S T A T E O F N E W Y O R K
________________________________________________________________________
1497
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
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Introduced by M. of A. PERRY -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development
AN ACT to amend the general business law, in relation to creating the
"honesty in sports act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "honesty in
sports act".
§ 2. Section 1016 of the general business law is amended by adding a
new subdivision 5 to read as follows:
5. (A) THE COMMISSION SHALL REQUIRE ALL AMATEUR AND PROFESSIONAL
ATHLETES IN ALL SPORTS INCLUDING, BUT NOT LIMITED TO, BASKETBALL, BASE-
BALL, FOOTBALL, AND HOCKEY WHO PERFORM BEFORE SPECTATORS, WHO HAVE PAID
AN ADMISSION FEE FOR A SPORTING EVENT OR EXHIBITION IN NEW YORK STATE,
TO SUBMIT A SIGNED AFFIDAVIT CERTIFYING THAT SUCH ATHLETE HAS NOT USED
PERFORMANCE ENHANCING SUBSTANCES. THE PROMOTER, ORGANIZER, PRODUCER OR
ANOTHER THAT PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT
OF ONE OR MORE AMATEURS OR PROFESSIONALS FOR A CONTEST MUST FILE WITH
THE COMMISSION A COPY OF A SIGNED AFFIDAVIT CERTIFYING THAT SUCH ATHLETE
HAS NOT USED PERFORMANCE ENHANCING SUBSTANCES. THE FORM OF SUCH CERTIF-
ICATIONS SHALL BE DETERMINED BY THE COMMISSION. SUCH CERTIFICATIONS
SHALL BE FILED WITH THE COMMISSION SEMIANNUALLY AND SHALL BE LIMITED IN
SCOPE TO THE PRECEDING SIX MONTHS. AN ATHLETE WHO FAILS TO SUBMIT SUCH
CERTIFICATION IS HEREBY PROHIBITED FROM PERFORMING BEFORE SPECTATORS WHO
HAVE PAID AN ADMISSION FEE FOR SUCH AMATEUR OR PROFESSIONAL SPORTING
EVENTS OR EXHIBITIONS IN NEW YORK.
(B) THE POWERS AND DUTIES OF THE COMMISSION ARE HEREBY EXPANDED TO
DEVELOP AND IMPLEMENT THE CERTIFICATION PROCESS REQUIRED IN PARAGRAPH
(A) OF THIS SUBDIVISION. THE CHAIRPERSON, OR HIS OR HER DESIGNEES, SHALL
MAKE A RECORD OF SUCH FILED CERTIFICATIONS AVAILABLE TO THE PUBLIC IN A
MANNER DETERMINED BY THE COMMISSION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05047-01-1
A. 1497 2
(C) FOR THE PURPOSES OF THIS SUBDIVISION, "PERFORMANCE ENHANCING
SUBSTANCES" SHALL MEAN THE SAME AS THE NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION'S CURRENT LIST OF BANNED DRUGS.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.