SGC-30-13-00010-A Recognition of Establishment of the Gaming Commission

9/25/13 N.Y. St. Reg. SGC-30-13-00010-A

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 39

September 25, 2013

RULE MAKING ACTIVITIES

NEW YORK STATE GAMING COMMISSION

NOTICE OF ADOPTION

 

I.D No. SGC-30-13-00010-A

Filing No. 886

Filing Date. Sept. 10, 2013

Effective Date. Sept. 25, 2013

Recognition of Establishment of the Gaming Commission

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of Subtitle T, Chapters I, II, IV, and V; addition of Chapter III to Subtitle T of Title 9 NYCRR; repeal of Chapter XLIV (Parts 2800 through 2836) of Title 21 NYCRR.

Statutory authority:

Racing, Pari-Mutuel Wagering and Breeding Law, sections 102, 103, 104 and 128

Subject:

Recognition of establishment of the Gaming Commission.

Purpose:

To make technical changes to references to Racing and Wagering Board and Lottery to Gaming Commission.

Substance of final rule:

Effective February 1, 2013, Part A of Chapter 60 of the Laws of 2012 consolidated the New York State Division of the Lottery and the New York State Racing and Wagering Board into a new Gaming Commission. Such Chapter of law was codified as Article 1 of the Racing, Pari-Mutuel Wagering and Breeding Law. Pursuant to Sections 123 and 129 of the Racing, Pari-Mutuel Wagering and Breeding Law, unless the context shall otherwise require, whenever the “Racing and Wagering Board” or “Division of Lottery” are referred to or designated in any law or rule pertaining to the functions, powers, obligations and duties transferred and assigned to the Gaming Commission, such reference or designation shall be deemed to refer to the Gaming Commission.

Technical amendments were made throughout the former agencies’ regulations to change references from the Racing and Wagering Board, Chairman of the Board, the Lottery, and the Director of the Lottery to the Gaming Commission; to reflect the Gaming Commission’s four divisions: Charitable Gaming, Gaming, Lottery and Horse Racing and Pari-Mutuel Wagering; to modernize or delete obsolete references; and to make other style and usage changes.

In addition to the technical references in the regulations, the Division of the Lottery’s regulations are being re-codified into Subtitle T of Title 9 of New York Codes, Rules and Regulations so that the Gaming Commission’s regulations are within the same Subtitle for ease of reference. A chart is attached for ease of reference.

After the publication of the Notice of Emergency and Proposed Rulemaking, the Gaming Commission made further stylistic changes, in comparison to the Notice of Proposed Rulemaking in the July 24, 2013 State Register (summarizing the proposed rule amendments) and the full text of the proposed rule amendments posted on the Gaming Commission’s website, to sections 4000.3, 4001.6, 4002.1, 4002.5, 4002.19, 4003.5, 4003.11, 4003.19, 4003.51, 4007.3, 4009.2, 4009.16, 4010.1, 4011.23, 4011.25, 4011.28, 4020.3, 4021.4, 4022.13, 4025.24, 4026.6, 4032.1, 4032.4, 4038.1, 4038.5, 4038.9, 4038.13, 4039.19, 4040.1, 4043.1, 4043.2(e, g), 4043.10, 4043.12, 4044.2, 4057.2, 4063.1, 4064.11, 4081.7, 4101.7, 4101.13, 4101.24, 4101.38, 4101.39, 4101.40, 4101.41, 4105.1, 4111.32, 4113.2, 4113.5, 4116.1, 4117.3, 4117.5, 4120.1, 4120.2, 4120.13, 4120.15, 4120.17, 4122.46, 4122.47, 4122.49, 4123.1, 4123.2, 4300.1, 4404.17, 4409.5. 4412.2, 4500.1, 4550.4, 4550.10, 4602.1, 4603.3, 4607.14, 4608.5, 4609.1, 4620.3, 4620.13, 4620.19, 4620.22, 4622.25, 4624.1, 4624.8, 4627.8, 4815.11, 4815.12, 4820.56, 4830.16, 5000.6, 5000.8, 5001.8, 5001.14, 5001.18, 5001.27, 5003.2, 5003.3, 5004.6, 5004.9, 5007.13, 5013.2, 5108.2, 5112.5, 5115.1, 5115.5, 5116.3, 5116.7, 5117.1, 5117.2, 5121.4, 5121.5, 5121.7, 5121.8, 5122.1 and 5122.3; to the numbering of Part 4211 (was 4212) and its sections, and to the names of Subchapter A of Chapter II; Parts 4121, 5004 and 5121; and sections in the tables of contents of Parts 5001 and 5003.

