A01605 Summary:

Add Art 11-A §§1113 - 1125, RWB L
Relates to thoroughbred equine drug testing standards.
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A01605 Actions:

01/17/2023referred to racing and wagering
01/03/2024referred to racing and wagering
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A01605 Committee Votes:

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A01605 Floor Votes:

There are no votes for this bill in this legislative session.
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A01605 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Woerner
  TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to thoroughbred equine drug testing standards   PURPOSE: This bill is designed to authorize the New York State Gaming Commission to participate in the Mid-Atlantic Interstate Equine Testing Drug Compact which will promote the streamlined and uniform adoption of model thoroughbred industry medication rules and standards, enhance equine drug testing, and standardize the ability to maintain the integrity of racing and protect the health, safety and welfare of the horse and rider.   SUMMARY OF PROVISIONS: Section 1: adds a new article XI-A to the racing, pari-mutuel wagering and breeding law entitled Interstate Compact on Anti-Doping and Drug Testing Standards. Section 1113. Purposes. Section 1114. Definitions. Section 1115. Composition and meetings of compact commission. Section 1116. Operation of compact commission. Section 1117. General powers and duties. Section 1118. Other powers and duties. Section 1119. Compact rule making. Section 1120. Status and relationship to member states. Section 1121. Rights and responsibilities of member states. Section 1122. Enforcement of compact. Section 1123. Legal actions against compact. Section 1124. Restrictions on authority. Section 1125. Construction, savings and severability. Section 2: establishes the effective date.   JUSTIFICATION: The Mid-Atlantic Interstate Equine Drug Testing Compact was created for the sole and limited purpose of adopting and implementing model thoroughbred industry drug, medication and laboratory testing rules, regulations and procedures in a more streamlined and uniform manner than under current state-by-state practices. New York State is the largest racing jurisdiction within the Mid-Atlantic region that also includes: New Jersey, Pennsylvania, Delaware, Maryland, West Virginia and Virgi- nia. The Mid-Atlantic horsemen compete in each of these states on a daily basis and many may participate daily in more than one state. Uniform rules and practices regarding drugs, medication, horse welfare and drug testing have been identified as having the highest priority for horsemen, regulators and the betting public. Since the issuance of the New York Task Force Report on Racehorse Health and Safety in 2012, New York's Thoroughbred industry has taken a leading role in drug, medica- tion and drug testing reforms. However, under current state regulatory practices, rules, regulations, policies and reforms are proposed and implemented by state racing commissions on a piecemeal and fragmented basis. For example, Pennsylva- nia can adopt recommended model rules quickly "by reference"; Maryland, New Jersey, New York and Delaware adopt by various state administrative law requirements, and West Virginia needs legislation to accomplish the same ends. To further efforts towards regional uniformity, the Mid-At- lantic states have been working jointly since the issuance of the Task Force Report to implement uniform rules and policies. This bill, which needs legislative adoption by each state intending to participate in the Compact, would allow each of the participating states to propose, consider, adopt and implement model rules and policies for thoroughbred racing at the same time. Under the Compact, there will be a Compact Commission, whose sole authority will be to propose, consider and adopt uniform rules and regu- lations relating to thoroughbred equine medication practices and drug testing. Each participating state racing commission will appoint a dele- gate who will represent that state on the Commission. The Compact Commission will only propose for adoption rules that have been studied, considered, proposed and adopted by the national Racing Medication and Testing Consortium (RMTC), the racing industry's scientific arm, and the Association of Racing Commissioners International (ARCI). In this proc- ess, all of the thoroughbred industry stakeholders will have partic- ipated in the rules development process. The Compact will adhere to the requirements of the federal Administrative Procedures Act. The Compact Commission will propose the rule for adoption and publish the rule. The Compact Commission will provide for industry and public comment. The Compact Commission will then determine if the proposed rule needs further study or revision, in which case it will send it back to RMTC and ARCI or, if there is no objection, adopt the rule and set a uniform implementation date for all of the participating states. Adoption will require the affirmative vote of at least 80% of the participating member states, a requirement adopted at the request of the New York Gaming Commission as a protective measure for New York. This legislation has already passed the Maryland and Delaware legisla- tures and has been signed into law. The Compact is authorized to form as a result. This legislation has been introduced in New Jersey and Penn- sylvania and is currently under consideration. The legislation will be introduced in the 2020 West Virginia legislative session. The Compact is already authorized in Virginia.   LEGISLATIVE HISTORY: A.1312 of 2022: Referred to Racing and Wagering. A.8106A of 2020: Referred to Racing and Wagering.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the 180th day.
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A01605 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2023
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Racing and Wagering
        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
    24  thoroughbred  racing, and testing for such substances, in or affecting a
    25  member state; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1605                             2
     1    b. To authorize the New York state gaming commission to participate in
     2  the compact.
     3    §  1114.  Definitions. For the purposes of this article, the following
     4  terms shall have the following meanings:
     5    a. "Compact commission" means the organization of delegates  from  the
     6  member  states  that is authorized and empowered by the compact to carry
     7  out the purposes of the compact;
     8    b. "Compact rule" means a rule or regulation adopted by a member state
     9  regulating the permitted and prohibited use of drugs and medications for
    10  the health and welfare of the thoroughbred horse and  the  integrity  of
    11  thoroughbred racing, and testing for such substances, in live pari-mutu-
    12  el thoroughbred horse racing that occurs in or affects such states;
    13    c. "Delegate" means the chairperson of the member state racing commis-
    14  sion  or  similar regulatory body in a state, or such person's designee,
    15  who represents the member state, as  a  voting  member  of  the  compact
    16  commission and anyone who is serving as such person's alternate;
    17    d.  "Thoroughbred  equine  drug  rule" means a rule or regulation that
    18  relates to the administration of drugs, medications, or other substances
    19  to a thoroughbred horse that may participate in live thoroughbred  horse
    20  racing  with  pari-mutuel  wagering  including,  but not limited to, the
    21  regulation of the permissible use  of  such  substances  to  ensure  the
    22  integrity  of  thoroughbred racing and the health, safety and welfare of
    23  thoroughbred race horses, appropriate sanctions for rule violations, and
    24  quality laboratory testing programs to detect  such  substances  in  the
    25  bodily system of a thoroughbred race horse;
    26    e. "Live racing" means live thoroughbred horse racing with pari-mutuel
    27  wagering;
    28    f. "Member state" means each state that has enacted the compact;
    29    g.  "National industry stakeholder" means a non-governmental organiza-
    30  tion that from a national perspective significantly  represents  one  or
    31  more categories of participants in live thoroughbred racing and pari-mu-
    32  tuel wagering;
    33    h.  "Participants  in  live thoroughbred racing" means all persons who
    34  participate in, operate, provide industry services for, or are  involved
    35  with live thoroughbred racing with pari-mutuel wagering;
    36    i.  "State" means each of the several states of the United States, the
    37  District of Columbia, the Commonwealth of Puerto Rico, and each territo-
    38  ry or possession of the United States; and
    39    j. "State racing commission" means the state racing commission, or its
    40  equivalent, in each member state. Where a member  state  has  more  than
    41  one, it shall mean all such racing commissions, or their equivalents.
    42    §  1115.  Composition  and  meetings of compact commission. The member
    43  states shall create and participate in a compact commission as follows:
    44    a. The compact shall come into force when enacted by any two  eligible
    45  states,  and  shall  thereafter  become effective as to any other member
    46  state that enacts the compact. Any state that has adopted or  authorized
    47  pari-mutuel wagering or live thoroughbred horse racing shall be eligible
    48  to become a party to the compact. A compact rule shall not become effec-
    49  tive in a new member state based merely upon it entering the compact.
    50    b. The member states hereby create the interstate anti-doping and drug
    51  testing standards compact commission, a body corporate and an interstate
    52  governmental  entity of the member states, to coordinate the rule making
    53  actions of each member state racing commission through a compact commis-
    54  sion.
    55    c. The compact commission shall consist of one  delegate,  the  chair-
    56  person  of  the  state racing commission or such person's designee, from

