S T A T E O F N E W Y O R K
________________________________________________________________________
835
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. ESPAILLAT -- 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:
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.
LBD04080-01-3
S. 835 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. 835 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.