|SAME AS||SAME AS S06142|
|Add Art 11-A §§1113 - 1125, RWB L|
|Relates to equine drug testing standards.|
|06/03/2019||referred to racing and wagering|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8106 SPONSOR: Woerner
TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to 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: The racing, pari-mutuel wagering and breeding law is amended by adding a new article XI-A. Section 1113. Purposes. Section 1114. Definitions. Section 1115. Composition and meetings of compact commis- sion. 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.   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-Atlan- tic region that also includes New Jersey, Pennsylvania, Delaware, Mary- land, West Virginia and Virginia. 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, medi- cation, 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, medication 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 (the racing industry's scientific arm), and the Asso- ciation of Racing Commissioners International. In this process, all of the Thoroughbred industry stakeholders will have participated 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: None.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the 180th day.
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STATE OF NEW YORK ________________________________________________________________________ 8106 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 AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to 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 racing, and testing for such substances, in or affecting a member state; 25 and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11768-01-9A. 8106 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 horse and the integrity of racing, and 11 testing for such substances, in live pari-mutuel horse racing that 12 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. "Equine drug rule" means a rule or regulation that relates to the 18 administration of drugs, medications, or other substances to a horse 19 that may participate in live horse racing with pari-mutuel wagering 20 including, but not limited to, the regulation of the permissible use of 21 such substances to ensure the integrity of racing and the health, safety 22 and welfare of race horses, appropriate sanctions for rule violations, 23 and quality laboratory testing programs to detect such substances in the 24 bodily system of a race horse; 25 e. "Live racing" means live horse racing with pari-mutuel wagering; 26 f. "Member state" means each state that has enacted the compact; 27 g. "National industry stakeholder" means a non-governmental organiza- 28 tion that from a national perspective significantly represents one or 29 more categories of participants in live racing and pari-mutuel wagering; 30 h. "Participants in live racing" means all persons who participate in, 31 operate, provide industry services for, or are involved with live racing 32 with pari-mutuel wagering; 33 i. "State" means each of the several states of the United States, the 34 District of Columbia, the Commonwealth of Puerto Rico, and each territo- 35 ry or possession of the United States; and 36 j. "State racing commission" means the state racing commission, or its 37 equivalent, in each member state. Where a member state has more than 38 one, it shall mean all such racing commissions, or their equivalents. 39 § 1115. Composition and meetings of compact commission. The member 40 states shall create and participate in a compact commission as follows: 41 a. The compact shall come into force when enacted by any two eligible 42 states, and shall thereafter become effective as to any other member 43 state that enacts the compact. Any state that has adopted or authorized 44 pari-mutuel wagering or live horse racing shall be eligible to become a 45 party to the compact. A compact rule shall not become effective in a new 46 member state based merely upon it entering the compact. 47 b. The member states hereby create the interstate anti-doping and drug 48 testing standards compact commission, a body corporate and an interstate 49 governmental entity of the member states, to coordinate the rule making 50 actions of each member state racing commission through a compact commis- 51 sion. 52 c. The compact commission shall consist of one delegate, the chair- 53 person of the state racing commission or such person's designee, from 54 each member state. When a delegate is not present to perform any duty in 55 the compact commission, a designated alternate may serve. The person who 56 represents a member state in the compact commission shall serve andA. 8106 3 1 perform such duties without compensation or remuneration; provided, that 2 subject to the availability of budgeted funds, each may be reimbursed 3 for ordinary and necessary costs and expenses. The designation of a 4 delegate, including the alternate, shall be effective when written 5 notice has been provided to the compact commission. The delegate, 6 including the alternate, must be a member or employee of the state 7 racing commission. 8 d. The compact delegate from each state shall participate as an agent 9 of the state racing commission. Each delegate shall have the assistance 10 of the state racing commission in regard to all decision making and 11 actions of the state in and through the compact commission. 