RULE PROPOSALS

VOLUME 41, ISSUE 16

ISSUE DATE: AUGUST 17, 2009

LAW AND PUBLIC SAFETY

DIVISION OF CONSUMER AFFAIRS

LEGALIZED GAMES OF CHANCE CONTROL COMMISSION

Proposed Amendment: N.J.A.C. 13:47-7.20

Electronic Card Minding Systems Requirements

Authorized By: Legalized Games of Chance Control Commission, David M. Szuchman, Acting Executive Officer.

Authority: N.J.S.A. 5:8-6.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2009-249.

Submit comments by October 16, 2009 to:

Legalized Games of Chance Control Commission

c/o David M. Szuchman, Acting Executive Officer

124 Halsey Street

P.O. Box 46000

Newark, New Jersey 07101

The agency proposal follows:

Summary

N.J.A.C. 13:47-7.20 requires electronic card minding systems to have an internal accounting system that records, and can print receipts with, the model number of each portable electronic card minding device. The rule also requires that such systems record, and be able to print receipts with, the terminal or account number associated with each fixed-base card minding device. During the adoption of this rule, the Legalized Games of Chance Control Commission (Commission) realized that portable electronic card minding devices have terminal or account numbers and that fixed-base card minding devices have model numbers. These two separate devices should be treated similarly by the card minding system. The Commission proposes to amend N.J.A.C. 13:47-7.20, so that card minding systems will be required to record, and be able to print receipts with, the model number and terminal or account number for both portable electronic card minding devices and fixed-base card minding devices.

The Commission has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.

Social Impact

The Commission believes that the proposed amendment will have a beneficial impact on individuals and groups that use electronic card minding systems. By requiring that such systems record, and be able to print receipts with, the model number and terminal or account number of card minding devices, the rule will assist in identifying devices that are malfunctioning. This will result in better operating systems for those who use them.

Economic Impact

The proposed amendment may have an impact on manufacturers of electronic card minding systems. Configuring these systems so that they will record, and print receipts with, the model number and terminal number or account number of each minding device will impose costs on such manufacturers.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 5:8-6 and is not subject to any Federal requirements or standards.

Jobs Impact

The Commission does not believe that the proposed amendment will increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Commission does not believe that the proposed amendment will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Although manufacturers of electronic games of chance systems tend to be large enterprises, there may be some manufacturers that may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act).

The economic impact on small businesses is the same as on all businesses as set forth in the Economic Impact statement above. The Commission does not believe that manufacturers will need to employ any professional services to comply with the requirements of the proposed amendment. The proposed amendment does not impose reporting requirements, but does impose compliance and recordkeeping requirements as detailed in the Summary above.

As the proposed amendment assists in identifying malfunctioning card minding devices and in maintaining an efficiently functioning electronic card minding system, the Commission believes that the proposed amendment should be applied to all manufacturers regardless of size.

Smart Growth Impact

The Commission does not believe that the proposed amendment will have an impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Housing Affordability Impact

The proposed amendment will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rule would evoke a change in the average costs associated with housing because the proposed rule concerns electronic card minding systems.

Smart Growth Development Impact

The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rule would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the proposed rule concerns electronic card minding systems.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 7. CONDUCT OF BINGO

13:47-7.20 Electronic card minding systems requirements

(a) (No change.)

(b) Each site system shall ensure that an internal accounting system records and retains the following information for a period of not less than 12 months:

1.-3. (No change.)

4. The total number of card faces sold for use with card minding devices for each occasion; and

5. The model number [of each portable electronic card minding device sold; and

6. The] and terminal number or account number associated with each portable electronic card minding device or fixed-base card minding device sold.

(c) (No change.)

(d) Each site system shall ensure that the applicable point of sale station is capable of printing a receipt for each sale or void of an electronic product that includes, at a minimum, the following information in addition to the information in (c) above:

1. (No change.)

2. The model number [of each portable card minding device sold; and

3. The] and terminal number or account number for each portable electronic card minding device or fixed-base card minding device sold.

(e)-(k) (No change.)