Establishes the "honesty in sports act"; requires amateur and professional athletes who perform where spectators pay an admission fee to certify by signed affidavit that he or she has not used performance enhancing substances (defined as the NCAA's current list of banned drugs) in the preceding six months; prohibits those who fail to certify from performing; provides that the state athletic commission shall receive such certifications and make a record of such available to the public.
STATE OF NEW YORK
________________________________________________________________________
2085
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
___________
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:
1 Section 1. This act shall be known and may be cited as the "honesty in
2 sports act".
3 § 2. Section 1016 of the general business law is amended by adding a
4 new subdivision 5 to read as follows:
5 5. (a) The commission shall require all amateur and professional
6 athletes in all sports including, but not limited to, basketball, base-
7 ball, football, and hockey who perform before spectators, who have paid
8 an admission fee for a sporting event or exhibition in New York state,
9 to submit a signed affidavit certifying that such athlete has not used
10 performance enhancing substances. The promoter, organizer, producer or
11 another that participates in the proposition, selection, or arrangement
12 of one or more amateurs or professionals for a contest must file with
13 the commission a copy of a signed affidavit certifying that such athlete
14 has not used performance enhancing substances. The form of such certif-
15 ications shall be determined by the commission. Such certifications
16 shall be filed with the commission semiannually and shall be limited in
17 scope to the preceding six months. An athlete who fails to submit such
18 certification is hereby prohibited from performing before spectators who
19 have paid an admission fee for such amateur or professional sporting
20 events or exhibitions in New York.
21 (b) The powers and duties of the commission are hereby expanded to
22 develop and implement the certification process required in paragraph
23 (a) of this subdivision. The chairperson, or his or her designees, shall
24 make a record of such filed certifications available to the public in a
25 manner determined by the commission.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07198-01-9
A. 2085 2
1 (c) For the purposes of this subdivision, "performance enhancing
2 substances" shall mean the same as the national collegiate athletic
3 association's current list of banned drugs.
4 § 3. This act shall take effect on the one hundred eightieth day after
5 it shall have become a law. Effective immediately, the addition, amend-
6 ment and/or repeal of any rule or regulation necessary for the implemen-
7 tation of this act on its effective date are authorized and directed to
8 be made and completed on or before such effective date.
