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

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Subdivision (l) of Section 4002.1 of Subtitle T, Title 9 is repealed.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.

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.

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.

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.

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.