LBD11768-01-9
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B. TO AUTHORIZE THE NEW YORK STATE GAMING COMMISSION TO PARTICIPATE IN
THE COMPACT.
§ 1114. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "COMPACT COMMISSION" MEANS THE ORGANIZATION OF DELEGATES FROM THE
MEMBER STATES THAT IS AUTHORIZED AND EMPOWERED BY THE COMPACT TO CARRY
OUT THE PURPOSES OF THE COMPACT;
B. "COMPACT RULE" MEANS A RULE OR REGULATION ADOPTED BY A MEMBER STATE
REGULATING THE PERMITTED AND PROHIBITED USE OF DRUGS AND MEDICATIONS FOR
THE HEALTH AND WELFARE OF THE HORSE AND THE INTEGRITY OF RACING, AND
TESTING FOR SUCH SUBSTANCES, IN LIVE PARI-MUTUEL HORSE RACING THAT
OCCURS IN OR AFFECTS SUCH STATES;
C. "DELEGATE" MEANS THE CHAIRPERSON OF THE MEMBER STATE RACING COMMIS-
SION OR SIMILAR REGULATORY BODY IN A STATE, OR SUCH PERSON'S DESIGNEE,
WHO REPRESENTS THE MEMBER STATE, AS A VOTING MEMBER OF THE COMPACT
COMMISSION AND ANYONE WHO IS SERVING AS SUCH PERSON'S ALTERNATE;
D. "EQUINE DRUG RULE" MEANS A RULE OR REGULATION THAT RELATES TO THE
ADMINISTRATION OF DRUGS, MEDICATIONS, OR OTHER SUBSTANCES TO A HORSE
THAT MAY PARTICIPATE IN LIVE HORSE RACING WITH PARI-MUTUEL WAGERING
INCLUDING, BUT NOT LIMITED TO, THE REGULATION OF THE PERMISSIBLE USE OF
SUCH SUBSTANCES TO ENSURE THE INTEGRITY OF RACING AND THE HEALTH, SAFETY
AND WELFARE OF RACE HORSES, APPROPRIATE SANCTIONS FOR RULE VIOLATIONS,
AND QUALITY LABORATORY TESTING PROGRAMS TO DETECT SUCH SUBSTANCES IN THE
BODILY SYSTEM OF A RACE HORSE;
E. "LIVE RACING" MEANS LIVE HORSE RACING WITH PARI-MUTUEL WAGERING;
F. "MEMBER STATE" MEANS EACH STATE THAT HAS ENACTED THE COMPACT;
G. "NATIONAL INDUSTRY STAKEHOLDER" MEANS A NON-GOVERNMENTAL ORGANIZA-
TION THAT FROM A NATIONAL PERSPECTIVE SIGNIFICANTLY REPRESENTS ONE OR
MORE CATEGORIES OF PARTICIPANTS IN LIVE RACING AND PARI-MUTUEL WAGERING;
H. "PARTICIPANTS IN LIVE RACING" MEANS ALL PERSONS WHO PARTICIPATE IN,
OPERATE, PROVIDE INDUSTRY SERVICES FOR, OR ARE INVOLVED WITH LIVE RACING
WITH PARI-MUTUEL WAGERING;
I. "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
J. "STATE RACING COMMISSION" MEANS THE STATE RACING COMMISSION, OR ITS
EQUIVALENT, IN EACH MEMBER STATE. WHERE A MEMBER STATE HAS MORE THAN
ONE, IT SHALL MEAN ALL SUCH RACING COMMISSIONS, OR THEIR EQUIVALENTS.
§ 1115. COMPOSITION AND MEETINGS OF COMPACT COMMISSION. THE MEMBER
STATES SHALL CREATE AND PARTICIPATE IN A COMPACT COMMISSION AS FOLLOWS:
A. THE COMPACT SHALL COME INTO FORCE WHEN ENACTED BY ANY TWO ELIGIBLE
STATES, AND SHALL THEREAFTER BECOME EFFECTIVE AS TO ANY OTHER MEMBER
STATE THAT ENACTS THE COMPACT. ANY STATE THAT HAS ADOPTED OR AUTHORIZED
PARI-MUTUEL WAGERING OR LIVE HORSE RACING SHALL BE ELIGIBLE TO BECOME A
PARTY TO THE COMPACT. A COMPACT RULE SHALL NOT BECOME EFFECTIVE IN A NEW
MEMBER STATE BASED MERELY UPON IT ENTERING THE COMPACT.
