NY State Senate Bill 2017-S7691

Senate Bill S7691

2017-2018 Legislative Session

Establishes the advisory council on retired race horses, and provides for its powers and duties

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Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2018	referred to racing, gaming and wagering

co-Sponsors

2017-S7691 (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Add §103-a, RWB L

2017-S7691 (ACTIVE) - Summary

Establishes the advisory council on retired race horses, within the state gaming commission, and provides for its powers and duties.

2017-S7691 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7691

SPONSOR: VALESKY
 
TITLE OF BILL:  An act to amend the racing, pari-mutuel wagering and
breeding law, in relation to establishing the advisory council on
retired race horses, within the New York state gaming commission, and
providing for its powers and duties

 
PURPOSE:

To establish the Advisory Council on Retired Race Horses, within the New
York State Gaming Commission, to identify and encourage more productive
uses for racehorses after their use in the racing industry has ended.
This Commission will identify new work that is suitable for retired
racehorses so that the economic value of such animals remains stable, so
that they can remain alive and continue to have beneficial careers after
racing. Encouraging the retention in the value of these horses will help
to keep more of these animals alive after their racing careers have
ended and increase their ability to retire with dignity.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new Racing, Pari-mutuel Wagering and Breeding Law
section 103-a to establish a 13 member Advisory Council on Retired Race
Horses. The Council is to be co-chaired by the Chairperson of the Gaming
Commission and Commissioner of Agriculture and Markets.  The Governor
shall have 5 additional appointees, the Assembly Speaker and Senate
Majority Leader shall have 2 appointees a piece, and the respective
minority leaders shall have one appointment each.  Appointees should
have experience with: owning, breeding, or training horses; training
horses for uses other than racing; developing other potential farm
applications or other rural, suburban, or urban economic business appli-
cations for horses; and the utilization of horses for therapeutic uses.

The mission of such Council shall be to identify and make recommenda-
tions to promote the productive use of retired racehorses and to
increase the number of such uses that are available to such animals. In
addition, such mission shall include encouraging private/public partner-
ships to increase the placement of retired racehorses in areas of work
that are humane and beneficial to both human and animal.

The duties of the Council include:

- Promoting the proper care and treatment of retired racehorses in a
humane and productive manner.
-Advising the Gaming Commission, Department of Agriculture and Markets,
NYS Thoroughbred Breeding and Development Fund, and Agriculture and NYS
Breeding Development Fund on ways to promote the humane care and treat-
ment of such retired racehorses.
-Explore the possibility of developing a limited retired racehorse
tracking system to obtain useful information on the uses and ultimate
placement of such horses.
- Develop strategies to minimize the abandonment and unnecessary slaugh-
ter of such animals.

The Council shall investigate, study, and make recommendations on the
feasibility of promoting the reuse of retired racehorses in a manner
that expands the number of potential opportunities for the productive
use of such animals and for activities such as:
-Promoting the expanded therapeutic use of such horses in medical,
psychological, or rehabilitative care or treatment of patients.
-Possible expansion of the use of horses in federal, state, and local
correctional facilities and youth detention facilities.
-Supporting the Performance Horse Registry to help market the humane
sale of such animals.
-Supporting existing or establishing new Standardbred and thoroughbred
adoption programs
-Developing and promoting college, university, and secondary school
programs to utilize retired racehorses.
-analyze current methods to train racehorses and determine if training
regimens can be altered to facilitate the successful retraining of race
horses for other non-racing uses.

Not later than two years after the effective date of this act and for
every two years thereafter, the Council shall report to the Governor,
State Legislature, Commission, Department of Agriculture, and the two
breeding funds on its activities, findings, and recommendations.

