PENNSYLVANIA GAMING CONTROL BOARD [58 PA. CODE CH. 503] Self Exclusion [36 Pa.B. 7863]
[Saturday, December 23, 2006]Under the Pennsylvania Gaming Control Board's (Board) Resolution No. 2006-8-REG, the Board has the authority to amend the temporary regulations adopted on May 19, 2006, as it deems necessary in accordance with the purpose of 4 Pa.C.S. Part II (relating to gaming) (Act 71) and to further the intent of Act 71. To respond to changes in the Board's self-exclusion program, the Board has decided to make changes to the temporary regulations, dated May 19, 2006, as deposited with the Legislative Reference Bureau (Bureau) and published at 36 Pa.B. 2902 (June 10, 2006).
Therefore, the Board has deposited amendments to Chapter 503 (relating to self exclusion) with the Bureau. The amendments are effective as of December 4, 2006.
The temporary regulations of the Board in Chapter 503 are amended by amending Chapter 503 to read as set forth in Annex A.
Order
The Board, acting under the authorizing statute, orders that:
(a) Acting under the authority of Act 71, the amendments to the temporary regulations adopted by resolution at the December 4, 2006, public meeting are adopted. The amendments to the temporary regulations pertain to self exclusion.
(b) The temporary regulations of the Board, 58 Pa. Code Chapter 503, are amended by amending §§ 503.1 and 503.3--503.6; by deleting § 503.2 and by adding § 503.7 to read as set forth in Annex A.
(c) The amendments are effective December 4, 2006.
(d) The amendments to the temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.
(e) The Chairperson of the Board shall certify this order and deposit the amendments to the temporary regulations with the Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-52. (1) State Gaming Fund; (2) Implementing Year 2006-07 is $188,000; (3) 1st Succeeding Year 2007-08 is $108,000; 2nd Succeeding Year 2008-09 is $112,000; 3rd Succeeding Year 2009-10 is $116,000; 4th Succeeding Year 2010-11 is $121,000; 5th Succeeding Year 2011-12 is $126,000; (4) 2005-06 Program--$26,400,000; 2004-05 Program--$13,200,000; 2003-04 Program--$2,900,000; (7) Board Budget; (8) recommends adoption. Funds from the administrative accounts within the State Gaming Fund will be used to cover the costs of these regulations.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart I. COMPULSIVE AND PROBLEM GAMBLING CHAPTER 503. SELF EXCLUSION § 503.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Fully executed gaming transaction--An activity involving a slot machine or associated equipment which occurs on the gaming floor of a licensed facility and which results in an individual obtaining any money or thing of value from, or being owed any money or thing of value by, a slot machine licensee.
Self-excluded person--A person whose name is included, at the person's own request, on the self-exclusion list maintained by the Board.
Self-exclusion list--A list of names of persons who, under this chapter, have voluntarily agreed to be excluded from the gaming floor and all gaming activities at a licensed facility and to be prohibited from collecting any winnings, recovering any losses or accepting complimentary gifts or services or any other thing of value at a licensed facility.
Winnings--Any money or thing of value received from, or being owed by a slot machine licensee as a result of a fully executed gaming transaction.
§ 503.2. (Reserved).
§ 503.3. Request for self exclusion.
(a) A person may have the person's name placed on the self-exclusion list by submitting a request for self exclusion in the form and manner required by the Board.
(b) A person requesting placement on the self-exclusion list shall submit, in person, a completed request for self exclusion to the Board. The Board will designate locations for submission of completed requests for self exclusion in accordance with this chapter.
(c) A request for self exclusion must include the following identifying information:
(1) Name, including any aliases or nicknames.
(2) Date of birth.
(3) Address of current residence.
(4) Telephone number of current residence.
(5) Social Security number, when voluntarily provided in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).
(6) Physical description of the person, including height, weight, gender, hair color, eye color and any other physical characteristic that may assist in the identification of the person.
(7) Government issued photo identification such as driver's license or passport.
(d) The information provided in subsection (c) shall be updated by the self-excluded person within 30 days of a change.
(e) The length of self exclusion requested by the person may be one of the following:
(1) One year (12 months).
(2) Five years.
(3) Lifetime.
(f) A request for self exclusion must include a signed release which:
(1) Acknowledges that the request for self exclusion has been made voluntarily.
