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Regulatory Reform in Today’s Industry. Presentation by Frank J. Fahrenkopf, Jr. President and CEO American Gaming Association. GLI University’s 11th North American Roundtable March 7, 2012. American Gaming Association.
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Regulatory Reform in Today’s Industry Presentation byFrank J. Fahrenkopf, Jr.President and CEOAmerican Gaming Association GLI University’s 11th North American Roundtable March 7, 2012
American Gaming Association • National trade association for the commercial casino segment of the U.S. gaming industry • Consists mostly of members that are publicly held casino and gaming manufacturing companies • Created in 1995
Agenda • Industry commitment to regulation • The case for regulatory reform • 2011: AGA taskforce & white paper • 2012: sustained education & outreach efforts; making regulatory reform a reality
AGA’s Commitment to Regulation • Recognize strong regulatory framework is essential to industry • Proud of existing framework • Deeply appreciative of regulators’ efforts • Understand collaborative industry-regulator relationships critical to continued success
The Case for Regulatory Reform • Technology has moved faster than regulatory reform • Games are more complex • Payment systems are technologically advanced • Business operations and communications more efficient • Business organization/structures have evolved • Industry began as private companies solely regulated by gaming boards • Now most are publicly owned, causing parallel regulation
AGA’s Regulatory Reform Taskforce • Created in 2011 to identify necessary regulatory reforms and to determine practical opportunities for change • Consisted of compliance officers, lawyers and other industry experts – including former regulators – from the AGA membership • Produced “Improving Gaming Regulations: 10 Recommendations for Streamlining Processes While Maintaining Integrity”
Common Sense Regulatory Reforms • License terms should be indeterminate or extend for at least five years • Use of uniform license applications • Allow waiver for institutional investors holding less than a 25 percent ownership of a licensee • Extend the use of “shelf approvals” for debt transactions and public offerings • Require no more than registration of outside directors
Common Sense Regulatory Reforms • Eliminate unnecessary regulatory filings • Update licensing procedures and practices • Eliminate prescribed Minimum Internal Control Standards (MICS) • Eliminate prior-notice or pre-approval of the shipment of electronic gaming machines • Reduce the number of pre-approvals for electronic gaming machines
Keys to Modernizing Regulation • Reform regulation of gaming machines • Pre-approval procedures for shipping complicate shipments and create tens of thousands of unnecessary notifications • Different states require different notices within different time periods, thus complicating the coordination of machine shipments • Recommend a post-delivery notice when a machine has been installed
Keys to Modernizing Regulation • Modify or eliminate unnecessary red tape and reporting requirements • Foreign reports, loan reports and quarterly contract reports serve duplicative or arcane purposes and are no longer necessary • Using technology to retain records for background checks and ending the practice of licensing non-gaming workers will free up resources for operators and regulators • Minimum Internal Control Standards (MICS) only micromanage and slow operators down
Keys to Modernizing Regulation • Update licensing procedures and practices • Technology can eliminate duplicative licensing burdens • Electronic fingerprints should be used because they are transferable • Video conferencing removes the burden of travel for executives and managers • These interviews can also be saved/archived for future licensing requirements
Keys to Modernizing Regulations • Simplify financing procedures • Raise the ceiling for regulatory exemption • Promote the use of “shelf approvals” that remain in effect for up to 5 years • “Shelf approvals” would provide flexibility to act quickly and take advantage of favorable marketing conditions • Still protect a licensee’s solvency without compromising regulatory oversight
Making Regulatory Reform a Reality • Introduced white paper at G2E • Distributed recommendations to all regulators • New Jersey and Nevada have already taken up regulatory reform
Moving Forward • Working with state associations and member companies to establish priorities • The AGA recently launched a new section of our website dedicated to regulatory reform • Materials on the current regulatory framework • Charts comparing regulatory requirements across jurisdictions • A glossary of terms relating to regulation • Proposals for making regulations more efficient • Considering creation of national regulators forum
AGA Regulatory Webpage www.americangaming.org/regreform