Amendment of Video Lottery Gaming Regulations
NY-ADR
7/21/21 N.Y. St. Reg. SGC-29-21-00010-P
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 29
July 21, 2021
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SGC-29-21-00010-P
Amendment of Video Lottery Gaming Regulations
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 sections 5100.2, 5103.8, 5104.1, 5109.3, 5112.1, 5112.2, 5112.5, 5113.5, 5116.1, 5116.2, 5116.4, 5116.5, 5116.7, 5116.8, 5116.10, 5116.11, 5118.9, Part 5122; and repeal sections 5112.3 and 5116.3 of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19); Tax Law, section 1617-a
Subject:
Amendment of video lottery gaming regulations.
Purpose:
To amend the video lottery gaming regulations to reflect amendments to Tax Law section 1612.
Substance of proposed rule (Full text is posted at the following State website: https://www.gaming.ny.gov/proposedrules.php):
Proposed changes to Rule 5100.2 would change the definitions of “marketing allowance” and “marketing allowance account” to reflect the amendments to Tax Law 1612. Marketing is now funded out of the vendor’s fee and is not kept in a segregated account. Additionally, some stylistic edits are being proposed.
Proposed changes to Rules 5103.8, 5104.1, and 5109.3 would make stylistic edits to the existing regulations.
Proposed changes to Rules 5112.1, 5112.2, and 5112.5, and the repeal of Rule 5112.3, would make changes to the existing regulations to reflect the amendments to Tax Law 1612. Because marketing is now funded out of the vendor’s fee, a segregated account is no longer necessary. For capital awards, the Commission approves projects and the reimbursement process has been eliminated. The proposed changes reflect this new process. Additionally, some stylistic edits are being proposed.
Proposed changes to Rule 5113.5 would make changes to the potential penalties imposed by the Commission. The changes reflect the amendments to Tax Law 1612. Marketing is now funded out of the vendor’s fee and is not kept in a segregated account. Rule 5113.5(c) will need to be removed because it is no longer a viable potential penalty. Additionally, some stylistic edits are being proposed.
Proposed changes to Rules 5116.1, 5116.2, 5116.4, 5116.5, 5116.7, 5116.8 5116.10, and 5116.11, and the repeal of Rule 5116.3, would make changes to existing regulations to reflect the amendments to Tax Law 1612. Marketing is now funded out of the vendor’s fee and is no longer kept in a segregated account. Video lottery gaming agents no longer receive a marketing allowance. Additionally, some stylistic edits are being proposed.
Proposed changes to Rule 5118.9 will correct a cross reference to Tax Law 1617.
Proposed changes to Part 5122 would make changes to existing regulations to reflect the amendments to Tax Law 1612. For capital awards, the Commission approves projects and the reimbursement process has been eliminated. Some stylistic edits are also being proposed.
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
This proposed rulemaking will amend the New York State Gaming Commission’s video lottery gaming regulations to reflect amendments to Tax Law 1612. The changes are necessary to conform the agency’s regulations to the amendments to Tax Law 1612. Other stylistic changes are proposed. Due to the non-controversial nature of these proposed amendments, no person is likely to object to the proposed revisions.
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 amend the New York State Gaming Commission’s video lottery gaming regulations to reflect amendments to Tax Law 1612 and make other stylistic changes.
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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