B. THE MEMBER STATES HEREBY CREATE THE INTERSTATE ANTI-DOPING AND DRUG
TESTING STANDARDS COMPACT COMMISSION, A BODY CORPORATE AND AN INTERSTATE
GOVERNMENTAL ENTITY OF THE MEMBER STATES, TO COORDINATE THE RULE MAKING
ACTIONS OF EACH MEMBER STATE RACING COMMISSION THROUGH A COMPACT COMMIS-
SION.
C. THE COMPACT COMMISSION SHALL CONSIST OF ONE DELEGATE, THE CHAIR-
PERSON OF THE STATE RACING COMMISSION OR SUCH PERSON'S DESIGNEE, FROM
EACH MEMBER STATE. WHEN A DELEGATE IS NOT PRESENT TO PERFORM ANY DUTY IN
THE COMPACT COMMISSION, A DESIGNATED ALTERNATE MAY SERVE. THE PERSON WHO
REPRESENTS A MEMBER STATE IN THE COMPACT COMMISSION SHALL SERVE AND
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PERFORM SUCH DUTIES WITHOUT COMPENSATION OR REMUNERATION; PROVIDED, THAT
SUBJECT TO THE AVAILABILITY OF BUDGETED FUNDS, EACH MAY BE REIMBURSED
FOR ORDINARY AND NECESSARY COSTS AND EXPENSES. THE DESIGNATION OF A
DELEGATE, INCLUDING THE ALTERNATE, SHALL BE EFFECTIVE WHEN WRITTEN
NOTICE HAS BEEN PROVIDED TO THE COMPACT COMMISSION. THE DELEGATE,
INCLUDING THE ALTERNATE, MUST BE A MEMBER OR EMPLOYEE OF THE STATE
RACING COMMISSION.
D. THE COMPACT DELEGATE FROM EACH STATE SHALL PARTICIPATE AS AN AGENT
OF THE STATE RACING COMMISSION. EACH DELEGATE SHALL HAVE THE ASSISTANCE
OF THE STATE RACING COMMISSION IN REGARD TO ALL DECISION MAKING AND
ACTIONS OF THE STATE IN AND THROUGH THE COMPACT COMMISSION.
E. EACH MEMBER STATE, BY ITS DELEGATE, SHALL BE ENTITLED TO ONE VOTE
IN THE COMPACT COMMISSION. A MAJORITY VOTE OF THE TOTAL NUMBER OF DELEG-
ATES SHALL BE REQUIRED TO PROPOSE A COMPACT RULE, RECEIVE AND DISTRIBUTE
ANY FUNDS, AND TO ADOPT, AMEND, OR RESCIND THE BY-LAWS. A COMPACT RULE
SHALL TAKE EFFECT IN AND FOR EACH MEMBER STATE WHEN ADOPTED BY A SUPER
MAJORITY VOTE OF EIGHTY PERCENT OF THE TOTAL NUMBER OF MEMBER STATES.
OTHER COMPACT ACTIONS SHALL REQUIRE A MAJORITY VOTE OF THE DELEGATES WHO
ARE MEETING.
F. MEETINGS AND VOTES OF THE COMPACT COMMISSION MAY BE CONDUCTED IN
PERSON OR BY TELEPHONE OR OTHER ELECTRONIC COMMUNICATION. MEETINGS MAY
BE CALLED BY THE CHAIRPERSON OF THE COMPACT COMMISSION OR BY ANY TWO
DELEGATES. REASONABLE NOTICE OF EACH MEETING SHALL BE PROVIDED TO ALL
DELEGATES SERVING IN THE COMPACT COMMISSION.
G. NO ACTION MAY BE TAKEN AT A COMPACT COMMISSION MEETING UNLESS THERE
IS A QUORUM, WHICH IS EITHER A MAJORITY OF THE DELEGATES IN THE COMPACT
COMMISSION, OR WHERE APPLICABLE, ALL THE DELEGATES FROM ANY MEMBER
STATES WHO PROPOSE OR ARE VOTING AFFIRMATIVELY TO ADOPT A COMPACT RULE.
H. ONCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN FORCE AND REMAIN
BINDING ACCORDING TO ITS TERMS UPON EACH MEMBER STATE; PROVIDED THAT, A
MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY REPEALING THE STATUTE THAT
ENACTED THE COMPACT INTO LAW. THE RACING COMMISSION OF A WITHDRAWING
STATE SHALL GIVE WRITTEN NOTICE OF SUCH WITHDRAWAL TO THE COMPACT CHAIR-
PERSON, WHO SHALL NOTIFY THE MEMBER STATE RACING COMMISSIONS. A WITH-
DRAWING STATE SHALL REMAIN RESPONSIBLE FOR ANY UNFULFILLED OBLIGATIONS
AND LIABILITIES. THE EFFECTIVE DATE OF WITHDRAWAL FROM THE COMPACT SHALL
BE THE EFFECTIVE DATE OF THE REPEAL.
§ 1116. OPERATION OF COMPACT COMMISSION. THE COMPACT COMMISSION IS
HEREBY GRANTED, SO THAT IT MAY BE AN EFFECTIVE MEANS TO PURSUE AND
ACHIEVE THE PURPOSES OF EACH MEMBER STATE IN THE COMPACT, THE POWER AND
DUTY:
A. TO ADOPT, AMEND, AND RESCIND BY-LAWS TO GOVERN ITS CONDUCT, AS MAY
BE NECESSARY OR APPROPRIATE TO CARRY OUT THE PURPOSES OF THE COMPACT; TO
PUBLISH THEM IN A CONVENIENT FORM; AND TO FILE A COPY OF THEM WITH THE
STATE RACING COMMISSION OF EACH MEMBER STATE;
B. TO ELECT ANNUALLY FROM AMONG THE DELEGATES, INCLUDING ALTERNATES, A
CHAIRPERSON, VICE-CHAIRPERSON, AND TREASURER WITH SUCH AUTHORITY AND
DUTIES AS MAY BE SPECIFIED IN THE BY-LAWS;
C. TO ESTABLISH AND APPOINT COMMITTEES WHICH IT DEEMS NECESSARY FOR
THE CARRYING OUT OF ITS FUNCTIONS, INCLUDING ADVISORY COMMITTEES WHICH
SHALL BE COMPRISED OF NATIONAL INDUSTRY STAKEHOLDERS AND ORGANIZATIONS
AND SUCH OTHER PERSONS AS MAY BE DESIGNATED IN ACCORDANCE WITH THE
BY-LAWS, TO OBTAIN THEIR TIMELY AND MEANINGFUL INPUT INTO THE COMPACT
RULE MAKING PROCESSES;
D. TO ESTABLISH AN EXECUTIVE COMMITTEE, WITH MEMBERSHIP ESTABLISHED IN
THE BY-LAWS, WHICH SHALL OVERSEE THE DAY-TO-DAY ACTIVITIES OF COMPACT
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ADMINISTRATION AND MANAGEMENT BY THE EXECUTIVE DIRECTOR AND STAFF; HIRE
AND FIRE AS MAY BE NECESSARY AFTER CONSULTATION WITH THE COMPACT COMMIS-
SION; ADMINISTER AND ENFORCE COMPLIANCE WITH THE PROVISIONS, BY-LAWS,
AND RULES OF THE COMPACT; AND PERFORM SUCH OTHER DUTIES AS THE BY-LAWS
MAY ESTABLISH;
E. TO CREATE, APPOINT, AND ABOLISH ALL THOSE OFFICES, EMPLOYMENTS, AND
POSITIONS, INCLUDING AN EXECUTIVE DIRECTOR, USEFUL TO FULFILL ITS
PURPOSES;
F. TO DELEGATE DAY-TO-DAY MANAGEMENT AND ADMINISTRATION OF ITS DUTIES,
AS NEEDED, TO AN EXECUTIVE DIRECTOR AND SUPPORT STAFF; AND
G. TO ADOPT AN ANNUAL BUDGET SUFFICIENT TO PROVIDE FOR THE PAYMENT OF
THE REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION, AND ONGOING
ACTIVITIES; PROVIDED, THAT THE BUDGET SHALL BE FUNDED BY ONLY VOLUNTARY
CONTRIBUTIONS.
