Home » 2016 Issues » September 21, 2016 » SGC-24-16-00007-A Repeal of Obsolete Thoroughbred Rule Giving Extra Weight Allowance for Apprentice Jockey Riding for “Original Contract Employer”
SGC-24-16-00007-A Repeal of Obsolete Thoroughbred Rule Giving Extra Weight Allowance for Apprentice Jockey Riding for “Original Contract Employer”
9/21/16 N.Y. St. Reg. SGC-24-16-00007-A
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 38
September 21, 2016
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
NOTICE OF ADOPTION
I.D No. SGC-24-16-00007-A
Filing No. 825
Filing Date. Aug. 31, 2016
Effective Date. Sept. 21, 2016
Repeal of Obsolete Thoroughbred Rule Giving Extra Weight Allowance for Apprentice Jockey Riding for “Original Contract Employer”
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of section 4032.1(e) of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1) and (19)
Subject:
Repeal of obsolete thoroughbred rule giving extra weight allowance for apprentice jockey riding for “original contract employer”.
Purpose:
To preserve the safety and integrity of pari-mutuel racing while generating reasonable revenue for the support of government.
Text of final rule:
Subdivisions (c) and (d) of section 4032.1 of 9 NYCRR are amended and subdivision (e) of section 4032.1 of 9 NYCRR is deleted as follows:
§ 4032.1. Apprentice weight allowances.
An apprentice jockey licensed in accordance with section 4002.26 of this Article may claim the following weight allowances in all overnight races except stakes and handicaps:
* * *
(c) if an apprentice has ridden a total of 40 winners prior to the end of a period of one year from the date of riding his or her fifth winner, he or she shall have an allowance of five pounds until one year from the date of the fifth winning mount; and
(d) if after one year from the date of the fifth winning mount the apprentice jockey has not ridden 40 winners, the applicable weight allowance shall continue for one more year from the date of the fifth winning mount, or until the 40th winner, whichever comes first. In no event may a weight allowance be claimed for more than two years from the date of the fifth winning mount, unless an extension has been granted under this rule[; and
(e) a contracted apprentice may claim an allowance of three pounds for an additional one year while riding horses owned or trained by the original contract employee].
Final rule as compared with last published rule:
Nonsubstantial changes were made in section 4032.1(c) and (d).
Text of rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, One Broadway Center, P.O. Box 7500, Schenectady, New York 12301, (518) 388-3407, email: gamingrules@gaming.ny.gov
Revised Regulatory Impact Statement
A revised Regulatory Impact Statement is not required because the non-substantive changes to Section 4032.1(c) and Section 4032.1(d) involve corrections in numbering, grammar and punctuation. With the deletion of Section 4032.1(e), 4032.1(d) is the now the closing paragraph and the word “and” needs to be moved 4032.1(c) for proper grammar.
As is apparent from the revision, the non-substantive change will not have an impact beyond those stated in the RIS of the Notice of Proposed Rulemaking.
Revised 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 amendment, as proposed, is a technical revision to the Commission’s thoroughbred rules to omit weight allowances for jockeys racing for their “original contract employer.” This is an obsolete provision. Jockeys no longer participate in an apprentice system as a pre-requisite to obtaining a jockey license.
The amendment, as adopted, also includes non-substantive changes to the language of the preceding sub-sections as a matter of grammar and punctuation.
This rule will not impose an adverse economic impact or reporting, recordkeeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities. No local government activities are involved.
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 5th year after the year in which this rule is being adopted
