Bill Text: NY A03517 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the commission on retired racehorses, which shall be responsible for the oversight of retired racehorses including the creation of a registry to track such racehorses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-02-13 - reported referred to ways and means [A03517 Detail]

Download: New_York-2023-A03517-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3517

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Racing and Wagering

        AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
          relation to establishing the commission on retired racehorses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
     2  amended by adding a new article 7-A to read as follows:
     3                                 ARTICLE 7-A
     4                      COMMISSION ON RETIRED RACEHORSES
     5  Section 710. Commission on retired racehorses.
     6          711. Powers and duties of commission.
     7          712. Reports on retired racehorses.
     8    §  710.  Commission  on retired racehorses. 1.  There is hereby estab-
     9  lished a commission on retired racehorses. Such  commission  on  retired
    10  racehorses  shall  consist  of  seven  members,  three  of whom shall be
    11  appointed by the governor, two of whom shall be appointed by the  tempo-
    12  rary  president  of the senate and two of whom shall be appointed by the
    13  speaker of the assembly. Of the three members appointed by the governor,
    14  two shall be appointed upon the recommendation of the gaming commission.
    15  One of the appointed members of the  commission  on  retired  racehorses
    16  shall  be  representative  of owners and breeders of standardbred horses
    17  and one shall be representative of owners and breeders  of  thoroughbred
    18  horses.  Three  of  the  appointed  members of the commission on retired
    19  racehorses shall be representative of: (a)  persons  with  expertise  in
    20  training  horses  for  uses  other  than racing, such as riding schools,
    21  steeplechase competitions,  show  horse  competitions  (e.g.,  dressage,
    22  hunter/jumper,  English,  Western,  and costume competitions), and other
    23  recreational uses, (b) persons with experience in the potential farm  or
    24  other  rural  economic business applications for horses, and (c) persons
    25  familiar with the use of horses for recreational or therapeutic uses.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08320-01-3

        A. 3517                             2

     1    2. The members of the commission on retired racehorses shall serve for
     2  terms of four years each.
     3    3. Every member of the commission on retired racehorses shall serve at
     4  the  pleasure of the official who appointed him or her. Vacancies in the
     5  membership of such commission shall be filled in the manner provided for
     6  original appointments.
     7    4. The members of the commission on retired racehorses  shall  receive
     8  no  compensation  for  their services, but shall be allowed their actual
     9  and necessary expenses incurred  in  the  performance  of  their  duties
    10  pursuant to this section.
    11    §  711.  Powers and duties of commission. 1. The commission on retired
    12  racehorses, in cooperation with the gaming commission, shall be  respon-
    13  sible for the oversight of retired racehorses, including the tracking of
    14  such  racehorses.  For the purposes of this article, a retired racehorse
    15  shall mean (a) a New York-bred thoroughbred as  defined  by  subdivision
    16  three of section two hundred fifty-one of this chapter which is no long-
    17  er  engaged in horseracing or (b) a standardbred which meets or ever met
    18  the standards set forth in subdivision  one  of  section  three  hundred
    19  thirty-four  of  this  chapter  and  which is no longer engaged in horse
    20  racing.
    21    2. The commission on  retired  racehorses,  in  cooperation  with  the
    22  gaming  commission,  shall be responsible for the creation of a registry
    23  which would track retired racehorses in New York  state.  Such  registry
    24  shall include information provided by each owner and subsequent owner of
    25  a retired racehorse, as provided in section seven hundred twelve of this
    26  article.   Notwithstanding any other provision of law, the commission on
    27  retired racehorses shall maintain and update this registry. The  commis-
    28  sion  on  retired  racehorses may access any relevant information in the
    29  registries designated and administered by the New York  state  thorough-
    30  bred  breeding  and  development  fund  and the agriculture and New York
    31  state horse breeding development fund to facilitate  the  implementation
    32  of this article.
    33    3.  The  commission  on  retired racehorses shall work with the gaming
    34  commission to identify methods by which the information in  the  retired
    35  racehorse  registry  may  be  utilized  to address the well-being and/or
    36  employment of retired racehorses, including but not limited  to  strate-
    37  gies  to  address  the  issue of abandoned racehorses and to prevent the
    38  slaughter of retired racehorses. The commission  on  retired  racehorses
    39  shall also furnish related future recommendations regarding the funding,
    40  care and treatment of retired racehorses. Such recommendations and rele-
    41  vant  data  that  support such recommendations shall be submitted to the
    42  gaming commission for publication on their website.
    43    4. The commission on retired racehorses shall  work  with  the  gaming
    44  commission to publish on the gaming commission website at least quarter-
    45  ly,  in such forms as the gaming commission may deem proper, a report of
    46  aggregate data from the retired racehorse registry including the  number
    47  of retired racehorses and any other information which the gaming commis-
    48  sion  may deem proper. Such report shall also include information on how
    49  to report violations as provided in subdivision three of  section  seven
    50  hundred twelve of this article to the commission on retired racehorses.
    51    5.  The  commission  on retired racehorses shall share with the gaming
    52  commission any suspected violations as provided in subdivision three  of
    53  section  seven  hundred twelve of this article at a time and in a manner
    54  to be determined and prescribed by the gaming commission for the purpose
    55  of assessing civil penalties.

        A. 3517                             3

     1    § 712. Reports on retired  racehorses.  1.  Within  seventy-two  hours
     2  after  any change in ownership regarding a retired racehorse, boarded in
     3  New York state during any part of the calendar year, the  new  owner  or
     4  owners of the horse shall report to the commission on retired racehorses
     5  that  such  ownership has changed and shall file a statement listing the
     6  name or names of the previous owner or owners and the license number  of
     7  any  license  issued  by  the gaming commission to the previous owner or
     8  owners, the name or names, telephone number  or  telephone  numbers  and
     9  address  or  addresses of the new owner or owners, the license number of
    10  any license issued by the gaming commission to the new owner or  owners,
    11  the  tattoo  number  of  such  horse and any other information which the
    12  commission on retired racehorses may require. In the  event  that  there
    13  are  multiple  owners  of  a retired racehorse, one designated owner may
    14  register on behalf of all owners.
    15    2. Within seventy-two hours after the death of  a  retired  racehorse,
    16  the  owner or owners of the horse shall report such death to the commis-
    17  sion on retired racehorses and shall file a statement including a  death
    18  certificate  by  a licensed veterinarian and any other information which
    19  the commission on retired racehorses may require.
    20    3. Any sole or joint owner of a retired racehorse who is a resident of
    21  the state and who fails to file a statement required to be filed by this
    22  section shall be subject to a civil penalty not to  exceed  two  hundred
    23  fifty dollars for each violation.
    24    §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
    25  section or part of this act be adjudged by any court of competent juris-
    26  diction to be invalid, such judgement shall not affect, impair or inval-
    27  idate the remainder thereof, but shall be confined in its  operation  to
    28  the  clause,  sentence,  subdivision, paragraph, section or part thereof
    29  directly involved in the controversy in which such judgement shall  have
    30  been rendered.
    31    § 3. This act shall take effect on April 1, 2025.
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