§ 1117. GENERAL POWERS AND DUTIES. TO ALLOW EACH MEMBER STATE, AS AND
WHEN IT CHOOSES, TO ACHIEVE THE PURPOSE OF THE COMPACT THROUGH JOINT AND
COOPERATIVE ACTION, THE MEMBER STATES ARE HEREBY GRANTED THE POWER AND
DUTY, BY AND THROUGH THE COMPACT COMMISSION:
A. TO ACT JOINTLY AND COOPERATIVELY TO CREATE A MORE EQUITABLE AND
UNIFORM PARI-MUTUEL RACING AND WAGERING INTERSTATE REGULATORY FRAMEWORK
BY THE ADOPTION OF STANDARDIZED RULES FOR THE PERMITTED AND PROHIBITED
USE OF DRUGS AND MEDICATIONS FOR THE HEALTH, AND WELFARE OF THE HORSE
AND THE INTEGRITY OF RACING, INCLUDING RULES GOVERNING THE USE OF DRUGS
AND MEDICATIONS AND DRUG TESTING;
B. TO COLLABORATE WITH NATIONAL INDUSTRY STAKEHOLDERS AND INDUSTRY
ORGANIZATIONS, INCLUDING THE ASSOCIATION OF RACING COMMISSIONERS INTER-
NATIONAL, INC. AND THE RACING MEDICATION AND TESTING CONSORTIUM, IN THE
DESIGN AND IMPLEMENTATION OF COMPACT RULES IN A MANNER THAT SERVES THE
BEST INTERESTS OF RACING; AND
C. TO PROPOSE AND ADOPT BREED SPECIFIC COMPACT EQUINE DRUGS AND MEDI-
CATIONS RULES FOR THE HEALTH, AND WELFARE OF THE HORSE, INCLUDING RULES
GOVERNING THE PERMITTED AND PROHIBITED USE OF DRUGS AND MEDICATIONS AND
DRUG TESTING, WHICH SHALL HAVE THE FORCE AND EFFECT OF STATE RULES OR
REGULATIONS IN THE MEMBER STATES, TO GOVERN LIVE PARI-MUTUEL HORSE
RACING.
§ 1118. OTHER POWERS AND DUTIES. THE COMPACT COMMISSION MAY EXERCISE
SUCH INCIDENTAL POWERS AND DUTIES AS MAY BE NECESSARY AND PROPER FOR IT
TO FUNCTION IN A USEFUL MANNER, INCLUDING BUT NOT LIMITED TO THE POWER
AND DUTY:
A. TO ENTER INTO CONTRACTS AND AGREEMENTS WITH GOVERNMENTAL AGENCIES
AND OTHER PERSONS, INCLUDING OFFICERS AND EMPLOYEES OF A MEMBER STATE,
TO PROVIDE PERSONAL SERVICES FOR ITS ACTIVITIES AND SUCH OTHER SERVICES
AS MAY BE NECESSARY;
B. 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;
C. TO RECEIVE INFORMATION FROM AND TO PROVIDE INFORMATION TO EACH
MEMBER STATE RACING COMMISSION, INCLUDING ITS OFFICERS AND STAFF, ON
SUCH TERMS AND CONDITIONS AS MAY BE ESTABLISHED IN THE BY-LAWS;
D. TO ACQUIRE, HOLD, AND DISPOSE OF ANY REAL OR PERSONAL PROPERTY BY
GIFT, GRANT, PURCHASE, LEASE, LICENSE, AND SIMILAR MEANS AND TO RECEIVE
ADDITIONAL FUNDS THROUGH GIFTS, GRANTS, AND APPROPRIATIONS;
E. WHEN AUTHORIZED BY A COMPACT RULE, TO CONDUCT HEARINGS AND RENDER
REPORTS AND ADVISORY DECISIONS AND ORDERS; AND
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F. TO ESTABLISH IN THE BY-LAWS THE REQUIREMENTS THAT SHALL DESCRIBE
AND GOVERN ITS DUTIES TO CONDUCT OPEN OR PUBLIC MEETINGS AND TO PROVIDE
PUBLIC ACCESS TO COMPACT RECORDS AND INFORMATION.
