A. 8183 2
(B) TO FACILITATE THE GROWTH OF THE INDUSTRY BY SIMPLIFYING THE PROC-
ESS OF PARTICIPATING IN LIVE HORSE AND GREYHOUND RACING AND PARI-MUTUEL
WAGERING, IMPROVING THE QUALITY AND INTEGRITY OF RACING AND WAGERING,
MORE EFFECTIVELY REGULATING SIMULCAST AND WAGERING SYSTEMS AND ACTIV-
ITIES, AND THROUGH COOPERATIVE ACTION REDUCING THE COSTS INCURRED BY
EACH PARTY STATE OR PARTICIPANT;
(C) TO AUTHORIZE THE NEW YORK STATE RACING AND WAGERING BOARD TO
PARTICIPATE IN THIS COMPACT;
(D) TO PERMIT OFFICIALS FROM THE PARTY STATES TO PARTICIPATE IN THIS
COMPACT AND, THROUGH THE COMPACT COMMISSION ESTABLISHED BY THIS COMPACT,
TO ENTER INTO CONTRACTS WITH GOVERNMENTAL AGENCIES AND OTHER PERSONS TO
CARRY OUT THE PURPOSES OF THIS COMPACT; AND
(E) TO ESTABLISH THE COMPACT COMMISSION CREATED BY THIS COMPACT AS AN
INTERSTATE GOVERNMENTAL ENTITY DULY AUTHORIZED TO REQUEST AND TO RECEIVE
CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDERAL BUREAU OF INVESTI-
GATION AND FROM STATE, LOCAL, AND FOREIGN LAW ENFORCEMENT AGENCIES.
S 1202. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS HAVE THE FOLLOWING MEANINGS:
(A) "COMPACT COMMISSION" MEANS THE ORGANIZATION OF OFFICIALS FROM THE
PARTY STATES THAT IS AUTHORIZED AND EMPOWERED BY THIS COMPACT TO CARRY
OUT THE PURPOSES OF THIS COMPACT;
(B) "LIVE RACING" MEANS LIVE HORSE OR GREYHOUND RACING WITH PARI-MUTU-
EL WAGERING;
(C) "OFFICIAL" MEANS THE DULY SELECTED MEMBER OR DESIGNEE OF A PARTY
STATE RACING COMMISSION, OR ITS EQUIVALENT, WHO REPRESENTS THE PARTY
STATE AS A MEMBER OF THE COMPACT COMMISSION;
(D) "PARTICIPANTS IN LIVE RACING AND PARI-MUTUEL WAGERING" MEANS ALL
PARTICIPANTS IN LIVE RACING AND PERSONS WHO OPERATE OR ARE INVOLVED WITH
RELATED PARI-MUTUEL WAGERING;
(E) "PARTY STATE" MEANS EACH STATE THAT HAS ENACTED THIS COMPACT;
(F) "STATE" MEANS EACH OF THE SEVERAL STATES OF THE UNITED STATES, THE
DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, AND EACH TERRITO-
RY OR POSSESSION OF THE UNITED STATES; AND
(G) "COMPACT RULE OR REGULATION" MEANS A RULE OR REGULATION ADOPTED BY
THIS INTERSTATE COMPACT TO GOVERN, FOR TWO OR MORE SPECIFIED PARTY
STATES, ANY PART OF LIVE PARI-MUTUEL HORSE AND GREYHOUND RACING OR
PARI-MUTUEL WAGERING ACTIVITIES, WHETHER ON-TRACK OR OFF-TRACK, THAT
OCCUR IN OR AFFECT SUCH STATES.
S 1203. ENTRY INTO FORCE, ELIGIBLE PARTIES, AND WITHDRAWAL. THIS
COMPACT SHALL COME INTO FORCE WHEN ENACTED BY ANY TWO STATES. THEREAFT-
ER, THIS COMPACT SHALL BECOME EFFECTIVE, AS TO ANY OTHER PARTY STATE
THAT ENACTS THIS COMPACT, UPON THE AFFIRMATIVE VOTE OF A MAJORITY OF THE
OFFICIALS ON THE COMPACT COMMISSION.
