S T A T E   O F   N E W   Y O R K
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                                  3253

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. HAWLEY -- read once and referred to the Committee
  on Racing and Wagering

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to requiring transfer of all veterinary records of a  claimed
  racehorse from the owner to the claimant within forty-eight hours from
  the time the claim is finalized

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

  Section 1.  Legislative  Intent.  The  legislature  hereby  finds  and
declares  that  it  is in the best public policy interests of the state,
its businesses and its citizens to ensure that, to the  greatest  extent
possible,  the  letter and spirit of its thoroughbred racing regulations
aimed at protecting the health of New York's racehorses as well  as  the
jockeys,  trainers,  and owners, are enforced and enacted for any person
doing business in the New York state racing industry.
  Measures to improve safety and health are necessary responses  to  the
"New  York  Task  Force on Racehorse Health and Safety" established as a
result of the fatalities of twenty-one racehorses at Aqueduct Race Track
during a four month period in 2011 and 2012. The task force stated  that
because  horses are regularly sold in claiming races and due to the lack
of transferring veterinary records at the time of sale, "horses are  put
at  increased  risk  of  repeated,  and potentially unnecessary invasive
joint therapies." This increased risk  was  evidenced  in  the  official
report  by the task force which noted the deaths of two racehorses could
have been prevented because "it is unlikely that the trainer  was  aware
of  any  medical treatments that may have occurred prior to his claiming
the horse. This may have  compromised  the  trainer's  ability  to  make
informed decisions with regard to medication administrations."
  Despite  recommendations  by  the  task force, little has been done to
mitigate the problems even through the policy change is in the  interest
of  the  New  York Racing Association, and the New York State Racing and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02274-01-5
              

A. 3253                             2

Wagering Board. The policy change has also obtained wide-spread  support
from the American Association of Equine Practitioners, who stated in the
official  report, "AAEP supports the position that when a horse is sold,
any  known invasive surgery, disease, injury or congenital defect, which
is not apparent, should be disclosed to the intended buyer by the  owner
and/or  agent."  This  state of affairs places unnecessary danger on the
racehorses and the jockeys of all the horses in  claiming  races  across
the  state.  This  legislature  further  declares that it is in the best
interest of the state to adopt policies  that  promote  the  health  and
safety  of racehorses through improved disclosure and sharing of veteri-
narian records.
  S 2. The racing, pari-mutuel wagering and breeding law is  amended  by
adding a new section 258 to read as follows:
  S  258.  TRANSFER  OF  VETERINARY  RECORDS  FOR CLAIMED RACEHORSES. 1.
DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "CLAIMING RACE" MEANS A RACE IN WHICH EVERY HORSE RUNNING IN  SUCH
RACE MAY BE CLAIMED.
  (B)  "CLAIMANT"  MEANS A PERSON OR ENTITY WHO SUCCESSFULLY BECOMES THE
OWNER OF A HORSE IN A CLAIMING RACE.
  (C) "OWNER" AS APPLIED TO THE RACING OF A HORSE  MEANS,  ANY  MANAGING
OWNER,  A RACING OWNER, A PART OWNER, A LESSOR OR LESSEE AND MAY COMPRO-
MISE ONE OR MORE PEOPLE IN A  PARTNERSHIP  OR  ANY  FORM  OF  COLLECTIVE
OWNERSHIP.
  (D) "PRACTICING VETERINARIAN" MEANS A LICENSED VETERINARIAN WHO TREATS
ANY RACEHORSE.
  (E)  "RACEHORSE"  MEANS  ANY  THOROUGHBRED REGISTERED OR QUALIFIED FOR
REGISTRATION BY THE JOCKEY CLUB.
  (F) "VETERINARY RECORDS" MEANS ANY RECORD OF VETERINARY CARE  ADMINIS-
TERED BY A LICENSED, PRACTICING VETERINARIAN.
  2.  IN  ORDER  TO ENSURE THE PUBLIC'S CONFIDENCE AND CONTINUE THE HIGH
DEGREE OF INTEGRITY AND SAFETY IN  RACING  AT  THE  PARI-MUTUEL  BETTING
TRACKS,  VETERINARY RECORDS FOR ALL CLAIMED RACEHORSES IN CLAIMING RACES
MUST BE TRANSFERRED FROM THE OWNER  OF  THE  RACEHORSE  OR  THE  OWNER'S
AUTHORIZED AGENT TO THE CLAIMANT. THIS TRANSFER MUST BE COMPLETED WITHIN
FORTY-EIGHT  HOURS  OF  THE  TIME THAT THE CLAIM IS FINALIZED. THE STATE
RACING AND WAGERING BOARD SHALL PROMULGATE  ANY  RULES  AND  REGULATIONS
NECESSARY  TO  IMPLEMENT  THE  PROVISIONS OF THIS SECTION, INCLUDING ANY
VOIDABLE CLAIMS AND ADMINISTRATIVE PENALTIES NECESSARY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized to be made on or before such effective date.