Authorized By: New Jersey Racing Commission, Frank Zanzuccki, Executive Director

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1 LAW AND PUBLIC SAFETY NEW JERSEY RACING COMMISSION Horse Racing The Pick (N) Proposed Amendment: N.J.A.C. 13: Authorized By: New Jersey Racing Commission, Frank Zanzuccki, Executive Director Authority: N.J.S.A. 5:5-30 Calendar Reference: See Summary below for explanation of exception to calendar requirement Proposal Number: PRN Submit written comment by May 19, 2006 to: The agency proposal follows: Gregory Copsetta, Assistant Director New Jersey Racing Commission P.O. Box 088, 140 East Front Street Trenton, New Jersey Summary The New Jersey Racing Commission (Racing Commission) is interested in obtaining public comment regarding the proposed amendment to N.J.A.C. 13: , The Pick (N). The proposed amendment would allow the Pick (N) races, which require a bettor to select the first-place finishers in each of four or more consecutive races, with the letter (N) representing the number of such races, to include a noncarryover method of payment. The amendment is being proposed due to a notice of petition for rulemaking from Christopher McErlean, Vice- President/General

2 Manager, New Jersey Sports & Exposition Authority, which operates the Meadowlands Racetrack and Monmouth Park (see 37 N.J.R. 2575(b)) and the notice of action on that petition (see 37 N.J.R. 3463(c)). As the rule exists now, the Pick (N) pool is distributed under one of two methods approved by the Commission, both methods mandate that a carryover provision be used when no bettor correctly selects all (N) winners in a Pick (N) event. The first method provides that the net Pick (N) pool and carryover if any, shall be distributed to those bettors who selected the first- place finishers in each of the Pick (N) contests. If no bettor selects the first place finisher in each of the Pick (N) contests, then 25 percent of the net pool is distributed to those bettors that have selected the first-place finisher in the greatest number of Pick (N) races; and the remaining 75 percent of the net pool is added to the carryover. The second method provides that 75 percent of the nt pool and carry over, if any, shall be distributed to those bettors who selected the first-place finisher in each of the Pick (N) contests. The additional 25 percent of the net pool shall be distributed to those bettors who selected the first-place finisher in the greatest number of Pick (N) contests. In the event that no bettor correctly selected the first place finisher of all the Pick (N) contests, then 25 percent of the net pool shall be distributed to those bettors that selected the first- place finisher in the greatest number of Pick (N) contests. The remaining 75 percent shall be added to the carryover. The proposed Pick (N) amendment will allow permit holders a choice to conduct Pick (N) wagering in the above manner, which is currently the method used, or, after Commission approval, use a non-carryover method of pool

3 distribution. A permit holder must request and receive approval from the Commission for a non-carryover method to be attached to a Pick (N) wager. Any changes in the method of pool distribution in the Pick (N) events must receive approval from the Commission prior to enacting the change in the method of pool distribution. The Commission will judge each request on what it deems is in the best interest of racing before granting approval for a change in the method of Pick (N) pool distribution. The non-carryover method requires that bettors must select all (N) firstplace finishers in the Pick (N), or in the event that no tickets have been issued selecting all (N) first- place finishers in a Pick (N) event then the entire Pick (N) Net Pool shall be distributed to those bettors that have correctly chosen the most first place finishers in the races comprising the Pick (N). In addition, throughout the rule, typographical errors in the rendering of Pick (N) are corrected. The Racing Commission is providing a 60-day comment period for the proposal. Therefore, this notice is excepted from the rulemaking calendar requirement in accordance with N.J.A.C. 1:30-3.3(a)5. Social Impact The social impact of the proposed amendment will be positive by allowing permit holders a choice of three methods of pool distribution regarding the Pick (N) events which can be individually based on the clientele attending their venue. A positive impact gained from this amendment will also be realized by the wagering public by providing a more interesting and alternative Pick (N) wager.

4 Economic Impact The proposed amendment will likely have a positive economic impact of the individual bettors of the Pick (N) and the permit holders who offer it. As the Pick (N) payoffs increase in value, more betting interest is evidenced and consequently as bettors have a chance to win a larger amount of money, the permit holders revenues will increase due to the increase in handle into the Pick (N) pool.

5 Federal Standards Statement A Federal standards analysis is not required because the rules of racing are dictated by State statute N.J.S.A. 5:5-22 et seq., and the proposed amendment is not subject to any Federal requirements or standards. Jobs Impact The proposed amendment will not result in the generation or loss of jobs. Agriculture Industry Impact The proposed amendment will have no impact on the agriculture industry in the State. Regulatory Flexibility Statement A regulatory flexibility analysis is not required because the proposed amendment will impose no reporting, recordkeeping or compliance requirements on small businesses as defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The track associations affected by the amendment are not small businesses, as each employs more than 100 people full-time. Smart Growth Impact The proposed amendment will have no impact on the achievement of smart growth or the implementation of the State Development and Redevelopment Plan. Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]): 13: The Pick (N) (a) The [Pick(N)] Pick (N) requires selection of the first- place finishers in each of four or more consecutive races, with the letter (N) representing the number

