NY State Senate Bill 2017-S6842

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to racing, gaming and wagering
Aug 02, 2017	referred to rules

2017-S6842 (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:: 2011-2012: S5887
2013-2014: S835
2015-2016: S3721
2019-2020: S1976
2021-2022: S1445
2023-2024: S1960

2017-S6842 (ACTIVE) - Summary

Prohibits the use of performance-enhancing drugs in horseracing.

2017-S6842 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6842

 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 :

S. 3721 of 2015-16 - Referred to Racing, Gaming and Wagering
Committee.

 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.

2017-S6842 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6842
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              August 2, 2017
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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.
   § 2. The racing, pari-mutuel wagering and breeding law is  amended  by
 adding a new section 902-a to read as follows:
   §  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
 INTERNATIONAL  LABORATORY  ACCREDITATION  COOPERATION MUTUAL RECOGNITION
 ARRANGEMENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13354-01-7

 S. 6842                             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 GAMING
 COMMISSION.
   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. 6842                             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 GAMING
 COMMISSION SHALL HAVE THE AUTHORITY TO ENFORCE THE  PROVISIONS  OF  THIS
 SECTION.
   8. RULEMAKING. THE GAMING COMMISSION 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.
   § 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 S6842

Sponsored By

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

2017-S6842 (ACTIVE) - Details

2017-S6842 (ACTIVE) - Summary

2017-S6842 (ACTIVE) - Sponsor Memo

2017-S6842 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6842

Share this bill

Sponsored By

Joseph P. Addabbo Jr.

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

2017-S6842 (ACTIVE) - Details

2017-S6842 (ACTIVE) - Summary

2017-S6842 (ACTIVE) - Sponsor Memo

2017-S6842 (ACTIVE) - Bill Text download pdf

Comments