ny-SGC-39-26-00023-P: 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 statements and analyses may be obtained from: Kristen Buckley, New York State Gaming Commission, 354 Broadway Center, PO Box 7500, Schenectady, NY 12305, (518) 388- 3332, email: gamingrules@gaming.ny.gov 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. Regulatory Impact Statement 1. STATUTORYAUTHORITY: The New York State Gaming Commis- sion (“Commission”) is authorized to promulgate the proposed rule by Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) Sec- tions 104(1) and (19) and 220(1). Subdivision (1) of Section 104 confers upon the Commission general jurisdiction over all gaming activities within the State and over the corporations, associations and persons engaged in such activities. Subdivi- sion (19) of Section 104 authorizes the Commission to promulgate any rules and regulations that it deems necessary to carry out its responsibilities. Subdivision (1) of Section 220 authorizes the Commission to regulate licensing of participants in Thoroughbred racing. 2. LEGISLATIVE OBJECTIVES: To enable the Commission to enhance the integrity and safety of Thoroughbred horse r