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(o) [Other than the display of the will-pays after the penultimate pick-five race, providing information to any person in regard to covered combinations, amounts wagered on specific combinations, numbers of tickets sold or number of live tickets remaining is strictly prohibited. This subdivision shall not prohibit necessary communication between totalisator and pari-mutuel department employees for processing of pool data.] [Reserved]

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(s) Betting information. [Unless otherwise ordered by the commission, information concerning combinations wagered upon or not wagered upon in a pick-five pool shall not be disclosed by the tote operator, or otherwise, until the final pick-five race remains as the only race to be contested for completion of the pick-five wager.] A racing association may display publicly information in regard to combinations wagered upon, amounts wagered on such combinations, numbers of tickets sold or number of tickets still capable of winning a pick-five pool. The operation of the totalisator equipment and reports generated thereby[, as well as the communication of any information concerning such pool,] shall be subject to the strict supervision of the commission.

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§ 4011.26. Pick-six pools.

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(o) [Other than the display of the will-pays after the penultimate pick-six race, providing information to any person in regard to covered combinations, amounts wagered on specific combinations, numbers of tickets sold or number of live tickets remaining is strictly prohibited. This subdivision shall not prohibit necessary communication between totalisator and pari-mutuel department employees for processing of pool data.] [Reserved]

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(s) Betting information. [Unless otherwise ordered by the commission, information concerning combinations wagered upon or not wagered upon in a pick-six pool shall not be disclosed by the tote operator, or otherwise, until the final pick-six race remains as the only race to be contested for completion of the pick-six wager.] A racing association may display publicly information in regard to combinations wagered upon, amounts wagered on such combinations, numbers of tickets sold or number of tickets still capable of winning a pick-six pool. The operation of the totalisator equipment and reports generated thereby[, as well as the communication of any information concerning such pool,] shall be subject to the strict supervision of the commission.

1. Statutory authority: The New York State Gaming Commission (“Commission”) is authorized to promulgate these rules pursuant to Racing Pari-Mutuel Wagering and Breeding Law (“Racing Law”) Sections 103(2) and 104 (1, 19). Under Section 103(2), the Commission is responsible for supervising, regulating and administering all horse racing and pari-mutuel wagering activities in the State. Subdivision (1) of Section 104 confers upon the Commission general jurisdiction over all such gaming activities within the State and over the corporations, associations and persons engaged in such activities. Subdivision (19) of Section 104 authorizes the Commission to promulgate any rules and regulations that it deems necessary to carry out its responsibilities.

2. Legislative objectives: To enable the Commission to preserve the integrity of pari-mutuel racing while generating reasonable revenue for the support of government.

3. Needs and benefits: This rule making proposes to amend the Commission’s thoroughbred pick-five and pick-six wagering rules to enhance interest in the pick-five and pick-six wagers.

The current rules, 9 NYCRR §§ 4011.25 and 4011.26, prohibit a track from displaying wagering information about pick-five or pick-six combinations other than will-pays after the penultimate race in the sequence. The proposed revision would permit a track to disclose publicly combinations wagered upon, amounts wagered on such combinations, numbers of tickets sold or number of tickets still capable of winning a pick-five or pick-six pool.

The New York Racing Association, Inc. (NYRA), which operates three leading Thoroughbred racetracks in New York, believes this additional public information may generate more bettor interest. Finger Lakes racetrack has no objection to the amendment as formulated by the Division of Horse Racing and Pari-Mutuel Wagering. This change may enhance interest in the pick-five and pick-six wagers.

4. Costs:

(a) Costs to regulated parties for the implementation of and continuing compliance with the rule: These amendments will not add any new mandated costs to the existing rules.

(b) Costs to the agency, the State and local governments for the implementation and continuation of the rule: None. The amendments will not add any new costs. There will be no costs to local government because the Commission is the only governmental entity authorized to regulate pari-mutuel harness racing.

(c) The information, including the source(s) of such information and the methodology upon which the cost analysis is based: N/A.

5. Local government mandates: None. The Commission is the only governmental entity authorized to regulate pari-mutuel thoroughbred racing activities.

6. Paperwork: There will be no additional paperwork.

7. Duplication: No relevant rules or other legal requirements of the State and/or Federal government exist that duplicate, overlap or conflict with this rule.

8. Alternatives: The Commission considered and rejected keeping the current rules in place. The proposed rule changes were drafted in consultation with wagering officials at NYRA and are supported by NYRA.

9. Federal standards: There are no minimum standards of the Federal government for this or a similar subject area.

10. Compliance schedule: The Commission believes that regulated persons will be able to achieve compliance with the rule upon adoption of this rule.

A regulatory flexibility analysis for small business and local governments, a rural area flexibility analysis and a job impact statement are not required for this rulemaking proposal because it will not adversely affect small businesses, local governments, rural areas or jobs.

The proposed amendment is a revision to the Commission’s thoroughbred racing rules to enhance interest in the pick-five and pick-six wagers by allowing racetracks to display more information about the wager during the running of the various races.

This rule will not impose an adverse economic impact or reporting, record keeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities. No local government activities are involved.