(2) Certifies that the information provided in the request for self exclusion is true and accurate.
(3) Acknowledges that the individual requesting self exclusion is a problem gambler.
(4) Acknowledges that if the individual is found on the gaming floor or engaging in gaming activities at any licensed facility, that the individual will be subject to removal and may be subject to arrest for criminal trespass under 18 Pa.C.S. § 3503 (relating to criminal trespass).
(5) Releases, indemnifies, holds harmless and forever discharges the Commonwealth, the Board, and all slot machine licensees from any claims, damages, losses, expenses or liability arising out of, by reason of or relating to the self-excluded person or to any other party for any harm, monetary or otherwise, which may arise as a result of one or more of the following:
(i) The failure of a slot machine licensee to withhold gaming privileges from or restore gaming privileges to a self-excluded person.
(ii) Otherwise permitting or not permitting a self-excluded person to engage in gaming activity in a licensed facility while on the list of self-excluded persons.
(iii) Disclosure by a slot machine licensee of information regarding a self-excluded person to any person or group who is not affiliated with the slot machine licensee.
(iv) Disclosure of information regarding a self-excluded person by the Board.
(g) Self exclusions for 1 or 5 years remain in effect until the self-excluded person requests removal from the Board's self-exclusion list under § 503.6 (relating to removal from self-exclusion list).
(h) A person submitting a self-exclusion request shall be required to present a government-issued photo identification containing the person's signature and photograph when the person submits the request.
(i) A person requesting self exclusion under this chapter shall be required to have a photograph taken by the Board, or agent thereof, upon the Board's acceptance of the request to be on the list.
§ 503.4. Self-exclusion list.
(a) The Board will maintain the official self-exclusion list and notify each slot machine licensee of any additions to or deletions from the list by first class mail or by transmitting a notice by electronic means directly to each slot machine licensee.
(b) The notice provided to slot machine licensees by the Board will include the following information concerning a person who has been added to the self-exclusion list:
(1) Name, including any aliases or nicknames.
(2) Date of birth.
(3) Address of current residence.
(4) Telephone number of current residence.
(5) Social Security number, when voluntarily provided by the person requesting self exclusion under section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).
(6) Physical description of the person, including height, weight, gender, hair color, eye color and any other physical characteristic that may assist in the identification of the person.
(7) A copy of the photograph taken by the Board under § 503.3(i) (relating to request for self exclusion).
(c) The notice provided to slot machine licensees by the Board concerning a person whose name has been removed from the self-exclusion list will include the name and date of birth of the person.
(d) A slot machine licensee shall maintain a copy of the self-exclusion list and establish procedures to ensure that the copy of the self-exclusion list is updated and that all appropriate employees and agents of the slot machine licensee are notified of any addition to or deletion from the list within 5 business days after the day notice is mailed to each slot machine licensee or transmitted electronically under subsection (a).
(e) Information furnished to or obtained by the Board under this chapter will be deemed confidential and will not be disclosed except in accordance with this chapter.
(f) Slot machine licensees, employees or agents thereof may not disclose the name of, or any information about, a person who has requested self exclusion to anyone other than employees and agents of the slot machine licensee whose duties and functions require access to the information. Notwithstanding the foregoing, a slot machine licensee may disclose the identity of a self-excluded person to appropriate employees of other slot machine licensees in this Commonwealth or affiliated gaming entities in other jurisdictions from disclosing the identity of persons self excluded to other affiliated gaming entities in this Commonwealth or other jurisdictions for the limited purpose of assisting in the proper administration of responsible gaming programs operated by affiliated licensed gaming entities.
(g) A self-excluded person may not collect in any manner or in any proceeding any winnings or recover any losses arising as a result of any gaming activity for the entire period of time that the person is on the Board's self-exclusion list.
(h) Any winnings incurred by a self-excluded person shall be remitted to the Board and deposited into the Compulsive and Problem Gambling Treatment Fund.
(i) For the purposes of this section, any winnings issued to, found on or about, or redeemed by a self-excluded person shall be presumed to constitute winnings subject to remittance to the Board.
§ 503.5. Duties of slot machine licensees.
