Regulations Continued Without Modification

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 2019 review of regulations that were adopted during 1999, 2004, 2009 and 2014, 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:

1999

Repeal of Take Five subscription program and revision of Lotto game. LTR-20-99-00008. Amendments to Parts 2804 and 2817 of 21 NYCRR. (Parts 2804 and 2817 have been renumbered Parts 5004 and 5017.)

Internet postings to assist compulsive gamblers. RWB-18-99-00001. Amendments to 9 NYCRR §§ 4003.54, 4101.40, 4204.14 and 5204.17. (9 NYCRR § 5204.17 has been renumbered § 4404.17.)

Removal of restrictions on games of chance conducted by veteran’s organizations. RWB-23-98-00005. Amendment to 9 NYCRR § 5624.21. (9 NYCRR § 5624.21 has been renumbered § 4624.21.)

2004

No rules were adopted by the Division of Lottery

Stewards’ placement discretion after racing foul. RWB-50-03-00001. Amendment of subdivision (b) of 9 NYCRR § 4035.2.

Comprehensive bingo amendments. RWB-25-04-00003. Amendments to 9 NYCRR §§ 5812.9, 5814.15, 5815.11, 5815.14, 5815.20, 5820.8, 5820.12 through 5820.20, 5820.27, 5820.30, 5820.34, 5820.39, 5820.42, 5820.47, 5820.49, 5820.51 through 58.20.54. 5820.56, 5821.18, 5822.5, 5822.10 and 5822.11. (Part 5800 has been renumbered Part 4800.)

Trifecta wagering with five-entry fields. RWB-33-04-00006. Amendment of subdivision (i) of 9 NYCRR § 4011.22.

Voluntary exclusion from pari-mutuel wagering venues. RWB-34-04-00003. Added new Parts 4044, 4123, 4237, and 5212 to 9 NYCRR. (Part 5212 has been renumbered Part 4412.)

2009

Revision of comprehensive rules for operation of video lottery gaming. LTR-53-08-00015. Amendments to 21 NYCRR §§ 2836-6, 2836-7, 2836-12, 2836-18, 2836-19, 2836-20, and 2836-34. (Parts 2836-6, 2836-7 and 2836-12, 2836-18, 2836-19 and 2836-20, and 2836-24 have been renumbered Parts 5105, 5110, 5116, 5117, and 5122.)

Use of bingo bonus ball. RWB-34-08-00003. Added subdivision (af) to § 5800.1 and § 5820.57 to 9 NYCRR. (9 NYCRR §§ 5800.1 and 5820.57 have been renumbered §§ 4800.1 and 4820.57.)

Allow audible alert on electronic bingo aids. RWB-52-08-00013. Amendment to subdivision (d) of 9 NYCRR § 5823.2 and added subdivision (e) to § 5823.2. (9 NYCRR § 5823.2 has been renumbered § 4823.2.)

Out-of-competition drug testing of race horses. RWB-43-09-00001. Added 9 NYCRR §§ 4043.12 and 4120.17. (Some of 9 NYCRR § 4043.12 has been renumbered § 4012.5.)

2014

Restrictions on using public assistance benefits for gaming. SGC-24-14-00001. Amendments to 9 NYCRR §§ 4009.3, 4122.3, 4500.9, 5113.1, 5113.5, 5113.7 and 5113.8 and added 9 NYCRR §§ 4404.18, 4822.25 and 5117.7.

Cash 4 Life lottery game added. SGC-14-14-00011. Added 9 NYCRR § 5007.15.

Monopoly ® Millionaires’ Club lottery game added. SGC-32-14-00005. Added 9 NYCRR § 5007.16.

Corticosteroid joint injection disclosure. SGC-40-13-00002. Added new subdivision (c) to 9 NYCRR § 4038.5.

Extracorporeal shock wave therapy. SGC-47-13-000016. Added 9 NYCRR § 4043.14.

Tests required after Depo Medrol administration. SGC-49-13-00019. Added a new subdivision (k) to 9 NYCRR § 4043.2.

Regulatory thresholds for 24 drugs. SGC-49-13-00020. Added 9 NYCRR § 4043.3.

Limit corticosteroids that may be used systemically. SGC-49-13-00021. Amendment to paragraph (1) of subdivision (i) of 9 NYCRR § 4043.2.

Out-of-competition tests and prohibited substances. SGC-49-13-00005. Amendment to 9 NYCRR § 4120.17.

Restricted time period for flunixin. SGC-15-14-00022. Repeal of subdivision (d) and amendment of subdivision (e) of 9 NYCRR § 4043.2.

Limiting three corticosteroids to joint injections. SGC-37-14-00006. Amendment to paragraph (2) of subdivision (i) of 9 NYCRR § 4043.

A summary of the foregoing regulations was published in the Rule Review section of the April 3, 2019 issue of the State Register. The Commission did not receive any public comment regarding these regulations.

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 New York State Gaming Commission, One Broadway Center, Suite 500, Schenectady, NY 12301-7500.