 
EXISTING LAW:

Under New York law, there is no state agency or public entity that is
specifically charged with: helping to minimize race track and training
horse deaths, breakdowns, and the injury of such animals; advising the
Gaming Commission and the NYS Standardbred and Thoroughbred Breeding
Funds on how best to address this issue of humanely treating such
retired racehorses and minimizing horse injury and breakdowns on the
race course or race training tracks; and increasing the utilization of
retired racehorses for purposes other than slaughter. In 2005, the State
Legislature and Governor enacted Chapter 342, which established the NYS
Task Force Retired Race Horses. This Task Force conducted valuable
public and industry-wide outreach and produced a very high quality final
Report in December 2011. This report covered its deliberations, the
public roundtable meetings that it conducted, and provided recommenda-
tions to address the issues surrounding retired racehorses. The valuable
work conducted by this Task Force should be continued on a more perma-
nent basis.

 
JUSTIFICATION:

Race horses in this state provide millions of persons across the country
with a valuable entertainment forum. However, those racehorses, once
retired, often do not have bright prospects for future employment other
than the slaughterhouse. It has been pointed out that approximately 85
percent of all horses bred for racing are not going to be successful
racehorses. Further, only approximately 20 percent of racehorses earn
their keep from purses and another roughly 20 percent of most foal crops
go to slaughter. However, with a little retraining and horsemanship,
some of these horses could make the transition from the racetrack to the
riding ring and other gainful work.

The purpose of this Council is to identify new work that is suitable for
retired racehorses so that the economic value of the animal will be
higher than their value as meat. Increasing the value of such animals
will go a long way towards keeping such animals alive and increase their
ability to retire with dignity. Further, this Council should explore the
possibility of developing new markets to increase the value of retired
race horses.
The other aspect of this Council's work is to help provide a valuable
public forum and for those in the racing industry to arrive at public
policies that can help to minimize the increasing number of "horse
breakdowns" on and off the track, (i.e. fatal injuries that necessitate
the euthanizing of injured and suffering race horses on and off the
track). The work of this Council will provide invaluable service to the
Gaming Commission, Department of Agriculture and Markets, and to the two
horse breeding funds and to their efforts to increase the quality of
care that is provided to retired racehorses.

In New York, there are other examples of Advisory Councils that have
been established under New York Law that provide valuable assistance and
insight to policy makers in formulating public policy. Under the Public
Health Law, the Public Health and Health Planning Council was estab-
lished to provide advisory opinions to the Commissioner of Health and to
help the Commissioner of Health to adopt solid public health policy. In
addition, the NYS Council on the Arts is the State's expression that the
arts are an important part of the providing for the general welfare of
our citizenry. What this bill does is implement the same kind of advi-
sory council format to engage those who are knowledgeable in the area of
retired race horse care, and to create a forum so that such experiences
may be used to assist public policy makers in formulating and implement-
ing sound public policies to promote the humane care and treatment of
retired race horses.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate Retired Race Horses.

2017-S7691 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7691
 
                             I N  S E N A T E
 
                             February 8, 2018
                                ___________
 
 Introduced  by  Sens.  VALESKY, KLEIN -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Racing,  Gaming
   and Wagering
 
 AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
   relation to establishing the advisory council on retired race  horses,
   within  the  New  York  state gaming commission, and providing for its
   powers and duties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
 amended by adding a new section 103-a to read as follows:
   § 103-A. ADVISORY COUNCIL ON RETIRED RACE HORSES. 1. FOR THE  PURPOSES
 OF THIS SECTION:
   (A) "COUNCIL" MEANS THE ADVISORY COUNCIL ON RETIRED RACE HORSES ESTAB-
 LISHED IN THIS SECTION.
   (B)  "RETIRED  RACE  HORSE" MEANS (I) A NEW YORK-BRED THOROUGHBRED, AS
 DEFINED BY SUBDIVISION THREE OF SECTION TWO HUNDRED  FIFTY-ONE  OF  THIS
 CHAPTER, WHICH IS NO LONGER ENGAGED IN HORSE RACING; (II) A STANDARDBRED
 WHICH  MEETS THE STANDARD SET FORTH IN SECTION THREE HUNDRED THIRTY-FOUR
 OF THIS CHAPTER, WHICH IS NO LONGER ENGAGED IN HORSE  RACING;  OR  (III)
 ANY  HORSE  THAT  IS  SPECIFICALLY  BRED  FOR  THE  INTENDED  PURPOSE OF
 THOROUGHBRED OR STANDARDBRED HORSE RACING, BUT WAS NEVER USED  IN  HORSE
 RACING.    THE  TERM  RETIRED  RACE  HORSE SHALL BE BROADLY CONSTRUED TO
 INCLUDE THOSE HORSES THAT WERE ACTUALLY USED IN RACING  AND  THOSE  THAT
 WERE BRED AND INTENDED TO BE SO USED BUT WERE NOT SO USED.
   2.  THERE IS HEREBY ESTABLISHED IN THE COMMISSION THE ADVISORY COUNCIL
 ON RETIRED RACE HORSES. THE  COUNCIL  SHALL  BE  COMPRISED  OF  THIRTEEN
 MEMBERS.  SUCH COUNCIL SHALL HAVE TWO EX-OFFICIO CO-CHAIRPERSONS, ONE OF
 WHOM SHALL BE THE CHAIR OF THE COMMISSION AND THE OTHER OF WHOM SHALL BE
 THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, OR THEIR DESIGNEES.  FIVE
 MEMBERS SHALL BE  APPOINTED  BY  THE  GOVERNOR,  TWO  MEMBERS  SHALL  BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO MEMBERS SHALL BE
 APPOINTED  BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER SHALL BE APPOINTED
 BY THE MINORITY LEADER OF THE SENATE, AND ONE MEMBER SHALL BE  APPOINTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14296-03-8