S 1204. STATES ELIGIBLE TO JOIN COMPACT. ANY STATE THAT HAS ADOPTED OR
AUTHORIZED HORSE OR GREYHOUND RACING WITH PARI-MUTUEL WAGERING SHALL BE
ELIGIBLE TO BECOME A PARTY TO THIS COMPACT.
S 1205. WITHDRAWAL FROM THE COMPACT. ANY PARTY STATE MAY WITHDRAW FROM
THIS COMPACT BY ENACTING A STATUTE REPEALING THIS COMPACT, BUT NO SUCH
WITHDRAWAL SHALL BECOME EFFECTIVE UNTIL THE HEAD OF THE EXECUTIVE BRANCH
OF THE WITHDRAWING STATE HAS GIVEN NOTICE IN WRITING OF SUCH WITHDRAWAL
TO THE HEAD OF THE EXECUTIVE BRANCH OF ALL OTHER PARTY STATES.
S 1206. COMPACT COMMISSION. (A) THERE IS HEREBY CREATED AN INTERSTATE
GOVERNMENTAL ENTITY KNOWN AS THE COMPACT COMMISSION, TO BE COMPRISED OF
ONE OFFICIAL FROM EACH PARTY STATE, WHO SHALL BE SELECTED, SERVE, AND BE
REMOVED IN ACCORDANCE WITH THE LAWS OF THE PARTY STATE. EACH OFFICIAL
SHALL HAVE, PURSUANT TO THE LAWS OF THE PARTY STATE, THE ASSISTANCE OF
A. 8183 3
THE STATE'S RACING COMMISSION, OR ITS EQUIVALENT, IN CONSIDERING ISSUES
RELATED TO THE COMPACT. WHEN AN OFFICIAL IS NOT PRESENT TO PERFORM ANY
DUTY IN THE COMPACT COMMISSION, A DESIGNATED ALTERNATE MAY SERVE
INSTEAD. THE DESIGNATION OF AN OFFICIAL AND ALTERNATE SHALL BE EFFECTIVE
WHEN WRITTEN NOTICE HAS BEEN PROVIDED TO THE COMPACT COMMISSION.
(B) THE CHAIRMAN OF THE RACING AND WAGERING BOARD SHALL, OR HIS OR HER
DESIGNEE, REPRESENT NEW YORK STATE IN THE COMPACT COMMISSION.
S 1207. POWERS AND DUTIES OF COMPACT COMMISSION. THE COMPACT COMMIS-
SION IS HEREBY GRANTED, TO CARRY OUT ITS PURPOSES, THE POWER AND DUTY:
(A) TO CREATE MORE UNIFORM, EFFECTIVE, OR EFFICIENT PRACTICES AND
PROGRAMS, WITH THE CONSENT OF EACH PARTY STATE THAT SHALL PARTICIPATE
THEREIN, RELATING TO ANY PART OF LIVE PARI-MUTUEL HORSE OR GREYHOUND
RACING OR PARI-MUTUEL WAGERING ACTIVITIES, WHETHER ON-TRACK OR
OFF-TRACK, THAT OCCUR IN OR AFFECT A PARTY STATE;
(B) TO ADOPT COMPACT RULES AND REGULATIONS, TO GOVERN ALL OR ANY PART
OF LIVE PARI-MUTUEL HORSE AND GREYHOUND RACING OR PARI-MUTUEL WAGERING
ACTIVITIES, WHICH SHALL SUPERCEDE ANY CONFLICTING STATE RULES OR REGU-
LATIONS IN THE SPECIFIED PARTY STATES;
(C) TO INVESTIGATE LICENSE APPLICANTS AND, AS PERMITTED BY FEDERAL AND
STATE LAW, TO GATHER INFORMATION, INCLUDING CRIMINAL HISTORY RECORDS
FROM THE FEDERAL BUREAU OF INVESTIGATION AND FROM STATE, LOCAL, AND
FOREIGN COUNTRY LAW ENFORCEMENT AGENCIES (INCLUDING THE ROYAL CANADIAN
