SGC-32-14-00005-A Addition of a New Multi-Jurisdictional Lottery Game
10/15/14 N.Y. St. Reg. SGC-32-14-00005-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 41
October 15, 2014
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
NOTICE OF ADOPTION
I.D No. SGC-32-14-00005-A
Filing No. 851
Filing Date. Sept. 30, 2014
Effective Date. Oct. 15, 2014
Addition of a New Multi-Jurisdictional Lottery Game
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 5007.16 to Title 9 NYCRR.
Statutory authority:
Tax Law, sections 1601, 1604, 1612(a), 1617; and Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1) and (19)
Subject:
Addition of a new multi-jurisdictional lottery game.
Purpose:
To permit the Commission to raise revenue for education with a new lottery game.
Substance of final rule:
This amendment of Part 5007, Multi-Jurisdictional Games, of Subtitle T of Title 9 NYCRR will add a new Section 5007.16, to allow the New York State Gaming Commission (“Commission”) to offer the MONOPOLY™ Millionaires’ Club™ game.
The purpose of this rule making is to generate additional revenue for education in New York through operation of the new MONOPOLY Millionaires’ Club multi-state lottery game that will award prizes to ticket holders matching specified combinations of numbers randomly selected in regularly scheduled drawings.
The new section of the Gaming Commission regulations describes the MONOPOLY Millionaires’ Club as a multi-jurisdictional lottery game similar to the Powerball and the Mega Millions games that have been offered in New York and other states since 2002 and the Cash 4 Life game introduced in 2014. Subdivision (a) sets forth some definitions. Subdivision (b) governs ticket pricing and the terms and conditions of ticket sales. Subdivision (c) describes the game, including the primary and secondary drawings and additional game feature(s). The number of winners to be selected in a secondary drawing shall be not less than 10 and may increase based upon sales.
Subdivision (d) sets forth play characteristics and restrictions. Subdivision (e) describes the time and place of drawings. Subdivision (f) details the prize structure and probabilities of winning. Subdivision (g) describes the payment options that may be chosen by a winner. Subdivision (h) provides that Parts 5003 and 5004 govern this new game. Subdivision (i) states that this new section applies only to the new MONOPOLY Millionaires’ Club game.
The full text of this proposed rule is posted on the Commission’s website, www.gaming.ny.gov.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 5007.16.
Text of rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, 1 Broadway Center, P.O. Box 7500, Schenectady, New York 12301, (518) 388-3407, email: gamingrules@gaming.ny.gov
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
A revised Regulatory Impact Statement, Regulatory Flexibility Analysis (RFA) for small business and local governments, Rural Area Flexibility Analysis (RAFA), and Job Impact Statement (JIS) are not required because the only change to the text of the proposed rule is a technical correction to the heading of the new regulation. In accordance with guidance regarding proper trademark attribution provided by the owner of applicable trademark rights, the heading of the proposed Section 5007.16 must be changed from “MONOPOLY® Millionaires’ Club” to “MONOPOLY™ Millionaires’ Club™.” The revised heading does not materially alter the purpose, meaning or effect of the proposed rule and is therefore not a substantive revision.
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 5th year after the year in which this rule is being adopted.
