NY State Senate Bill 2011-S5887A

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to racing, gaming and wagering
Sep 19, 2011	print number 5887a
Sep 19, 2011	amend and recommit to rules
Sep 14, 2011	referred to rules

Bill Amendments

Original

A (Active)

2011-S5887 - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Add §902-a, RWB L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S835
2015-2016: S3721
2017-2018: S6842
2019-2020: S1976
2021-2022: S1445
2023-2024: S1960

2011-S5887 - Summary

Prohibits the use of performance-enhancing drugs in horseracing.

2011-S5887 - Sponsor Memo

                                BILL NUMBER:S5887

TITLE OF BILL:

An act
to amend the racing, pari-mutuel wagering and breeding law, in
relation to prohibiting the
use of performance-enhancing drugs in horseracing

PURPOSE:

To prohibit the use of any performance enhancing drug, including
LASIX, on horses that participate in horseracing in the State of New
York.

SUMMARY OF PROVISIONS:

Section One of the bill is the Legislative intent to insure that the
use of performance-enhancing drugs in horseraces is prohibited in the
State of New York.

Section Two of the bill adds a new section 902-a to the Racing,
Pari-Mutual Wagering and Breeding Law to prohibit
performance-enhancing drugs in New York State Horseracing.

Definitions

"Accredited third party conformity assessment body" means a testing
laboratory that has accreditation: meeting International Organization
for Standardization/International Electrotechnical standard
17025:2005 entitles "General Requirements for the Competence of
Testing and Calibration Laboratories; from an accreditation body that
is a signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Arrangement and;
includes testing for performance enhancing drugs within the scope of
the accreditation.

"Performance-enhancing drug" means any substance capable of affecting
the performance of a horse at any time by acting on the nervous
system, cardiovascular system, respiratory system, digestive system,
urinary system, reproductive system, musculoskeletal system, blood
system, immune system (other than licensed vaccines against
infectious agents), or endocrine system of
the horse, including the substances listed in the Alphabetized Listing
of Drugs in January 2010 revision of the Association of Racing
Commissioners International, Inc. publication entitles "Uniform
Classification Guidelines for Foreign Substances."

Prohibitions:

A person shall not enter a horse in a race in the State of New York if
the person knows the horse is under the influence of
performance-enhancing drugs;


Knowingly provides a horse with performance-enhancing drugs if the
horse, while under the influence of the drug, will participate in a
race in the State of New York.

A host racing association may not conduct a horserace in the State of
New York unless the host racing association has a policy in place
that: bans any person from providing a horse with
performance-enhancing drugs if the horse will participate in such a
horserace in the State of New York under the influence of the drug;
bans the racing of a horse in the State of New York while under the
influence of the drug; requires for each horserace in the State of
New York that an accredited third party conformity assessment body
test for any performance-enhancing drug the first-place horse in the
race and one additional horse to be randomly selected; requires the
accredited third party conformity assessment body who performed tests
to report positive test results to the New York State Racing and
Wagering Board.

Penalties

A person that provides a horse with performance-enhancing drugs or
races a horse in the State of New York shall be subject to the
following penalties:

First Violation:
Civil penalty of not less than $5,000 dollars and
suspension for a period of not less than 180 days from all activities
related to horseracing in the State of New York.

Second Violation: Civil Penalty of not less
than $20,000 and a
suspension for a period of not less than one year from all activities
related to horseracing in the State of New York.

Third and Subsequent Violations: Civil penalty of not
less than
$50,000 and a permanent banishment from all activities relating to
horseracing in the State of New York

A civil penalty imposed under the provisions shall be paid to the
State of New York without regard to whether the imposition of the
penalty results from the initiation of a civil action.

Suspension of horses

A horse that is provided with a performance enhancing drug or is raced
in violation shall:

First Violation: Be suspended for a period of not less
than 180 days
from racing in any horserace in the State of New York.

Second Violation: Be suspended for a period of not less
than one year
from racing in any horserace in the State of New York


Third Violation and Subsequent Violations: Be suspended
for a period
of not less than two years from racing in any horserace in the State
of New York.

Enforcement

The New York State Office of Gaming, Racing and Wagering shall have
the authority to enforce these provisions.

