Bill Text: NY A03535 | 2019-2020 | General Assembly | Amended

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 4-0)

Status: (Engrossed - Dead) 2020-07-20 - REFERRED TO RULES [A03535 Detail]

Download: New_York-2019-A03535-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3535--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Racing and Wagering  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        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.
                                                                   LBD06983-04-9
        A. 3535--A                          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 four 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 in New York  state.  Such  registry
    26  shall include information provided by each owner and subsequent owner of
    27  a retired racehorse, as provided in section seven hundred twelve of this
    28  article.   Notwithstanding any other provision of law, the commission on
    29  retired racehorses shall maintain and update this registry. The  commis-
    30  sion  on  retired  racehorses may access any relevant information in the
    31  registries designated and administered by the New York  state  thorough-
    32  bred  breeding  and  development  fund  and the agriculture and New York
    33  state horse breeding development fund to facilitate  the  implementation
    34  of this article.
    35    3.  The  commission  on  retired racehorses shall work with the gaming
    36  commission to identify methods by which the information in  the  retired
    37  racehorse  registry  may  be  utilized  to address the well-being and/or
    38  employment of retired racehorses, including but not limited  to  strate-
    39  gies  to  address  the  issue of abandoned racehorses and to prevent the
    40  slaughter of retired racehorses. The commission  on  retired  racehorses
    41  shall also furnish related future recommendations regarding the funding,
    42  care and treatment of retired racehorses. Such recommendations and rele-
    43  vant  data  that  support such recommendations shall be submitted to the
    44  gaming commission for publication on their website.
    45    4. The commission on retired racehorses shall  work  with  the  gaming
    46  commission to publish on the gaming commission website at least quarter-
    47  ly,  in such forms as the gaming commission may deem proper, a report of
    48  aggregate data from the retired racehorse registry including the  number
    49  of retired racehorses and any other information which the gaming commis-
    50  sion  may deem proper. Such report shall also include information on how
    51  to report violations as provided in subdivision three of  section  seven
    52  hundred twelve of this article to the commission on retired racehorses.
    53    5.  The  commission  on retired racehorses shall share with the gaming
    54  commission any suspected violations as provided in subdivision three  of
    55  section  seven  hundred twelve of this article at a time and in a manner
        A. 3535--A                          3
     1  to be determined and prescribed by the gaming commission for the purpose
     2  of assessing civil penalties.
     3    §  712.  Reports  on  retired  racehorses. 1. Within seventy-two hours
     4  after any change in ownership regarding a retired racehorse, boarded  in
     5  New  York  state  during any part of the calendar year, the new owner or
     6  owners of the horse shall report to the commission on retired racehorses
     7  that such ownership has changed and shall file a statement  listing  the
     8  name  or names of the previous owner or owners and the license number of
     9  any license issued by the gaming commission to  the  previous  owner  or
    10  owners,  the  name  or  names, telephone number or telephone numbers and
    11  address or addresses of the new owner or owners, the license  number  of
    12  any  license issued by the gaming commission to the new owner or owners,
    13  the tattoo number of such horse and  any  other  information  which  the
    14  commission  on  retired  racehorses may require. In the event that there
    15  are multiple owners of a retired racehorse,  one  designated  owner  may
    16  register on behalf of all owners.
    17    2.  Within  seventy-two  hours after the death of a retired racehorse,
    18  the owner or owners of the horse shall report such death to the  commis-
    19  sion  on retired racehorses and shall file a statement including a death
    20  certificate by a licensed veterinarian and any other  information  which
    21  the commission on retired racehorses may require.
    22    3. Any sole or joint owner of a retired racehorse who is a resident of
    23  the state and who fails to file a statement required to be filed by this
    24  section  shall  be  subject to a civil penalty not to exceed two hundred
    25  fifty dollars for each violation.
    26    § 2. Severability. If any clause,  sentence,  subdivision,  paragraph,
    27  section or part of this act be adjudged by any court of competent juris-
    28  diction to be invalid, such judgement shall not affect, impair or inval-
    29  idate  the  remainder thereof, but shall be confined in its operation to
    30  the clause, sentence, subdivision, paragraph, section  or  part  thereof
    31  directly  involved in the controversy in which such judgement shall have
    32  been rendered.
    33    § 3. This act shall take effect on April 1, 2020.