 S. 7691                             2
 
 BY  THE  MINORITY  LEADER OF THE ASSEMBLY.  THE MEMBERS APPOINTED TO THE
 COUNCIL SHALL SERVE TERMS OF FIVE YEARS; PROVIDED, HOWEVER, THAT OF  THE
 MEMBERS  INITIALLY APPOINTED TO THE COUNCIL: ONE MEMBER APPOINTED BY THE
 GOVERNOR  AND  THE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE
 SHALL SERVE TERMS OF ONE YEAR; ONE MEMBER APPOINTED BY THE GOVERNOR, ONE
 MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED TO TERMS  OF
 TWO YEARS; ONE MEMBER APPOINTED BY THE GOVERNOR AND ONE MEMBER APPOINTED
 BY  THE  SPEAKER  OF  THE ASSEMBLY SHALL BE APPOINTED FOR TERMS OF THREE
 YEARS; ONE MEMBER APPOINTED BY THE GOVERNOR AND ONE MEMBER APPOINTED  BY
 THE  TEMPORARY  PRESIDENT  OF THE SENATE SHALL BE APPOINTED FOR TERMS OF
 FOUR YEARS; AND ONE MEMBER APPOINTED BY  THE  GOVERNOR  AND  THE  MEMBER
 APPOINTED  BY  THE  MINORITY LEADER OF THE ASSEMBLY SHALL SERVE TERMS OF
 FIVE YEARS. ALL INITIALLY APPOINTED MEMBERS  OF  THE  COUNCIL  SHALL  BE
 APPOINTED  WITHIN  ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION.  THE APPOINTED MEMBERS OF SUCH COUNCIL SHALL BE  REPRESENTATIVE
 OF:  (A)  OWNERS, BREEDERS AND TRAINERS OF STANDARDBRED AND THOROUGHBRED
 HORSES, (B) PERSONS WITH EXPERTISE IN TRAINING  HORSES  FOR  USES  OTHER
 THAN  RACING,  SUCH  AS  RIDING SCHOOLS, STEEPLECHASE COMPETITIONS, SHOW
 HORSE COMPETITIONS AND OTHER RECREATIONAL USES, (C) PERSONS WITH EXPERI-
 ENCE IN THE POTENTIAL FARM APPLICATIONS  OR  OTHER  RURAL,  SUBURBAN  OR
 URBAN  ECONOMIC BUSINESS APPLICATIONS FOR HORSES, AND (D) PERSONS FAMIL-
 IAR WITH THE USE OF HORSES  FOR  RECREATIONAL  OR  THERAPEUTIC  USES  IN
 EITHER  PRIVATE,  PUBLIC  HEALTH,  COLLEGE,  UNIVERSITY  OR CORRECTIONAL
 FACILITY SETTINGS.  ANY VACANCY ON SUCH COUNCIL SHALL BE FILLED  BY  THE
 ORIGINAL  APPOINTING AUTHORITY. COUNCIL MEMBERS SHALL RECEIVE NO COMPEN-
 SATION FOR THEIR SERVICES, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECES-
 SARY TRAVEL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   3. THE MISSION OF THE COUNCIL IS TO IDENTIFY AND MAKE  RECOMMENDATIONS
 TO PROMOTE THE PRODUCTIVE USE OF RETIRED RACE HORSES AND TO INCREASE THE
 NUMBER  OF  SUCH  HORSES  MADE  AVAILABLE FOR SUCH USES AND SO USED. THE
 COUNCIL SHALL DEVELOP AND IDENTIFY NEW AND INNOVATIVE IDEAS AND  METHODS
 THAT  CAN  UTILIZE  PRIVATE AND PUBLIC FUNDING SOURCES OR PUBLIC/PRIVATE
 PARTNERSHIPS TO PLACE RETIRED RACE HORSES IN SUCH PRODUCTIVE AND BENEFI-
 CIAL USES, AND TO INCREASE BOTH THE NUMBER OF HORSES  SO  USED  AND  THE
 SCALE AND VARIETY OF SUCH USES.
   4. THE COUNCIL SHALL BE RESPONSIBLE FOR:
   (A)  PROMOTING THE PROPER CARE AND TREATMENT OF RETIRED RACE HORSES IN
 A HUMANE AND PRODUCTIVE MANNER;
   (B)  ADVISING  THE  COMMISSION,  THE  DEPARTMENT  OF  AGRICULTURE  AND
 MARKETS,  THE  NEW YORK STATE THOROUGHBRED BREEDING AND DEVELOPMENT FUND
 AND THE AGRICULTURE AND NEW YORK STATE BREEDING DEVELOPMENT FUND ON WAYS
 TO PROMOTE THE HUMANE CARE AND TREATMENT  OF  SUCH  HORSES  AFTER  THEIR
 RACING  CAREERS  ARE  OVER  VIA PUBLIC POLICIES, FUNDING ALLOCATIONS AND
 SPECIFIC COURSES OF ACTION THAT CAN BE TAKEN TO  REDUCE  THE  NUMBER  OF
 RACE  TRACK FATALITIES AND INJURIES DURING THE CONDUCT OF RACE MEETS AND
 TRAINING;
   (C) EXPLORE THE POSSIBILITY OF DEVELOPING A LIMITED RETIRED RACE HORSE
 TRACKING SYSTEM TO OBTAIN USEFUL INFORMATION ON THE  USES  AND  ULTIMATE
 PLACEMENT  OF  SUCH  HORSES  AFTER THEIR RACING CAREERS HAVE ENDED. SUCH
 INFORMATION MAY BE SHARED WITH THE COMMISSION, THE DEPARTMENT  OF  AGRI-
 CULTURE AND MARKETS, THE NEW YORK STATE THOROUGHBRED BREEDING AND DEVEL-
 OPMENT FUND, AND THE AGRICULTURE AND NEW YORK STATE BREEDING DEVELOPMENT
 FUND  SO AS TO ASSIST SUCH ENTITIES IN THEIR DUTIES TO ENSURE THE HUMANE
 CARE AND TREATMENT OF RETIRED RACE HORSES, AND TO DEVELOP STRATEGIES  TO