REORGANIZATION CHART FOR GAMING COMMISSION RULES

SUBTITLE T. New York State Gaming Commission

Division of NYCRR	Title	Recodified Parts	Former Parts
CHAPTER I	Division of Horse Racing and Pari- Mutuel Wagering	Parts 4000-4550	Parts 4000-4500, 5100-5300 and 5402
Subchapter A	Thoroughbred Racing
Article 1	Rules of Racing	Parts 4000-4044	Parts 4000-4044
Article 2	Steeplechases, Hurdle Races and Hunt Meetings	Parts 4050-4066	Parts 4050-4066
Article 3	New York-Bred Thoroughbreds	Parts 4080-4081	Parts 4080-4081
Subchapter B	Harness Racing	Parts 4100-4123	Parts 4100-4123
Subchapter C	Quarter Horse Racing	Parts 4200-4237	Parts 4200-4237
Subchapter D	Promotion of Equine Research	Part 4250	Part 4500
Subchapter E	Totalisator Systems	Part 4300	Part 5100
Subchapter F	Off-Track Pari- Mutuel Betting	Parts 4400-4412	Parts 5200-5212
Subchapter G	Internet and Tele- phone Account Wagering	Part 4500	Part 5300
Subchapter H	Adjudicatory Proceedings for Racing	Part 4550	Part 5402
CHAPTER II	Division of Charitable Gaming	Parts 4600-4831	Parts 5600-5831
Subchapter A	Games of Chance General Provisions, Identification and Licensing	Parts 4600-4611	Parts 5600-5611
Subchapter B	Authorized Games of Chance, Games of Chance Currency, Conduct of Games and Supplies and Equipment	Parts 4620-4627	Parts 5620-5627
Subchapter C	Bingo General Provisions	Parts 4800-4801	Parts 5800-5802
Subchapter D	Bingo Licensing and Registration	Pats 4810-4815	Parts 5810-5815
Subchapter E	Bingo Conduct of Games, Hearings and Appeals	Parts 4820-4823 and 4830-4831	Parts 5830-5823 and 5830-5831
CHAPTER III	Division of Lottery	Parts 5000-5013	21 NYCRR Parts 2800-2835
CHAPTER IV	Division of Gaming	Parts 5100-5300	21 NYCRR Part 2836
Subchapter A	Video Lottery Gaming	Parts 5100-5122	21 NYCRR Part 2836
Subchapter B	Indian Gaming	Part 5200	(new)
Subchapter C	[Reserved]	Part 5300	(new)
CHAPTER V	Administration	Parts 5400-5500	Parts 5400-5401
Subchapter A	Public Access to Records	Parts 5400-5401	Parts 5400-5401
Subchapter B	General Provisions	Part 5402	(new)
Subchapter C	Office of Racing Promotion and Development	Part 5500	(new)

Notes:

Subdivision (l) of Section 4002.1 of Subtitle T, Title 9 is repealed. This subdivision repeated the VLT occupational licensing rules in former NYSRWB horse racing rules and is redundant to Subchapter A, Chapter IV, of Subtitle T, Title 9, as amended.

Former Article 4 (Part 4070) of Subtitle T, Title 9 is repealed. This Article, a breakage experiment during 1978-80, is obsolete.