6 of such races. The association must obtain written approval from the Commission concerning the scheduling of [Pick(N)] Pick (N) events. Any changes to the approved [Pick(N)] Pick (N) format requires prior approval from the Commission. (b) A carry-over, as is relevant to [this section] (c)1 and 2 below, is that percentage of the pool not paid out when no one successfully selects all winning horses in the [Pick(N)] Pick (N). The carry-over amount shall be added to the subsequent [Pick(N)] Pick (N) pool until distributed as a result of the successful selection of all the winning horses. (c) The [Pick(N)] Pick (N) pool shall be distributed under one of the following methods: 1. Method 1. [Pick(N)] Pick (N) with carry-over: the net Pick (N) pool and carry-over, if any, shall be distributed as a single price pool to those who selected the first- place finisher in each of the [Pick(N)] Pick (N) contests, based on the official order of finish. If there are no such wagers, then 25 percent of the net pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of [Pick(N)] Pick (N) races; and the remaining 75 percent of the net pool shall be added to the carry-over. 2. Method 2. [Pick (N)] Pick (N) with minor pool and carry-over: The major of the net [Pick(N)] Pick (N) pool (75 percent) and the carry-over, if any, shall be distributed to those who selected the first- place finisher in each of the [Pick(N)] Pick (N) contests, based on the official order of finish. The minor share of the net [Pick(N)] Pick (N) pool (25 percent) shall be distributed to those who selected the first-place finisher in the second greatest number of [Pick(N)] Pick (N) contests

7 based on the official order of finish. If there are no such wagers selecting the firstplace finisher of all [Pick(N)] Pick (N) contests, the minor share of the net [Pick(N)] Pick (N) pool (25 percent) shall be distributed as a single price pool to those who selected the first place finisher in the greatest number of [Pick(N)] Pick (N) contests based on the official order of finish and major share (75 percent) shall be added to the carry-over. 3. Method 3. Pick (N) with no carry-over: The net Pick (N) pool shall be distributed to those who selected the first- place finisher in each of the Pick (N) contests, based on the official order of finish. If there are no such wagers selecting the first- place finisher of all Pick (N) contests, the entire net pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (N) contests based on the official order of finish. (d) If there is a dead heat for first in any of the [Pick(N)] Pick (N) contests involving contestants representing the same betting interest, the [Pick(N)] Pick (N) pool shall be distributed as if no dead heat occurred. If there is a dead heat for first in any of the [Pick(N)] Pick (N) contests involving contestants representing two or more betting interests, the [Pick(N)] Pick (N) pool shall be distributed as a single price pool with each winning wager receiving an equal share of the net [Pick(N)] Pick (N) pool. (e) The [Pick(N)] Pick (N) pool shall be held entirely separate from all other pools and is not a parlay and is not part of a daily double, exacta, trifecta or other wagering pool. (f) [Pick(N)] Pick (N) tickets shall be sold in not less than $1.00

8 denominations and only from machines capable of issuing four or more numbers. (g) Those horses constituting an entry or a field as defined within the rules of the Commission shall race in any [Pick(N)] Pick (N) race as a single wagering interest for the purpose of [Pick(N)] Pick (N) pari-mutuel pool calculations and payments to the public. A scratch after wagering has begun on any part of an entry or mutuel field in such a race shall be of no effect wiht respect to the status of such entry or field as a viable wagering interest. (h) At any time after wagering begins on a [Pick(N)] Pick (N) pool should a horse, entire betting entry or mutuel field be scratched or declared a non-starter in any [Pick(N)] Pick (N) race, no further tickets selecting such horse betting entry or mutuel field shall be issued, and wagers upon such horse betting entry or mutuel field, for purposes of the [Pick(N)] Pick (N) pool, shall be deemed wagers upon the horse, betting entry or mutuel field upon which the most money has been wagered in the win pool at the close of win pool betting for such race. In the event of a money tie, the tied horse, betting entry or mutuel field with the most inside post position shall be designated. (i) The [Pick(N)] Pick (N) pool shall not be cancelled based upon the number of race cancellations or races being declared no contest, unless the following is true, in which case all [Pick(N)] Pick (N) wagers for the individual performance shall be refunded: (No change.) (j) If, on the last day on which the system of wagering is conducted at a race meeting[,] and Method 1 or Method 2 referred to in (c)1 and 2 above has been

9 selected as the method for pool distribution with carry-over and no bettor selects the winning horse in those designated races, the total amount of the pool which exists on the day in connection with those races shall be paid to the bettor or bettors who selected the largest number of winning horses in those races. (k) If, for any reason, the [Pick(N)] Pick (N) carry-over cannot paid out on the last scheduled day of a race meeting and Method 1 or Method 2 referred to in (c)1 and 2 above has been selected as the method for pool distribution with carryover, the carry-over shall be deposited in an interest bearing account approved by the Commission. The [Pick(N)] Pick (N) carry-over plus accrued interest shall then be added to the net [Pick(N)] Pick (N) pool on a race date determined by the Commission. (l) An association, with the written approval of the Commission, may contribute funds to the net [Pick(N)] Pick (N) pool or the carry-over pool. (m) Should circumstances occur which are not foreseen in this section, questions arising thereby shall be resolved with general pari-mutuel practice. Decisions regarding distribution of [Pick(N)] Pick (N) pools will be final.