State Lottery Drawings

NY-ADR

1/7/09 N.Y. St. Reg. RWB-01-09-00002-P
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 1
January 07, 2009
RULE MAKING ACTIVITIES
RACING AND WAGERING BOARD
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. RWB-01-09-00002-P
State Lottery Drawings
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to repeal Parts 5000 and 5001 of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, section 101(1); and Tax Law, section 1604(a)
Subject:
State Lottery drawings.
Purpose:
This rulemaking is designed to remove obsolete and statutorily nullified rules regarding the State Lottery.
Substance of proposed rule:
PART 5000. LOTTERY DRAWINGS
Section 5000.1 Time of drawings.
Section 5000.2 Place of drawings.
Section 5000.3 Manner of conducting drawings.
Section 5000.4 Replacement of tickets not included in drawing.
Section 5000.5 Information required of prizewinners.
Section 5000.6 Drawing of substitute prizewinners.
Section 5000.7 Unclaimed prize money.
Section 5000.8 Inspection of operations and records.
Section 5000.9 Summer, 1970 three dollar ticket lottery.
Section 5000.10 Fall, 1970 three dollar ticket lottery.
Section 5000.11 Additional three dollar ticket lotteries.
Section 5000.12 Fifty-cent numbered ticket.
Section 5000.13 Fifty-cent numbered ticket; prize amount.
Section 5000.14 Fifty-cent numbered ticket; selection of winners.
Section 5000.15 Fifty-cent numbered ticket; prizes awarded.
Section 5000.16 Fifty-cent numbered ticket; payment of prizes.
Section 5000.17 Fifty-cent numbered ticket; return of unsold tickets.
Section 5000.18 Spring, 1971 two dollar ticket lottery.
Section 5000.19 Special two dollar ticket lotteries.
Section 5000.20 Fifty-cent numbered ticket weekly lottery.
Section 5000.21 Fifty-cent numbered ticket weekly lottery; time of drawing.
Section 5000.22 Fifty-cent numbered ticket weekly lottery; price and description of tickets.
Section 5000.23 Fifty-cent numbered ticket weekly lottery; selection of winners.
Section 5000.24 Fifty-cent numbered ticket weekly lottery; prizes awarded.
Section 5000.25 Fifty-cent numbered ticket weekly lottery; payment of prizes.
Section 5000.26 Fifty-cent numbered ticket weekly lottery; vendor compensation.
Section 5000.27 Fifty-cent numbered ticket weekly lottery; provisions applicable.
Section 5000.28 Special $3 numbered ticket lottery.
Section 5000.29 Special $3 numbered ticket lottery; price and description of ticket.
Section 5000.30 Special $3 numbered ticket lottery; selection of winners.
Section 5000.31 Special $3 numbered ticket lottery; prizes awarded.
Section 5000.32 Special $3 numbered ticket lottery; payment of prizes.
Section 5000.33 Special $3 numbered ticket lottery; vendor compensation.
Section 5000.34 Special $3 numbered ticket lottery; provisions applicable.
Section 5000.35 Special $2 Winter numbered ticket lottery.
Section 5000.36 Special $2 Winter numbered ticket lottery; price and description of ticket.
Section 5000.37 Special $2 Winter numbered ticket lottery; selection of winners.
Section 5000.38 Special $2 Winter numbered ticket lottery; prizes awarded.
Section 5000.39 Special $2 Winter numbered ticket lottery; payment of prizes.
Section 5000.40 Special $2 Winter numbered ticket lottery; vendors.
Section 5000.41 Special $2 Winter numbered ticket lottery; provisions applicable.
Section 5000.42 Special $3 Summer numbered ticket lottery.
Section 5000.43 Special $3 Summer numbered ticket lottery; price and description of ticket.
Section 5000.44 Special $3 Summer numbered ticket lottery; selection of winners.
Section 5000.45 Special $3 Summer numbered ticket lottery; prizes awarded.
