S T A T E   O F   N E W   Y O R K
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                                 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.