MOUNTED POLICE), NECESSARY TO DECIDE WHETHER AN APPLICANT MEETS ITS
LICENSE REQUIREMENTS. SUCH CRIMINAL HISTORY RECORD INFORMATION MAY BE
RECEIVED AND REVIEWED ONLY BY THE OFFICIALS ON, AND EMPLOYEES OF, THE
COMPACT COMMISSION, AND THAT INFORMATION MAY BE USED ONLY FOR THE
PURPOSES OF THIS COMPACT. NO SUCH OFFICIAL OR EMPLOYEE MAY DISCLOSE OR
DISSEMINATE SUCH CRIMINAL HISTORY RECORD INFORMATION TO ANY PERSON OR
ENTITY OTHER THAN ANOTHER OFFICIAL ON, OR EMPLOYEE OF, THE COMPACT
COMMISSION. THE COMPACT COMMISSION, ITS EMPLOYEES, OR ITS DESIGNEE SHALL
TAKE THE FINGERPRINTS OF EACH LICENSE APPLICANT AND, PURSUANT TO PUBLIC
LAW 92-544 OR PUBLIC LAW 100-413, FORWARD THE FINGERPRINTS TO A STATE
IDENTIFICATION BUREAU, THE ASSOCIATION OF RACING COMMISSIONERS INTERNA-
TIONAL (AN ASSOCIATION OF STATE OFFICIALS REGULATING PARI-MUTUEL WAGER-
ING, DESIGNATED BY THE ATTORNEY GENERAL OF THE UNITED STATES), OR ANOTH-
ER ENTITY WITH AN EQUIVALENT DESIGNATION, FOR SUBMISSION TO THE FEDERAL
BUREAU OF INVESTIGATION OR OTHER RECEIVING LAW ENFORCEMENT AGENCY;
(D) TO ASSUME ALL OF THE LICENSING AND EMPLOYER DUTIES AND RESPONSI-
BILITIES OF THE INTERSTATE COMPACT ON LICENSURE OF PARTICIPANTS IN LIVE
RACING WITH PARI-MUTUEL WAGERING, IF REQUESTED BY THAT ENTITY, WITH ALL
OF THE AUTHORITY AND PURSUANT TO ALL OF THE LICENSING STANDARDS, LAWS,
RULES AND REGULATIONS APPLICABLE TO THAT ENTITY;
(E) TO ACT JOINTLY AND COOPERATIVELY TO CREATE A MORE EQUITABLE AND
UNIFORM PARI-MUTUEL RACING AND WAGERING INTERSTATE REGULATORY FRAMEWORK,
INCLUDING BUT NOT LIMITED TO THE ADOPTION OF STANDARDIZED RULES OF
RACING AND EQUINE DRUG REGULATIONS, CLOSING INEQUALITIES IN HOW REGULA-
TORY STANDARDS AND STATUTORY REQUIREMENTS APPLY TO INDUSTRY PARTIC-
IPANTS; IMPROVING WAGERING MONITORING AND INTEGRITY; AND MAKING INDUSTRY
AND PARTICIPANT INFORMATION MORE AVAILABLE TO GOVERNMENT OFFICIALS;
(F) TO ENTER INTO CONTRACTS AND AGREEMENTS WITH GOVERNMENTAL AGENCIES
AND OTHER PERSONS TO PROVIDE PERSONAL SERVICES FOR ITS ACTIVITIES, AND
SUCH OTHER SERVICES AS MAY BE NECESSARY;
(G) TO CREATE, APPOINT, AND ABOLISH ALL THOSE OFFICES, EMPLOYMENTS,
AND POSITIONS INCLUDING AN EXECUTIVE DIRECTOR USEFUL TO FULFILL ITS
PURPOSES; TO PRESCRIBE THEIR POWERS, DUTIES, AND QUALIFICATIONS; TO HIRE
PERSONS THEREFOR; AND TO PROVIDE FOR THEIR TERM, TENURE, REMOVAL,
A. 8183 4
COMPENSATION, AND FRINGE AND RETIREMENT BENEFITS, AND OTHER CONDITIONS
