Bill Text: NY S01442 | 2021-2022 | General Assembly | Amended
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: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2021-12-01 - APPROVAL MEMO.50 [S01442 Detail]
Download: New_York-2021-S01442-Amended.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: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2021-12-01 - APPROVAL MEMO.50 [S01442 Detail]
Download: New_York-2021-S01442-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1442--A Cal. No. 87 2021-2022 Regular Sessions IN SENATE January 12, 2021 ___________ Introduced by Sens. ADDABBO, BORRELLO, BROUK, GAUGHRAN, JACKSON, JORDAN, MANNION, MAY, PALUMBO, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wagering -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 and standardbred race horse 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 horse for a commercial purpose that such person, 8 corporation, association or other entity knows to have been a race horse 9 or race horse breeding stock. 10 2. Notwithstanding any other provision of law, it shall be unlawful 11 for any person, corporation, association, or other entity who owns or is 12 in the process of taking ownership of a race horse or race horse breed- 13 ing stock to import, export, sell, offer to sell or barter, transfer, 14 purchase, possess, transport, deliver, or receive, or direct another 15 person to import, export, sell, offer to sell or barter, transfer, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05854-05-1S. 1442--A 2 1 purchase, possess, transport, deliver, or receive a horse that such 2 person, corporation, association or other entity knows to be a race 3 horse or race horse breeding stock with the intent of slaughtering or 4 having another person, corporation, association, or other entity slaugh- 5 ter such race horse or race horse breeding stock. 6 3. For the purposes of this section: 7 (a) "race horse" shall mean: 8 (i) a thoroughbred horse which meets or ever met the standards to be 9 eligible to race at any track licensed to operate pursuant to article 10 two of the racing, pari-mutuel wagering and breeding law; or 11 (ii) a standardbred horse which meets or ever met the standards to be 12 eligible to race at any track licensed to operate pursuant to article 13 three of the racing, pari-mutuel wagering and breeding law; 14 (b) "race horse breeding stock" shall mean: any mare or stallion used, 15 or intended to ever be used, to produce a foal that is intended to be 16 used as a race horse as defined in this subdivision, as well as the foal 17 bred by such a mare or stallion. 18 (c) "slaughter" shall mean the intentional killing, or having another 19 kill, a race horse or race horse breeding stock, if that person knows 20 that the purpose of such killing is using any part of such race horse or 21 race horse breeding stock for human or animal consumption. Nothing 22 herein shall prohibit a person from lawful disposition of a deceased 23 race horse or race horse breeding stock or any part of such horse or 24 stock. 25 4. (a) A violation of this section is a misdemeanor punishable by a 26 fine of not more than one thousand dollars per each race horse or race 27 horse breeding stock for an individual person and up to two thousand 28 five hundred dollars per each race horse or race horse breeding stock 29 for a corporation, association or other entity, for the first violation. 30 Any subsequent violation shall be punishable by a fine of up to two 31 thousand dollars per each race horse or race horse breeding stock for an 32 individual person and up to five thousand dollars per each race horse or 33 race horse breeding stock for a corporation, association, or other enti- 34 ty. 35 (b) A violation of this section will subject any New York state gaming 36 commission license to the provisions of section two hundred twenty or 37 three hundred nine of the racing, pari-mutuel wagering and breeding law. 38 5. (a) Any and all fines collected pursuant to a violation involving a 39 thoroughbred horse shall be remitted to the New York state thoroughbred 40 breeding and development fund established pursuant to section two 41 hundred fifty-two of the racing, pari-mutuel wagering and breeding law, 42 and shall be deposited by that fund into a dedicated account to be spent 43 by the fund solely for the purpose of the care of retired race horses, 44 consistent with paragraph h of subdivision two of section two hundred 45 fifty-four of the racing, pari-mutuel wagering and breeding law. 46 (b) Any and all fines collected pursuant to a violation involving a 47 standardbred horse or race horse breeding stock shall be remitted to the 48 agriculture and New York state horse breeding development fund estab- 49 lished pursuant to section three hundred thirty of the racing, pari-mu- 50 tuel wagering and breeding law, and shall be deposited by that fund into 51 a dedicated account, to be spent by the fund solely for the purpose of 52 the care of retired race horses, consistent with paragraph j of subdivi- 53 sion one of section three hundred thirty-two of the racing, pari-mutuel 54 wagering and breeding law. 55 6. Notwithstanding any other provision of law, each and every owner of 56 a race horse that has competed in New York state on or after JanuaryS. 