senate Bill S835

2013-2014 Legislative Session

Prohibits the use of performance-enhancing drugs in horseracing

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to racing, gaming and wagering
Jan 09, 2013 referred to racing, gaming and wagering

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S835 - Bill Details

Current Committee:
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Add ยง902-a, RWB L
Versions Introduced in 2011-2012 Legislative Session:
S5887A

S835 - Bill Texts

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Prohibits the use of performance-enhancing drugs in horseracing.

view sponsor memo
BILL NUMBER:S835

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.


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                    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.

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