§ 1119. COMPACT RULE MAKING. IN THE EXERCISE OF ITS RULE MAKING
AUTHORITY, THE COMPACT COMMISSION SHALL:
A. ENGAGE IN FORMAL RULE MAKING PURSUANT TO A PROCESS THAT SUBSTAN-
TIALLY 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;
B. GATHER INFORMATION AND ENGAGE IN DISCUSSIONS WITH ADVISORY COMMIT-
TEES, NATIONAL INDUSTRY STAKEHOLDERS, AND OTHERS, INCLUDING AN OPPORTU-
NITY FOR INDUSTRY ORGANIZATIONS TO SUBMIT INPUT TO MEMBER STATE RACING
COMMISSIONS ON THE STATE LEVEL, TO FOSTER, PROMOTE AND CONDUCT A COLLA-
BORATIVE APPROACH IN THE DESIGN AND ADVANCEMENT OF COMPACT RULES IN A
MANNER THAT SERVES THE BEST INTERESTS OF RACING AND AS ESTABLISHED IN
THE BY-LAWS;
C. DIRECT THE PUBLICATION IN EACH MEMBER STATE OF EACH EQUINE DRUG
RULE PROPOSED BY THE COMPACT COMMISSION, CONDUCT A REVIEW OF PUBLIC
COMMENTS RECEIVED BY EACH MEMBER STATE RACING COMMISSION AND THE COMPACT
COMMISSION IN RESPONSE TO THE PUBLICATION OF ITS RULE MAKING PROPOSALS,
CONSULT WITH NATIONAL INDUSTRY STAKEHOLDERS AND PARTICIPANTS IN LIVE
RACING WITH REGARD TO SUCH PROCESS AND ANY REVISIONS TO THE COMPACT RULE
PROPOSAL, AND MEET UPON THE COMPLETION OF THE PUBLIC COMMENT PERIOD TO
CONDUCT A VOTE ON THE ADOPTION OF THE PROPOSED COMPACT RULE AS A STATE
RULE IN THE MEMBER STATES; AND
D. HAVE A STANDING COMMITTEE THAT REVIEWS AT LEAST QUARTERLY THE
PARTICIPATION IN AND VALUE OF COMPACT RULES AND, WHEN IT DETERMINES THAT
A REVISION IS APPROPRIATE OR WHEN REQUESTED TO BY ANY MEMBER STATE,
SUBMITS A REVISING PROPOSED COMPACT RULE. TO THE EXTENT A REVISION WOULD
ONLY ADD OR REMOVE A MEMBER STATE OR STATES FROM WHERE A COMPACT RULE
HAS BEEN ADOPTED, THE VOTE REQUIRED BY THIS SECTION SHALL BE REQUIRED OF
ONLY SUCH STATE OR STATES. THE STANDING COMMITTEE SHALL GATHER INFORMA-
TION AND ENGAGE IN DISCUSSIONS WITH NATIONAL INDUSTRY STAKEHOLDERS, WHO
MAY ALSO DIRECTLY RECOMMEND A COMPACT RULE PROPOSAL OR REVISION TO THE
COMPACT COMMITTEE.
§ 1120. STATUS AND RELATIONSHIP TO MEMBER STATES. A. THE COMPACT
COMMISSION, AS AN INTERSTATE GOVERNMENTAL ENTITY, SHALL BE EXEMPT FROM
ALL TAXATION IN AND BY THE MEMBER STATES.
B. THE COMPACT COMMISSION SHALL NOT PLEDGE THE CREDIT OF ANY MEMBER
STATE EXCEPT BY AND WITH THE APPROPRIATE LEGAL AUTHORITY OF THAT STATE.
C. EACH MEMBER STATE SHALL REIMBURSE OR OTHERWISE PAY THE EXPENSES OF
ITS DELEGATE, INCLUDING ANY ALTERNATE, IN THE COMPACT COMMISSION.
D. NO MEMBER STATE, EXCEPT AS PROVIDED IN SECTION ELEVEN HUNDRED TWEN-
TY-THREE OF THIS ARTICLE, SHALL BE HELD LIABLE FOR THE DEBTS OR OTHER
FINANCIAL OBLIGATIONS INCURRED BY THE COMPACT COMMISSION.
E. NO MEMBER STATE SHALL HAVE, WHILE IT PARTICIPATES IN THE COMPACT
COMMISSION, ANY CLAIM TO OR OWNERSHIP OF ANY PROPERTY HELD BY OR VESTED
IN THE COMPACT COMMISSION OR TO ANY COMPACT COMMISSION FUNDS HELD PURSU-
ANT TO THE COMPACT EXCEPT FOR STATE LICENSE OR OTHER FEES OR MONEYS
COLLECTED BY THE COMPACT COMMISSION AS ITS AGENT.
