SGC-07-16-00001-P Use of Cellular Telephones and Electronic Communication Devices in the Paddock

2/17/16 N.Y. St. Reg. SGC-07-16-00001-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 7

February 17, 2016

RULE MAKING ACTIVITIES

NEW YORK STATE GAMING COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. SGC-07-16-00001-P

Use of Cellular Telephones and Electronic Communication Devices in the Paddock

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

Proposed Action:

Amendment of section 4104.14 of Title 9 NYCRR.

Statutory authority:

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

Subject:

Use of cellular telephones and electronic communication devices in the paddock.

Purpose:

To allow cellular telephones and other communication devices in designated areas of a harness race track paddock.

Text of proposed rule:

Subdivision (c) of 4104.14 of Title 9E NYCRR is deleted as follows:

4104.14. Use of cellular telephones and electronic communication devices.

The use of cellular telephones or any other electronic communication device, including devices that are capable of sending or receiving text messages or e-mails, by any person while in the paddock or receiving barn is restricted to use in an area designated by the Paddock Judge.

(a) Notwithstanding the provisions of Rule 4104.11, a sign shall be posted prominently at the entrance of the paddock or receiving barn stating that the use of a cellular telephone or an electronic communication device by any person while in the paddock is restricted to an area designated by the Paddock Judge, and identified by a sign that reads “Designated Cell Telephone Area.”

(b) Nothing contained in this rule shall diminish the right of any track to adopt or implement more restrictive procedures concerning the use of cellular telephones and other electronic devices.

[(c) This section shall continue for one year after the date that it goes into effect.]

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

Kristen Buckley, New York State Gaming Commission, One Broadway Center, Suite 600, Schenectady, New York, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

(a) Statutory authority. Racing, Pari-Mutuel Wagering and Breeding Law sections 104(1), 104(19) and 301(1). Section 104(1) of the Racing, Pari-Mutuel Wagering and Breeding Law grants the Gaming Commission general jurisdiction over all gaming activities within the state and over the corporations, associations and person engaged therein. Section 104(19) grants the Gaming Commission the authority to promulgate any rules and regulations that it deems necessary to carry out its responsibilities. Section 301(1) grants the Gaming Commission the authority to supervise generally all harness race meetings in New York State at which pari-mutuel betting is conducted and the authority to adopt rules accordingly.

(b) Legislative objectives. To enable the Gaming Commission to ensure that all gaming activity conducted in this state will be of the highest integrity, credibility and quality.

(c) Needs and benefits. This rule is needed to permit trainers, drivers, owners and groom the ability to communicate fully while in the paddock area.

Paddock personnel will be able to communicate during the long period of time they are required to remain in the paddock. Commission Rule 4104.8(a) requires trainers and/or assistant trainers to report to the paddock at least one hour prior to post time. A driver, trainer or groom, once admitted to the paddock may not leave the paddock until the horse to which he or she is assigned shall have completed its race, returned to the paddock, and the race is declared official. If these persons have multiple horses racing, they may be required to spend many hours in the paddock. During that time, they may need to make and receive telephone calls and electronic messages.

The cell phone paddock rule, 9 NYCRR § 4104.14, was adopted originally on January 30, 2012 and included subdivision (c), which stated that “this section shall continue for one year after the date that it goes into affect,” allowing the rule to be implemented on a trial basis. The Gaming Commission re-adopted the rule on August 6, 2013. The Gaming Commission, with this proposal, intends to omit the sunset clause and make the rule permanent.

(d) Costs. There are no projected costs to regulated persons or state and local governments associated with the adoption of this rule. The elimination of subdivision (c) will reduce agency costs to the Gaming Commission by eliminating the need to prepare and submit a rulemaking package to continue experimentation with the rule. State and local governments are not affected by this rule.

(e) Paperwork. There will be no new paperwork created by this amendment. Adoption of the amendment will reduce the paperwork required for annual re-adoption of Section 4104.14 by the Gaming Commission.

(f) Local government mandates. Because the Gaming Commission is solely responsible for the regulations of pari-mutuel wagering activities in the State of New York, there is no program, service, duty or responsibility imposed by the rule upon any county, city, town, village, school district, fire district or other special district.

(g) Duplication. There are no relevant rules or legal requirements of the state and federal governments that duplicate, overlap or conflict with the amendment of Section 4104.14.

(h) Alternative approaches. No alternative approaches were considered for this rulemaking because it was previously implemented in January 2012 and August 2013 on an experimental basis and there were no problems encountered with the rule.

(i) Federal standards. There are no federal standards for pari-mutuel wagering on harness races in New York State.

(j) Compliance schedule. The rule would be effective immediately upon publication of a Notice of Adoption in the State Register.

Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

This proposal does not require a Regulatory Flexibility Statement, Rural Area Flexibility Statement or Job Impact Statement as the amendment re-adopts a rule that was originally adopted on January 31, 2012 and re-adopted on August 6, 2013 which allows the use of cellular telephones and electronic communications devices within the paddock or receiving barn at a licensed harness race track. This amendment is different from the January 2012 and August 2013 adoption in that it removes an annual sunset clause, removing the need for the Gaming Commission to re-adopt the rule every year. The rule proposal requires Paddock Judges, who are employees of the New York State Gaming Commission, to designate areas where track personnel may use their cellular telephones or electronic communication devices, prominently post signs regarding the restricted use of cell phones in the paddock and other signs that identify the cellular phone use area. This rule has been in affect at New York State harness racetracks since January 2012 and will not add any new requirements. Consequently, the rule does not adversely affect small business, local governments, jobs nor rural areas. This amendment will not have an impact upon a small business pursuant to such definition in the State Administrative Procedure Act § 102(8). Nor does it negatively affect employment. The proposal will not impose adverse economic impact on reporting, recordkeeping or other compliance requirements on small businesses in rural or urban areas nor on employment opportunities. The rule does not impose any technological changes on the industry either.