OF EMPLOYMENT;
(H) TO BORROW, ACCEPT, AND CONTRACT FOR THE SERVICES OF PERSONNEL FROM
ANY STATE, FEDERAL, OR OTHER GOVERNMENTAL AGENCY, OR FROM ANY OTHER
PERSON OR ENTITY;
(I) TO ACQUIRE, HOLD, AND DISPOSE OF ANY REAL OR PERSONAL PROPERTY BY
GIFT, PURCHASE, LEASE, LICENSE, AND SIMILAR MEANS;
(J) TO CHARGE AND COLLECT A FEE FOR SERVICES PROVIDED BY THE COMPACT,
INCLUDING FOR LICENSURE AND RENEWAL FROM EACH LICENSE APPLICANT AND FOR
DEFRAYING THE ACTUAL COST OF COMPACT COMMISSION ADMINISTRATION, PRAC-
TICES, AND PROGRAMS, PROVIDED THAT SUCH LATTER FEE OR FEES SHALL NOT
EXCEED AN ENTRY FEE OF TEN DOLLARS PER RACE AND SHALL NOT CAUSE A
DISPROPORTIONATE FISCAL COST OR BENEFIT FOR OR WITHIN ANY PARTY STATE;
(K) TO RECEIVE ADDITIONAL FUNDS THROUGH GIFTS, GRANTS, AND APPROPRI-
ATIONS.
S 1208. RULE MAKING. IN THE EXERCISE OF ITS RULE MAKING AUTHORITY, THE
COMPACT COMMISSION:
(A) MAY APPOINT ADVISORY COMMITTEES COMPRISING OFFICIALS IN THE
COMPACT COMMISSION AND OFFICIALS OR OTHER EMPLOYEES OF THEIR RESPECTIVE
STATE RACING COMMISSIONS, INDUSTRY REPRESENTATIVES, AND SUCH OTHER
INTERESTED PERSONS AS MAY BE DESIGNATED IN THE BY-LAWS;
(B) SHALL, BEFORE FORMAL RULE MAKING, WRITE A COMPLETE DRAFT OF EACH
PROPOSED COMPACT RULE OR REGULATION, WHICH SHALL INCLUDE A SPECIFICATION
OF THE PARTY STATES TO WHICH IT SHALL APPLY UPON ITS ADOPTION AFTER
FORMAL RULE MAKING, AND TO WHICH THE UNANIMOUS CONSENT OF EACH SPECIFIED
PARTY STATE MUST BE GIVEN BEFORE FORMAL RULE MAKING MAY BEGIN;
(C) SHALL ENGAGE IN FORMAL RULE MAKING PURSUANT TO A PROCESS THAT
SUBSTANTIALLY CONFORMS TO THE MODEL STATE ADMINISTRATIVE PROCEDURE ACT
OF 1981 AS AMENDED, AS MAY BE APPROPRIATE TO THE ACTIONS AND OPERATIONS
OF THE COMPACT COMMISSION; AND
(D) SHALL HAVE A STANDING COMMITTEE THAT REVIEWS ON AN ANNUAL OR MORE
FREQUENT BASIS THE EFFECT AND VALUE OF EACH ADOPTED COMPACT RULE OR
REGULATION AND SUBMITS, WHEN IT DETERMINES THAT A REVISION IS APPROPRI-
ATE OR WHEN REQUESTED TO BY ANY PARTY STATE, A COMPLETE DRAFT OF A
REVISING PROPOSED COMPACT RULE OR REGULATION. TO THE EXTENT SUCH NEW
PROPOSAL ONLY ADDS OR REMOVES A PARTY STATE OR STATES TO WHICH A COMPACT
RULE OR REGULATION APPLIES, THE CONSENT REQUIRED BY SUBDIVISION (B) OF
THIS SECTION SHALL BE REQUIRED OF ONLY THE STATES BEING ADDED TO OR
REMOVED FROM THE STATES SPECIFIED IN A COMPACT RULE OR REGULATION.