        A. 1605                             3
     1  each member state. When a delegate is not present to perform any duty in
     2  the compact commission, a designated alternate may serve. The person who
     3  represents a member state in the  compact  commission  shall  serve  and
     4  perform such duties without compensation or remuneration; provided, that
     5  subject  to  the  availability of budgeted funds, each may be reimbursed
     6  for ordinary and necessary costs and  expenses.  The  designation  of  a
     7  delegate,  including  the  alternate,  shall  be  effective when written
     8  notice has been  provided  to  the  compact  commission.  The  delegate,
     9  including  the  alternate,  must  be  a  member or employee of the state
    10  racing commission.
    11    d. The compact delegate from each state shall participate as an  agent
    12  of  the state racing commission. Each delegate shall have the assistance
    13  of the state racing commission in regard  to  all  decision  making  and
    14  actions of the state in and through the compact commission.
    15    e.  Each  member state, by its delegate, shall be entitled to one vote
    16  in the compact commission. A majority vote of the total number of deleg-
    17  ates shall be required to propose a compact rule, receive and distribute
    18  any funds, and to adopt, amend, or rescind the by-laws. A  compact  rule
    19  shall  take  effect in and for each member state when adopted by a super
    20  majority vote of eighty percent of the total number  of  member  states.
    21  Other compact actions shall require a majority vote of the delegates who
    22  are meeting.
    23    f.  Meetings  and  votes of the compact commission may be conducted in
    24  person or by telephone or other electronic communication.  Meetings  may
    25  be  called  by  the  chairperson of the compact commission or by any two
    26  delegates.  Reasonable notice of each meeting shall be provided  to  all
    27  delegates serving in the compact commission.
    28    g. No action may be taken at a compact commission meeting unless there
    29  is  a quorum, which is either a majority of the delegates in the compact
    30  commission, or where applicable,  all  the  delegates  from  any  member
    31  states who propose or are voting affirmatively to adopt a compact rule.
    32    h.  Once  effective,  the  compact  shall continue in force and remain
    33  binding according to its terms upon each member state; provided that,  a
    34  member state may withdraw from the compact by repealing the statute that
    35  enacted  the  compact  into  law. The racing commission of a withdrawing
    36  state shall give written notice of such withdrawal to the compact chair-
    37  person, who shall notify the member state racing  commissions.  A  with-
    38  drawing  state  shall remain responsible for any unfulfilled obligations
    39  and liabilities. The effective date of withdrawal from the compact shall
    40  be the effective date of the repeal.
    41    § 1116. Operation of compact commission.  The  compact  commission  is
    42  hereby  granted,  so  that  it  may  be an effective means to pursue and
    43  achieve the purposes of each member state in the compact, the power  and
    44  duty:
    45    a.  to adopt, amend, and rescind by-laws to govern its conduct, as may
    46  be necessary or appropriate to carry out the purposes of the compact; to
    47  publish them in a convenient form; and to file a copy of them  with  the
    48  state racing commission of each member state;
    49    b. to elect annually from among the delegates, including alternates, a
    50  chairperson,  vice-chairperson,  and  treasurer  with such authority and
    51  duties as may be specified in the by-laws;
    52    c. to establish and appoint committees which it  deems  necessary  for
    53  the  carrying  out of its functions, including advisory committees which
    54  shall be comprised of national industry stakeholders  and  organizations
    55  and  such  other  persons  as  may  be designated in accordance with the