Rulemaking

The New York State Office of Gaming, Racing and Wagering shall
prescribe such rules as may be necessary to carry out these provisions.

Private Right of Action

In any case in which a person has reason to believe that an interest
of that person is threatened or adversely affected by the engagement
of another person in a practice that violates a provision of this
section or rule prescribed under this section the person may bring a
civil action to appropriate courts to: enjoin the practice; enforce
compliance with the rule; enforce the penalties provided in this
section; obtain damages or restitution, including court costs and
reasonable attorney fees and expert witness fees and obtain other
relief as is appropriate.

EXISTING LAW:

New Section.

JUSTIFICATION:

This legislation will ban the use of performance enhancing drugs,
including the widely overused diuretic Lasix (Furosemide), on any
horse participating in a New York State sanctioned horserace. The
bill also carries stiff fines -- including a permanent ban to those
who violate the law after being found guilty of a third violation.

Lasix is not used outside the United States and for many years New
York was the only horseracing state in the nation that banned Lasix.
In 1995 the New York State Office of Gaming, Racing and Wagering
succumbed to the pressure of the horseracing industry and lifted the
ban in time for the opening day of Belmont Park's fall meet.

In the early 1970's Lasix, a diuretic, was discovered to prevent
the incidence of bleeding in horses.  Many horses,
dubbed "Bleeders," have a tendency to suffer from
nose bleeds. Too many nosebleeds can permanently bar a horse from
racing; ruining the investment made on the horse by its owners. Lasix
was hailed as a miracle drug which allowed Bleeders to run longer and
made thousands of younger horses eligible to compete. Yet many vocal
critics from around the world have maintained that the drug has
weakened the racing breed and cruelly forces horses who have no
business on the racecourse to race to compete. Many of these horses
burn out at a young age - and long before they can enter major races.


LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all
horseraces occurring on or after such effective date.

2011-S5887 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5887

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section  1. Legislative intent. The use of performance-enhancing drugs
in horseracing threatens the safety and welfare of horses  and  jockeys,
creates  unfair  competition,  deceives  horse  buyers  and the wagering
public. The use of performance-enhancing drugs  in  horseracing  is  not
permitted  in  most  jurisdictions outside the United States. The United
States stands alone in its permissive use of performance-enhancing drugs
and New York is no exception. In New York State the use of  performance-
enhancing  drugs  is illegal in every sport other than horseracing.  The
purpose of this legislation is to insure that the use of performance-en-
hancing drugs in horseraces is prohibited in the State of New York.
  S 2. The racing, pari-mutuel wagering and breeding law is  amended  by
adding a new section 902-a to read as follows:
  S 902-A. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A)  "ACCREDITED THIRD PARTY CONFORMITY ASSESSMENT BODY" MEANS A TEST-
ING LABORATORY THAT HAS AN ACCREDITATION:
  (1) MEETING INTERNATIONAL ORGANIZATION FOR STANDARDIZATION/INTERNATIONAL
ELECTROTECHNICAL  COMMISSION  STANDARD  17025:2005   ENTITLED   `GENERAL
REQUIREMENTS FOR THE COMPETENCE OF TESTING AND CALIBRATION LABORATORIES'
(OR ANY SUCCESSOR STANDARD);
  (2)  FROM  AN  ACCREDITATION  BODY THAT IS A SIGNATORY TO THE INTERNA-
TIONAL LABORATORY ACCREDITATION COOPERATION MUTUAL RECOGNITION  ARRANGE-
MENT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13353-01-1

