ny-ENV-21-26-00002-EP: Licensing of owners in Thoroughbred racing

I.D. No. ENV-21-26-00002-EP. Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained from: Rachel Sysak, Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754, (631) 444-0469, email: rachel.sysak@dec.ny.gov Additional matter required by statute: Pursuant to Article 8 of the ECL, the State Environmental Quality Review Act, a Coastal Assessment Form and a Short Environmental Assessment Form with a negative declaration have been prepared, and are on file with the Department. Revised Regulatory Impact Statement, Regulatory Flexibility Analysis and Job Impact Statement No changes were made to the previously published proposed rule. No public comments were received during the public comment period. No revisions to the previously published RIS, RAFA, RFA, or JIS were made. Initial Review of Rule As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2029, which is no later than the 3rd year af- ter the year in which this rule is being adopted. Assessment of Public Comment The agency received no public comment. 23 Rule MakingActivities New York State Gaming Commission PROPOSED RULE MAKING NO HEARING(S) SCHEDULED Licensing of Owners in Thoroughbred Racing I.D. No. SGC-39-26-00023-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of section 4026.3 of Title 9 NYCRR. Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(1), (19) and 220(1) Subject: Licensing of owners in Thoroughbred racing. Purpose: To establish criteria for licensing horse owners in Thorougbred racing. Text of proposed rule: § 4026.3. Nonmanaging ownership. * * * (b) Nonmanaging owners—licensing. No horse shall be entered or started by such horse’s managing owner that is owned by [35] 20 or [less] fewer owners, unless all of the owners are licensed, or, if owned by more than [35] 20 owners, unless each individual having a [three] five percent or greater property interest is licensed as an owner by the commission. In ad- dition, each such owner that is not an individual must be registered and licensed with the commission, and all such entity’s officers, directors, trustees or other managing individuals must be licensed by the commis- sion unless otherwise directed by the commission. The commission may also require any other individual involved in ownership to be licensed at any time [it] the commission may deem desirable. The commission or the State steward, for good cause, may waive any of such requirements for a race. In no event, however, may a horse start, if the license of any such in- dividual has been denied, suspended or revoked, until the commission is satisfied that any withdrawal of such individual or transfer of such individ- ual’s interest is in good faith. Text of proposed rule and any required st