Bill Text: NY A04154 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the aftercare of retired race horses; prohibits the slaughter of race horses and race horse breeding stock; requires that race horses be microchipped; provides for gifts for thoroughbred aftercare on tax returns.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2021-06-09 - substituted by s1442b [A04154 Detail]
Download: New_York-2021-A04154-Introduced.html
Bill Title: Relates to the aftercare of retired race horses; prohibits the slaughter of race horses and race horse breeding stock; requires that race horses be microchipped; provides for gifts for thoroughbred aftercare on tax returns.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2021-06-09 - substituted by s1442b [A04154 Detail]
Download: New_York-2021-A04154-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4154 2021-2022 Regular Sessions IN ASSEMBLY February 1, 2021 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the prohibition of the slaughter of race horses and race horse breeding stock; to amend the racing, pari-mutuel wagering and breeding law, in relation to requiring race horses to be microchipped; and to amend the tax law, in relation to gifts for thoroughbred aftercare The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The agriculture and markets law is amended by adding a new 2 section 382 to read as follows: 3 § 382. Prohibition of the slaughter of race horses and race horse 4 breeding stock. 1. Notwithstanding any other provision of law, it shall 5 be unlawful for any person, corporation, association, or other entity to 6 slaughter or have another person, corporation, association, or other 7 entity slaughter a race horse or race horse breeding stock for a commer- 8 cial purpose. 9 2. Notwithstanding any other provision of law, it shall be unlawful 10 for any person, corporation, association, or other entity to: 11 (a) import, export, sell, offer to sell or barter, transfer, purchase, 12 possess, transport, deliver, or receive a race horse or race horse 13 breeding stock with the intent of slaughtering or having another person, 14 corporation, association, or other entity slaughter such race horse or 15 race horse breeding stock; or 16 (b) import, export, sell, offer to sell or barter, transfer, purchase, 17 possess, transport, deliver, or receive a race horse or race horse 18 breeding stock, where such person, corporation, association, or other 19 entity knows, or through the exercise of reasonable diligence, should 20 have known, that another person, corporation, association, or other 21 entity intended to slaughter such race horse or race horse breeding 22 stock. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05854-01-1A. 4154 2 1 3. For the purposes of this section: 2 (a) "race horse" shall mean: 3 (i) a thoroughbred horse which meets or ever met the standards to be 4 eligible to race at any track licensed to operate pursuant to article 5 two of the racing, pari-mutuel wagering and breeding law; or 6 (ii) a standardbred horse which meets or ever met the standards to be 7 eligible to race at any track licensed to operate pursuant to article 8 three of the racing, pari-mutuel wagering and breeding law; 9 (b) "race horse breeding stock" shall mean: any mare or stallion used, 10 or intended to ever be used, to produce a foal that is intended to be 11 used as a race horse as defined in this subdivision, as well as the foal 12 bred by such a mare or stallion. 13 (c) "slaughter" shall mean the possession, importation into or expor- 14 tation from the state, or the sale, purchase, donation, holding, or 15 acceptance of any race horse or race horse breeding stock with the 16 intent of killing, or having another kill, that race horse or race horse 17 breeding stock, if that person knows or should have known that any part 18 of that race horse or race horse breeding stock will be used for human 19 or animal consumption. 20 4. (a) A violation of this section is a misdemeanor punishable by a 21 fine of not more than five thousand dollars per each race horse or race 22 horse breeding stock for an individual person and up to ten thousand 23 dollars per each race horse or race horse breeding stock for a corpo- 24 ration, association or other entity, for the first violation. Any subse- 25 quent violation shall be punishable by a civil penalty of up to ten 26 thousand dollars per each race horse or race horse breeding stock for an 27 individual person and up to twenty thousand dollars per each race horse 28 or race horse breeding stock for a corporation, association, or other 29 entity. 30 (b) A violation of this section will result in the immediate and 31 permanent revocation of any New York state gaming commission license, as 32 well as the violator being permanently ineligible to receive any awards 33 pursuant to section two hundred fifty-four or three hundred thirty-four 34 of the racing, pari-mutuel wagering and breeding law. 35 5.