As required by section 207(4) of the State Administrative Procedure Act, the New York State Gaming Commission (“Commission”) gives notice of the following:

As part of the Commission’s 2022 review of regulations that were adopted during 1997, 2002, 2007, 2012 and 2017, the Commission has reviewed several amendments that were made to the rules of the Commission (including rulemaking of its legacy agencies, the Division of Lottery and the Racing and Wagering Board) in these calendar years. The following amendments were reviewed:

2017

Horse Racing

SGC-45-16-00002. Advertising on jockeys. Amendment to 9 NYCRR § 4041.6.

SGC-47-16-00017. Harness racing conflicts. Addition of 9 NYCRR § 4105.17 and repeal of § 4116.3.

SGC-17-17-00008. Account wagering. Amendment of 9 NYCRR §§ 4500.1, 4500.2, 4500.3, 4500.4, 4500.5, 4500.6, 4500.7, 4500.8, 4500.9, 4500.10, 4500.11, 4500.12, 4500.13, 4500.14, 4500.15, 4500.16, 4500.17, 4500.20, 4500.21 and 4500.22. Sections 4500.2 and 4500.3 were further amended in 2022.

SGC-17-17-00004. Unqualified standardbred horse. Amendment of 9 NYCRR § 4113.5(a)(1).

Lottery

SGC-32-17-00005. Mega Millions amendments. Amendment of 9 NYCRR §§ 5007.1, 5007.2, 5007.4 and 5007.7.

Gaming

SGC-47-16-000024. Bonding of video lottery agents. Amendment of 9 NYCRR § 5103.5.

2012

Rules adopted by the Racing and Wagering Board:

RWB-43-11-00003. Testing of certain licensees and officials in horse racing activities for blood alcohol content. Addition of 9 NYCRR § 4042.6.

RWB-43-11-00004. Use of cellular telephones in the paddock at harness tracks. Addition of 9 NYCRR § 4104.14.

RWB-44-11-00001. Minimum diameter of a riding crop used in Thoroughbred racing. Amendment of 9 NYCRR § 4035.9(a)(1)(iii).

RWB-44-11-00002. The trifecta wager in thoroughbred horse racing. Amendment of 9 NYCRR § 4011.22(i), since renumbered as 4011.21(h).

RWB-44-11-00020. Generally accepted auditing standards for off-track betting corporations. Amendment of 9 NYCRR §§ 5208.1, 5208.2, 5208.3, 5208.4, 5208.5 and 5208.6.

RWB-52-11-00007. Authorizing and prohibiting the use of phenylbutazone. Amendment of 9 NYCRR §§ 4043.2(d) and 4120.2(d) (both such subdivisions were repealed entirely in 2014).

RWB-08-12-00001. Out-of-competition drug testing of Thoroughbred race horses. Amendment of 9 NYCRR §§ 4012.5 and 4043.12. Section 4012.5 was further amended in 2013 and section 4023.12 was further amended in 2013 and 2018.

RWB-23-12-00001. Maximum fines for violations in Thoroughbred, harness and Quarterhorse racing. Amendment of 9 NYCRR §§ 4022.13, 4102.3 and 4207.29.

RWB-25-12-00001. The reimbursement of costs to the State of New York for associate judges and starters at harness races. Addition of 9 NYCRR § 4101.41. The rule was further amended in 2013.

RWB-29-12-00007. Claims of Thoroughbred horses that die on the track during or after a race. Amendment of 9 NYCRR § 4038.5(a). Section 4038.5 was further amended in 2014, 2016 and 2020.

RWB-30-12-00001. Procedures and penalties for the testing of Thoroughbred and harness race horses for the presence of excess TCO2 levels. Amendment of 9 NYCRR §§ 4043.8, 4043.9, 4120.13 and 4120.14.

RWB-33-12-00002. The minimum price for which a horse shall be entered in a claiming race. Amendment of 9 NYCRR § 4038.2. The rule was further amended in 2019.

2007

Rules adopted by the Division of Lottery:

LTR-50-06-00004. Video lottery gaming. Amendment of 21 NYCRR Part 2836 (since renumbered as 9 NYCRR Subtitle T, Chapter IV, Subchapter A, Parts 5100-5122).

Rules adopted by the Racing and Wagering Board:

RWB-19-07-00004. Post race blood gas testing for Thoroughbred and harness race horses. Addition of 9 NYCRR §§ 4038.19(g), 4043.8, 4043.9, 4043.10, 4109.7(f), 4120.13, 4120.14 and 4120.15.

RWB-19-07-00005. Authorizing the ‘‘Treasure Chest Raffle’’ and ‘‘Search for the Queen of Hearts” as games of chance. Addition of 9 NYCRR §§ 5620.23 and 5620.24 (since renumbered as §§ 4620.23 and 4620.24). Section 4620.23 was further amended in 2022.

RWB-20-07-00006. Use of the whip rule. Amendment of 9 NYCRR § 4117.8.

RWB-20-07-00007. Wagering while on duty. Amendment of 9 NYCRR §§ 4005.4 and 4122.10.

RWB-20-07-00008. Single service use and disposal of syringes and needles. Addition of 9 NYCRR §§ 4043.11 and 4120.16.

RWB-31-07-00009. Failure to finish a harness race. Amendment of 9 NYCRR § 4117.2(c).

2002

Rules adopted by the Racing and Wagering Board:

RWB-37-01-00002. Games of Chance. Amendment of 9 NYCRR §§ 5602.1, 5606.1, 5606.14, 5608.7, 5620.12, 5624.1, 5624.18 and 5624.21 (since renumbered as §§ 4602.1, 4606.14, 4608.7, 4620.12, 4624.1, 4624.18 and 4624.21). Sections 4602.1, 4608.7, 4624.1 and 4624.21 were further amended in 2022.

RWB-38-01-00001. Bell Jar Games. Amendment of 9 NYCRR §§ 5600.1, 5608.4, 5608.5, 5608.7, 5611.1, 5611.2, 5620.19 and 5620.22 (since renumbered as §§ 4601.1, 4608.5, 4609.7, 4611.1, 4611.2, 4620.10 and 4620.22). Sections 4601.1, 4608.5, 4611.1, 4611.2, 4620.10 and 4620.22 were further amended in 2022.

RWB-28-02-00006. Electronic Bingo Aids. Amendment of 9 NYCRR § 5800.1 (since renumbered as § 4800.1) and addition of Part 5823 (since renumbered as Part 4823).

1997

Rule adopted by the Division of Lottery:

LTR-33-97-00002. Lottery Subscriptions. Amendment of 21 NYCRR §§ 2804.13(a) and § 2804.16 (since renumbered as 9 NYCRR §§ 5005.1(c) and 5055.7(c)). This rule was amended in 2013 and 2016.

Rules adopted by the Racing and Wagering Board:

RWB-43-96-0004. Additional License Fee for Raffles. Amendment of 9 NYCRR § 5624.3 (since renumbered as § 4624.3). Section 4624.3 was further amended in 2022.

A summary of the foregoing regulations was published in the Rule Review section of the January 26, 2022 issue of the State Register. The Commission did not receive any public comment regarding these regulations.

Except for subsequent amendments as noted, the Commission has determined that these regulations should be continued without modification because there have been no changes in public policy or regulatory circumstances that would warrant modification to these rules.

For further information contact: Kristen M. Buckley, Acting Secretary of the Gaming Commission, One Broadway Center, Suite 500, Schenectady, NY 12301-7500.