STATE OF NEW YORK
________________________________________________________________________
8106--A
2019-2020 Regular Sessions
IN ASSEMBLY
June 3, 2019
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Racing and Wagering -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to thoroughbred equine drug testing standards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The racing, pari-mutuel wagering and breeding law is
2 amended by adding a new article 11-A to read as follows:
3 ARTICLE XI-A
4 INTERSTATE COMPACT ON ANTI-DOPING
5 AND DRUG TESTING STANDARDS
6 Section 1113. Purposes.
7 1114. Definitions.
8 1115. Composition and meetings of compact commission.
9 1116. Operation of compact commission.
10 1117. General powers and duties.
11 1118. Other powers and duties.
12 1119. Compact rule making.
13 1120. Status and relationship to member states.
14 1121. Rights and responsibilities of member states.
15 1122. Enforcement of compact.
16 1123. Legal actions against compact.
17 1124. Restrictions on authority.
18 1125. Construction, savings and severability.
19 § 1113. Purposes. The purposes of the compact are:
20 a. To enable member states to act jointly and cooperatively to create
21 more uniform, effective, and efficient breed specific rules and regu-
22 lations relating to the permitted and prohibited use of drugs and medi-
23 cations for the health and welfare of the horse and the integrity of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11768-02-9
A. 8106--A 2
1 thoroughbred racing, and testing for such substances, in or affecting a
2 member state; and
3 b. To authorize the New York state gaming commission to participate in
4 the compact.
5 § 1114. Definitions. For the purposes of this article, the following
6 terms shall have the following meanings:
7 a. "Compact commission" means the organization of delegates from the
8 member states that is authorized and empowered by the compact to carry
9 out the purposes of the compact;
10 b. "Compact rule" means a rule or regulation adopted by a member state
11 regulating the permitted and prohibited use of drugs and medications for
12 the health and welfare of the thoroughbred horse and the integrity of
13 thoroughbred racing, and testing for such substances, in live pari-mutu-
14 el thoroughbred horse racing that occurs in or affects such states;
15 c. "Delegate" means the chairperson of the member state racing commis-
16 sion or similar regulatory body in a state, or such person's designee,
17 who represents the member state, as a voting member of the compact
18 commission and anyone who is serving as such person's alternate;
19 d. "Thoroughbred equine drug rule" means a rule or regulation that
20 relates to the administration of drugs, medications, or other substances
21 to a thoroughbred horse that may participate in live thoroughbred horse
22 racing with pari-mutuel wagering including, but not limited to, the
23 regulation of the permissible use of such substances to ensure the
24 integrity of thoroughbred racing and the health, safety and welfare of
25 thoroughbred race horses, appropriate sanctions for rule violations, and
26 quality laboratory testing programs to detect such substances in the
27 bodily system of a thoroughbred race horse;
28 e. "Live racing" means live thoroughbred horse racing with pari-mutuel
29 wagering;
30 f. "Member state" means each state that has enacted the compact;
31 g. "National industry stakeholder" means a non-governmental organiza-
32 tion that from a national perspective significantly represents one or
33 more categories of participants in live thoroughbred racing and pari-mu-
34 tuel wagering;
35 h. "Participants in live thoroughbred racing" means all persons who
36 participate in, operate, provide industry services for, or are involved
37 with live thoroughbred racing with pari-mutuel wagering;
38 i. "State" means each of the several states of the United States, the
39 District of Columbia, the Commonwealth of Puerto Rico, and each territo-
40 ry or possession of the United States; and
41 j. "State racing commission" means the state racing commission, or its
42 equivalent, in each member state. Where a member state has more than
43 one, it shall mean all such racing commissions, or their equivalents.
44 § 1115. Composition and meetings of compact commission. The member
45 states shall create and participate in a compact commission as follows:
46 a. The compact shall come into force when enacted by any two eligible
47 states, and shall thereafter become effective as to any other member
48 state that enacts the compact. Any state that has adopted or authorized
49 pari-mutuel wagering or live thoroughbred horse racing shall be eligible
50 to become a party to the compact. A compact rule shall not become effec-
51 tive in a new member state based merely upon it entering the compact.
52 b. The member states hereby create the interstate anti-doping and drug
53 testing standards compact commission, a body corporate and an interstate
54 governmental entity of the member states, to coordinate the rule making
55 actions of each member state racing commission through a compact commis-
56 sion.
