Bill S835-2013

Prohibits the use of performance-enhancing drugs in horseracing

Prohibits the use of performance-enhancing drugs in horseracing.

Details

Actions

  • Jan 8, 2014: REFERRED TO RACING, GAMING AND WAGERING
  • Jan 9, 2013: REFERRED TO RACING, GAMING AND WAGERING

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 835 2013-2014 Regular Sessions IN SENATE (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);
(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
(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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