Section 5000.46 Special $3 Summer numbered ticket lottery; payment of prizes.
Section 5000.47 Special $3 Summer numbered ticket lottery; vendor compensation.
Section 5000.48 Special $3 Summer numbered ticket lottery; provisions applicable.
Section 5000.49 Construction.
Section 5000.51 New chance fifty-cent numbered ticket lottery.
Section 5000.52 New chance fifty-cent numbered ticket lottery--eligible tickets.
Section 5000.53 New chance fifty-cent numbered ticket lottery--selection of winners.
Section 5000.54 New chance fifty-cent numbered ticket lottery--prizes awarded.
Section 5000.55 New chance fifty-cent numbered ticket lottery--payment of prizes.
Section 5000.56 New chance fifty-cent numbered ticket lottery--provisions applicable.
Section 5000.57 Construction.
Section 5000.58 Special 1974 $3 numbered ticket lottery.
Section 5000.59 Special 1974 $3 numbered ticket lottery--price and description of ticket.
Section 5000.60 Special 1974 $3 numbered ticket lottery--selection of winners.
Section 5000.61 Special 1974 $3 numbered ticket lottery--prizes awarded.
Section 5000.62 Special 1974 $3 numbered ticket lottery--payment of prizes.
Section 5000.63 Special 1974 $3 numbered ticket lottery--vendors.
Section 5000.64 Special 1974 $3 numbered ticket lottery--provisions applicable.
Section 5000.65 Special 1974 $3 numbered ticket lottery--absentee registrants.
Section 5000.66 Fifty-cent Colossus numbered ticket weekly lottery.
Section 5000.67 Two dollar fifty cent Independence Day (July 4th) numbered ticket lottery.
Section 5000.68 Fifty-cent Double Up numbered ticket weekly lottery.
PART 5001. GENERAL PROVISIONS
Section 5001.1 General applicability.
Section 5001.2 Ticket purchaser's responsibility.
Text of proposed rule and any required statements and analyses may be obtained from:
John Googas, New York State Racing and Wagering Board, One Broadway Center, Suite 600, Schenectady, New York 12305, (518) 395-5400, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Racing and Wagering Board has determined that no person is likely to object to the adoption of the rule as written because Parts 5000 and 5001 of 9E NYCRR are obsolete and were effectively nullified by statute in 1976.
When Parts 5000 and 5001 were originally incorporated into their current form in March 1974, the New York State Racing and Wagering Board was responsible for regulating the state lottery. With the adoption of Chapter 92 of the Laws of 1976, the responsibility for regulating the state lottery was transferred to the Division of Lottery of the effective March 31, 1976.
Since then, section 1604 of the Tax Law has expressly given the Lottery Division the authority to operate and administer the state lottery.
Subsequently, Section 2800.8 of 21 NYCRR was adopted on August 30, 1976 and states “The rules and regulations governing the operation of the State Lottery formerly conducted by the State Racing and Wagering Board and the predecessors of the State Racing and Wagering Board are not applicable to the operation of the State Lottery under article 34 of the Tax Law, as amended by chapter 92 of the Laws of 1976 and subsequently amended.”
Because the Racing and Wagering Board no longer operates and administers the state lottery as per statute, no person is likely to object to the repeal of Parts 5000 and 5001, which pertain to lottery drawings.
Job Impact Statement
This rulemaking will not have an impact on jobs or employment opportunities. Under Section 201-a of the State Administrative Procedure Act, “impact on jobs or employment opportunities” is measured in the two-year period commencing on the date the rule takes effect. The New York State Racing and Wagering Board has not operated or administered Part 5000 or Part 5001 of 9 NYCRR since March 1976. Practically speaking, the impact period of nullifying Parts 5000 and 5001 expired in March 1978, even though the obsolete rules remained on the books. There will be no impact on jobs because the rules have not been enforced since March 1976.
End of Document