A. 8106--A 3
1 c. The compact commission shall consist of one delegate, the chair-
2 person of the state racing commission or such person's designee, from
3 each member state. When a delegate is not present to perform any duty in
4 the compact commission, a designated alternate may serve. The person who
5 represents a member state in the compact commission shall serve and
6 perform such duties without compensation or remuneration; provided, that
7 subject to the availability of budgeted funds, each may be reimbursed
8 for ordinary and necessary costs and expenses. The designation of a
9 delegate, including the alternate, shall be effective when written
10 notice has been provided to the compact commission. The delegate,
11 including the alternate, must be a member or employee of the state
12 racing commission.
13 d. The compact delegate from each state shall participate as an agent
14 of the state racing commission. Each delegate shall have the assistance
15 of the state racing commission in regard to all decision making and
16 actions of the state in and through the compact commission.
17 e. Each member state, by its delegate, shall be entitled to one vote
18 in the compact commission. A majority vote of the total number of deleg-
19 ates shall be required to propose a compact rule, receive and distribute
20 any funds, and to adopt, amend, or rescind the by-laws. A compact rule
21 shall take effect in and for each member state when adopted by a super
22 majority vote of eighty percent of the total number of member states.
23 Other compact actions shall require a majority vote of the delegates who
24 are meeting.
25 f. Meetings and votes of the compact commission may be conducted in
26 person or by telephone or other electronic communication. Meetings may
27 be called by the chairperson of the compact commission or by any two
28 delegates. Reasonable notice of each meeting shall be provided to all
29 delegates serving in the compact commission.
30 g. No action may be taken at a compact commission meeting unless there
31 is a quorum, which is either a majority of the delegates in the compact
32 commission, or where applicable, all the delegates from any member
33 states who propose or are voting affirmatively to adopt a compact rule.
34 h. Once effective, the compact shall continue in force and remain
35 binding according to its terms upon each member state; provided that, a
36 member state may withdraw from the compact by repealing the statute that
37 enacted the compact into law. The racing commission of a withdrawing
38 state shall give written notice of such withdrawal to the compact chair-
39 person, who shall notify the member state racing commissions. A with-
40 drawing state shall remain responsible for any unfulfilled obligations
41 and liabilities. The effective date of withdrawal from the compact shall
42 be the effective date of the repeal.
43 § 1116. Operation of compact commission. The compact commission is
44 hereby granted, so that it may be an effective means to pursue and
45 achieve the purposes of each member state in the compact, the power and
46 duty:
47 a. to adopt, amend, and rescind by-laws to govern its conduct, as may
48 be necessary or appropriate to carry out the purposes of the compact; to
49 publish them in a convenient form; and to file a copy of them with the
50 state racing commission of each member state;
51 b. to elect annually from among the delegates, including alternates, a
52 chairperson, vice-chairperson, and treasurer with such authority and
53 duties as may be specified in the by-laws;
54 c. to establish and appoint committees which it deems necessary for
55 the carrying out of its functions, including advisory committees which
56 shall be comprised of national industry stakeholders and organizations
A. 8106--A 4
1 and such other persons as may be designated in accordance with the
2 by-laws, to obtain their timely and meaningful input into the compact
3 rule making processes;
4 d. to establish an executive committee, with membership established in
5 the by-laws, which shall oversee the day-to-day activities of compact
6 administration and management by the executive director and staff; hire
7 and fire as may be necessary after consultation with the compact commis-
8 sion; administer and enforce compliance with the provisions, by-laws,
9 and rules of the compact; and perform such other duties as the by-laws
10 may establish;
11 e. to create, appoint, and abolish all those offices, employments, and
12 positions, including an executive director, useful to fulfill its
13 purposes;
14 f. to delegate day-to-day management and administration of its duties,
15 as needed, to an executive director and support staff; and
16 g. to adopt an annual budget sufficient to provide for the payment of
17 the reasonable expenses of its establishment, organization, and ongoing
18 activities; provided, that the budget shall be funded by only voluntary
19 contributions.