(a) Any and all civil penalties collected pursuant to a violation 36 involving a thoroughbred horse shall be remitted to the New York state 37 thoroughbred breeding and development fund established pursuant to 38 section two hundred fifty-two of the racing, pari-mutuel wagering and 39 breeding law, and shall be deposited by that fund into a dedicated 40 account to be spent by the fund solely for the purpose of the care of 41 retired race horses, consistent with paragraph h of subdivision two of 42 section two hundred fifty-four of the racing, pari-mutuel wagering and 43 breeding law. 44 (b) Any and all civil penalties collected pursuant to a violation 45 involving a standardbred horse or race horse breeding stock shall be 46 remitted to the agriculture and New York state horse breeding develop- 47 ment fund established pursuant to section three hundred thirty of the 48 racing, pari-mutuel wagering and breeding law, and shall be deposited by 49 that fund into a dedicated account, to be spent by the fund solely for 50 the purpose of the care of retired race horses, consistent with para- 51 graph j of subdivision one of section three hundred thirty-two of the 52 racing, pari-mutuel wagering and breeding law. 53 6. Notwithstanding any other provision of law, each and every owner of 54 a race horse that has competed in New York state on or after January 55 first, two thousand twenty-two, or any other horse used for breeding 56 purposes in New York state on or after January first, two thousand twen-A. 4154 3 1 ty-two, shall be liable for any violation of this section, unless there 2 is proper documentation of a transfer of ownership, and that transfer 3 must be to a party with no financial or familial relationship to the 4 owner. 5 § 2. Section 225 of the racing, pari-mutuel wagering and breeding law, 6 as amended by chapter 243 of the laws of 2020, is amended to read as 7 follows: 8 § 225. Registration of race horses. The true name, sex and age, and 9 also the pedigree, unless such pedigree is unknown, of every horse, 10 mare, gelding, colt or filly shall be registered with the jockey club, 11 United States trotting association, American quarter horse association, 12 the national steeplechase and hunt association or such other entity as 13 the commission may designate before it shall be eligible to compete in 14 any race conducted under a license or franchise of the commission and 15 such name shall continue to be its true name unless and until the same 16 shall be changed according to the rules and regulations of such organ- 17 ization. The class to which any such animal belongs for the purpose of 18 the entry or competition in any race shall be determined by the public 19 performance thereof in former contests or trials of speed, as prescribed 20 by the printed rules of the person, association or corporation sponsor- 21 ing such race. No horse, mare, gelding, colt or filly shall be eligible 22 to compete in any race, unless it is first microchipped and registered 23 with the jockey club, United States trotting association, American 24 quarter horse association, the national steeplechase and hunt associ- 25 ation or such other entity, as applicable and as the commission may 26 designate. All microchip information shall be provided and available to 27 the public in digital format accessible from the internet. 28 § 3. Subdivision 3 of section 251 of the racing, pari-mutuel wagering 29 and breeding law, as amended by chapter 18 of the laws of 2008, is 30 amended to read as follows: 31 3. "New York-bred." A thoroughbred which is registered in the registry 32 designated and administered by such fund in accordance with such rules 33 concerning domicile and registration requirements as may be established 34 by the fund, including that each mare, stallion, and foal be micro- 35 chipped and registered pursuant to section two hundred twenty-five of 36 this article, and: was on or before December thirty-first, nineteen 37 hundred eighty, foaled in this state; or is on or after January first, 38 nineteen hundred eighty-one, either: (i) sired by a New York stallion 39 and foaled from a mare domiciled in this state; (ii) foaled from a mare 40 domiciled in this state which mare has been serviced back exclusively by 41 a New York stallion in the year of such foaling; or (iii) on or after 42 January first, nineteen hundred ninety-five foaled from a mare domiciled 43 in New York. [The fund shall report to the governor and the legislature44on or before December fifteenth, nineteen hundred ninety-nine effects of45paragraph (iii) of this subdivision on the New York state breeding46industry.] 47 § 4. Subdivision 2 of section 254 of the racing, pari-mutuel wagering 48 and breeding law is amended by adding a new paragraph h to read as 49 follows: 50 h. An amount as shall be determined by the fund for the care of 51 retired horses, provided, however, such amounts shall be allocated from 52 a dedicated account maintained by the fund supported by the collection 53 of fines assessed pursuant to section three hundred eighty-two of the 54 agriculture and markets law and contributions made pursuant to sections 55 two hundred nine-N and six hundred thirty-i of the tax law, and the fund 56 shall not be required to make any allocations for such purposes that areA. 4154 4 1 in excess of the amount collected pursuant to those sections during the 2 preceding year. In making such allocations, the fund shall consider 3 whether the potential recipient organization is an accredited horse 4 retirement and rescue program. 