        A. 1605                             4
     1  by-laws, to obtain their timely and meaningful input  into  the  compact
     2  rule making processes;
     3    d. to establish an executive committee, with membership established in
     4  the  by-laws,  which  shall oversee the day-to-day activities of compact
     5  administration and management by the executive director and staff;  hire
     6  and fire as may be necessary after consultation with the compact commis-
     7  sion;  administer  and  enforce compliance with the provisions, by-laws,
     8  and rules of the compact; and perform such other duties as  the  by-laws
     9  may establish;
    10    e. to create, appoint, and abolish all those offices, employments, and
    11  positions,  including  an  executive  director,  useful  to  fulfill its
    12  purposes;
    13    f. to delegate day-to-day management and administration of its duties,
    14  as needed, to an executive director and support staff; and
    15    g. to adopt an annual budget sufficient to provide for the payment  of
    16  the  reasonable expenses of its establishment, organization, and ongoing
    17  activities; provided, that the budget shall be funded by only  voluntary
    18  contributions.
    19    §  1117. General powers and duties. To allow each member state, as and
    20  when it chooses, to achieve the purpose of the compact through joint and
    21  cooperative action, the member states are hereby granted the  power  and
    22  duty, by and through the compact commission:
    23    a.  to  act  jointly  and cooperatively to create a more equitable and
    24  uniform pari-mutuel thoroughbred racing and wagering interstate  regula-
    25  tory  framework  by the adoption of standardized rules for the permitted
    26  and prohibited use of drugs and medications for the health, and  welfare
    27  of  the  thoroughbred  horse  and  the integrity of thoroughbred racing,
    28  including rules governing the use of  drugs  and  medications  and  drug
    29  testing; and
    30    b.  to propose and adopt breed specific compact equine drugs and medi-
    31  cations rules for the health, and welfare  of  the  thoroughbred  horse,
    32  including  rules governing the permitted and prohibited use of drugs and
    33  medications and drug testing, which shall have the force and  effect  of
    34  state rules or regulations in the member states, to govern live pari-mu-
    35  tuel thoroughbred horse racing.
    36    §  1118.  Other powers and duties. The compact commission may exercise
    37  such incidental powers and duties as may be necessary and proper for  it
    38  to  function  in a useful manner, including but not limited to the power
    39  and duty:
    40    a. to enter into contracts and agreements with  governmental  agencies
    41  and  other  persons, including officers and employees of a member state,
    42  to provide personal services for its activities and such other  services
    43  as may be necessary;
    44    b.  to borrow, accept, and contract for the services of personnel from
    45  any state, federal, or other governmental  agency,  or  from  any  other
    46  person or entity;
    47    c.  to  receive  information  from  and to provide information to each
    48  member state racing commission, including its  officers  and  staff,  on
    49  such terms and conditions as may be established in the by-laws;
    50    d.  to  acquire, hold, and dispose of any real or personal property by
    51  gift, grant, purchase, lease, license, and similar means and to  receive
    52  additional funds through gifts, grants, and appropriations;
    53    e.  when  authorized by a compact rule, to conduct hearings and render
    54  reports and advisory decisions and orders; and

        A. 1605                             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. 1605                             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. 1605                             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.
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