Permit Harness Horses to Race Without Qualifying in Extraordinary Circumstances
NY-ADR
6/3/20 N.Y. St. Reg. SGC-22-20-00008-P
NEW YORK STATE REGISTER
VOLUME XLII, ISSUE 22
June 03, 2020
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SGC-22-20-00008-P
Permit Harness Horses to Race Without Qualifying in Extraordinary Circumstances
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 amend section 4113.5(a)(1) of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1) and (19)
Subject:
Permit harness horses to race without qualifying in extraordinary circumstances.
Purpose:
To enhance harness racing in New York and promote a reasonable return for government.
Text of proposed rule:
Paragraph (1) of subdivision (a) of section 4113.5 of 9 NYCRR would be amended, as follows:
§ 4113.5. Unqualified horses.
(a) A horse shall be deemed unqualified and must qualify once before being allowed to start in any overnight pari-mutuel event for the following reasons:
(1) The horse does not show a charted line of a current performance meeting the qualifying standards at the track for the class of race. Current performance shall be defined as a start within 30 days of the date of the race to which declared. Official workouts shall be acceptable as qualifying performances for this paragraph for horses with previous satisfactory races. The commission may extend the qualifying standards from 30 to as many [as 60] days as appropriate to account for [appropriate reasons, including] track closings, equine sickness, inclement weather or other unexpected events that interfere with the opportunities for otherwise eligible horses to race.
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Text of proposed rule and any required statements and analyses may be obtained from:
Kristen M. Buckley, New York State Gaming Commission, One Broadway Center, P.O. Box 7500, Schenectady, New York 12301-7500, (518) 388-3332, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
The adoption of this proposed revision to the harness rules of the New York State Gaming Commission would authorize the Commission to allow a horse to resume racing without a qualifying race after not racing, for an unspecified period time, because of delays caused by unexpected events. The current rule limits this authority to when a horse has not raced for 60 days or less. The proposal would permit harness racing to resume in New York State after an extraordinary event that causes racetrack closures, without necessitating the unsafe immediate congregation of large numbers of owners, trainers and drivers for the purpose of requalifying the hundreds of horses that have been unable to race due to racetrack closures. Due to the non-controversial nature of this amendment, no person is likely to object to the revision proposed by this amendment.
Job Impact Statement
A job impact statement is not required for this consensus rulemaking proposal because the proposed amendments will not adversely affect jobs or employment opportunities.
The proposal will make only a non-controversial amendment to allow the New York State Gaming Commission to modify harness racing qualification standards in extraordinary circumstances.
The proposed amendments will not have an impact on jobs or employment opportunities and will not impose any adverse impact on jobs or employment opportunities.
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