§ 4043.13. Other prohibitions.

No person shall, attempt to, or cause, solicit, request, or conspire with another or others to:

(a) use or possess any electrical device, “joint,” “battery,” electric prod, or any other electrical equipment or any mechanical or other appliance not generally accepted as regular racing equipment that can be used to stimulate, depress, goad, spur, retard or condition a horse during a race or during training. The use of ultrasonic, diathermy or other electro/medical equipment is permissible until 24 hours before the [start of a racing program,] scheduled post time of the race in which the horse is to compete, and whirlpool until race time. However, the stewards may bar the possession or use of any specific equipment;

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”) §§ 103(2) and 104(1, 19). Under § 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 § 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 § 104 authorizes the Commission to promulgate any rules and regulations that it deems necessary to carry out its responsibilities.

2. Legislative objectives: To enhance the safety and integrity of pari-mutuel racing.

3. Needs and benefits: This rule making is needed to improve our thoroughbred rules with regard to permitted prerace treatment.

Section 4043.13 of 9 NYCRR currently permits the use of ultrasonic and electro/medical equipment on race day until 24 hours before the start of the race program. On major race dates with additional races and an earlier than normal commencement of the race program, it is difficult for horsepersons to have access to and treat their horses with the ultrasonic and electro/medical equipment before this deadline.

The proposed amendment, which has the endorsement of the New York Thoroughbred Horsemen’s Association, Inc., helps by permitting the equipment to be used until 24 hours before each horse’s scheduled post time. The proposal would change this restricted time period for all races, for simplicity. This change will also conform to the Commission’s medication rules. The 24-hour restricted time periods for substances administered to a horse before racing are based on the scheduled post time of a horse’s race.

There will be no substantial effect on the race performance or integrity of the races the next day.

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. There is no cost to the regulated parties by using independent veterinarians.

(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: There are no similarly practical alternatives.

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 proposal would permit the use of electro/medical equipment treatment of racehorses until 24 hours before post time of a horse’s race, rather than 24 hours before the start of the race program. This change will make it easier for horsemen to have time to treat horses that are entered in later races, particularly on major race days when a large number of races are carded. The amendment would not change the kind of treatments or equipment that are used in horseracing.

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