(a) A slot machine licensee shall train its employees and establish procedures that are designed to:
(1) Identify a self-excluded person when present in a licensed facility and, upon identification, notify the following persons:
(i) Employees of the slot machine licensee whose duties include the identification and removal of self-excluded persons.
(ii) Designated representatives of the Board.
(2) Notify the Pennsylvania State Police when a self-excluded person is found on the gaming floor or engaging in gaming activities.
(3) Refuse wagers from and deny gaming privileges to a self-excluded person.
(4) Deny check cashing privileges, player club membership, complimentary goods and services, junket participation and other similar privileges and benefits to any self-excluded person.
(5) Ensure that self-excluded persons do not receive, either from the slot machine licensee or any agent thereof, junket solicitations, targeted mailings, tele- marketing promotions, player club materials or other promotional materials relating to gaming activities at its licensed facility.
(6) Comply with § 503.4(d) (relating to self-exclusion list).
(7) Disseminate written materials to patrons explaining the self-exclusion program.
(b) A slot machine licensee shall submit a copy of its procedures and training materials established under subsection (a) to the Board 30 days prior to initiation of gaming activities at the licensed facility. Amendments to these procedures shall be submitted to the Board at least 10 business days prior to their implementation. If the Board does not object to the procedures or amendments thereto, the procedures or amendments shall be deemed to be approved.
(c) A slot machine licensee shall post signs at all entrances to a licensed facility indicating that a person who is on the self-exclusion list may be subject to arrest for trespassing under 18 Pa.C.S. § 3503 if the person is on the gaming floor or engaging in gaming activities.
(d) The list of self-excluded persons is confidential, and any distribution of the list to an unauthorized source constitutes a violation of the act and subjects the disclosing party to sanctions the Board deems appropriate.
(e) Under section 1516 of the act (relating to list of persons self excluded from gaming activities), slot machine licensees and employees thereof may not be liable for damages in any civil action, which is based on the following:
(1) Failure to withhold gaming privileges from or restore gaming privileges to a self-excluded person.
(2) Permitting or not permitting a self-excluded person to gamble.
(3) Good faith disclosure of the identity of a self-excluded person to someone, other than those authorized by this chapter, for the purpose of complying with this chapter.
(f) A slot machine licensee shall report the discovery of a self-excluded person on the gaming floor or engaging in gaming activities to the Board within 3 days in a form and manner prescribed by the Board.
§ 503.6. Removal from self-exclusion list.
(a) A self-excluded person may, upon the expiration of the period of self exclusion, request removal of the person's name from the self-exclusion list by submitting a completed request for removal as required by subsections (b) and (c).
(b) A request for removal from the self-exclusion list must be in a form prescribed by the Board. The form must include:
(1) The identifying information specified in § 503.3(c) (1)--(7) (relating to request for self exclusion).
(2) The signature of the person requesting removal from the self-exclusion list indicating acknowledgment of the following statement:
''I certify that the information that I have provided above is true and accurate. I am aware that my signature below constitutes a revocation of my previous request for self exclusion, and I authorize the Board to permit all slot machine licensees of the Commonwealth of Pennsylvania to reinstate my gaming privileges at licensed facilities.''
(c) The request shall be submitted to a location designated by the Board. A person submitting a request for removal from the self-exclusion list shall be required to present a valid government-issued photo identification containing the person's signature when the request is submitted. No sooner than 5 business days after the request is submitted, the person submitting the request shall:
(1) Return to the Board office where the request was filed.
(2) Present a valid government-issued photo identification containing the person's signature.
(3) Sign the request a second time.
(d) Within 5 business days after the request is signed for a second time, the Board will delete the name of the person requesting removal from the self-exclusion list and notify each slot machine licensee of the removal.
§ 503.7. Exceptions to the prohibition from being on the gaming floor for individuals on the self-exclusion list.
The prohibition against allowing self-excluded persons to be on the gaming floor does not apply to an individual who is on the self-exclusion list if all of the following apply:
(1) The individual is carrying out the duties of employment or incidental activities related to employment.
(2) The slot machine licensee's security department and the Board's office located at the licensed facility have received prior notice.
(3) Access to the gaming floor is limited to the time necessary to complete the individual's assigned duties.
(4) The individual does not otherwise engage in any gaming activities.
[Pa.B. Doc. No. 06-2514. Filed for public inspection December 22, 2006, 9:00 a.m.]