20 § 1117. General powers and duties. To allow each member state, as and
21 when it chooses, to achieve the purpose of the compact through joint and
22 cooperative action, the member states are hereby granted the power and
23 duty, by and through the compact commission:
24 a. to act jointly and cooperatively to create a more equitable and
25 uniform pari-mutuel thoroughbred racing and wagering interstate regula-
26 tory framework by the adoption of standardized rules for the permitted
27 and prohibited use of drugs and medications for the health, and welfare
28 of the thoroughbred horse and the integrity of thoroughbred racing,
29 including rules governing the use of drugs and medications and drug
30 testing; and
31 b. to propose and adopt breed specific compact equine drugs and medi-
32 cations rules for the health, and welfare of the thoroughbred horse,
33 including rules governing the permitted and prohibited use of drugs and
34 medications and drug testing, which shall have the force and effect of
35 state rules or regulations in the member states, to govern live pari-mu-
36 tuel thoroughbred horse racing.
37 § 1118. Other powers and duties. The compact commission may exercise
38 such incidental powers and duties as may be necessary and proper for it
39 to function in a useful manner, including but not limited to the power
40 and duty:
41 a. to enter into contracts and agreements with governmental agencies
42 and other persons, including officers and employees of a member state,
43 to provide personal services for its activities and such other services
44 as may be necessary;
45 b. to borrow, accept, and contract for the services of personnel from
46 any state, federal, or other governmental agency, or from any other
47 person or entity;
48 c. to receive information from and to provide information to each
49 member state racing commission, including its officers and staff, on
50 such terms and conditions as may be established in the by-laws;
51 d. to acquire, hold, and dispose of any real or personal property by
52 gift, grant, purchase, lease, license, and similar means and to receive
53 additional funds through gifts, grants, and appropriations;
54 e. when authorized by a compact rule, to conduct hearings and render
55 reports and advisory decisions and orders; and
A. 8106--A 5
1 f. to establish in the by-laws the requirements that shall describe
2 and govern its duties to conduct open or public meetings and to provide
3 public access to compact records and information.
4 § 1119. Compact rule making. In the exercise of its rule making
5 authority, the compact commission shall:
6 a. engage in formal rule making pursuant to a process that substan-
7 tially conforms to the Model State Administrative Procedure Act of 1981
8 as amended, as may be appropriate to the actions and operations of the
9 compact commission;
10 b. gather information and engage in discussions with advisory commit-
11 tees, national industry stakeholders, and others, including an opportu-
12 nity for industry organizations to submit input to member state racing
13 commissions on the state level, to foster, promote and conduct a colla-
14 borative approach in the design and advancement of compact rules in a
15 manner that serves the best interests of thoroughbred racing and as
16 established in the by-laws;
17 c. direct the publication in each member state of each thoroughbred
18 equine drug rule proposed by the compact commission, conduct a review of
19 public comments received by each member state racing commission and the
20 compact commission in response to the publication of its rule making
21 proposals, consult with national industry stakeholders and participants
22 in live thoroughbred racing with regard to such process and any
23 revisions to the compact rule proposal, and meet upon the completion of
24 the public comment period to conduct a vote on the adoption of the
25 proposed compact rule as a state rule in the member states; and
26 d. have a standing committee that reviews at least quarterly the
27 participation in and value of compact rules and, when it determines that
28 a revision is appropriate or when requested to by any member state,
29 submits a revising proposed compact rule. To the extent a revision would
30 only add or remove a member state or states from where a compact rule
31 has been adopted, the vote required by this section shall be required of
32 only such state or states. The standing committee shall gather informa-
33 tion and engage in discussions with national industry stakeholders, who
34 may also directly recommend a compact rule proposal or revision to the
35 compact committee.
36 § 1120. Status and relationship to member states. a. The compact
37 commission, as an interstate governmental entity, shall be exempt from
38 all taxation in and by the member states.
39 b. The compact commission shall not pledge the credit of any member
40 state except by and with the appropriate legal authority of that state.
41 c. Each member state shall reimburse or otherwise pay the expenses of
42 its delegate, including any alternate, in the compact commission.
43 d. No member state, except as provided in section eleven hundred twen-
44 ty-three of this article, shall be held liable for the debts or other
45 financial obligations incurred by the compact commission.
46 e. No member state shall have, while it participates in the compact
47 commission, any claim to or ownership of any property held by or vested
48 in the compact commission or to any compact commission funds held pursu-
49 ant to the compact except for state license or other fees or moneys
50 collected by the compact commission as its agent.
