NY State Senate Bill S1445

Current Bill Status - In Senate Committee Racing, Gaming And Wagering 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 12, 2021	referred to racing, gaming and wagering

S1445 (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
2017-2018: S6842
2019-2020: S1976

S1445 (ACTIVE) - Summary

Prohibits the use of performance-enhancing drugs in horseracing.

S1445 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1445

SPONSOR: ADDABBO
 
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 horse-
racing

 
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-ones-enhancing drugs in horseraces is prohibited in the State of New
York.

Section Two of the bill adds new section 902-a to the Racing, Pari-mutu-

al 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 Electroteohnical standard 17025:2005
entitles "General. Requirements for the Co;- at-cure of Testing and
Calibration Laboratories; from an accreditation b-)dy that is a signato-
ry to the -International Laboratory Accreditation Cooperation Mutual
Recognition.Arrangement and includes resting 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, rusculbskeletal system bleb system, immune
system (other than licensed vaccines against infectious agents), or
endocrine system of the horse, including the substances listed in the
Alphatetized. Listing of Drugs in January 2010 revision of the associ-
ation 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-en-
hancing 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 toe 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 3rd 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 Pacing 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 peri-
od 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 Now York

 
THIRD AND SUBSEQUENT VIOLATIONS:

Civil penalty of not less than $7,50,n0 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 imrosition 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 FEW 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:

LBE 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 RULER
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
SMOTHER PERSON N 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 FORK 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 LASIZ. IN 1993
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
SLAY OF BELMONT PARK'S FAIL MEET

IN THE EARLY 19-70'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 PERMANENT-
LY 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:

2017:56842 - REFERRED TO SENATE RULES COMMITTEES

2018:66842 - REFERRED TO RACING, GAMING AND WAGERING

2019:61976 - REFERRED TO RACING, GAMING AND WAGERING

2020:51976 - REFERRED TO RACING, GAMING AND WAGERING

 
FISCAL IMPLICATIONS:

 
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.

S1445 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1445
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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.
   §  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.

                                                            LBD05572-01-1

 S. 1445                             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. 1445                             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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The New York State Senate

senate Bill S1445

Sponsored By

Current Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Your Voice

Actions

S1445 (ACTIVE) - Details

S1445 (ACTIVE) - Summary

S1445 (ACTIVE) - Sponsor Memo

S1445 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1445

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Sponsored By

Joseph P. Addabbo Jr

Current Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Your Voice

Actions

S1445 (ACTIVE) - Details

S1445 (ACTIVE) - Summary

S1445 (ACTIVE) - Sponsor Memo

S1445 (ACTIVE) - Bill Text download pdf

Comments