 S. 7691                             3
 
 ENHANCE  THE HUMANE AND PRODUCTIVE USE OF SUCH HORSES AFTER THEIR RACING
 CAREERS HAVE ENDED; AND
   (D)  THE  DEVELOPMENT  OF  STRATEGIES  TO MINIMIZE THE ABANDONMENT AND
 UNNECESSARY SLAUGHTER OF SUCH RETIRED RACE HORSES.
   5. THE COUNCIL SHALL INVESTIGATE, STUDY AND  MAKE  RECOMMENDATIONS  ON
 THE  FEASIBILITY  OF  PROMOTING  THE  REUSE  OF RETIRED RACE HORSES IN A
 MANNER THAT EXPANDS  THE  NUMBER  OF  POTENTIAL  OPPORTUNITIES  FOR  THE
 PRODUCTIVE  FUTURE  USE  OF SUCH ANIMALS AND FOR ACTIVITIES SUCH AS, BUT
 NOT LIMITED TO:
   (A) PROMOTING AND FACILITATING A LARGER MARKET FOR  THE  PURCHASE  AND
 SALE OF RETIRED RACE HORSES;
   (B)  PROMOTING  THE  EXPANDED  THERAPEUTIC  USE  OF SUCH HORSES IN THE
 MEDICAL, PSYCHOLOGICAL, OR REHABILITATIVE CARE OR TREATMENT OF PATIENTS;
   (C) THE EXPANSION OF THE USE OF HORSES AT FEDERAL,  STATE,  AND  LOCAL
 CORRECTIONAL  FACILITIES  AND  YOUTH  DETENTION  FACILITIES TO TRAIN THE
 INMATES THEREOF FOR CAREERS, AFTER THEIR RELEASE, IN THE  RACING  INDUS-
 TRY, IN THE CARE OF HORSES FOR RECREATIONAL PURPOSES, OR AS LARGE ANIMAL
 VETERINARY ASSISTANTS OR TECHNICIANS;
   (D)  SUPPORTING  THE  WORK  OF  THE  PERFORMANCE HORSE REGISTRY OF THE
 UNITED STATES EQUESTRIAN FEDERATION TO HELP TO MARKET AND SELL A  HIGHER
 VOLUME  OF  SUCH HORSES BY INFORMING PROSPECTIVE PURCHASERS OF THE PEDI-
 GREES OF THE HORSES UNDER CONSIDERATION AND THE SUITABILITY OF THE HORS-
 ES FOR THE PROSPECTIVE PURCHASERS' INTENDED USES;
   (E) SUPPORTING EXISTING OR ESTABLISHING NEW STANDARDBRED AND THOROUGH-
 BRED ADOPTION PROGRAMS THAT MAY BE SUPPORTED  BY  PRIVATE  DONATIONS  OR
 RACING INDUSTRY FUNDING SOURCES;
   (F)  STUDYING  AND ULTIMATELY PROMOTING THE ALTERATION OF CURRENT RACE
 HORSE TRAINING REGIMENS SO THAT RETIRED RACE HORSES CAN MORE READILY  BE
 RETRAINED FOR OTHER ECONOMICALLY VIABLE USES;
   (G)  DEVELOPING  AND  PROMOTING COLLEGE, UNIVERSITY, SECONDARY SCHOOL,
 BOCES, CORRECTIONAL OR OTHER EDUCATIONAL INTERNSHIP PROGRAMS  TO  SUPPLY
 STUDENTS  TO STAFF PROGRAMS THAT PROMOTE THE MAINTENANCE OF RETIRED RACE
 HORSES OR THAT FACILITATE THE MARKETABILITY OF RETIRED RACE HORSES;
   (H) FACILITATING THE RETRAINING AND FINANCING  OF  THE  RETRAINING  OF
 RETIRED RACE HORSES TO BE USED FOR OTHER PURPOSES; AND
   (I) OTHER POTENTIAL USES FOR RETIRED RACE HORSES.
   6.  NOT  LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION
 AND EVERY TWO YEARS THEREAFTER, THE COUNCIL SHALL REPORT TO  THE  GOVER-
 NOR,  THE LEGISLATURE, THE COMMISSION, THE DEPARTMENT OF AGRICULTURE AND
 MARKETS, THE NEW YORK STATE THOROUGHBRED BREEDING AND DEVELOPMENT  FUND,
 AND  THE AGRICULTURE AND NEW YORK STATE BREEDING DEVELOPMENT FUND ON ITS
 ACTIVITIES, FINDINGS, AND RECOMMENDATIONS.
   § 2. This act shall take effect immediately.

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Senate Bill S7691

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Sponsored By

David J. Valesky