S. 5887                             2

  (3)  THAT  INCLUDES TESTING FOR PERFORMANCE-ENHANCING DRUGS WITHIN THE
SCOPE OF THE ACCREDITATION.
  (B)  "PERFORMANCE-ENHANCING  DRUG"  MEANS  ANY  SUBSTANCE  CAPABLE  OF
AFFECTING THE PERFORMANCE OF A HORSE AT ANY TIME BY ACTING ON THE  NERV-
OUS SYSTEM, CARDIOVASCULAR SYSTEM, RESPIRATORY SYSTEM, DIGESTIVE SYSTEM,
URINARY  SYSTEM,  REPRODUCTIVE  SYSTEM,  MUSCULOSKELETAL  SYSTEM,  BLOOD
SYSTEM, IMMUNE SYSTEM (OTHER THAN LICENSED VACCINES  AGAINST  INFECTIOUS
AGENTS),  OR  ENDOCRINE  SYSTEM  OF  THE HORSE, INCLUDING THE SUBSTANCES
LISTED IN THE ALPHABETIZED LISTING OF DRUGS IN THE JANUARY 2010 REVISION
OF THE ASSOCIATION OF RACING COMMISSIONERS INTERNATIONAL, INC., PUBLICA-
TION   ENTITLED   "UNIFORM   CLASSIFICATION   GUIDELINES   FOR   FOREIGN
SUBSTANCES".
  2.  PROHIBITION ON ENTERING HORSES UNDER THE INFLUENCE OF PERFORMANCE-
ENHANCING DRUGS IN NEW YORK STATE RACES. A PERSON SHALL NOT:
  (A) ENTER A HORSE IN A RACE IN THE STATE OF NEW  YORK  IF  THE  PERSON
KNOWS  THE HORSE IS UNDER THE INFLUENCE OF A PERFORMANCE-ENHANCING DRUG;
OR
  (B) KNOWINGLY PROVIDE A HORSE WITH A PERFORMANCE-ENHANCING DRUG IF THE
HORSE, WHILE UNDER THE INFLUENCE OF THE DRUG, WILL PARTICIPATE IN A RACE
IN THE STATE OF NEW YORK.
  3. REGULATIONS OF THE HOST RACING ASSOCIATION BANNING  PERFORMANCE-EN-
HANCING  DRUGS. A HOST RACING ASSOCIATION MAY NOT CONDUCT A HORSERACE IN
THE STATE OF NEW YORK UNLESS THE HOST RACING ASSOCIATION HAS A POLICY IN
PLACE THAT:
  (A) BANS ANY PERSON FROM PROVIDING A HORSE WITH A  PERFORMANCE-ENHANC-
ING  DRUG IF THE HORSE WILL PARTICIPATE IN SUCH A HORSERACE IN THE STATE
OF NEW YORK WHILE UNDER THE INFLUENCE OF THE DRUG;
  (B) BANS THE RACING OF A HORSE IN THE STATE OF NEW YORK THAT IS  UNDER
THE INFLUENCE OF A PERFORMANCE-ENHANCING DRUG;
  (C)  REQUIRES,  FOR  EACH  HORSERACE IN THE STATE OF NEW YORK, THAT AN
ACCREDITED THIRD PARTY CONFORMITY ASSESSMENT BODY TEST FOR  ANY  PERFOR-
MANCE-ENHANCING  DRUG  THE  FIRST-PLACE  HORSE IN THE RACE AND ONE ADDI-
TIONAL HORSE, TO BE RANDOMLY SELECTED FROM THE OTHER HORSES  PARTICIPAT-
ING IN THE RACE;
  (D)  REQUIRES  THE  ACCREDITED  THIRD PARTY CONFORMITY ASSESSMENT BODY
PERFORMING TESTS DESCRIBED IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION  TO
REPORT  ANY  TEST RESULTS DEMONSTRATING THAT A HORSE MAY PARTICIPATE, OR
MAY HAVE PARTICIPATED, IN A HORSERACE IN THE STATE  OF  NEW  YORK  WHILE
UNDER  THE  INFLUENCE  OF  A  PERFORMANCE-ENHANCING DRUG TO THE NEW YORK
STATE RACING AND WAGERING BOARD.
  4. CIVIL PENALTIES. A PERSON THAT PROVIDES  A  HORSE  WITH  A  PERFOR-
MANCE-ENHANCING  DRUG  OR  RACES  A  HORSE  IN  THE STATE OF NEW YORK IN
VIOLATION SHALL BE SUBJECT TO THE FOLLOWING CIVIL PENALTIES:
  (A) FOR THE FIRST SUCH VIOLATION: A CIVIL PENALTY  OF  NOT  LESS  THAN
FIVE  THOUSAND  DOLLARS AND SUSPENSION FOR A PERIOD OF NOT LESS THAN ONE
HUNDRED EIGHTY DAYS FROM ALL ACTIVITIES RELATING TO ANY HORSERACE IN THE
STATE OF NEW YORK;
  (B) FOR THE SECOND SUCH VIOLATION: A CIVIL PENALTY OF  NOT  LESS  THAN
TWENTY THOUSAND DOLLARS AND SUSPENSION FOR A PERIOD OF NOT LESS THAN ONE
YEAR  FROM  ALL ACTIVITIES RELATING TO ANY HORSERACE IN THE STATE OF NEW
YORK; AND
  (C) FOR THE THIRD OR SUBSEQUENT SUCH VIOLATION: A CIVIL PENALTY OF NOT
LESS THAN FIFTY THOUSAND  DOLLARS  AND  PERMANENT  BANISHMENT  FROM  ALL
ACTIVITIES RELATING TO ANY HORSERACE IN THE STATE OF NEW YORK.
  5.  PAYMENT  OF  CIVIL  PENALTIES.  A  CIVIL PENALTY IMPOSED UNDER THE
PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION  SHALL  BE  PAID  TO  THE

