Assembly Bill A8997A

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

                                 8997--A

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced by M. of A. GLICK, MOSLEY, ROSENTHAL, COOK, GOTTFRIED, FINCH,
  LUPINACCI -- read once and referred to the Committee on Ways and Means
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the state finance law, in relation to  the  creation  of
  the  responsible  retirement  of racehorses fund; to amend the racing,
  pari-mutuel wagering and breeding law, in relation to a  horse  regis-
  tration fee; and to amend the agriculture and markets law, in relation
  to the responsible retirement of racehorses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding  a  new  section
95-h to read as follows:
  S  95-H. RESPONSIBLE RETIREMENT OF RACEHORSES FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE SOLE CUSTODY OF  THE  COMMISSIONER  OF  TAXATION  AND
FINANCE  A  SPECIAL  FUND  TO BE KNOWN AS THE "RESPONSIBLE RETIREMENT OF
RACEHORSES FUND". MONIES IN THE FUND SHALL BE KEPT SEPARATE FROM AND NOT
COMMINGLED WITH OTHER FUNDS HELD IN THE SOLE CUSTODY OF THE COMMISSIONER
OF TAXATION AND FINANCE.
  2. (A) SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPART-
MENT OF TAXATION AND FINANCE PURSUANT TO PARAGRAPH (B) OF THIS  SUBDIVI-
SION  AND ALL OTHER MONEY APPROPRIATED, CREDITED, OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING CONTAINED HEREIN
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
  (B) THE SOURCES OF THE "RESPONSIBLE  RETIREMENT  OF  RACEHORSES  FUND"
SHALL BE AS FOLLOWS:
  (I)  ONE-HALF  OF  ONE  PERCENT  OF THE COMMISSIONS FROM VIDEO LOTTERY
GAMING REVENUE FROM NEW YORK'S TRACKS AND RESORTS WORLD CASINO NEW  YORK
CITY  AND  ANY  VIDEO LOTTERY GAMING ADDED AFTER THIS SECTION SHALL HAVE
BECOME A LAW;
  (II) ONE-HALF OF ONE PERCENT OF ALL  PURSES  AT  THE  NEW  YORK  STATE
TRACKS;

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

                                                           LBD13233-04-4

A. 8997--A                          2

  (III)  FIVE  PERCENT  OF  THE NEW YORK STATE THOROUGHBRED BREEDING AND
DEVELOPMENT FUND ANNUAL REVENUE; AND
  (IV)  TEN  PERCENT  OF  FEES GENERATED BY THE AGRICULTURE AND NEW YORK
STATE HORSE BREEDING DEVELOPMENT FUND PURSUANT TO SECTION THREE  HUNDRED
THIRTY OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
  3.  THE MONEYS IN SAID ACCOUNT SHALL BE RETAINED BY THE FUND AND SHALL
BE PAYABLE FROM THE FUND BY THE COMMISSIONER OF TAXATION AND FINANCE  ON
VOUCHERS  CERTIFIED  OR  APPROVED BY THE COMMISSIONER OF AGRICULTURE AND
MARKETS OR HIS OR HER DESIGNEE AND ONLY FOR THE PURPOSES  SET  FORTH  IN
THIS SECTION.
  4.  THE  MONEYS  IN  SUCH  FUND  SHALL  BE EXPENDED FOR THE PURPOSE OF
SUPPORTING RESPONSIBLE HORSE RETIREMENT OF THOROUGHBREDS  AND  STANDARD-
BREDS  IN NEW YORK STATE.  ELIGIBLE HORSE RETIREMENT AND RESCUE PROGRAMS
ARE THOSE APPROVED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS.
  S 2. Section 330 of the racing, pari-mutuel wagering and breeding  law
is amended by adding a new subdivision 6 to read as follows:
  6. THE FUND IS DIRECTED TO ESTABLISH A HORSE REGISTRATION FEE FOR EACH
HORSE REGISTERED PURSUANT TO THIS CHAPTER, WITH THE PROCEEDS OF SUCH FEE
TO BE CREDITED TO THE FUND.
  S  3.    The  agriculture  and  markets law is amended by adding a new
section 380 to read as follows:
  S 380. RESPONSIBLE RETIREMENT OF RACEHORSES.   1.    THE  COMMISSIONER
SHALL  COMPILE  A  LIST OF APPROVED HORSE RETIREMENT AND RESCUE PROGRAMS
ELIGIBLE TO RECEIVE FUNDING FROM THE RESPONSIBLE RETIREMENT OF RACEHORS-
ES FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-FIVE-H  OF  THE  STATE
FINANCE  LAW.  THE  ELIGIBILITY  OF A RESCUE PROGRAM SHALL BE DETERMINED
BASED UPON THE ECONOMIC SUSTAINABILITY OF THE RESCUE, THE RESCUE'S  LONG
TERM  STABILITY,  THE RESCUE'S DEMONSTRATION OF AN ONGOING COMMITMENT TO
THE PROPER CARE OF HORSES, AND SUCH OTHER FACTORS  AS  THE  COMMISSIONER
SHALL  DEEM  APPROPRIATE  AFTER CONSULTATION WITH THE FARM BUREAU, HORSE
BREEDER ASSOCIATIONS AND SOCIETIES FOR  THE  PREVENTION  OF  CRUELTY  TO
ANIMALS  AND  HUMANE SOCIETIES.  ALL APPROVED RESCUES MUST BE NON-PROFIT
ORGANIZATIONS WHICH ARE TAX-EXEMPT PURSUANT TO THE PROVISIONS OF SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE.
  2. FOR PURPOSES OF THIS SECTION THE TERM RACEHORSE SHALL  INCLUDE  THE
FOLLOWING:
  (A)  "NEWLY  RETIRED"  MEANS  HORSES THAT HAVE STOPPED RACING AND HAVE
LEFT THE TRACK FOR UP TO SIX MONTHS. HORSES LEAVING THE TRACK SHOULD  BE
EVALUATED  FOR  PHYSICAL  AND  BEHAVIORAL  SOUNDNESS  BY THE TRAINER AND
VETERINARIAN ASSOCIATED WITH THE HORSE TO DETERMINE THE INITIAL  RETIRE-
MENT CLASSIFICATION.
  (B) "INITIAL RETIREMENT CLASSIFICATIONS" MEANS:
  I.  "PERFORMANCE  SPORT RETIRED" MEANS A HORSE WHOSE RACING CAREER HAS
CONCLUDED BUT WHO HAS BEEN DETERMINED TO BE PHYSICALLY AND  BEHAVIORALLY
SUITABLE  FOR  SECOND  PERFORMANCE  BASED  CAREERS  IN RIDING OR DRIVING
ACTIVITIES, WHETHER THEY BE HIGH PERFORMANCE  COMPETITIVE  OR  DEMANDING
PLEASURE SPORT USE.
  II.  "PLEASURE  SPORT  RETIRED"  MEANS A HORSE WHOSE RACING CAREER HAS
CONCLUDED BUT NOT WHO HAS BEEN DETERMINED TO BE  PHYSICALLY  AND  BEHAV-
IORALLY  SUITABLE  FOR  SECOND  PERFORMANCE-BASED  CAREERS THAT ARE LESS
DEMANDING SUCH AS PLEASURE SPORT TRAIL RIDING, RIDING LESSONS AND THERA-
PEUTIC RIDING USE.
  III. "COMPANION  RETIRED"  MEANS  A  HORSE  WHOSE  RACING  CAREER  HAS
CONCLUDED  AND  HAS  BEEN  DETERMINED  TO BE PHYSICALLY AND BEHAVIORALLY
SUITABLE FOR SERVICE AS A COMPANION ANIMAL.  THIS  SERVICE  MAY  INCLUDE
LIMITED LIGHT RIDING AT THE WALK BUT IS OFTEN CONFINED TO PASTURE ANIMAL

