SGC-38-16-00004-P Definition of the “Wire” at the Finish of a Harness Race
9/21/16 N.Y. St. Reg. SGC-38-16-00004-P
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 38
September 21, 2016
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SGC-38-16-00004-P
Definition of the “Wire” at the Finish of a Harness Race
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 4100.1 of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19) and 301(1)
Subject:
Definition of the “wire” at the finish of a harness race.
Purpose:
To preserve the integrity of pari-mutuel racing while generating reasonable revenue for the support of government.
Text of proposed rule:
Paragraph 48 of subdivision (a) of section 4100.1 of 9 NYCRR would be amended as follows:
§ 4100.1. Definitions.
(a) As used in this Subchapter, the following definitions are applicable:
* * *
(48) Wire means a real or imaginary finish line across the track from the [center of the judge's stand] photo-finish camera to a point immediately across[,] from the camera and at right angles to[,] the track.
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, P.O. 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 is needed to make a technical correction to the definition of “wire” in the harness racing rules.
The current definition of “wire,” at 9 NYCRR § 4000.1(a)(48), includes an unnecessary reference to a structure, the judges’ stand. As a result, in cases of temporary and unavoidable relocation of such stand, the definition is needlessly inaccurate. The proposal would amend such rule to delete this reference. The definition of “wire” will continue to include the location of the photo-finish camera and to designate the finish line of the 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 making the definition of “wire” more accurate.
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 proposed amendment is a technical revision to the Commission’s standardbred racing rules’ current definition of the term “wire” to omit an unneeded reference to a structure.
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.