Sections 4081.2 through 4081.6 and section 4082.2 of Subtitle T, Title 9 are repealed. These rules, governing horses foaled during 1979-92 and the 1993 distribution schedule for breeders awards, are obsolete.

Part 5211 of Subtitle T, Title 9 is repealed. This Part, a repetition of the OTB pool distribution contained in statute in the 1970s, is obsolete.

Part 5802 of Subtitle T, Title 9 is repealed. This Part, FOIL and personal privacy rules for bingo regulation, was duplicated elsewhere in former NYSRWB rules and is redundant to Parts 5400 and 5401 of Subtitle T, Title 9, as amended.

CHAPTER III consists of one subdivision, Subdivision A, State Lottery.

There are currently no rules (only RESERVED) in Subdivisions B and C of CHAPTER IV and in Subdivisions B and C of CHAPTER V.

Final rule as compared with last published rule:

See section list of changes in Revised Regulatory Impact Statement.

Text of rule and any required statements and analyses may be obtained from:

Rick Goodell, New York State Gaming Commission, One Broadway Center, Suite 600, Schenectady, NY 12305, [phone], email: [e-mail]

Revised Regulatory Impact Statement

The Gaming Commission made stylistic changes, in comparison to the Notice of Proposed Rulemaking in the July 24, 2013 State Register (summarizing the proposed rule amendments) and the full text of the proposed rule amendments posted on the Gaming Commission’s website, to sections 4000.3, 4001.6, 4002.1, 4002.5, 4002.19, 4003.5, 4003.11, 4003.19, 4003.51, 4007.3, 4009.2, 4009.16, 4010.1, 4011.23, 4011.25, 4011.28, 4020.3, 4021.4, 4022.13, 4025.24, 4026.6, 4032.1, 4032.4, 4038.1, 4038.5, 4038.9, 4038.13, 4039.19, 4040.1, 4043.1, 4043.2(e, g), 4043.10, 4043.12, 4044.2, 4057.2, 4063.1, 4064.11, 4081.7, 4101.7, 4101.13, 4101.24, 4101.38, 4101.39, 4101.40, 4101.41, 4105.1, 4111.32, 4113.2, 4113.5, 4116.1, 4117.3, 4117.5, 4120.1, 4120.2, 4120.13, 4120.15, 4120.17, 4122.46, 4122.47, 4122.49, 4123.1, 4123.2, 4300.1, 4404.17, 4409.5. 4412.2, 4500.1, 4550.4, 4550.10, 4602.1, 4603.3, 4607.14, 4608.5, 4609.1, 4620.3, 4620.13, 4620.19, 4620.22, 4622.25, 4624.1, 4624.8, 4627.8, 4815.11, 4815.12, 4820.56, 4830.16, 5000.6, 5000.8, 5001.8, 5001.14, 5001.18, 5001.27, 5003.2, 5003.3, 5004.6, 5004.9, 5007.13, 5013.2, 5108.2, 5112.5, 5115.1, 5115.5, 5116.3, 5116.7, 5117.1, 5117.2, 5121.4, 5121.5, 5121.7, 5121.8, 5122.1 and 5122.3; to the numbering of Part 4211 (was 4212) and its sections, and to the names of Subchapter A of Chapter II; Parts 4121, 5004 and 5121; and sections in the tables of contents of Parts 5001 and 5003.

These changes correct spelling, typographical or stylistic errors; conform rule language to the statutory law or to equivalent rules; and recognize that one proposed change was adopted through other permanent rulemaking. Such non-substantive changes make no change in the meaning or effect of these rules and do not necessitate a revised Regulatory Impact Statement.

