S T A T E O F N E W Y O R K
________________________________________________________________________
894
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. GLICK, L. ROSENTHAL, COOK, GOTTFRIED, FAHY --
Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the
Committee on Ways and Means
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-j to read as follows:
§ 95-J. 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.
LBD05045-01-9
A. 894 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.
§ 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.
§ 3. The agriculture and markets law is amended by adding a new
section 381 to read as follows:
§ 381. 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-J 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.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.