S 1209. LIMITATION ON AUTHORITY. NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, THE COMPACT COMMISSION SHALL NOT ADOPT ANY PRACTICE,
PROGRAM, RULE OR REGULATION THAT CHANGES STATE REGULATORY STANDARDS OR
STATUTORY REQUIREMENTS GOVERNING THE AMOUNT AND DISTRIBUTION OF THE
TAKEOUT, RETENTION, OR BREAKAGES ON INTRASTATE WAGERS OR THAT IMPOSES
LICENSURE REQUIREMENTS FOR NON-RACING OR NON-WAGERING EMPLOYEES OF ANY
RACETRACK OR OFF-SITE WAGERING FACILITY OPERATING WHOLLY WITHIN A PARTY
STATE.
S 1210. VOTING REQUIREMENTS. THE COMPACT COMMISSION SHALL HAVE THE
FOLLOWING VOTING REQUIREMENTS:
(A) EACH OFFICIAL SHALL BE ENTITLED TO ONE VOTE IN THE COMPACT COMMIS-
SION;
(B) THE AFFIRMATIVE VOTE OF THE OFFICIAL OF EVERY PARTY STATE SPECI-
FIED IN A PROPOSED COMPACT RULE OR REGULATION, INCLUDING ANY NEW
PROPOSED RULE OR REGULATION THAT WOULD ADD OR REMOVE A PARTY STATE,
SHALL BE NECESSARY AND SUFFICIENT TO ADOPT, REVISE, AMEND, OR RESCIND A
COMPACT RULE OR REGULATION. A COMPACT PRACTICE, PROGRAM, RULE OR REGU-
A. 8183 5
LATION SHALL NOT BECOME EFFECTIVE IN A NEW PARTY STATE BASED MERELY UPON
IT ENTERING THE COMPACT;
(C) A MAJORITY VOTE OF THE TOTAL NUMBER OF OFFICIALS IN THE COMPACT
COMMISSION SHALL BE REQUIRED TO ADMIT ANOTHER PARTY STATE, TO ISSUE OR
RENEW A LICENSE, AND TO RECEIVE OR DISTRIBUTE ANY FUNDS. A TWO-THIRDS
MAJORITY VOTE OF THE TOTAL NUMBER OF OFFICIALS IN THE COMPACT COMMISSION
SHALL BE REQUIRED TO ADOPT, AMEND, OR RESCIND THE BY-LAWS. ALL OTHER
ACTIONS BY THE COMPACT COMMISSION SHALL REQUIRE A MAJORITY VOTE OF THOSE
OFFICIALS WHO ARE PRESENT FOR THE VOTE; AND
(D) NO ACTION MAY BE TAKEN BY THE COMPACT COMMISSION UNLESS A QUORUM,
A MAJORITY OF THE OFFICIALS ON THE COMPACT COMMISSION, IS PRESENT FOR
THE VOTE.
S 1211. ADMINISTRATION AND MANAGEMENT. THE COMPACT COMMISSION SHALL:
(A) ANNUALLY ELECT, FROM THE OFFICIALS AND ALTERNATES ON THE COMPACT
COMMISSION, A CHAIRMAN, VICE-CHAIRMAN, SECRETARY, AND TREASURER;
(B) ADOPT, AMEND, AND RESCIND BY-LAWS FOR THE CONDUCT OF ITS BUSINESS,
PUBLISH THEM IN A CONVENIENT FORM, AND FILE A COPY OF THEM, AND COMPACT
RULES AND REGULATIONS IN EFFECT IN A STATE, WITH THE SECRETARY OF STATE,
OR ITS EQUIVALENT, OF EACH PARTY STATE; AND
(C) DELEGATE DAY-TO-DAY MANAGEMENT AND ADMINISTRATION OF ITS DUTIES,
AS NEEDED, TO AN EXECUTIVE DIRECTOR AND SUPPORT STAFF, SUCH AS THE ASSO-
CIATION OF RACING COMMISSIONERS INTERNATIONAL OR ITS SUCCESSOR, WHO
SHALL ALL BE CONSIDERED GOVERNMENTAL EMPLOYEES.
