S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    270
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Racing and Wagering
 
 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.
                                                            LBD01388-01-3
 A. 270                              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
 A. 270                              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.