Bill Text: NY A05734 | 2021-2022 | General Assembly | Introduced

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Bill Title: Creates the responsible retirement of racehorses fund; establishes a horse registration fee; provides such funds be expended to support responsible retirement of racehorses in this state.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A05734 Detail]

Download: New_York-2021-A05734-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5734

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2021
                                       ___________

        Introduced  by  M.  of  A. GLICK, L. ROSENTHAL, COOK, GOTTFRIED, FAHY --
          Multi-Sponsored by -- M. of A. SIMON -- read once and referred to  the
          Committee on Ways and Means

        AN  ACT  to  amend the state finance law, in relation to the creation of
          the responsible retirement of racehorses fund; to  amend  the  racing,
          pari-mutuel  wagering  and breeding law, in relation to a horse regis-
          tration fee; and to amend the agriculture and markets law, in relation
          to the responsible retirement of racehorses

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

     1    Section  1.  The  state finance law is amended by adding a new section
     2  95-j to read as follows:
     3    § 95-j. Responsible retirement of racehorses fund. 1. There is  hereby
     4  established  in  the  sole  custody  of the commissioner of taxation and
     5  finance a special fund to be known as  the  "responsible  retirement  of
     6  racehorses fund". Monies in the fund shall be kept separate from and not
     7  commingled with other funds held in the sole custody of the commissioner
     8  of taxation and finance.
     9    2. (a) Such fund shall consist of all revenues received by the depart-
    10  ment  of taxation and finance pursuant to paragraph (b) of this subdivi-
    11  sion and all other money appropriated, credited, or transferred  thereto
    12  from any other fund or source pursuant to law.  Nothing contained herein
    13  shall prevent the state from receiving grants, gifts or bequests for the
    14  purposes of the fund as defined in this section and depositing them into
    15  the fund according to law.
    16    (b)  The  sources  of  the "responsible retirement of racehorses fund"
    17  shall be as follows:
    18    (i) one-half of one percent of  the  commissions  from  video  lottery
    19  gaming  revenue from New York's tracks and Resorts World Casino New York
    20  City and any video lottery gaming added after this  section  shall  have
    21  become a law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07642-01-1
        A. 5734                             2

     1    (ii)  one-half  of  one  percent  of  all purses at the New York state
     2  tracks;
     3    (iii)  five  percent  of  the New York state thoroughbred breeding and
     4  development fund annual revenue; and
     5    (iv) ten percent of fees generated by the  agriculture  and  New  York
     6  state  horse breeding development fund pursuant to section three hundred
     7  thirty of the racing, pari-mutuel wagering and breeding law.
     8    3. The moneys in said account shall be retained by the fund and  shall
     9  be  payable from the fund by the commissioner of taxation and finance on
    10  vouchers certified or approved by the commissioner  of  agriculture  and
    11  markets  or  his  or her designee and only for the purposes set forth in
    12  this section.
    13    4. The moneys in such fund  shall  be  expended  for  the  purpose  of
    14  supporting  responsible  horse retirement of thoroughbreds and standard-
    15  breds in New York state.  Eligible horse retirement and rescue  programs
    16  are those approved by the commissioner of agriculture and markets.
    17    §  2. Section 330 of the racing, pari-mutuel wagering and breeding law
    18  is amended by adding a new subdivision 6 to read as follows:
    19    6. The fund is directed to establish a horse registration fee for each
    20  horse registered pursuant to this chapter, with the proceeds of such fee
    21  to be credited to the fund.
    22    § 3.   The agriculture and markets law is  amended  by  adding  a  new
    23  section 382 to read as follows:
    24    § 382. Responsible retirement of racehorses. 1. The commissioner shall
    25  compile a list of approved horse retirement and rescue programs eligible
    26  to  receive  funding  from the responsible retirement of racehorses fund
    27  established pursuant to section ninety-five-j of the state finance  law.
    28  The  eligibility  of a rescue program shall be determined based upon the
    29  economic sustainability of the rescue, the rescue's long term stability,
    30  the rescue's demonstration of an ongoing commitment to the  proper  care
    31  of  horses, and such other factors as the commissioner shall deem appro-
    32  priate after consultation with the farm bureau,  horse  breeder  associ-
    33  ations and societies for the prevention of cruelty to animals and humane
    34  societies.   All approved rescues must be non-profit organizations which
    35  are tax-exempt pursuant to the provisions of section  501(c)(3)  of  the
    36  Internal Revenue Code.
    37    2.  For  purposes  of  this section the term racehorse shall include a
    38  horse whose racing career has concluded or a horse that was bred to race
    39  but has never competed in a race.
    40    § 4. This act shall take effect on the one hundred twentieth day after
    41  it shall have become a law.