senate Bill S5168A

Signed By Governor
2011-2012 Legislative Session

Defines a commercial equine operation and includes commercial equine operation in the definition of a farm operation

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.384
Jul 22, 2011 delivered to governor
Jun 23, 2011 returned to senate
passed assembly
ordered to third reading rules cal.614
substituted for a7744a
Jun 14, 2011 referred to agriculture
delivered to assembly
passed senate
Jun 01, 2011 amended on third reading 5168a
May 17, 2011 advanced to third reading
May 16, 2011 2nd report cal.
May 11, 2011 1st report cal.620
May 03, 2011 referred to agriculture

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5168 - Bill Details

See Assembly Version of this Bill:
A7744A
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §301, Ag & Mkts L

S5168 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S5168

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to commercial
equine operation in agriculture districts

PURPOSE OF GENERAL IDEA OF BILL:
This bill would recognize the contributions to the agricultural
industry of "commercial equine operations" by providing these
operations with eligibility access to agricultural district
protections and an agricultural assessment pursuant to Agriculture
and Markets law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 301 of Agriculture and Markets law is amended in the following
manner:

Subsection 11 is amended to include "commercial equine operations"
within the definition of "farm operation" and thereby would have
access to agricultural district protections and an agricultural
assessment, provided that the commercial equine operation meets
certain eligibility criteria.

Subsection 17 is amended to outline the eligibility criteria for
access by "commercial equine operations." To gain agricultural
district protections and an agricultural assessment, these operations
must consist of at least seven acres and stable at least ten horses,
regardless of ownership. They must also receive ten thousand dollars
or more in gross receipts annually from fees generated through the
provision of commercial equine activities including, but not limited
to, riding lessons, trail riding activities or training of horses or
through the production for sale of crops, livestock, and livestock
products.

JUSTIFICATION:
Commercial horse boarding operations already have access to
agricultural district protections and agricultural assessment tax
relief if they consist of at least seven acres, board ten horses and
gross $10,000. This legislation would provide similar benefits to
comparable operations that provide horse training, trail riding and
riding lessons, in addition to boarding.

According to the National Agricultural Statistical Service's (NASS)
Equine Survey from 2005 (the latest survey available), there are
approximately 200,000 horses in New York, with a value of $1.83
billion. Over all, total equine-related assets, held by owners, are
valued at approximately $10 billion.

Total annual revenue to the New York economy from equine businesses is
approximately $450 million annually. A large portion of this total
comes from revenues generated by providing equine services, such as
boarding, trail riding, riding lessons, training and therapeutic
riding. As of now, however, Agriculture and Markets law does not
recognize "commercial equine operations" as agriculture in New York
State.


PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

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                    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:

  Section 1. Subdivision 11  of  section  301  of  the  agriculture  and
markets  law,  as amended by chapter 120 of the laws of 2010, is amended
and a new subdivision 17 is added to read as follows:
  11. "Farm operation" means the land and on-farm buildings,  equipment,
manure  processing and handling facilities, and practices which contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including  a  "commercial
horse  boarding  operation"  as  defined in subdivision thirteen of this
section, a "timber operation" as defined in subdivision fourteen of this
section [and], "compost, mulch or other biomass  crops"  as  defined  in
subdivision sixteen of this section AND "COMMERCIAL EQUINE OPERATION" AS
DEFINED  IN  SUBDIVISION  SEVENTEEN OF THIS SECTION. Such farm operation
may consist of one or more  parcels  of  owned  or  rented  land,  which
parcels may be contiguous or noncontiguous to each other.
  17.  "COMMERCIAL  EQUINE  OPERATION" MEANS AN AGRICULTURAL ENTERPRISE,
CONSISTING OF AT LEAST SEVEN ACRES AND STABLING  AT  LEAST  TEN  HORSES,
REGARDLESS  OF  OWNERSHIP, THAT RECEIVES TEN THOUSAND DOLLARS OR MORE IN
GROSS RECEIPTS ANNUALLY FROM FEES GENERATED  THROUGH  THE  PROVISION  OF
COMMERCIAL  EQUINE  ACTIVITIES  INCLUDING,  BUT  NOT  LIMITED  TO RIDING
LESSONS, TRAIL RIDING ACTIVITIES OR TRAINING OF HORSES  OR  THROUGH  THE
PRODUCTION  FOR  SALE  OF  CROPS,  LIVESTOCK, AND LIVESTOCK PRODUCTS, OR
THROUGH BOTH THE PROVISION OF SUCH COMMERCIAL EQUINE ACTIVITIES AND SUCH
PRODUCTION. UNDER NO CIRCUMSTANCES SHALL THIS SUBDIVISION  BE  CONSTRUED
TO  INCLUDE  OPERATIONS  WHOSE PRIMARY ON SITE FUNCTION IS HORSE RACING.
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

ENTERPRISE THAT IS PROPOSED OR IN ITS FIRST OR SECOND YEAR OF  OPERATION
MAY  QUALIFY AS A COMMERCIAL EQUINE OPERATION IF IT CONSISTS OF AT LEAST
SEVEN ACRES AND STABLES AT LEAST TEN HORSES, REGARDLESS OF OWNERSHIP, BY
THE END OF THE FIRST YEAR OF OPERATION.
  S 2. This act shall take effect immediately.

S5168A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7744A
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §301, Ag & Mkts L

S5168A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S5168A

TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to
commercial equine operation in agriculture districts

PURPOSE OR GENERAL IDEA OF BILL:
This bill would recognize the contributions to the agricultural
industry of "commercial equine operations" by providing these
operations with eligibility access to agricultural district
protections and an agricultural assessment pursuant to Agriculture and
Markets law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 301 of Agriculture and Markets law is amended in the following
manner:

Subsection 11 is amended to include "commercial equine operations"
within the definition of "farm operation" and thereby would have
access to agricultural district protections and an agricultural
assessment, provided that the commercial equine operation meets
certain eligibility criteria.

