PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of Part 5309 to Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1) and 1329
Subject:
Registration of lobbyists.
Purpose:
To govern the registration of lobbyists.
Text of proposed rule:
PART 5309
Lobbyist Registration
§ 5309.1. Registration of lobbyists.
A lobbyist seeking to engage in lobbying activity on behalf of a client or a client’s interest before the commission shall, in advance of such activity and in accordance with Racing, Pari-Mutuel Wagering and Breeding Law section 1329, file a lobbying registration form the commission supplies and may amend from time to time.
§ 5309.2. Termination.
Upon the termination of a lobbyist’s retainer, employment or designation, such lobbyist and the client on whose behalf such service has been rendered shall give written notice to the commission within 30 days after the lobbyist ceases the activity that required such lobbyist to file a lobbying registration form. Such lobbyist shall nevertheless comply with reporting requirements up to the date such activity has ceased, as required by Article 1-A of the Legislative Law.
Text of proposed rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, One Broadway Center, 6th Floor, Schenectady, NY 12305, (518) 388-3407, email: kristen.buckley@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: Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) section 104(19) grants authority to the Gaming Commission (“Commission”) to promulgate rules and regulations that it deems necessary to carry out its responsibilities. Racing Law section 1307(1) authorizes the Commission to adopt regulations that it deems necessary to protect the public interest in carrying out the provisions of Racing Law Article 13.
Racing Law section 1329 mandates registration of lobbyists with the Secretary of the Commission.
2. LEGISLATIVE OBJECTIVES: The above referenced statutory provisions carry out the legislature’s stated goal “to tightly and strictly” regulate casinos “to guarantee public confidence and trust in the credibility and integrity of all casino gambling in the state and to prevent organized crime from any involvement in the casino industry” as set forth in Racing Law section 1300(10).
3. NEEDS AND BENEFITS: The proposed rules implement the above listed statutory directives regarding the licensing requirements and procedures for registration of lobbyists. The rules provide specificity with respect to the above listed statutory directives to assure registration, notification and reporting requirements of all lobbyists. In addition, this rule making is necessary to promote public confidence and trust in the credibility and integrity of casino gambling in New York State.
4. COSTS:
(a) Costs to the regulated parties for the implementation of and continuing compliance with these rules: Lobbyist groups will have to file a form provided by the Commission for registration. There is no filing fee associated with the registration form and therefore no anticipated cost to the regulated party.
(b) Costs to the regulating agency, the State, and local governments for the implementation of and continued administration of the rule: These rules will not impose a cost to the Commission, State or local governments.
(c) The information, including the source or sources of such information, and methodology upon which the cost analysis is based: The cost estimates are based on the Commission’s experience regulating racing and gaming activities within the State.
5. LOCAL GOVERNMENT MANDATES: There are no local government mandates associated with these rules.
6. PAPERWORK: These rules impose a paperwork burden on lobbyists to file a registration with the Commission on a form provided by the Commission. Lobbyists will report prior to engaging in any activity and upon termination.
7. DUPLICATION: These rules do not duplicate, overlap or conflict with any existing State or federal requirements.
8. ALTERNATIVES: The Commission consulted stakeholders and reviewed other gambling jurisdiction best practices and regulation. Alternatives were discussed and considered with stakeholders and compared to other jurisdictions regulations. The Commission received no comments from stakeholders.
9. FEDERAL STANDARDS: There are no federal standards applicable to the licensing of gaming facilities in New York; it is purely a matter of New York State law.
10. COMPLIANCE SCHEDULE: The Commission anticipates that the affected parties will be able to achieve compliance with these rules upon adoption.
Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
These rules establish set forth the standards for lobbyist registration and will not have any adverse impact on small businesses, local governments, jobs or rural areas.
These rules do not impact local governments or small businesses as it is not expected that any local government or small business will be registered as a lobbyist with the Commission.
These rules impose no adverse impact on rural areas. These rules apply uniformly throughout the state.
These rules will have no adverse impact on job opportunities.
These rules will not adversely impact small businesses, local governments, jobs, or rural areas. Accordingly, a full Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, and Job Impact Statement are not required and have not been prepared.
