SGC-22-16-00004-P Simplifying How a Trainer May Alter the Use of Hopples
6/1/16 N.Y. St. Reg. SGC-22-16-00004-P
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 22
June 01, 2016
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SGC-22-16-00004-P
Simplifying How a Trainer May Alter the Use of Hopples
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 4113.5 and 4117.3 of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19) and 301(1)
Subject:
Simplifying how a trainer may alter the use of hopples.
Purpose:
To preserve the integrity of pari-mutuel racing while generating reasonable revenue for the support of government.
Text of proposed rule:
Section 4113.5 of 9 NYCRR would be amended as follows:
§ 4113.5. Unqualified horses.
(a) A horse shall be deemed unqualified and must qualify once before being allowed to start in any overnight pari-mutuel event for the following reasons:
* * *
(2) The horse is changing gait[, or putting on or taking off hopples unless available performance lines show that the horse has raced satisfactorily in such manner previously and in the opinion of the judges can be expected to give a satisfactory performance].
* * *
Section 4117.3 of 9 NYCRR would be amended as follows:
§ 4117.3. Use or removal of hopples.
(a) [If a horse has warmed up in hopples or raced one heat of a race in hopples, such hopples shall not be removed from a horse or altered without permission of the presiding judge.] The trainer has discretion on the use of hopples, subject to the judges cancelling any change in the use of hopples on a horse in the exercise of the judges’ discretion to protect the integrity of racing and the wagering public.
(b) [A horse habitually wearing hopples shall not be permitted to start in a race without them except by permission of the presiding judge. A horse habitually racing free-legged shall not be permitted to wear hopples in a race except with such permission. A failure to obtain permission to add, remove or make alterations in hopples may be deemed to be a fraud in racing.] The entry of the horse shall state whether such horse will use hopples or not. Failure to include a change on the entry form disallows any addition or subtraction of hopples for the race. Every change in a horse’s use of hopples must be included in the program.
(c) Any person found culpable of removing or altering a horse’s hopples during a race or between races for the purpose of fraud shall be suspended or expelled.
Text of proposed rule and any required statements and analyses may be obtained from:
Kristen M. Buckley, New York State Gaming Commission, 1 Broadway Center, PO Box 7500, Schenectady, New York 12301, (518) 388-3407, email: gamingrules@gaming.ny.gov
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
1. Statutory authority: The New York State Gaming Commission (“Commission”) is authorized to promulgate these rules pursuant to Racing Pari-Mutuel Wagering and Breeding Law (“Racing Law”) Sections 103(2), 104(1, 19), and 301(1). Under Section 103(2), the Commission is responsible for supervising, regulating and administering all horse racing and pari-mutuel wagering activities in the State. Subdivision (1) of Section 104 confers upon the Commission general jurisdiction over all such gaming activities within the State and over the corporations, associations and persons engaged in such activities. Subdivision (19) of Section 104 authorizes the Commission to promulgate any rules and regulations that it deems necessary to carry out its responsibilities. Under Section 301(1), the Commission is authorized to supervise generally all harness race meetings and to adopt rules to prevent the circumvention or evasion of its regulatory purposes and provisions.
2. Legislative objectives: To preserve the integrity of pari-mutuel racing while generating reasonable revenue for the support of government.
3. Needs and benefits: This rule making would allow the trainer discretion when entering a harness horse to race to change whether the horse will use hopples, subject to oversight by the Commission judges at the track.
Hopples are straps that help to keep a harness horse on a proper gait, either pacing or trotting, by connecting the front and rear legs on the same side of the horse. The consensus in the industry is that harness horses are able to race well regardless of a change in such equipment and that the wagering public can properly handicap such changes.
Under the current rules, a trainer must get the permission of the presiding judge for any change in the use of hopples (9 NYCRR § 4117.3) and a horse must race satisfactorily in a qualifying race before hopples may be worn or removed for the first time (9 NYCRR § 4113.5).
The proposal would amend these rules to allow the trainer to change whether a horse will use hopples or not, and to change a horse’s use of hopples without having to qualify the horse. The proposal instead would require that the race program report any changes in a horse’s use of hopples and authorize the judges to disallow any change in the use of hopples when necessary to protect the integrity of racing and the wagering public. This will allow a trainer more flexibility to change hopples as appropriate for local track configurations and conditions without always incurring the time and expense of getting permission from the presiding judge and requalifying the horse to race.
4. Costs:
(a) Costs to regulated parties for the implementation of and continuing compliance with the rule: These amendments will not add any new mandated costs to the existing rules.
(b) Costs to the agency, the state and local governments for the implementation and continuation of the rule: None. The amendments will not add any new costs. There will be no costs to local government because the Commission is the only governmental entity authorized to regulate pari-mutuel harness racing.
(c) The information, including the source(s) of such information and the methodology upon which the cost analysis is based: N/A.
5. Local government mandates: None. The Commission is the only governmental entity authorized to regulate pari-mutuel thoroughbred racing activities.
6. Paperwork: There will be no additional paperwork.
7. Duplication: No relevant rules or other legal requirements of the state and/or federal government exist that duplicate, overlap or conflict with this rule.
8. Alternatives: The Commission considered not changing this rule, but decided to propose changes that are less burdensome and are consistent with the capabilities of harness horses and the wagering public.
9. Federal standards: There are no minimum standards of the Federal government for this or a similar subject area.
10. Compliance schedule: The Commission believes that regulated persons will be able to achieve compliance with the rule upon adoption of this rule.
Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
A regulatory flexibility analysis for small business and local governments, a rural area flexibility analysis, and a job impact statement are not required for this rulemaking proposal because it will not adversely affect small businesses, local governments, rural areas, or jobs.
The proposal seeks to revise the Commission’s horse racing rules in regard to the use or removal of hopples for standardbred horses. The proposal would no longer require a harness horse trainer to obtain permission and have the horse participate in a qualifying race before making this minor equipment change. The trainer would be able to indicate the change on the entry form. The change would appear in the race program, and the judges could prevent such a change in the use of hopples when necessary to protect race integrity and wagering public.
This rule will not impose an adverse economic impact or reporting, record keeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities. No local government activities are involved.
