Requires athletes who perform where spectators pay an admission fee to certify that he or she has not used performance enhancing substances in the preceding six mont

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.