NY State Senate Bill S1442B

Current Bill Status - Signed by Governor

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

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Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 01, 2021	approval memo.50 signed chap.645
Nov 19, 2021	delivered to governor
Jun 09, 2021	returned to senate passed assembly ordered to third reading rules cal.658 substituted for a4154b
Jun 01, 2021	referred to agriculture returned to assembly repassed senate
May 24, 2021	amended on third reading 1442b
May 19, 2021	amended on third reading (t) 1442a
May 19, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Feb 03, 2021	referred to agriculture delivered to assembly passed senate
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.87
Jan 12, 2021	referred to racing, gaming and wagering

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S1442 - Details

See Assembly Version of this Bill:: A4154
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §382, Ag & Mkts L; amd §§225, 251, 254, 332 & 334, RWB L; add §§209-N, 209-O, 630-i & 630-j, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S7719, A9989

S1442 - Summary

Relates to the aftercare of retired race horses; prohibits the slaughter of race horses and race horse breeding stock; requires that race horses be microchipped; provides for gifts for thoroughbred aftercare on tax returns.

S1442 - Sponsor Memo

 
BILL NUMBER: S1442

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
prohibition of the slaughter of race horses and race horse breeding
stock; to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring race horses to be microchipped; and to amend the
tax law, in relation to gifts for thoroughbred aftercare

 
PURPOSE:

The purpose of this legislation is to ensure the prohibition of inhumane
slaughter of retired race horses and breeding stock. The legislation
also increases access to funding for appropriate care of retired race
horses by: (i) ensuring that monies generated by enforcement will be
dedicated to the aftercare of retired race horses; and (ii) allowing New
York individuals and corporations to make voluntary contributions dedi-
cated to funding aftercare programs.  The bill will also increase Gaming
Commission insight into transfer of horse ownership information, by
requiring microchipping of all race horses in New York, and that such

information be provided to the Commission.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the agriculture and markets law to expressly prohibit
the slaughter of race horses and breeding stock. Violations of this
prohibition are subject to civil penalty that will be dedicated to funds
supporting the care of retired race horses and breeding stock. Violators
will be denied Gaming Commission licenses, and barred from receiving
breeding awards.

Sections 2, 3, and 6. Amends the racing, pari-mutuel wagering and breed-
ing law to require that all horses seeking to race in New York, and all
horses to be used for race horse breeding purposes, shall first be
microchipped, consistent with the Jockey Club registration rules, and
that such microchipping information be provided to the Gaming Commis-
sion.

Sections 4 & 5 clarify that the thoroughbred and standardbred breeding
funds shall have a dedicated set-aside for aftercare programs, and
restricts dollars raised through collection of penalties or receipts of
contributions specifically for race horse aftercare.

Sections 7 & 8 amend the tax law to allow individual and corporate
taxpayers to contribute to the support of accredited aftercare facili-
ties.

Section 9. Mandates a public education campaign to inform the public
about the prohibitions, penalties, and contribution opportunities estab-
lished by this legislation.

Section 10. Establishes effective date.

 
JUSTIFICATION:

Every stakeholder in the horseracing industry shares the responsibility
of ensuring safe and healthy lives for race horses after they have
retired. The thoroughbred racing industry, in particular, has taken
major steps towards this effort, but the State has an obligation to
ensure greater participation. This legislation will build upon the
recent awareness and successes by: (i) microchipping all race horses so
they can be tracked, (ii) preventing New York's horses from being sent
to slaughter facilities and kill pens,(iii) promoting accredited horse
retirement and rescue programs in New York State, and (iv) establishing
a tax check-off on individual and corporate franchise returns that will
bring much needed awareness and funding for retired race horses.

 
LEGISLATIVE HISTORY:

2020: Passed the Senate

 
FISCAL IMPLICATIONS:

None to the State of New York.

 
EFFECTIVE DATE:
This act shall take effect in the next fiscal year, except those
provisions pertaining to the prohibition of slaughtering horses and
assessing penalties therefor, which shall take effect immediately, and
the requirement that the breeding funds engage in educational campaigns,
shall take effect immediately.