S. 5887                             3

STATE OF NEW YORK WITHOUT REGARD TO WHETHER THE IMPOSITION OF THE PENAL-
TY  RESULTS  FROM  THE  INITIATION  OF  A  CIVIL  ACTION PURSUANT TO THE
PROVISIONS OF SUBDIVISION NINE OF THIS SECTION.
  6.  SUSPENSION OF HORSES. A HORSE THAT IS PROVIDED WITH A PERFORMANCE-
ENHANCING DRUG OR IS RACED IN VIOLATION SHALL:
  (A) FOR THE FIRST SUCH VIOLATION, BE SUSPENDED FOR  A  PERIOD  OF  NOT
LESS  THAN  ONE  HUNDRED EIGHTY DAYS FROM RACING IN ANY HORSERACE IN THE
STATE OF NEW YORK;
  (B) FOR THE SECOND SUCH VIOLATION, BE SUSPENDED FOR A  PERIOD  OF  NOT
LESS  THAN  ONE  YEAR  FROM  RACING IN ANY HORSERACE IN THE STATE OF NEW
YORK; AND
  (C) FOR THE THIRD OR SUBSEQUENT SUCH VIOLATION,  BE  SUSPENDED  FOR  A
PERIOD  OF  NOT  LESS THAN TWO YEARS FROM RACING IN ANY HORSERACE IN THE
STATE OF NEW YORK.
  7. ENFORCEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  NEW
YORK STATE OFFICE OF GAMING, RACING AND WAGERING SHALL HAVE THE AUTHORI-
TY TO ENFORCE THE PROVISIONS OF THIS SECTION.
  8.  RULEMAKING.  THE  NEW  YORK  STATE RACING AND WAGERING BOARD SHALL
PRESCRIBE SUCH RULES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS  OF
THIS SECTION.
  9. PRIVATE RIGHT OF ACTION FOR CERTAIN VIOLATIONS. NOTWITHSTANDING ANY
OTHER  SECTION, IN ANY CASE IN WHICH A PERSON HAS REASON TO BELIEVE THAT
AN INTEREST OF THAT PERSON IS THREATENED OR ADVERSELY  AFFECTED  BY  THE
ENGAGEMENT  OF ANOTHER PERSON IN A PRACTICE THAT VIOLATES A PROVISION OF
THIS SECTION OR A RULE PRESCRIBED UNDER  THIS  SECTION  THE  PERSON  MAY
BRING A CIVIL ACTION IN AN APPROPRIATE COURT OF COMPETENT JURISDICTION:
  (A) TO ENJOIN THE PRACTICE;
  (B) TO ENFORCE COMPLIANCE WITH THE PROVISION OR RULE;
  (C) TO ENFORCE THE PENALTIES PROVIDED FOR IN THIS SUBDIVISION;
  (D)  TO  OBTAIN  DAMAGES  OR  RESTITUTION,  INCLUDING  COURT COSTS AND
REASONABLE ATTORNEY AND EXPERT WITNESS FEES; AND
  (E) TO OBTAIN SUCH OTHER RELIEF AS THE COURT CONSIDERS APPROPRIATE.
  S 3. This act shall take effect immediately and  shall  apply  to  all
horseraces occurring on or after such effective date.

co-Sponsors

2011-S5887A (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Add §902-a, RWB L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S835
2015-2016: S3721
2017-2018: S6842
2019-2020: S1976
2021-2022: S1445
2023-2024: S1960

2011-S5887A (ACTIVE) - Summary

Prohibits the use of performance-enhancing drugs in horseracing.

