2/20/13 N.Y. St. Reg. RWB-08-13-00004-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to add section 4104.14 of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 101(1) and 301(1)
Subject:
Use of cellular telephones in the paddock.
Purpose:
To allow cellular telephones and other electronic communication devices in designated areas of a harness race track paddock.
Text of proposed rule:
Section 4104.14 of 9 NYCRR is added read 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:
John Googas, New York State Gaming Commission, One Broadway Center, Suite 600, Schenectady, New York, (518) 395-5400, email:
info@racing.ny.govData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
No person is likely to object to the adoption of this rule because this rule has been in effect since February 15, 2012 and no person has objected to it, nor has there been anything controversial that occurred since it was implemented.
When this rule was adopted by the Racing and Wagering Board on January 25, 2012, it included a sunset provision of one year. The rule will expire on February 15, 2013. This adoption is necessary to extend the rule for another year from the publication date of the Notice of Adoption.
Job Impact Statement
This proposal does not require a Job Impact Statement as the amendment deals with the conduct of personnel within the paddock or receiving barn at a licensed harness race track. Consequently, the rule does not adversely affect jobs. The rule proposal requires Paddock Judges, who are employees of the New York State racing and Wagering Board, 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 effect on a one-year term since February 15, 2012 and there has been no adverse impact on jobs as a result.
