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A08106 Summary:

BILL NOA08106
 
SAME ASSAME AS S06142
 
SPONSORWoerner
 
COSPNSR
 
MLTSPNSR
 
Add Art 11-A 1113 - 1125, RWB L
 
Relates to equine drug testing standards.
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A08106 Actions:

BILL NOA08106
 
06/03/2019referred to racing and wagering
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A08106 Memo:

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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A08106 Text:



 
                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.
                                                                   LBD11768-01-9

        A. 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 and

        A. 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 compact

        A. 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; and

        A. 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 any

        A. 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.
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