S01976 Summary:

BILL NOS01976
 
SAME ASNo Same As
 
SPONSORADDABBO
 
COSPNSR
 
MLTSPNSR
 
Add 902-a, RWB L
 
Prohibits the use of performance-enhancing drugs in horseracing.
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S01976 Actions:

BILL NOS01976
 
01/18/2019REFERRED TO RACING, GAMING AND WAGERING
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S01976 Committee Votes:

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S01976 Floor Votes:

There are no votes for this bill in this legislative session.
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S01976 Memo:

Memo not available
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S01976 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1976
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 18, 2019
                                       ___________
 
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Racing, Gaming and  Wager-
          ing
 
        AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
          relation to prohibiting the  use  of  performance-enhancing  drugs  in
          horseracing

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The use of performance-enhancing  drugs
     2  in  horseracing  threatens the safety and welfare of horses and jockeys,
     3  creates unfair competition,  deceives  horse  buyers  and  the  wagering
     4  public.  The  use  of  performance-enhancing drugs in horseracing is not
     5  permitted in most jurisdictions outside the United  States.  The  United
     6  States stands alone in its permissive use of performance-enhancing drugs
     7  and  New York is no exception. In New York State the use of performance-
     8  enhancing drugs is illegal in every sport other  than  horseracing.  The
     9  purpose of this legislation is to insure that the use of performance-en-
    10  hancing drugs in horseraces is prohibited in the State of New York.
    11    §  2.  The racing, pari-mutuel wagering and breeding law is amended by
    12  adding a new section 902-a to read as follows:
    13    § 902-a. Prohibitions on use of performance-enhancing drugs. 1.  Defi-
    14  nitions. As used in this section:
    15    (a)  "Accredited third party conformity assessment body" means a test-
    16  ing laboratory that has an accreditation:
    17    (1)   meeting   International   Organization   for    Standardization/
    18  International  Electrotechnical  Commission standard 17025:2005 entitled
    19  'General Requirements for the  Competence  of  Testing  and  Calibration
    20  Laboratories' (or any successor standard);
    21    (2)   from   an   accreditation  body  that  is  a  signatory  to  the
    22  International Laboratory Accreditation  Cooperation  Mutual  Recognition
    23  Arrangement; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06856-01-9

        S. 1976                             2
 
     1    (3)  that  includes testing for performance-enhancing drugs within the
     2  scope of the accreditation.
     3    (b)  "Performance-enhancing  drug"  means  any  substance  capable  of
     4  affecting the performance of a horse at any time by acting on the  nerv-
     5  ous system, cardiovascular system, respiratory system, digestive system,
     6  urinary  system,  reproductive  system,  musculoskeletal  system,  blood
     7  system, immune system (other than licensed vaccines  against  infectious
     8  agents),  or  endocrine  system  of  the horse, including the substances
     9  listed in the Alphabetized Listing of Drugs in the January 2010 revision
    10  of the Association of Racing Commissioners International, Inc., publica-
    11  tion   entitled   "Uniform   Classification   Guidelines   for   Foreign
    12  Substances".
    13    2.  Prohibition on entering horses under the influence of performance-
    14  enhancing drugs in New York state races. A person shall not:
    15    (a) enter a horse in a race in the state of New  York  if  the  person
    16  knows  the horse is under the influence of a performance-enhancing drug;
    17  or
    18    (b) knowingly provide a horse with a performance-enhancing drug if the
    19  horse, while under the influence of the drug, will participate in a race
    20  in the state of New York.
    21    3. Regulations of the host racing association banning  performance-en-
    22  hancing  drugs. A host racing association may not conduct a horserace in
    23  the state of New York unless the host racing association has a policy in
    24  place that:
    25    (a) bans any person from providing a horse with a  performance-enhanc-
    26  ing  drug if the horse will participate in such a horserace in the state
    27  of New York while under the influence of the drug;
    28    (b) bans the racing of a horse in the state of New York that is  under
    29  the influence of a performance-enhancing drug;
    30    (c)  requires,  for  each  horserace in the state of New York, that an
    31  accredited third party conformity assessment body test for  any  perfor-
    32  mance-enhancing  drug  the  first-place  horse in the race and one addi-
    33  tional horse, to be randomly selected from the other horses  participat-
    34  ing in the race;
    35    (d)  requires  the  accredited  third party conformity assessment body
    36  performing tests described in  paragraph  (c)  of  this  subdivision  to
    37  report  any  test results demonstrating that a horse may participate, or
    38  may have participated, in a horserace in the state  of  New  York  while
    39  under  the  influence  of  a  performance-enhancing  drug  to the gaming
    40  commission.
    41    4. Civil penalties. A person that provides  a  horse  with  a  perfor-
    42  mance-enhancing  drug  or  races  a  horse  in  the state of New York in
    43  violation shall be subject to the following civil penalties:
    44    (a) for the first such violation: a civil penalty  of  not  less  than
    45  five  thousand  dollars and suspension for a period of not less than one
    46  hundred eighty days from all activities relating to any horserace in the
    47  state of New York;
    48    (b) for the second such violation: a civil penalty of  not  less  than
    49  twenty thousand dollars and suspension for a period of not less than one
    50  year  from  all activities relating to any horserace in the state of New
    51  York; and
    52    (c) for the third or subsequent such violation: a civil penalty of not
    53  less than fifty thousand  dollars  and  permanent  banishment  from  all
    54  activities relating to any horserace in the state of New York.
    55    5.  Payment  of  civil  penalties.  A  civil penalty imposed under the
    56  provisions of subdivision four of this section  shall  be  paid  to  the

        S. 1976                             3
 
     1  state of New York without regard to whether the imposition of the penal-
     2  ty  results  from  the  initiation  of  a  civil  action pursuant to the
     3  provisions of subdivision nine of this section.
     4    6.  Suspension of horses. A horse that is provided with a performance-
     5  enhancing drug or is raced in violation shall:
     6    (a) for the first such violation, be suspended for  a  period  of  not
     7  less  than  one  hundred eighty days from racing in any horserace in the
     8  state of New York;
     9    (b) for the second such violation, be suspended for a  period  of  not
    10  less  than  one  year  from  racing in any horserace in the state of New
    11  York; and
    12    (c) for the third or subsequent such violation,  be  suspended  for  a
    13  period  of  not  less than two years from racing in any horserace in the
    14  state of New York.
    15    7. Enforcement. Notwithstanding any other provision of law, the gaming
    16  commission shall have the authority to enforce the  provisions  of  this
    17  section.
    18    8. Rulemaking. The gaming commission shall prescribe such rules as may
    19  be necessary to carry out the provisions of this section.
    20    9. Private right of action for certain violations. Notwithstanding any
    21  other  section, in any case in which a person has reason to believe that
    22  an interest of that person is threatened or adversely  affected  by  the
    23  engagement  of another person in a practice that violates a provision of
    24  this section or a rule prescribed under  this  section  the  person  may
    25  bring a civil action in an appropriate court of competent jurisdiction:
    26    (a) to enjoin the practice;
    27    (b) to enforce compliance with the provision or rule;
    28    (c) to enforce the penalties provided for in this subdivision;
    29    (d)  to  obtain  damages  or  restitution,  including  court costs and
    30  reasonable attorney and expert witness fees; and
    31    (e) to obtain such other relief as the court considers appropriate.
    32    § 3. This act shall take effect immediately and  shall  apply  to  all
    33  horseraces occurring on or after such effective date.
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