7/18/12 N.Y. St. Reg. RWB-08-12-00001-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 4043.13; and addition of section 4012.5 to Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 101(1) and 902(1)
Subject:
Out of competition drug testing of thoroughbred race horses.
Purpose:
To amend existing equine drug testing requirements to include race horses that are not formally scheduled to race.
Text or summary was published
in the February 22, 2012 issue of the Register, I.D. No. RWB-08-12-00001-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
John J. Googas, New York State Racing and Wagering Board, One Broadway Center, Suite 600, Schenectady, New York 12305-2553, (518) 395-5400, email:
info@racing.ny.govAssessment of Public Comment
The Board received two responses as part of the public comment.
Philip Palermo, Director of Operations at Finger Lakes Casino and Racetrack submitted a letter on April 21, 2012 supporting the amendments. The letter stated: "Finger Lakes fully supports the efforts to improve the integrity of thoroughbred racing and applaud the board's initiative regarding changes proposed for Out-of-Competition Testing."
In regards to 4012.5(a)(2), Finger Lakes commented that they read this section to mean that the track may be required to provide a safe location for the collection of samples. The Board will not require any additional space or assistance from the rate track operators in order to implement this rule.
Finger Lakes commented that "we believe only state employees should oversee the process." In fact, under this rule out-of-competition testing of thoroughbred horses will only be conducted under the direct supervision of Board employees.
The Board also received a comment by e-mail from a person named Jay Murphy. The brief e-mail stated "In favor of the proposed changes." No further information or his association with horse racing was included in the e-mail.
