Senate Bill S4287

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4287
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2019
                                ___________
 
 Introduced  by  Sens. LAVALLE, ADDABBO, SEPULVEDA, TEDISCO -- 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-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

 S. 4287                             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.