S 1212. RIGHTS AND RESPONSIBILITIES OF PARTY STATES. EACH PARTY STATE
IN THE COMPACT SHALL:
(A) ACCEPT THE DECISIONS OF THE COMPACT COMMISSION ON THE CREATION OF
PRACTICES AND PROGRAMS, THE ISSUANCE OR RENEWAL OF LICENSES, AND THE
ADOPTION OF COMPACT RULES OR REGULATIONS, AND SHALL REIMBURSE OR OTHER-
WISE PAY THE EXPENSES OF ITS OFFICIAL AND ALTERNATE IN THE COMPACT
COMMISSION;
(B) NOT TREAT ANY NOTIFICATION OF AN APPLICANT BY THE COMPACT COMMIS-
SION THAT THE APPLICATION WILL NOT BE PROCESSED FURTHER AS THE DENIAL OF
A LICENSE OR OTHERWISE PENALIZE SUCH AN APPLICANT SOLELY BECAUSE OF SUCH
ACTION BY THE COMPACT COMMISSION;
(C) RESERVE THE RIGHT:
(1) TO CHARGE A FEE FOR THE USE OF A COMPACT LICENSE WITHIN THAT PARTY
STATE, FOR WHICH THE RACING AND WAGERING BOARD SHALL CHARGE THE FEE, FOR
EACH LICENSE CATEGORY, SET FORTH IN SECTIONS TWO HUNDRED TWENTY AND
THREE HUNDRED NINE OF THIS CHAPTER;
(2) TO APPLY ITS OWN STANDARDS AND PROCEDURES TO DETERMINE WHETHER A
COMPACT COMMISSION LICENSE SHOULD BE SUSPENDED OR REVOKED IN ITS JURIS-
DICTION;
(3) TO APPLY ITS OWN STANDARDS FOR LICENSURE OR RENEWAL OF STATE
APPLICANTS WHO DO NOT MEET THE LICENSURE REQUIREMENTS OF THE COMPACT
COMMISSION, WHO ARE WITHIN A CATEGORY OF PARTICIPANTS IN RACING AND
WAGERING THAT THE COMPACT COMMISSION DOES NOT LICENSE, OR WHO APPLY TO
THE PARTY STATE FOR A STATE LICENSE;
(4) TO APPLY ITS OWN STANDARDS AND PROCEDURES, UNLESS SUPERCEDED BY A
COMPACT RULE OR REGULATION, TO DETERMINE WHETHER A PARTICIPANT IN LIVE
RACING OR PARI-MUTUEL WAGERING HAS VIOLATED A UNIFORM RULE OR REGULATION
IN ITS JURISDICTION AND TO IMPOSE AN APPROPRIATE PENALTY;
(D) THROUGH ITS RACING COMMISSION OR ITS EQUIVALENT, PROMPTLY NOTIFY
THE COMPACT COMMISSION, OR ITS DESIGNATED PROGRAM TO RECORD THE SAME,
THAT THE PARTY STATE HAS ADJUDGED A VIOLATION OF ANY STATE OR COMPACT
RULE OR REGULATION OR IMPOSED A SUSPENSION OR REVOCATION UPON A COMPACT
COMMISSION LICENSEE; AND
A. 8183 6
(E) NOT BE HELD LIABLE FOR THE DEBTS OR OTHER FINANCIAL OBLIGATIONS
INCURRED BY THE COMPACT COMMISSION.
S 2. This act shall take effect immediately.