S T A T E   O F   N E W   Y O R K
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                                  4415

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03915-03-5

              

S. 4415                             2

  (II) ONE-HALF OF ONE PERCENT OF ALL  PURSES  AT  THE  NEW  YORK  STATE
TRACKS;
  (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 A
HORSE WHOSE RACING CAREER HAS CONCLUDED OR A HORSE THAT WAS BRED TO RACE
BUT HAS NEVER COMPETED IN A RACE.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.