1442--A 3 1 first, two thousand twenty-two, or any other horse used for breeding 2 purposes in New York state on or after January first, two thousand twen- 3 ty-two, shall be liable for any violation of this section, unless there 4 is proper documentation of a transfer of ownership, and that transfer 5 must be to a party with no financial or familial relationship to the 6 owner. 7 7. Legal liability under this section for any race horse shall be 8 limited to the last individual or corporation in the chain of ownership 9 of said horse, as determined by notice to the breed registry as refer- 10 enced in section two hundred twenty-five of the racing, pari-mutuel 11 wagering and breeding law for that breed or other documentation of 12 ownership. Further, the purchaser or seller of any registered race horse 13 sold by a New York state resident or corporation who is a member of such 14 registry shall be required to provide notification of said sale to the 15 relevant breed registry in order to document ownership and protect 16 previous owners from liability under this section. 17 8. The commissioner shall develop a program, in cooperation with the 18 gaming commission, New York state thoroughbred breeding and development 19 fund, and the agriculture and New York state horse breeding development 20 fund to disseminate information about the provisions of this section to 21 horse owners, sellers, buyers and transporters including, but not limit- 22 ed to farmers, recreational horse businesses, livestock and horse deal- 23 ers, horse rescue and aftercare organizations, renderers, animal food 24 producers, and any other organizations or businesses potentially 25 impacted by this section. 26 § 2. Section 225 of the racing, pari-mutuel wagering and breeding law, 27 as amended by chapter 243 of the laws of 2020, is amended to read as 28 follows: 29 § 225. Registration of race horses. The true name, sex and age, and 30 also the pedigree, unless such pedigree is unknown, of every horse, 31 mare, gelding, colt or filly shall be registered with the jockey club, 32 United States trotting association, American quarter horse association, 33 the national steeplechase and hunt association or such other entity as 34 the commission may designate before it shall be eligible to compete in 35 any race conducted under a license or franchise of the commission and 36 such name shall continue to be its true name unless and until the same 37 shall be changed according to the rules and regulations of such organ- 38 ization. The class to which any such animal belongs for the purpose of 39 the entry or competition in any race shall be determined by the public 40 performance thereof in former contests or trials of speed, as prescribed 41 by the printed rules of the person, association or corporation sponsor- 42 ing such race. No horse, mare, gelding, colt or filly shall be eligible 43 to compete in any race, unless it is first microchipped and registered 44 with the jockey club, United States trotting association, American 45 quarter horse association, the national steeplechase and hunt associ- 46 ation or such other entity, as applicable and as the commission may 47 designate. The commission may request that all microchip information be 48 provided and available to the commission as necessary pursuant to this 49 chapter. 50 § 3. Subdivision 3 of section 251 of the racing, pari-mutuel wagering 51 and breeding law, as amended by chapter 18 of the laws of 2008, is 52 amended to read as follows: 53 3. "New York-bred." A thoroughbred which is registered in the registry 54 designated and administered by such fund in accordance with such rules 55 concerning domicile and registration requirements as may be established 56 by the fund, including that each mare, stallion, and foal be micro-S. 1442--A 4 1 chipped and registered pursuant to section two hundred twenty-five of 2 this article, and: was on or before December thirty-first, nineteen 3 hundred eighty, foaled in this state; or is on or after January first, 4 nineteen hundred eighty-one, either: (i) sired by a New York stallion 5 and foaled from a mare domiciled in this state; (ii) foaled from a mare 6 domiciled in this state which mare has been serviced back exclusively by 7 a New York stallion in the year of such foaling; or (iii) on or after 8 January first, nineteen hundred ninety-five foaled from a mare domiciled 9 in New York. [The fund shall report to the governor and the legislature10on or before December fifteenth, nineteen hundred ninety-nine effects of11paragraph (iii) of this subdivision on the New York state breeding12industry.] 