2011-S5887A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5887A

TITLE OF BILL:
An act
to amend the racing, pari-mutuel wagering and breeding law, in
relation to prohibiting the
use of performance-enhancing drugs in horseracing

PURPOSE:
To prohibit the use of any performance enhancing drug, including
LASIX, on horses that participate in horseracing in the State of New
York.

SUMMARY OF PROVISIONS:
Section One of the bill is the Legislative intent to insure that the
use of performance-enhancing drugs in horseraces is prohibited in the
State of New York.

Section Two of the bill adds a new section 902-a to the Racing,
Pari-Mutual Wagering and Breeding Law to prohibit
performance-enhancing drugs in New York State Horseracing.

Definitions:

"Accredited third party conformity assessment body" means a testing
laboratory that has accreditation: meeting International Organization

for Standardization/International Electrotechnical standard
17025:2005 entitles "General Requirements for the Competence of
Testing and Calibration Laboratories; from an accreditation body that
is a signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Arrangement and;
includes testing for performance enhancing drugs within the scope of
the accreditation.

"Performance-enhancing drug" means any substance capable of affecting
the performance of a horse at any time by acting on the nervous
system, cardiovascular system, respiratory system, digestive system,
urinary system, reproductive system, musculoskeletal system, blood
system, immune system (other than licensed vaccines against
infectious agents), or endocrine system of
the horse, including the substances listed in the Alphabetized Listing
of Drugs in January 2010 revision of the Association of Racing
Commissioners International, Inc. publication entitles "Uniform
Classification Guidelines for Foreign Substances."

Prohibitions:

A person shall not enter a horse in a race in the State of New York if
the person knows the horse is under the influence of
performance-enhancing drugs;

Knowingly provides a horse with performance-enhancing drugs if the
horse, while under the influence of the drug, will participate in a
race in the State of New York.


A host racing association may not conduct a horserace in the State of
New York unless the host racing association has a policy in place
that: bans any person from providing a horse with
performance-enhancing drugs if the horse will participate in such a
horserace in the State of New York under the influence of the drug;
bans the racing of a horse in the State of New York while under the
influence of the drug; requires for each horserace in the State of
New York that an accredited third party conformity assessment body
test for any performance-enhancing drug the first-place horse in the
race and one additional horse to be randomly selected; requires the
accredited third party conformity assessment body who performed tests
to report positive test results to the New York State Racing and
Wagering Board.

Penalties:

A person that provides a horse with performance-enhancing drugs or
races a horse in the State of New York shall be subject to the
following penalties:

First Violation:
Civil penalty of not less than
$5,000 dollars and
suspension for a period of not less than 180 days from all activities
related to horseracing in the State of New York.

Second Violation:
Civil Penalty of not less than $20,000 and a
suspension for a period of not less than one year from all activities
related to horseracing in the State of New York.

Third and Subsequent Violations:
Civil penalty of not less than
$50,000 and a permanent banishment from all activities relating to
horseracing in the State of New York

A civil penalty imposed under the provisions shall be paid to the
State of New York without regard to whether the imposition of the
penalty results from the initiation of a civil action.

Suspension of Horses:

A horse that is provided with a performance enhancing drug or is raced
in violation shall:

First Violation:
Be suspended for a period of not less
than 180 days from racing in any horserace in the State of New York.

Second Violation:
Be suspended for a period of not less than one year
from racing in any horserace in the State of New York

Third Violation and Subsequent Violations:
Be suspended for a period of not less than two years from racing
in any horserace in the State of New York.


Enforcement:

The New York State Racing and Wagering Board shall have the authority
to enforce these provisions.

Rulemaking:

The New York State Racing and Wagering Board shall prescribe such
rules as may be necessary to carry out these provisions.

Private Right of Action:

In any case in which a person has reason to believe that an interest
of that person is threatened or adversely affected by the engagement
of another person in a practice that violates a provision of this
section or rule prescribed under this section the person may bring a
civil action to appropriate courts to: enjoin the practice; enforce
compliance with the rule; enforce the penalties provided in this
section; obtain damages or restitution, including court costs and
reasonable attorney fees and expert witness fees and obtain other
relief as is appropriate.

