BILL NUMBER:  S2468

 TITLE OF BILL :

An act to amend chapter 912 of the laws of 1920, relating to the
regulation of boxing, sparring and wrestling matches, in relation to
creating the "honesty in sports act"

 PURPOSE :

Establishes the "Honesty in Sports Act" which requires athletes who
perform in New York state where spectators pay an admission fee to
semi-annually certify to the New York State Athletic Commission for
public assess, whether he or she has used performance enhancing
substances.

 SUMMARY OF PROVISIONS :

This bill amends section 6 of chapter 912 of the laws of 1920 by
adding a new subdivision 3 that:

(a) Requires all amateur and professional athletes who perform before
fee paying spectators to submit a signed affidavit to the New York
Athletic Commission certifying that he or she has not used performance
enhancing substances and prohibits athletes who have not signed such
certification from performing. The form of certification shall be
              

determined by the commission and shall be filed with said commission
semiannually.

(b) Expands the powers and duties of the commission to develop and
implement the certification process required in paragraph (a).

(c) Defines "performance enhancing substances" for the purposes of
this subdivision as the national collegiate athletic associations'
current list of banned drugs.

 JUSTIFICATION :

The recent congressional hearings with members of Major League
Baseball highlight the growing use of performance enhancing drugs by
athletes. The New York State government must protect consumers from
being swindled or cheated by industry. Sports fans are consumers of
professional sports and, therefore, should have the right to know if
professional players are "cheating" by using these substances.

Athletes are often role models for the youth of New York State. In a
day and age when glamorous athletes and stars decorate magazine
covers, the temptation for young people to use drugs to achieve the
"ideal" physical shape is ever increasing. A recent national survey
found that steroid use among high school students more than doubled
between 1991 and 2003. By requiring these athletes to disclose when
and if they cheat by using steroids, the public embarrassment they
experience will help discourage future athletes from using these drugs
and deter students from following in their footsteps.

Sports leagues are charged with internally regulating the use of
performance enhancing drugs by athletes internally. In order to
protect the consumers at athletic events in New York State and not
impede on the rights of the leagues, this bill will require athletes
to certify use or non use of performance enhancing drugs with the New
York State Athletic commission so that the commission may disclose the
names of the athletes and inform the public whether the sporting event
is truly honest.

 LEGISLATIVE HISTORY :

2007-08, S.1848; 2005-06, S.5330

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.