13 § 4. Subdivision 2 of section 254 of the racing, pari-mutuel wagering 14 and breeding law is amended by adding a new paragraph h to read as 15 follows: 16 h. An amount as shall be determined by the fund for the care of 17 retired horses, provided, however, such amounts shall be allocated from 18 a dedicated account maintained by the fund supported by the collection 19 of fines assessed pursuant to section three hundred eighty-two of the 20 agriculture and markets law and contributions made pursuant to sections 21 two hundred nine-N and six hundred thirty-i of the tax law, and the fund 22 shall not be required to make any allocations for such purposes that are 23 in excess of the amount collected pursuant to those sections during the 24 preceding year. In making such allocations, the fund shall consider 25 whether the potential recipient organization is an accredited horse 26 retirement and rescue program. The gaming commission shall establish an 27 advisory board to consult the fund when making such allocations with 28 representatives of thoroughbred and standardbred owners and breeders, 29 and animal protection organizations with expertise in the care of 30 retired and rescued horses. 31 § 5. Subdivision 1 of section 332 of the racing, pari-mutuel wagering 32 and breeding law is amended by adding a new paragraph j to read as 33 follows: 34 j. An amount as shall be determined by the fund for the care of 35 retired horses, provided, however, such amounts shall be allocated from 36 a dedicated account to be funded by the collection of fines assessed 37 pursuant to section three hundred eighty-two of the agriculture and 38 markets law. The gaming commission shall establish an advisory board to 39 consult the fund when making such allocations with representatives of 40 thoroughbred and standardbred owners and breeders, and animal protection 41 organizations with expertise in the care of retired and rescued horses. 42 § 6. The opening paragraph of subdivision 1 of section 334 of the 43 racing, pari-mutuel wagering and breeding law, as amended by chapter 90 44 of the laws of 2006, is amended to read as follows: 45 The fund is further authorized and directed to conduct each year, at 46 the New York state exposition, with the approval of the director of the 47 exposition, or at any licensed pari-mutuel track in New York state, with 48 a preference given to any available licensed pari-mutuel track that is 49 five-eighths of a mile long or larger, colt, stake and overnight events 50 for standardbred horses to provide contests for two year old and three 51 year old colts and fillies at each gait of trotting and pacing. The 52 colt, stake and overnight events so conducted for two year old and three 53 year old colts and fillies at each gait of trotting and pacing hereunder 54 shall be conditioned to admit only those colts and fillies dropped from 55 a mare bred in this state and sired by a stallion owned or leased and 56 permanently standing for service at and within this state at the time ofS. 1442--A 5 1 the said foal's conception, provided, however, that such mare, stallion, 2 and foal shall be microchipped with such microchip information which the 3 commission may request be provided and made available pursuant to 4 section two hundred twenty-five of this chapter. Such colt, stake and 5 overnight events shall be opened for nomination not earlier than the 6 first day of January in the year the event is to be held and only colts 7 and fillies and horses complying with the following standards shall be 8 eligible for such nomination: 9 § 7. The tax law is amended by adding two new sections 209-N and 209-O 10 to read as follows: 11 § 209-N. Retired and rescued thoroughbred race horse aftercare. 12 Effective for any tax year commencing on or after the effective date of 13 this section, a taxpayer in any taxable year may elect to contribute to 14 the New York state thoroughbred breeding and development fund estab- 15 lished pursuant to section two hundred fifty-two of the racing, pari-mu- 16 tuel wagering and breeding law, for the purpose of funding the operation 17 of retired race horse aftercare facilities. Any contributions made to 18 the thoroughbred breeding and development fund pursuant to this section 19 shall be deposited into a dedicated account managed by the fund, which 20 shall solely be used for funding the operation of retired race horse 21 aftercare facilities, with a preference for those organizations that are 22 accredited horse retirement and rescue programs. Such contribution shall 23 be in any whole dollar amount and shall not reduce the amount of the 24 state tax owed by such taxpayer. The commissioner shall include space on 25 the corporate income tax return to enable a taxpayer to make such 26 contribution. Notwithstanding any other provision of law, all revenues 27 collected pursuant to this section shall be credited to the New York 28 state thoroughbred retirement race horse and aftercare fund and shall be 29 used only for those purposes set forth in paragraph h of subdivision two 30 of section two hundred fifty-four of the racing, pari-mutuel wagering 31 and breeding law. 32 § 209-O. Retired and rescued standardbred race horse aftercare. Effec- 