51 f. The compact dissolves upon the date of the withdrawal of the member
52 state that reduces membership in the compact to one state. Upon dissol-
53 ution, the compact becomes null and void and shall be of no further
54 force or effect, although thoroughbred equine drug rules adopted through
55 the compact shall remain state rules in each member state that had
56 adopted them, and the business and affairs of the compact shall be
A. 8106--A 6
1 concluded and any surplus funds shall be distributed to the former
2 member states in accordance with the by-laws.
3 § 1121. Rights and responsibilities of member states. a. Each member
4 state in the compact shall accept the decisions, duly applicable to it,
5 of the compact commission in regard to compact rules and rule making.
6 b. The compact shall not be construed to diminish or limit the powers
7 and responsibilities of the member state racing commission or similar
8 regulatory body, or to invalidate any action it has previously taken,
9 except to the extent it has, by its compact delegate, expressed its
10 consent to a specific rule or other action of the compact commission.
11 The compact delegate from each state shall serve as the agent of the
12 state racing commission and shall possess substantial knowledge and
13 experience as a regulator or participant in the thoroughbred horse
14 racing industry.
15 § 1122. Enforcement of compact. a. The compact commission shall have
16 standing to intervene in any legal action that pertains to the subject
17 matter of the compact and might affect its powers, duties, or actions.
18 b. The courts and executive in each member state shall enforce the
19 compact and take all actions necessary and appropriate to effectuate its
20 purposes and intent. Compact provisions, by-laws, and rules shall be
21 received by all judges, departments, agencies, bodies, and officers of
22 each member state and its political subdivisions as evidence of them.
23 § 1123. Legal actions against compact. a. Any person may commence a
24 claim, action, or proceeding against the compact commission in state
25 court for damages. The compact commission shall have the benefit of the
26 same limits of liability, defenses, rights to indemnity and defense by
27 the state, and other legal rights and defenses for non-compact matters
28 of the state racing commission in the state. All legal rights and
29 defenses that arise from the compact shall also be available to the
30 compact commission.
31 b. A compact delegate, alternate, or other member or employee of a
32 state racing commission who undertakes compact activities or duties does
33 so in the course of business of their state racing commission, and shall
34 have the benefit of the same limits of liability, defenses, rights to
35 indemnity and defense by the state, and other legal rights and defenses
36 for non-compact matters of state employees in their state. The executive
37 director and other employees of the compact commission shall have the
38 benefit of these same legal rights and defenses of state employees in
39 the member state in which they are primarily employed. All legal rights
40 and defenses that arise from the compact shall also be available to
41 them.
42 c. Each member state shall be liable for and pay judgments filed
43 against the compact commission to the extent related to its partic-
44 ipation in the compact. Where liability arises from action undertaken
45 jointly with other member states, the liability shall be divided equally
46 among the states for whom the applicable action or omission of the exec-
47 utive director or other employees of the compact commission was under-
48 taken; and no member state shall contribute to or pay, or be jointly or
49 severally or otherwise liable for, any part of any judgment beyond its
50 share as determined in accordance with this section.
51 § 1124. Restrictions on authority. a. New York substantive state laws
52 applicable to pari-mutuel thoroughbred horse racing and wagering shall
53 remain in full force and effect.
54 b. Compact rules shall not preclude subsequent rulemaking in New York
55 state on the same or related matter as set forth in section nine hundred
A. 8106--A 7
1 two of this chapter. The most recently adopted rule shall thereby become
2 the governing law.
3 c. New York state shall not participate in or apply this interstate
4 compact to any aspect of standardbred racing.
5 § 1125. Construction, savings and severability. a. The compact shall
6 be liberally construed so as to effectuate its purposes. The provisions
7 of the compact shall be severable and if any phrase, clause, sentence,
8 or provision of the compact is declared to be contrary to the constitu-
9 tion of the United States or of any member state, or the applicability
10 of the compact to any government, agency, person, or circumstance is
11 held invalid, the validity of the remainder of the compact and its
12 applicability to any government, agency, person, or circumstance shall
13 not be affected. If all or some portion of the compact is held to be
14 contrary to the constitution of any member state, the compact shall
15 remain in full force and effect as to the remaining member states and in
16 full force and effect as to the state affected as to all severable
17 matters.
18 b. In the event of any allegation, finding, or ruling against the
19 compact or its procedures or actions, provided that a member state has
20 followed the compact's stated procedures, any rule it purported to adopt
21 using the procedures of this statute shall constitute a duly adopted and
22 valid state rule.
23 § 2. This act shall take effect immediately.