F. THE COMPACT DISSOLVES UPON THE DATE OF THE WITHDRAWAL OF THE MEMBER
STATE THAT REDUCES MEMBERSHIP IN THE COMPACT TO ONE STATE. UPON DISSOL-
UTION, THE COMPACT BECOMES NULL AND VOID AND SHALL BE OF NO FURTHER
FORCE OR EFFECT, ALTHOUGH EQUINE DRUG RULES ADOPTED THROUGH THE COMPACT
SHALL REMAIN STATE RULES IN EACH MEMBER STATE THAT HAD ADOPTED THEM, AND
THE BUSINESS AND AFFAIRS OF THE COMPACT SHALL BE CONCLUDED AND ANY
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SURPLUS FUNDS SHALL BE DISTRIBUTED TO THE FORMER MEMBER STATES IN
ACCORDANCE WITH THE BY-LAWS.
§ 1121. RIGHTS AND RESPONSIBILITIES OF MEMBER STATES. A. EACH MEMBER
STATE IN THE COMPACT SHALL ACCEPT THE DECISIONS, DULY APPLICABLE TO IT,
OF THE COMPACT COMMISSION IN REGARD TO COMPACT RULES AND RULE MAKING.
B. THE COMPACT SHALL NOT BE CONSTRUED TO DIMINISH OR LIMIT THE POWERS
AND RESPONSIBILITIES OF THE MEMBER STATE RACING COMMISSION OR SIMILAR
REGULATORY BODY, OR TO INVALIDATE ANY ACTION IT HAS PREVIOUSLY TAKEN,
EXCEPT TO THE EXTENT IT HAS, BY ITS COMPACT DELEGATE, EXPRESSED ITS
CONSENT TO A SPECIFIC RULE OR OTHER ACTION OF THE COMPACT COMMISSION.
THE COMPACT DELEGATE FROM EACH STATE SHALL SERVE AS THE AGENT OF THE
STATE RACING COMMISSION AND SHALL POSSESS SUBSTANTIAL KNOWLEDGE AND
EXPERIENCE AS A REGULATOR OR PARTICIPANT IN THE HORSE RACING INDUSTRY.
§ 1122. ENFORCEMENT OF COMPACT. A. THE COMPACT COMMISSION SHALL HAVE
STANDING TO INTERVENE IN ANY LEGAL ACTION THAT PERTAINS TO THE SUBJECT
MATTER OF THE COMPACT AND MIGHT AFFECT ITS POWERS, DUTIES, OR ACTIONS.
B. THE COURTS AND EXECUTIVE IN EACH MEMBER STATE SHALL ENFORCE THE
COMPACT AND TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE ITS
PURPOSES AND INTENT. COMPACT PROVISIONS, BY-LAWS, AND RULES SHALL BE
RECEIVED BY ALL JUDGES, DEPARTMENTS, AGENCIES, BODIES, AND OFFICERS OF
EACH MEMBER STATE AND ITS POLITICAL SUBDIVISIONS AS EVIDENCE OF THEM.
§ 1123. LEGAL ACTIONS AGAINST COMPACT. A. ANY PERSON MAY COMMENCE A
CLAIM, ACTION, OR PROCEEDING AGAINST THE COMPACT COMMISSION IN STATE
COURT FOR DAMAGES. THE COMPACT COMMISSION SHALL HAVE THE BENEFIT OF THE
SAME LIMITS OF LIABILITY, DEFENSES, RIGHTS TO INDEMNITY AND DEFENSE BY
THE STATE, AND OTHER LEGAL RIGHTS AND DEFENSES FOR NON-COMPACT MATTERS
OF THE STATE RACING COMMISSION IN THE STATE. ALL LEGAL RIGHTS AND
DEFENSES THAT ARISE FROM THE COMPACT SHALL ALSO BE AVAILABLE TO THE
COMPACT COMMISSION.