5 § 5. Subdivision 1 of section 332 of the racing, pari-mutuel wagering 6 and breeding law is amended by adding a new paragraph j to read as 7 follows: 8 j. An amount as shall be determined by the fund for the care of 9 retired horses, provided, however, such amounts shall be allocated from 10 a dedicated account to be funded by the collection of fines assessed 11 pursuant to section three hundred eighty-two of the agriculture and 12 markets law. 13 § 6. The opening paragraph of subdivision 1 of section 334 of the 14 racing, pari-mutuel wagering and breeding law, as amended by chapter 90 15 of the laws of 2006, is amended to read as follows: 16 The fund is further authorized and directed to conduct each year, at 17 the New York state exposition, with the approval of the director of the 18 exposition, or at any licensed pari-mutuel track in New York state, with 19 a preference given to any available licensed pari-mutuel track that is 20 five-eighths of a mile long or larger, colt, stake and overnight events 21 for standardbred horses to provide contests for two year old and three 22 year old colts and fillies at each gait of trotting and pacing. The 23 colt, stake and overnight events so conducted for two year old and three 24 year old colts and fillies at each gait of trotting and pacing hereunder 25 shall be conditioned to admit only those colts and fillies dropped from 26 a mare bred in this state and sired by a stallion owned or leased and 27 permanently standing for service at and within this state at the time of 28 the said foal's conception, provided, however, that such mare, stallion, 29 and foal shall be microchipped with such microchip information available 30 in a publicly available database pursuant to section two hundred twen- 31 ty-five of this chapter. Such colt, stake and overnight events shall be 32 opened for nomination not earlier than the first day of January in the 33 year the event is to be held and only colts and fillies and horses 34 complying with the following standards shall be eligible for such nomi- 35 nation: 36 § 7. The tax law is amended by adding a new section 209-N to read as 37 follows: 38 § 209-N. Prohibition of the slaughter of race horses and race horse 39 breeding stock. Effective for any tax year commencing on or after the 40 effective date of this section, a taxpayer in any taxable year may elect 41 to contribute to the New York state thoroughbred breeding and develop- 42 ment fund established pursuant to section two hundred fifty-two of the 43 racing, pari-mutuel wagering and breeding law, for the purpose of fund- 44 ing the operation of retired race horse aftercare facilities. Any 45 contributions made to the thoroughbred breeding and development fund 46 pursuant to this section shall be deposited into a dedicated account 47 managed by the fund, which shall solely be used for funding the opera- 48 tion of retired race horse aftercare facilities, with a preference for 49 those organizations that are accredited horse retirement and rescue 50 programs. Such contribution shall be in any whole dollar amount and 51 shall not reduce the amount of the state tax owed by such taxpayer. The 52 commissioner shall include space on the corporate income tax return to 53 enable a taxpayer to make such contribution. Notwithstanding any other 54 provision of law, all revenues collected pursuant to this section shall 55 be credited to the New York state retirement race horse and aftercare 56 fund and shall be used only for those purposes set forth in paragraph hA. 4154 5 1 of subdivision two of section two hundred fifty-four of the racing, 2 pari-mutuel wagering and breeding law. 3 § 8. The tax law is amended by adding a new section 630-i to read as 4 follows: 5 § 630-i. Gifts for thoroughbred aftercare. Effective for any tax year 6 commencing on or after the effective date of this section, a taxpayer in 7 any taxable year may elect to contribute to the New York state thorough- 8 bred breeding and development fund established pursuant to section two 9 hundred fifty-two of the racing, pari-mutuel wagering and breeding law, 10 for the purpose of funding the operation of retired race horse aftercare 11 facilities. Any contributions made to the thoroughbred breeding and 12 development fund pursuant to this section shall be deposited into a 13 dedicated account managed by the fund, which shall solely be used for 14 funding the operation of retired race horse aftercare facilities, with a 15 preference for those organizations that are accredited horse retirement 16 and rescue programs. Such contribution shall be in any whole dollar 17 amount and shall not reduce the amount of the state tax owed by such 18 taxpayer. The commissioner shall include space on the personal income 19 tax return to enable a taxpayer to make such contribution. Notwithstand- 20 ing any other provision of law, all revenues collected pursuant to this 21 section shall be credited to the New York state retirement race horse 22 and aftercare fund and shall be used only for those purposes enumerated 23 in paragraph h of subdivision two of section two hundred fifty-four of 24 the racing, pari-mutuel wagering and breeding law. 25 § 9. The New York state thoroughbred breeding and development fund and 26 the agriculture and New York state horse breeding development fund 27 shall, during calendar year 2021, expend appropriate resources to ensure 28 that the public is made aware of the prohibitions, penalties, and 29 contribution opportunities established by this act. 30 § 10. This act shall take immediately; provided that sections two, 31 three, six, seven and eight of this act shall take effect January 1, 32 2022, and shall apply to all fiscal years commencing on and after such 33 date.