33 tive for any tax year commencing on or after the effective date of this 34 section, a taxpayer in any taxable year may elect to contribute to the 35 agriculture and New York horse breeding and development fund established 36 pursuant to section three hundred thirty of the racing, pari-mutuel 37 wagering and breeding law, for the purpose of funding the operation of 38 retired race horse aftercare facilities. Any contributions made to the 39 agriculture and New York state horse breeding development fund pursuant 40 to this section shall be deposited into a dedicated account managed by 41 the fund, which shall solely be used for funding the operation of 42 retired race horse aftercare facilities, with a preference for those 43 organizations that are accredited horse retirement and rescue programs. 44 Such contribution shall be in any whole dollar amount and shall not 45 reduce the amount of the state tax owed by such taxpayer. The commis- 46 sioner shall include space on the personal income tax return to enable a 47 taxpayer to make such contribution. Notwithstanding any other provision 48 of law, all revenues collected pursuant to this section shall be credit- 49 ed to the New York state standardbred retirement race horse and after- 50 care fund and shall be used only for those purposes enumerated in para- 51 graph j of subdivision one of section three hundred thirty-two of the 52 racing, pari-mutuel wagering and breeding law. 53 § 8. The tax law is amended by adding two new sections 630-i and 630-j 54 to read as follows: 55 § 630-i. Gifts for thoroughbred aftercare. Effective for any tax year 56 commencing on or after the effective date of this section, a taxpayer inS. 1442--A 6 1 any taxable year may elect to contribute to the New York state thorough- 2 bred breeding and development fund established pursuant to section two 3 hundred fifty-two of the racing, pari-mutuel wagering and breeding law, 4 for the purpose of funding the operation of retired race horse aftercare 5 facilities. Any contributions made to the thoroughbred breeding and 6 development fund pursuant to this section shall be deposited into a 7 dedicated account managed by the fund, which shall solely be used for 8 funding the operation of retired race horse aftercare facilities, with a 9 preference for those organizations that are accredited horse retirement 10 and rescue programs. Such contribution shall be in any whole dollar 11 amount and shall not reduce the amount of the state tax owed by such 12 taxpayer. The commissioner shall include space on the personal income 13 tax return to enable a taxpayer to make such contribution. Notwithstand- 14 ing any other provision of law, all revenues collected pursuant to this 15 section shall be credited to the New York state thoroughbred retirement 16 race horse and aftercare fund and shall be used only for those purposes 17 enumerated in paragraph h of subdivision two of section two hundred 18 fifty-four of the racing, pari-mutuel wagering and breeding law. 19 § 630-j. Gifts for standardbred aftercare. Effective for any tax year 20 commencing on or after the effective date of this section, a taxpayer in 21 any taxable year may elect to contribute to the agriculture and New York 22 horse breeding and development fund established pursuant to section 23 three hundred thirty of the racing, pari-mutuel wagering and breeding 24 law, for the purpose of funding the operation of retired race horse 25 aftercare facilities. Any contributions made to the agriculture and New 26 York horse breeding and development fund pursuant to this section shall 27 be deposited into a dedicated account managed by the fund, which shall 28 be solely used for funding the operation of retired race horse aftercare 29 facilities, with preference for those organizations that are accredited 30 horse retirement and rescue programs. Such contribution shall be in any 31 whole dollar amount and shall not reduce the amount of the state tax 32 owed by such taxpayer. The commissioner shall include space on the 33 personal income tax return to enable a taxpayer to make such contrib- 34 ution. Notwithstanding any other provision of law, all revenues 35 collected pursuant to this section shall be credited to the New York 36 state standardbred retirement race horse and aftercare fund and shall be 37 used only for those purposes enumerated in paragraph j of subdivision 38 one of section three hundred thirty-two of the racing, pari-mutuel 39 wagering and breeding law. 40 § 9. The New York state thoroughbred breeding and development fund and 41 the agriculture and New York state horse breeding development fund shall 42 expend appropriate resources to ensure that the public is made aware of 43 the prohibitions, penalties, and contribution opportunities established 44 by this act. 45 § 10. This act shall take effect immediately; provided that sections 46 two, three, six, seven and eight of this act shall take effect January 47 1, 2022, and shall apply to all fiscal years commencing on and after 48 such date.