Subsection 17 is amended to outline the eligibility criteria for
access by "commercial equine operations." To gain agricultural
district protections and an agricultural assessment, these operations
must consist of at least seven acres and stable at least ten horses,
regardless of ownership. They must also receive ten thousand dollars
or more in gross receipts annually from fees generated through the
provision of commercial equine activities including, but not limited
to, riding lessons, trail riding activities or training of horses or
through the production for sale of crops, livestock, and livestock
products.

JUSTIFICATION:
Commercial horse boarding operations already have access to
agricultural district protections and agricultural assessment tax
relief if they consist of at least seven acres, board ten horses and
gross $10,000. This legislation would provide similar benefits to
comparable operations that provide horse training, trail riding and
riding lessons, in addition to boarding.

According to the National Agricultural Statistical Service's (NASS)
Equine Survey from 2005 (the latest survey available), there are
approximately 200,000 horses in New York, with a value of $1.83
billion. Over all, total equine-related assets, held by owners, are
valued at approximately $10 billion.

Total annual revenue to the New York economy from equine businesses is
approximately $450 million annually. A large portion of this total
comes from revenues generated by providing equine services, such as
boarding, trail riding, riding lessons, training and therapeutic
riding. As of now, however, Agriculture and Markets law does not
recognize "commercial equine operations" as agriculture in New York
State.


PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5168--A
    Cal. No. 620

                       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  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a 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 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:

  Section  1.  Subdivision  11  of  section  301  of the agriculture and
markets law, as amended by chapter 120 of the laws of 2010,  is  amended
and a new subdivision 17 is added to read as follows:
  11.  "Farm operation" means the land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which  contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock  products  as a commercial enterprise, including a "commercial
horse boarding operation" as defined in  subdivision  thirteen  of  this
section, a "timber operation" as defined in subdivision fourteen of this
section  [and],  "compost,  mulch  or other biomass crops" as defined in
subdivision sixteen of this section AND "COMMERCIAL EQUINE OPERATION" AS
DEFINED IN SUBDIVISION SEVENTEEN OF THIS SECTION.  Such  farm  operation
may  consist  of  one  or  more  parcels  of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.
  17. "COMMERCIAL EQUINE OPERATION" MEANS  AN  AGRICULTURAL  ENTERPRISE,
CONSISTING  OF  AT  LEAST  SEVEN ACRES AND STABLING AT LEAST TEN HORSES,
REGARDLESS OF OWNERSHIP, THAT RECEIVES TEN THOUSAND DOLLARS OR  MORE  IN
GROSS  RECEIPTS  ANNUALLY  FROM  FEES GENERATED THROUGH THE PROVISION OF
COMMERCIAL EQUINE  ACTIVITIES  INCLUDING,  BUT  NOT  LIMITED  TO  RIDING
LESSONS,  TRAIL  RIDING  ACTIVITIES OR TRAINING OF HORSES OR THROUGH THE
PRODUCTION FOR SALE OF CROPS,  LIVESTOCK,  AND  LIVESTOCK  PRODUCTS,  OR
THROUGH BOTH THE PROVISION OF SUCH COMMERCIAL EQUINE ACTIVITIES AND SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10926-04-1

S. 5168--A                          2

PRODUCTION.  UNDER  NO CIRCUMSTANCES SHALL THIS SUBDIVISION BE CONSTRUED
TO INCLUDE OPERATIONS WHOSE PRIMARY ON SITE FUNCTION  IS  HORSE  RACING.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, AN AGRICULTURAL
ENTERPRISE  THAT IS PROPOSED OR IN ITS FIRST OR SECOND YEAR OF OPERATION
MAY QUALIFY AS A COMMERCIAL EQUINE OPERATION IF IT CONSISTS OF AT  LEAST
SEVEN ACRES AND STABLES AT LEAST TEN HORSES, REGARDLESS OF OWNERSHIP, BY
THE END OF THE FIRST YEAR OF OPERATION.
  S  2.  Subdivision 4 of section 301 of the agriculture and markets law
is amended by adding a new paragraph 1 to read as follows:
  1. LAND THAT IS OWNED OR RENTED BY A FARM OPERATION IN  ITS  FIRST  OR
SECOND  YEAR  OF  AGRICULTURAL PRODUCTION OR IN THE CASE OF A COMMERCIAL
EQUINE OPERATION, IN  ITS  FIRST  OR  SECOND  YEAR  OF  OPERATION,  THAT
CONSISTS  OF NOT LESS THAN SEVEN ACRES AND STABLING AT LEAST TEN HORSES,
REGARDLESS OF OWNERSHIP, THAT RECEIVES TEN THOUSAND DOLLARS OR  MORE  IN
GROSS  RECEIPTS  ANNUALLY  FROM  FEES GENERATED THROUGH THE PROVISION OF
COMMERCIAL EQUINE  ACTIVITIES  INCLUDING,  BUT  NOT  LIMITED  TO  RIDING
LESSONS,  TRAIL  RIDING  ACTIVITIES OR TRAINING OF HORSES OR THROUGH THE
PRODUCTION FOR SALE OF CROPS,  LIVESTOCK,  AND  LIVESTOCK  PRODUCTS,  OR
THROUGH BOTH THE PROVISION OF SUCH COMMERCIAL EQUINE ACTIVITIES AND SUCH
PRODUCTION.  UNDER  NO CIRCUMSTANCES SHALL THIS SUBDIVISION BE CONSTRUED
TO INCLUDE OPERATIONS WHOSE PRIMARY ON SITE FUNCTION IS HORSE RACING.
  S 3. This act shall take effect immediately.

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