Regulation of Charitable Gaming Raffles
NY-ADR
3/30/22 N.Y. St. Reg. SGC-13-22-00004-P
NEW YORK STATE REGISTER
VOLUME XLIV, ISSUE 13
March 30, 2022
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SGC-13-22-00004-P
Regulation of Charitable Gaming Raffles
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 Parts 4601, 4602, 4620 and 4624 of Title 9 NYCRR.
Statutory authority:
General Municipal Law, section 188-a(1); Racing, Pari-Mutuel Wagering and Breeding Law, section 104(19)
Subject:
Regulation of charitable gaming raffles.
Purpose:
To conform raffles rules to current statutes and improve operations.
Substance of proposed rule (Full text is posted at the following State website: https://www.gaming.ny.gov/proposedrules.php):
The updates to Parts 4601 and 4602 of Subchapter A and Parts 4620 and 4624 of Subchapter B of Title 9 of the NYCRR will allow the New York State Gaming Commission (“Commission”) to implement various provisions of recent charitable gaming legislation and update various charitable gaming regulations.
Amendment to section 4601.1 eliminates verbatim repetition of statute, instead cross-referencing statutory requirements.
Amendments to section 4602.1 eliminate specific prize-limits, instead cross-reference statutory requirements, eliminate verbatim repetition of statute, delete language that is moved to a new section 4602.10 and make stylistic changes.
A new section 4602.10 contains regulation provisions in regard to penalties for underage participation in raffles. These provisions were formerly contained in section 4602.1(b)(3). This change better organizes the Part.
Amendments to section 4620.22 set forth procedures to apply when an authorized organization seeks to sell raffle tickets or conduct a raffle outside its premises, eliminate specific prize limits and instead cross-reference statutory requirements, eliminate verbatim repetition of statute, add cross-references to controlling statutes and make stylistic and technical changes consistent with other Commission rules.
Amendments to section 4624.1 eliminate specific prize-limits and instead cross-reference statutory requirements and make stylistic and technical changes consistent with other Commission rules.
Amendment to section 4624.3 add cross-references to a controlling statute, eliminate verbatim repetition of statute and make language consistent with such statute and make stylistic and technical changes consistent with other Commission rules.
Amendments to section 4624.8 eliminate certain paperwork requirements for raffles and make stylistic and technical changes consistent with other Commission rules.
Text of proposed rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, 1 Broadway Center, PO Box 7500, Schenectady, NY 12301, (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.
Consensus Rule Making Determination
The adoption of this proposed revision to the charitable gaming rules of the New York State Gaming Commission would eliminate verbatim repetition of statute; eliminate specific prize-limits, instead cross-referencing statutory requirements; reorganize one rule; set forth procedures to apply when an authorized organization seeks to sell raffle tickets or conduct a raffle outside its premises; eliminate certain paperwork requirements; and make stylistic and technical changes consistent with other Commission rules.
Due to the non-controversial nature of this amendment, no person is likely to object to the revisions proposed by this amendment.
Job Impact Statement
A job impact statement is not required for this consensus rulemaking proposal because the proposed amendment will not adversely affect jobs or employment opportunities.
The proposal will make only non-controversial amendments to various aspects of raffles, which must be conducted by bona fide members of authorized organizations, who are not permitted to receive any remuneration for participating in the management or operation of such games.
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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