EXISTING LAW:
New Section.

JUSTIFICATION:
This legislation will ban the use of performance enhancing drugs,
including the widely overused diuretic Lasix (Furosemide), on any
horse participating in a New York State sanctioned horserace. The
bill also carries stiff fines -- including a permanent ban to those
who violate the law after being found guilty of a third violation.

Lasix is not used outside the United States and for many years New
York was the only horseracing state in the nation that banned Lasix.
In 1995 the New York State Racing and Wagering Board succumbed to the
pressure of the horseracing industry and lifted the ban in time for
the opening day of Belmont Park's fall meet

In the early 1970's Lasix, a diuretic, was discovered to prevent the
incidence of bleeding in horses. Many horses, dubbed "Bleeders," have
a tendency to suffer from nose bleeds. Too many nosebleeds can
permanently bar a horse from racing; ruining the investment made on
the horse by its owners. Lasix was hailed as a miracle drug which
allowed Bleeders to run longer and
made thousands of younger horses eligible to compete. Yet many vocal
critics from around the world have maintained that the drug has
weakened the racing breed and cruelly forces horses who have no
business on the racecourse to race to compete. Many of these horses
burn out at a young age - and long before they can enter major races.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Minimal.

LOCAL FISCAL IMPLICATIONS:


Minimal.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all
horseraces occurring on or after such effective date.

2011-S5887A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5887--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. Legislative intent. The use of performance-enhancing  drugs
in  horseracing  threatens the safety and welfare of horses and jockeys,
creates unfair competition,  deceives  horse  buyers  and  the  wagering
public.  The  use  of  performance-enhancing drugs in horseracing is not
permitted in most jurisdictions outside the United  States.  The  United
States stands alone in its permissive use of performance-enhancing drugs
and  New York is no exception. In New York State the use of performance-
enhancing drugs is illegal in every sport other  than  horseracing.  The
purpose of this legislation is to insure that the use of performance-en-
hancing drugs in horseraces is prohibited in the State of New York.
  S  2.  The racing, pari-mutuel wagering and breeding law is amended by
adding a new section 902-a to read as follows:
  S 902-A. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A)  "ACCREDITED THIRD PARTY CONFORMITY ASSESSMENT BODY" MEANS A TEST-
ING LABORATORY THAT HAS AN ACCREDITATION:
  (1)   MEETING   INTERNATIONAL   ORGANIZATION   FOR    STANDARDIZATION/
INTERNATIONAL  ELECTROTECHNICAL  COMMISSION STANDARD 17025:2005 ENTITLED
'GENERAL REQUIREMENTS FOR THE  COMPETENCE  OF  TESTING  AND  CALIBRATION
LABORATORIES' (OR ANY SUCCESSOR STANDARD);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13353-03-1