12 e. Each member state, by its delegate, shall be entitled to one vote 13 in the compact commission. A majority vote of the total number of deleg- 14 ates shall be required to propose a compact rule, receive and distribute 15 any funds, and to adopt, amend, or rescind the by-laws. A compact rule 16 shall take effect in and for each member state when adopted by a super 17 majority vote of eighty percent of the total number of member states. 18 Other compact actions shall require a majority vote of the delegates who 19 are meeting. 20 f. Meetings and votes of the compact commission may be conducted in 21 person or by telephone or other electronic communication. Meetings may 22 be called by the chairperson of the compact commission or by any two 23 delegates. Reasonable notice of each meeting shall be provided to all 24 delegates serving in the compact commission. 25 g. No action may be taken at a compact commission meeting unless there 26 is a quorum, which is either a majority of the delegates in the compact 27 commission, or where applicable, all the delegates from any member 28 states who propose or are voting affirmatively to adopt a compact rule. 29 h. Once effective, the compact shall continue in force and remain 30 binding according to its terms upon each member state; provided that, a 31 member state may withdraw from the compact by repealing the statute that 32 enacted the compact into law. The racing commission of a withdrawing 33 state shall give written notice of such withdrawal to the compact chair- 34 person, who shall notify the member state racing commissions. A with- 35 drawing state shall remain responsible for any unfulfilled obligations 36 and liabilities. The effective date of withdrawal from the compact shall 37 be the effective date of the repeal. 38 § 1116. Operation of compact commission. The compact commission is 39 hereby granted, so that it may be an effective means to pursue and 40 achieve the purposes of each member state in the compact, the power and 41 duty: 42 a. to adopt, amend, and rescind by-laws to govern its conduct, as may 43 be necessary or appropriate to carry out the purposes of the compact; to 44 publish them in a convenient form; and to file a copy of them with the 45 state racing commission of each member state; 46 b. to elect annually from among the delegates, including alternates, a 47 chairperson, vice-chairperson, and treasurer with such authority and 48 duties as may be specified in the by-laws; 49 c. to establish and appoint committees which it deems necessary for 50 the carrying out of its functions, including advisory committees which 51 shall be comprised of national industry stakeholders and organizations 52 and such other persons as may be designated in accordance with the 53 by-laws, to obtain their timely and meaningful input into the compact 54 rule making processes; 55 d. to establish an executive committee, with membership established in 56 the by-laws, which shall oversee the day-to-day activities of compactA. 8106 4 1 administration and management by the executive director and staff; hire 2 and fire as may be necessary after consultation with the compact commis- 3 sion; administer and enforce compliance with the provisions, by-laws, 4 and rules of the compact; and perform such other duties as the by-laws 5 may establish; 6 e. to create, appoint, and abolish all those offices, employments, and 7 positions, including an executive director, useful to fulfill its 8 purposes; 9 f. to delegate day-to-day management and administration of its duties, 10 as needed, to an executive director and support staff; and 11 g. to adopt an annual budget sufficient to provide for the payment of 12 the reasonable expenses of its establishment, organization, and ongoing 13 activities; provided, that the budget shall be funded by only voluntary 14 contributions. 15 § 1117. General powers and duties. To allow each member state, as and 16 when it chooses, to achieve the purpose of the compact through joint and 17 cooperative action, the member states are hereby granted the power and 18 duty, by and through the compact commission: 19 a. to act jointly and cooperatively to create a more equitable and 20 uniform pari-mutuel racing and wagering interstate regulatory framework 21 by the adoption of standardized rules for the permitted and prohibited 22 use of drugs and medications for the health, and welfare of the horse 23 and the integrity of racing, including rules governing the use of drugs 24 and medications and drug testing; 25 b. to collaborate with national industry stakeholders and industry 26 organizations, including the Association of Racing Commissioners Inter- 27 national, Inc. and the Racing Medication and Testing Consortium, in the 28 design and implementation of compact rules in a manner that serves the 29 best interests of racing; and 30 c. to propose and adopt breed specific compact equine drugs and medi- 31 cations rules for the health, and welfare of the horse, including rules 32 governing the permitted and prohibited use of drugs and medications and 33 drug testing, which shall have the force and effect of state rules or 34 regulations in the member states, to govern live pari-mutuel horse 35 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; andA. 