Bill Text: NY S05168 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 5168 (Prior Session Legislation)

Bill Title: Defines a commercial equine operation as an agricultural enterprise, consisting of at least seven acres and stabling at least ten horses, regardless of ownership, that receives more than ten thousand dollars or more annually from fees generated through provision of commercial equine activities or production for sale of crops or livestock; includes commercial equine operation in the definition of a farm operation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-08-03 - SIGNED CHAP.384 [S05168 Detail]

Download: New_York-2011-S05168-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5168
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to  commer-
         cial equine operation in agriculture districts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 11  of  section  301  of  the  agriculture  and
    2  markets  law,  as amended by chapter 120 of the laws of 2010, is amended
    3  and a new subdivision 17 is added to read as follows:
    4    11. "Farm operation" means the land and on-farm buildings,  equipment,
    5  manure  processing and handling facilities, and practices which contrib-
    6  ute to the production, preparation and marketing of crops, livestock and
    7  livestock products as a commercial enterprise, including  a  "commercial
    8  horse  boarding  operation"  as  defined in subdivision thirteen of this
    9  section, a "timber operation" as defined in subdivision fourteen of this
   10  section [and], "compost, mulch or other biomass  crops"  as  defined  in
   11  subdivision sixteen of this section AND "COMMERCIAL EQUINE OPERATION" AS
   12  DEFINED  IN  SUBDIVISION  SEVENTEEN OF THIS SECTION. Such farm operation
   13  may consist of one or more  parcels  of  owned  or  rented  land,  which
   14  parcels may be contiguous or noncontiguous to each other.
   15    17.  "COMMERCIAL  EQUINE  OPERATION" MEANS AN AGRICULTURAL ENTERPRISE,
   16  CONSISTING OF AT LEAST SEVEN ACRES AND STABLING  AT  LEAST  TEN  HORSES,
   17  REGARDLESS  OF  OWNERSHIP, THAT RECEIVES TEN THOUSAND DOLLARS OR MORE IN
   18  GROSS RECEIPTS ANNUALLY FROM FEES GENERATED  THROUGH  THE  PROVISION  OF
   19  COMMERCIAL  EQUINE  ACTIVITIES  INCLUDING,  BUT  NOT  LIMITED  TO RIDING
   20  LESSONS, TRAIL RIDING ACTIVITIES OR TRAINING OF HORSES  OR  THROUGH  THE
   21  PRODUCTION  FOR  SALE  OF  CROPS,  LIVESTOCK, AND LIVESTOCK PRODUCTS, OR
   22  THROUGH BOTH THE PROVISION OF SUCH COMMERCIAL EQUINE ACTIVITIES AND SUCH
   23  PRODUCTION. UNDER NO CIRCUMSTANCES SHALL THIS SUBDIVISION  BE  CONSTRUED
   24  TO  INCLUDE  OPERATIONS  WHOSE PRIMARY ON SITE FUNCTION IS HORSE RACING.
   25  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, AN AGRICULTURAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10926-01-1
       S. 5168                             2
    1  ENTERPRISE THAT IS PROPOSED OR IN ITS FIRST OR SECOND YEAR OF  OPERATION
    2  MAY  QUALIFY AS A COMMERCIAL EQUINE OPERATION IF IT CONSISTS OF AT LEAST
    3  SEVEN ACRES AND STABLES AT LEAST TEN HORSES, REGARDLESS OF OWNERSHIP, BY
    4  THE END OF THE FIRST YEAR OF OPERATION.
    5    S 2. This act shall take effect immediately.