SGC-46-15-00004-A To Require Claimant to Indicate on Claim Form Whether Commission at Claimant’s Expense Shall Test a Claimed Horse for Drug Use

2/10/16 N.Y. St. Reg. SGC-46-15-00004-A

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 6

February 10, 2016

RULE MAKING ACTIVITIES

NEW YORK STATE GAMING COMMISSION

NOTICE OF ADOPTION

 

I.D No. SGC-46-15-00004-A

Filing No. 129

Filing Date. Jan. 26, 2016

Effective Date. Feb. 10, 2016

To Require Claimant to Indicate on Claim Form Whether Commission at Claimant’s Expense Shall Test a Claimed Horse for Drug Use

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of sections 4038.5, 4038.17, 4109.3 and 4109.5 of Title 9 NYCRR.

Statutory authority:

Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19), 301(1), (2) and 902(1)

Subject:

To require claimant to indicate on claim form whether commission at claimant’s expense shall test a claimed horse for drug use.

Purpose:

To preserve the integrity of pari-mutuel racing while generating reasonable revenue for the support of government.

Text or summary was published

in the November 18, 2015 issue of the Register, I.D. No. SGC-46-15-00004-P.

Final rule as compared with last published rule:

No changes.

Text of rule and any required statements and analyses may be obtained from:

Kristen Buckley, New York State Gaming Commission, One Broadway Center, P.O. Box 7500, Schenectady, New York 12301, [phone], email: [e-mail]

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 2021, which is no later than the 5th year after the year in which this rule is being adopted.

Assessment of Public Comment

The Gaming Commission received a letter from the New York Thoroughbred Horsemen’s Association, which supports the current rule and urges the Gaming Commission to consider certain issues that will arise should the amendment be adopted.

NYTHA urged the Gaming Commission “to provide for significant random drug testing of claimed horses at the discretion of the Stewards” if the rule is adopted.

“NYTHA understands that this proposal is being made for purely economic reasons,” NYTHA wrote, “However, the fundamental underpinning of our industry is its integrity, the welfare of the horse and the public interest, each of which are protected under the current rule.”

NYTHA also asked the Commission to “consider whether a positive test from an elective drug test by a claimant should result in a disciplinary proceeding, since such testing is for the benefit of the claimant and not in furtherance of any regulatory purpose.”