8106 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 racing and as established in 16 the by-laws; 17 c. direct the publication in each member state of each equine drug 18 rule proposed by the compact commission, conduct a review of public 19 comments received by each member state racing commission and the compact 20 commission in response to the publication of its rule making proposals, 21 consult with national industry stakeholders and participants in live 22 racing with regard to such process and any revisions to the compact rule 23 proposal, and meet upon the completion of the public comment period to 24 conduct a vote on the adoption of the proposed compact rule as a state 25 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 equine drug rules adopted through the compact 55 shall remain state rules in each member state that had adopted them, and 56 the business and affairs of the compact shall be concluded and anyA. 8106 6 1 surplus funds shall be distributed to the former member states in 2 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 horse racing industry. 14 § 1122. Enforcement of compact. a. The compact commission shall have 15 standing to intervene in any legal action that pertains to the subject 16 matter of the compact and might affect its powers, duties, or actions. 17 b. The courts and executive in each member state shall enforce the 18 compact and take all actions necessary and appropriate to effectuate its 19 purposes and intent. Compact provisions, by-laws, and rules shall be 20 received by all judges, departments, agencies, bodies, and officers of 21 each member state and its political subdivisions as evidence of them. 22 § 1123. Legal actions against compact. a. Any person may commence a 23 claim, action, or proceeding against the compact commission in state 24 court for damages. The compact commission shall have the benefit of the 25 same limits of liability, defenses, rights to indemnity and defense by 26 the state, and other legal rights and defenses for non-compact matters 27 of the state racing commission in the state. All legal rights and 28 defenses that arise from the compact shall also be available to the 29 compact commission. 30 b. A compact delegate, alternate, or other member or employee of a 31 state racing commission who undertakes compact activities or duties does 32 so in the course of business of their state racing commission, and shall 33 have the benefit of the same limits of liability, defenses, rights to 34 indemnity and defense by the state, and other legal rights and defenses 35 for non-compact matters of state employees in their state. The executive 36 director and other employees of the compact commission shall have the 37 benefit of these same legal rights and defenses of state employees in 38 the member state in which they are primarily employed. All legal rights 39 and defenses that arise from the compact shall also be available to 40 them. 41 c. Each member state shall be liable for and pay judgments filed 42 against the compact commission to the extent related to its partic- 43 ipation in the compact. Where liability arises from action undertaken 44 jointly with other member states, the liability shall be divided equally 45 among the states for whom the applicable action or omission of the exec- 46 utive director or other employees of the compact commission was under- 47 taken; and no member state shall contribute to or pay, or be jointly or 48 severally or otherwise liable for, any part of any judgment beyond its 49 share as determined in accordance with this section. 50 § 1124. Restrictions on authority. a. New York substantive state laws 51 applicable to pari-mutuel horse racing and wagering shall remain in full 52 force and effect. 53 b. Compact rules shall not preclude subsequent rulemaking in New York 54 state on the same or related matter. The most recently adopted rule 55 shall thereby become the governing law.A. 8106 7 1 c. New York state shall not participate in or apply this interstate 2 compact to any aspect of standardbred racing. 3 § 1125. Construction, savings and severability. a. The compact shall 4 be liberally construed so as to effectuate its purposes. The provisions 5 of the compact shall be severable and if any phrase, clause, sentence, 6 or provision of the compact is declared to be contrary to the constitu- 7 tion of the United States or of any member state, or the applicability 8 of the compact to any government, agency, person, or circumstance is 9 held invalid, the validity of the remainder of the compact and its 10 applicability to any government, agency, person, or circumstance shall 11 not be affected. If all or some portion of the compact is held to be 12 contrary to the constitution of any member state, the compact shall 13 remain in full force and effect as to the remaining member states and in 14 full force and effect as to the state affected as to all severable 15 matters. 16 b. In the event of any allegation, finding, or ruling against the 17 compact or its procedures or actions, provided that a member state has 18 followed the compact's stated procedures, any rule it purported to adopt 19 using the procedures of this statute shall constitute a duly adopted and 20 valid state rule. 21 § 2. This act shall take effect immediately.