S. 5887--A                          2

  (2)   FROM   AN   ACCREDITATION  BODY  THAT  IS  A  SIGNATORY  TO  THE
INTERNATIONAL LABORATORY ACCREDITATION  COOPERATION  MUTUAL  RECOGNITION
ARRANGEMENT; AND
  (3)  THAT  INCLUDES TESTING FOR PERFORMANCE-ENHANCING DRUGS WITHIN THE
SCOPE OF THE ACCREDITATION.
  (B)  "PERFORMANCE-ENHANCING  DRUG"  MEANS  ANY  SUBSTANCE  CAPABLE  OF
AFFECTING  THE PERFORMANCE OF A HORSE AT ANY TIME BY ACTING ON THE NERV-
OUS SYSTEM, CARDIOVASCULAR SYSTEM, RESPIRATORY SYSTEM, DIGESTIVE SYSTEM,
URINARY  SYSTEM,  REPRODUCTIVE  SYSTEM,  MUSCULOSKELETAL  SYSTEM,  BLOOD
SYSTEM,  IMMUNE  SYSTEM (OTHER THAN LICENSED VACCINES AGAINST INFECTIOUS
AGENTS), OR ENDOCRINE SYSTEM OF  THE  HORSE,  INCLUDING  THE  SUBSTANCES
LISTED IN THE ALPHABETIZED LISTING OF DRUGS IN THE JANUARY 2010 REVISION
OF THE ASSOCIATION OF RACING COMMISSIONERS INTERNATIONAL, INC., PUBLICA-
TION   ENTITLED   "UNIFORM   CLASSIFICATION   GUIDELINES   FOR   FOREIGN
SUBSTANCES".
  2. PROHIBITION ON ENTERING HORSES UNDER THE INFLUENCE OF  PERFORMANCE-
ENHANCING DRUGS IN NEW YORK STATE RACES. A PERSON SHALL NOT:
  (A)  ENTER  A  HORSE  IN A RACE IN THE STATE OF NEW YORK IF THE PERSON
KNOWS THE HORSE IS UNDER THE INFLUENCE OF A PERFORMANCE-ENHANCING  DRUG;
OR
  (B) KNOWINGLY PROVIDE A HORSE WITH A PERFORMANCE-ENHANCING DRUG IF THE
HORSE, WHILE UNDER THE INFLUENCE OF THE DRUG, WILL PARTICIPATE IN A RACE
IN THE STATE OF NEW YORK.
  3.  REGULATIONS OF THE HOST RACING ASSOCIATION BANNING PERFORMANCE-EN-
HANCING DRUGS. A HOST RACING ASSOCIATION MAY NOT CONDUCT A HORSERACE  IN
THE STATE OF NEW YORK UNLESS THE HOST RACING ASSOCIATION HAS A POLICY IN
PLACE THAT:
  (A)  BANS ANY PERSON FROM PROVIDING A HORSE WITH A PERFORMANCE-ENHANC-
ING DRUG IF THE HORSE WILL PARTICIPATE IN SUCH A HORSERACE IN THE  STATE
OF NEW YORK WHILE UNDER THE INFLUENCE OF THE DRUG;
  (B)  BANS THE RACING OF A HORSE IN THE STATE OF NEW YORK THAT IS UNDER
THE INFLUENCE OF A PERFORMANCE-ENHANCING DRUG;
  (C) REQUIRES, FOR EACH HORSERACE IN THE STATE OF  NEW  YORK,  THAT  AN
ACCREDITED  THIRD  PARTY CONFORMITY ASSESSMENT BODY TEST FOR ANY PERFOR-
MANCE-ENHANCING DRUG THE FIRST-PLACE HORSE IN THE  RACE  AND  ONE  ADDI-
TIONAL  HORSE, TO BE RANDOMLY SELECTED FROM THE OTHER HORSES PARTICIPAT-
ING IN THE RACE;
  (D) REQUIRES THE ACCREDITED THIRD  PARTY  CONFORMITY  ASSESSMENT  BODY
PERFORMING  TESTS  DESCRIBED  IN  PARAGRAPH  (C)  OF THIS SUBDIVISION TO
REPORT ANY TEST RESULTS DEMONSTRATING THAT A HORSE MAY  PARTICIPATE,  OR
MAY  HAVE  PARTICIPATED,  IN  A HORSERACE IN THE STATE OF NEW YORK WHILE
UNDER THE INFLUENCE OF A PERFORMANCE-ENHANCING  DRUG  TO  THE  NEW  YORK
STATE RACING AND WAGERING BOARD.
  4.  CIVIL  PENALTIES.  A  PERSON  THAT PROVIDES A HORSE WITH A PERFOR-
MANCE-ENHANCING DRUG OR RACES A HORSE  IN  THE  STATE  OF  NEW  YORK  IN
VIOLATION SHALL BE SUBJECT TO THE FOLLOWING CIVIL PENALTIES:
  (A)  FOR  THE  FIRST  SUCH VIOLATION: A CIVIL PENALTY OF NOT LESS THAN
FIVE THOUSAND DOLLARS AND SUSPENSION FOR A PERIOD OF NOT LESS  THAN  ONE
HUNDRED EIGHTY DAYS FROM ALL ACTIVITIES RELATING TO ANY HORSERACE IN THE
STATE OF NEW YORK;
  (B)  FOR  THE  SECOND SUCH VIOLATION: A CIVIL PENALTY OF NOT LESS THAN
TWENTY THOUSAND DOLLARS AND SUSPENSION FOR A PERIOD OF NOT LESS THAN ONE
YEAR FROM ALL ACTIVITIES RELATING TO ANY HORSERACE IN THE STATE  OF  NEW
YORK; AND

