Bill Text: NY S01974 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 3-0)

Status: (Engrossed - Dead) 2020-01-22 - PRINT NUMBER 1974B [S01974 Detail]

Download: New_York-2019-S01974-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1974
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 18, 2019
                                       ___________
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Racing, Gaming and  Wager-
          ing
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06983-01-9
        S. 1974                             2
     1  other rural economic business applications for horses, and  (c)  persons
     2  familiar with the use of horses for recreational or therapeutic uses.
     3    2. The members of the commission on retired racehorses shall serve for
     4  terms of two years each.
     5    3. Every member of the commission on retired racehorses shall serve at
     6  the  pleasure of the official who appointed him or her. Vacancies in the
     7  membership of such commission shall be filled in the manner provided for
     8  original appointments.
     9    4. The members of the commission on retired racehorses  shall  receive
    10  no  compensation  for  their services, but shall be allowed their actual
    11  and necessary expenses incurred  in  the  performance  of  their  duties
    12  pursuant to this section.
    13    §  711.  Powers and duties of commission. 1. The commission on retired
    14  racehorses, in cooperation with the gaming commission, shall be  respon-
    15  sible for the oversight of retired racehorses, including the tracking of
    16  such  racehorses.  For the purposes of this article, a retired racehorse
    17  shall mean (a) a New York-bred thoroughbred as  defined  by  subdivision
    18  three of section two hundred fifty-one of this chapter which is no long-
    19  er  engaged in horseracing or (b) a standardbred which meets or ever met
    20  the standards set forth in subdivision  one  of  section  three  hundred
    21  thirty-four  of  this  chapter  and  which is no longer engaged in horse
    22  racing.
    23    2. The commission on  retired  racehorses,  in  cooperation  with  the
    24  gaming  commission,  shall be responsible for the creation of a registry
    25  which would track retired racehorses. Such registry shall include infor-
    26  mation provided  by  each  owner  and  subsequent  owner  of  a  retired
    27  racehorse,  as provided in section seven hundred twelve of this article.
    28  Notwithstanding any other provision of law, the  commission  on  retired
    29  racehorses  shall  maintain  and update this registry. The commission on
    30  retired racehorses may access any relevant information in the registries
    31  designated and administered by the New York state thoroughbred  breeding
    32  and development fund and the agriculture and New York state horse breed-
    33  ing development fund.
    34    3.  The  commission  on  retired racehorses shall work with the gaming
    35  commission to identify methods by which the information in  the  retired
    36  racehorse  registry  may  be  utilized  to address the well-being and/or
    37  employment of retired racehorses, including but not limited  to  strate-
    38  gies  to  address  the  issue of abandoned racehorses and to prevent the
    39  slaughter of retired racehorses. The commission  on  retired  racehorses
    40  shall also furnish related future recommendations regarding the funding,
    41  care and treatment of retired racehorses. Such recommendations and rele-
    42  vant  data  that  support such recommendations shall be submitted to the
    43  gaming commission, the governor, the temporary president of the  senate,
    44  the  chair  of  the  senate  racing,  gaming and wagering committee, the
    45  speaker of the assembly and the chair of the assembly racing and  wager-
    46  ing committee no less often than biannually.
    47    4.  The  commission  on  retired racehorses shall work with the gaming
    48  commission to publish on the gaming commission website at least quarter-
    49  ly, in such forms as the gaming commission may deem proper, a report  of
    50  aggregate  data from the retired racehorse registry including the number
    51  of retired racehorses and any other information which the gaming commis-
    52  sion may deem proper. Such report shall also include information on  how
    53  to  report  violations as provided in subdivision three of section seven
    54  hundred twelve of this article to the commission on retired racehorses.
    55    5. The commission on retired racehorses shall share  with  the  gaming
    56  commission  any suspected violations as provided in subdivision three of
        S. 1974                             3
     1  section seven hundred twelve of this article at a time and in  a  manner
     2  to be determined and prescribed by the gaming commission for the purpose
     3  of assessing civil penalties.
     4    §  712.  Reports  on  retired  racehorses. 1. Within seventy-two hours
     5  after any change in ownership regarding a  retired  racehorse,  the  new
     6  owner  or  owners of the horse shall report to the commission on retired
     7  racehorses that such ownership has changed and shall  file  a  statement
     8  listing  the  name  or  names  of  the  previous owner or owners and the
     9  license number of any license issued by the  gaming  commission  to  the
    10  previous  owner  or owners, the name or names, telephone number or tele-
    11  phone numbers and address or addresses of the new owner or  owners,  the
    12  license number of any license issued by the gaming commission to the new
    13  owner  or owners, the tattoo number of such horse and any other informa-
    14  tion which the commission on retired racehorses may require.
    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  five  hundred
    23  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 the one hundred eightieth day after
    32  it shall have become a law.