B. A COMPACT DELEGATE, ALTERNATE, OR OTHER MEMBER OR EMPLOYEE OF A
STATE RACING COMMISSION WHO UNDERTAKES COMPACT ACTIVITIES OR DUTIES DOES
SO IN THE COURSE OF BUSINESS OF THEIR STATE RACING COMMISSION, AND SHALL
HAVE THE BENEFIT OF THE SAME LIMITS OF LIABILITY, DEFENSES, RIGHTS TO
INDEMNITY AND DEFENSE BY THE STATE, AND OTHER LEGAL RIGHTS AND DEFENSES
FOR NON-COMPACT MATTERS OF STATE EMPLOYEES IN THEIR STATE. THE EXECUTIVE
DIRECTOR AND OTHER EMPLOYEES OF THE COMPACT COMMISSION SHALL HAVE THE
BENEFIT OF THESE SAME LEGAL RIGHTS AND DEFENSES OF STATE EMPLOYEES IN
THE MEMBER STATE IN WHICH THEY ARE PRIMARILY EMPLOYED. ALL LEGAL RIGHTS
AND DEFENSES THAT ARISE FROM THE COMPACT SHALL ALSO BE AVAILABLE TO
THEM.
C. EACH MEMBER STATE SHALL BE LIABLE FOR AND PAY JUDGMENTS FILED
AGAINST THE COMPACT COMMISSION TO THE EXTENT RELATED TO ITS PARTIC-
IPATION IN THE COMPACT. WHERE LIABILITY ARISES FROM ACTION UNDERTAKEN
JOINTLY WITH OTHER MEMBER STATES, THE LIABILITY SHALL BE DIVIDED EQUALLY
AMONG THE STATES FOR WHOM THE APPLICABLE ACTION OR OMISSION OF THE EXEC-
UTIVE DIRECTOR OR OTHER EMPLOYEES OF THE COMPACT COMMISSION WAS UNDER-
TAKEN; AND NO MEMBER STATE SHALL CONTRIBUTE TO OR PAY, OR BE JOINTLY OR
SEVERALLY OR OTHERWISE LIABLE FOR, ANY PART OF ANY JUDGMENT BEYOND ITS
SHARE AS DETERMINED IN ACCORDANCE WITH THIS SECTION.
§ 1124. RESTRICTIONS ON AUTHORITY. A. NEW YORK SUBSTANTIVE STATE LAWS
APPLICABLE TO PARI-MUTUEL HORSE RACING AND WAGERING SHALL REMAIN IN FULL
FORCE AND EFFECT.
B. COMPACT RULES SHALL NOT PRECLUDE SUBSEQUENT RULEMAKING IN NEW YORK
STATE ON THE SAME OR RELATED MATTER. THE MOST RECENTLY ADOPTED RULE
SHALL THEREBY BECOME THE GOVERNING LAW.
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C. NEW YORK STATE SHALL NOT PARTICIPATE IN OR APPLY THIS INTERSTATE
COMPACT TO ANY ASPECT OF STANDARDBRED RACING.
§ 1125. CONSTRUCTION, SAVINGS AND SEVERABILITY. A. THE COMPACT SHALL
BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE ITS PURPOSES. THE PROVISIONS
OF THE COMPACT SHALL BE SEVERABLE AND IF ANY PHRASE, CLAUSE, SENTENCE,
OR PROVISION OF THE COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITU-
TION OF THE UNITED STATES OR OF ANY MEMBER STATE, OR THE APPLICABILITY
OF THE COMPACT TO ANY GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS
HELD INVALID, THE VALIDITY OF THE REMAINDER OF THE COMPACT AND ITS
APPLICABILITY TO ANY GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE SHALL
NOT BE AFFECTED. IF ALL OR SOME PORTION OF THE COMPACT IS HELD TO BE
CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT SHALL
REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES AND IN
FULL FORCE AND EFFECT AS TO THE STATE AFFECTED AS TO ALL SEVERABLE
MATTERS.
B. IN THE EVENT OF ANY ALLEGATION, FINDING, OR RULING AGAINST THE
COMPACT OR ITS PROCEDURES OR ACTIONS, PROVIDED THAT A MEMBER STATE HAS
FOLLOWED THE COMPACT'S STATED PROCEDURES, ANY RULE IT PURPORTED TO ADOPT
USING THE PROCEDURES OF THIS STATUTE SHALL CONSTITUTE A DULY ADOPTED AND
VALID STATE RULE.
§ 2. This act shall take effect immediately.