S. 5887--A                          3

  (C) FOR THE THIRD OR SUBSEQUENT SUCH VIOLATION: A CIVIL PENALTY OF NOT
LESS  THAN  FIFTY  THOUSAND  DOLLARS  AND  PERMANENT BANISHMENT FROM ALL
ACTIVITIES RELATING TO ANY HORSERACE IN THE STATE OF NEW YORK.
  5.  PAYMENT  OF  CIVIL  PENALTIES.  A  CIVIL PENALTY IMPOSED UNDER THE
PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION  SHALL  BE  PAID  TO  THE
STATE OF NEW YORK WITHOUT REGARD TO WHETHER THE IMPOSITION OF THE PENAL-
TY  RESULTS  FROM  THE  INITIATION  OF  A  CIVIL  ACTION PURSUANT TO THE
PROVISIONS OF SUBDIVISION NINE OF THIS SECTION.
  6. SUSPENSION OF HORSES. A HORSE THAT IS PROVIDED WITH A  PERFORMANCE-
ENHANCING DRUG OR IS RACED IN VIOLATION SHALL:
  (A)  FOR  THE  FIRST  SUCH VIOLATION, BE SUSPENDED FOR A PERIOD OF NOT
LESS THAN ONE HUNDRED EIGHTY DAYS FROM RACING IN ANY  HORSERACE  IN  THE
STATE OF NEW YORK;
  (B)  FOR  THE  SECOND SUCH VIOLATION, BE SUSPENDED FOR A PERIOD OF NOT
LESS THAN ONE YEAR FROM RACING IN ANY HORSERACE  IN  THE  STATE  OF  NEW
YORK; AND
  (C)  FOR  THE  THIRD  OR SUBSEQUENT SUCH VIOLATION, BE SUSPENDED FOR A
PERIOD OF NOT LESS THAN TWO YEARS FROM RACING IN ANY  HORSERACE  IN  THE
STATE OF NEW YORK.
  7.  ENFORCEMENT.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE NEW
YORK STATE RACING AND WAGERING BOARD SHALL HAVE THE AUTHORITY TO ENFORCE
THE PROVISIONS OF THIS SECTION.
  8. RULEMAKING. THE NEW YORK STATE  RACING  AND  WAGERING  BOARD  SHALL
PRESCRIBE  SUCH RULES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
  9. PRIVATE RIGHT OF ACTION FOR CERTAIN VIOLATIONS. NOTWITHSTANDING ANY
OTHER SECTION, IN ANY CASE IN WHICH A PERSON HAS REASON TO BELIEVE  THAT
AN  INTEREST  OF  THAT PERSON IS THREATENED OR ADVERSELY AFFECTED BY THE
ENGAGEMENT OF ANOTHER PERSON IN A PRACTICE THAT VIOLATES A PROVISION  OF
THIS  SECTION  OR  A  RULE  PRESCRIBED UNDER THIS SECTION THE PERSON MAY
BRING A CIVIL ACTION IN AN APPROPRIATE COURT OF COMPETENT JURISDICTION:
  (A) TO ENJOIN THE PRACTICE;
  (B) TO ENFORCE COMPLIANCE WITH THE PROVISION OR RULE;
  (C) TO ENFORCE THE PENALTIES PROVIDED FOR IN THIS SUBDIVISION;
  (D) TO OBTAIN  DAMAGES  OR  RESTITUTION,  INCLUDING  COURT  COSTS  AND
REASONABLE ATTORNEY AND EXPERT WITNESS FEES; AND
  (E) TO OBTAIN SUCH OTHER RELIEF AS THE COURT CONSIDERS APPROPRIATE.
  S  3.  This  act  shall take effect immediately and shall apply to all
horseraces occurring on or after such effective date.

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Senate Bill S5887A

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Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

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Sponsored By

Thomas K. Duane

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Actions

Bill Amendments

2011-S5887 - Details

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co-Sponsors

Joseph P. Addabbo Jr.

Tony Avella

Liz Krueger

2011-S5887A (ACTIVE) - Details

2011-S5887A (ACTIVE) - Summary

2011-S5887A (ACTIVE) - Sponsor Memo

2011-S5887A (ACTIVE) - Bill Text download pdf

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