A. 8997--A                          3

COMPANION  STATUS  AND/OR  SERVICE SUCH AS NON-RIDING THERAPEUTIC ACTIV-
ITIES.  COMPANION RETIRED HORSES CAN LIVE PRODUCTIVE LIVES BUT MAY  WELL
REQUIRE  MANAGEMENT  CARE  (MEDICAL  AND/OR NUTRITIONAL) THAT MAKES THEM
UNSUITABLE TO PERFORMANCE OR PLEASURE SPORT USE.
  IV.  "FULLY  RETIRED"  MEANS A HORSE WHOSE RACING CAREER HAS CONCLUDED
AND HAS BEEN DETERMINED TO BE PHYSICALLY AND BEHAVIORALLY UNSUITABLE FOR
PERFORMANCE OR COMPANION RETIRED STATUS. FULLY RETIRED HORSES MAY  STILL
LIVE  PRODUCTIVE  LIVES  IF PASTURE SOUND IN FULL PASTURE RETIREMENT BUT
MAY REQUIRE MANAGEMENT CARE FOR BEHAVIORAL, PHYSICAL AND/OR  NUTRITIONAL
CHALLENGES.
  (C) "FORMER RACEHORSE" MEANS A HORSE WHOSE RACING CAREER HAS CONCLUDED
AT LEAST SIX MONTHS PRIOR AND WHO WILL NOT BE RACING IN THE FUTURE.
  (D)  "UNRACED HORSE" MEANS A RACEHORSE THAT WAS BRED TO RACE BUT NEVER
COMPETED IN A RACE. IT MAY HAVE BEEN IN RACE TRAINING AND FAILED TO SHOW
ABILITY OR SUFFERED AN INJURY BEFORE OR DURING TRAINING. ANOTHER  COMMON
SCENARIO  IS  THE  HORSE  WAS BRED WITH INTENT TO RACE BUT CIRCUMSTANCES
PREVENTED IT FROM ENTERING TRAINING. FOR INSTANCE, THE OWNER OR  BREEDER
LACKED  THE  RESOURCES  TO PUT THE HORSE IN TRAINING, OR THE YOUNG HORSE
MAY HAVE HAD AN INJURY PRECLUDING IT FROM A RACING CAREER BUT  NOT  FROM
ALTERNATIVE PURSUITS.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.