51 N.J.R. 1351(a)

VOLUME 51, ISSUE 16, AUGUST 19, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1351(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 19, 2019  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS

Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.

The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.

Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > LEGALIZED GAMES OF CHANCE CONTROL COMMISSION

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:47-7.9 and 8.4

Text

Equipment; General Operation of Bingo; Method of Play

Authorized By: Legalized Games of Chance Control Commission, Karl Reidel, 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 2019-125.

Submit comments by October 18, 2019, to:

   Legalized Games of Chance Control Commission
   c/o Karl Reidel, Executive Officer
   124 Halsey Street
   PO Box 46000
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx

The agency proposal follows:

Summary

N.J.A.C. 13:47-7.9 dictates that an electronic card minding device used for bingo games must require a player to input each number or symbol called during a bingo game separately and distinctly. This differs from the way such systems are arranged in most other states in that, in these other states, a player can input a number and symbol through one action. In these other states, a player would push one button to input "B-14" and not by pushing a "B" button, and a "14" button. This New Jersey specific requirement means that many systems that are used throughout the nation cannot be used in New Jersey. Systems that can be used in New Jersey are being phased out nationally and it is becoming difficult to fix or replace systems that comply with New Jersey requirements. The Legalized Games of Chance Control Commission (Commission) proposes to amend N.J.A.C. 13:47-7.9 to remove the requirement that a number and symbol be inputted separately and distinctly.

N.J.A.C. 13:47-8.4 limits the number of tickets that may be issued in an instant raffle game to 4,000. A presentation by a raffle game equipment provider to the Commission indicated that the national standard for instant raffle game ticket limitations is at most 10,000 tickets. The provider recommended that the Commission amend its rule to reflect the national standard. The Commission agreed with the presentation and now proposes to amend N.J.A.C. 13:47-8.4 to increase the limitation on instant raffle tickets to 10,000 tickets per game.
The Commission has determined that the comment period for this notice of proposal shall be 60 days. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Commission does not believe that the proposed amendments will have an impact on society.

Economic Impact

Increasing the number of tickets that may be sold as part of an instant raffle game will increase the amount of money that may be raised through such raffles by the licensed organizations that use raffles to raise funds for charitable purposes. The proposed amendments will also benefit instant raffle ticket equipment providers who will be able to sell more tickets in New Jersey.

Federal Standards Statement

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

Jobs Impact

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

Agriculture Industry Impact

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

Regulatory Flexibility Statement

It is possible that some of the entities that hold instant raffle games could be considered "small businesses" under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq. The proposed amendments do not impose any compliance, recordkeeping, or reporting requirements; therefore, a regulatory flexibility analysis is not required.

[page=1352] Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concerns the use of electronic card minding devices for bingo games and instant raffle game ticket limitations.

Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments 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 amendments concern the use of electronic card minding devices for bingo games and instant raffle game ticket limitations.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Commission has evaluated these proposed amendments and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.

Regulations

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

SUBCHAPTER 7.    CONDUCT OF BINGO

13:47-7.9    Equipment; general operation of bingo

(a)-(k) (No change.)

(l) The bingo player using an electronic card minding device shall input each number or symbol called by the licensed authorized organization into the memory of the card minding device [by use of a separate and distinct action for each number or symbol called]. Automatic marking of numbers or symbols is prohibited.

(m)-(v) (No change.)

SUBCHAPTER 8.    CONDUCT OF RAFFLES

13:47-8.4    Method of play

(a)-(b) (No change.)

(c) In any instant raffle game, including those using seal cards and commingled deals:

1. (No change.)

2. No deal shall contain more than [4,000] 10,000 instant raffle tickets; and

3. (No change.)

(d)-(g) (No change.)