Revised Regulatory Flexibility Analysis, Revised Rural Area Flexibility Analysis and Revised Job Impact Statement

As is evident by the nature of this rulemaking, and the non-substantive changes that were adopted in comparison to the previously published proposed rules, this will not have an adverse affect on jobs or rural areas. This proposal does not implement any substantive changes. As proposed, its amendments change references from the Racing and Wagering Board, Chairman of the Board, the Lottery, and the Director of the Lottery to the Commission; reflect the Commission’s four divisions; modernize or omit obsolete language; and standardize style and usage. Such amendments will have no impact on jobs or rural areas. They are intended to consolidate, modernize, and standardize the rules for ease of reference, and as such will have a positive effect on the lawful gaming activities regulated by the Gaming Commission and on the revenue they generate through wagering and horse breeding in New York State. This will not adversely impact rural areas or jobs or local governments, and does not require a Regulatory Flexibility Analysis, Rural Area Flexibility Statement, or Job Impact Statement.

Further, the changes to the adopted rules, in comparison to the published Notice of Proposed Rulemaking in the July 24, 2013 State Register (summarizing the proposed rule amendments) and the full text of the proposed rule amendments posted on the Gaming Commission’s website, to sections 4000.3, 4001.6, 4002.1, 4002.5, 4002.19, 4003.5, 4003.11, 4003.19, 4003.51, 4007.3, 4009.2, 4009.16, 4010.1, 4011.23, 4011.25, 4011.28, 4020.3, 4021.4, 4022.13, 4025.24, 4026.6, 4032.1, 4032.4, 4038.1, 4038.5, 4038.9, 4038.13, 4039.19, 4040.1, 4043.1, 4043.2(e, g), 4043.10, 4043.12, 4044.2, 4057.2, 4063.1, 4064.11, 4081.7, 4101.7, 4101.13, 4101.24, 4101.38, 4101.39, 4101.40, 4101.41, 4105.1, 4111.32, 4113.2, 4113.5, 4116.1, 4117.3, 4117.5, 4120.1, 4120.2, 4120.13, 4120.15, 4120.17, 4122.46, 4122.47, 4122.49, 4123.1, 4123.2, 4300.1, 4404.17, 4409.5. 4412.2, 4500.1, 4550.4, 4550.10, 4602.1, 4603.3, 4607.14, 4608.5, 4609.1, 4620.3, 4620.13, 4620.19, 4620.22, 4622.25, 4624.1, 4624.8, 4627.8, 4815.11, 4815.12, 4820.56, 4830.16, 5000.6, 5000.8, 5001.8, 5001.14, 5001.18, 5001.27, 5003.2, 5003.3, 5004.6, 5004.9, 5007.13, 5013.2, 5108.2, 5112.5, 5115.1, 5115.5, 5116.3, 5116.7, 5117.1, 5117.2, 5121.4, 5121.5, 5121.7, 5121.8, 5122.1 and 5122.3; to the numbering of Part 4211 (was 4212) and its sections, and to the names of Subchapter A of Chapter II; Parts 4121, 5004 and 5121; and sections in the tables of contents of Parts 5001 and 5003. These changes correct spelling, typographical or stylistic errors; conform rule language to the statutory law or to equivalent rules; and recognize that one proposed change was adopted through other permanent rulemaking. Such non-substantive changes to the proposed rules make no change in the meaning or effect of these rules, and do not necessitate a Regulatory Flexibility Analysis, Rural Area Flexibility Statement, or Job Impact Statement.

Initial Review of Rule

As a rule that does not require a Regulatory Flexibility Analysis, Rural Area Flexibility Analysis or Job Impact Statement, this rule will be initially reviewed in the calendar year 2018, which is no later than the fifth year after the year in which this rule is being adopted.

Assessment of Public Comment

One public comment was received in response to the publication of the proposed rule-making in the July 24, 2013 State Register. A racetrack inquired whether its status within an off-track betting region to receive distributions from certain off-track betting wagers could be affected by the proposed repeal of 9 NYCRR part 5211. Such entitlements are created by statute and the racetrack will continue to be entitled to such distributions. The repeal of part 5211, with its obsolete distribution tables, has no effect on the definitions of regions or regional tracks, which are established by statute. The repeal of part 5211 makes no change in commission practice or policy in regard to such entitlements.