S1442 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1442
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   prohibition of the slaughter of race horses and  race  horse  breeding
   stock;  to amend the racing, pari-mutuel wagering and breeding law, in
   relation to requiring race horses to be microchipped; and to amend the
   tax law, in relation to gifts for thoroughbred aftercare
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 382 to read as follows:
   § 382. PROHIBITION OF THE SLAUGHTER OF  RACE  HORSES  AND  RACE  HORSE
 BREEDING  STOCK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL
 BE UNLAWFUL FOR ANY PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY TO
 SLAUGHTER OR HAVE ANOTHER PERSON,  CORPORATION,  ASSOCIATION,  OR  OTHER
 ENTITY SLAUGHTER A RACE HORSE OR RACE HORSE BREEDING STOCK FOR A COMMER-
 CIAL PURPOSE.
   2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
 FOR ANY PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY TO:
   (A) IMPORT, EXPORT, SELL, OFFER TO SELL OR BARTER, TRANSFER, PURCHASE,
 POSSESS, TRANSPORT, DELIVER, OR RECEIVE  A  RACE  HORSE  OR  RACE  HORSE
 BREEDING STOCK WITH THE INTENT OF SLAUGHTERING OR HAVING ANOTHER PERSON,
 CORPORATION,  ASSOCIATION,  OR OTHER ENTITY SLAUGHTER SUCH RACE HORSE OR
 RACE HORSE BREEDING STOCK; OR
   (B) IMPORT, EXPORT, SELL, OFFER TO SELL OR BARTER, TRANSFER, PURCHASE,
 POSSESS, TRANSPORT, DELIVER, OR RECEIVE  A  RACE  HORSE  OR  RACE  HORSE
 BREEDING  STOCK,  WHERE  SUCH PERSON, CORPORATION, ASSOCIATION, OR OTHER
 ENTITY KNOWS, OR THROUGH THE EXERCISE OF  REASONABLE  DILIGENCE,  SHOULD
 HAVE  KNOWN,  THAT  ANOTHER  PERSON,  CORPORATION, ASSOCIATION, OR OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05854-01-1

 S. 1442                             2
 
 ENTITY INTENDED TO SLAUGHTER SUCH RACE  HORSE  OR  RACE  HORSE  BREEDING
 STOCK.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A) "RACE HORSE" SHALL MEAN:
   (I)  A  THOROUGHBRED HORSE WHICH MEETS OR EVER MET THE STANDARDS TO BE
 ELIGIBLE TO RACE AT ANY TRACK LICENSED TO OPERATE  PURSUANT  TO  ARTICLE
 TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR
   (II)  A STANDARDBRED HORSE WHICH MEETS OR EVER MET THE STANDARDS TO BE
 ELIGIBLE TO RACE AT ANY TRACK LICENSED TO OPERATE  PURSUANT  TO  ARTICLE
 THREE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW;
   (B) "RACE HORSE BREEDING STOCK" SHALL MEAN: ANY MARE OR STALLION USED,
 OR  INTENDED  TO  EVER BE USED, TO PRODUCE A FOAL THAT IS INTENDED TO BE
 USED AS A RACE HORSE AS DEFINED IN THIS SUBDIVISION, AS WELL AS THE FOAL
 BRED BY SUCH A MARE OR STALLION.
   (C) "SLAUGHTER" SHALL MEAN THE POSSESSION, IMPORTATION INTO OR  EXPOR-
 TATION  FROM  THE  STATE,  OR  THE SALE, PURCHASE, DONATION, HOLDING, OR
 ACCEPTANCE OF ANY RACE HORSE OR  RACE  HORSE  BREEDING  STOCK  WITH  THE
 INTENT OF KILLING, OR HAVING ANOTHER KILL, THAT RACE HORSE OR RACE HORSE
 BREEDING  STOCK, IF THAT PERSON KNOWS OR SHOULD HAVE KNOWN THAT ANY PART
 OF THAT RACE HORSE OR RACE HORSE BREEDING STOCK WILL BE USED  FOR  HUMAN
 OR ANIMAL CONSUMPTION.
   4.  (A)  A  VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY A
 FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS PER EACH RACE HORSE OR  RACE
 HORSE  BREEDING  STOCK  FOR  AN INDIVIDUAL PERSON AND UP TO TEN THOUSAND
 DOLLARS PER EACH RACE HORSE OR RACE HORSE BREEDING STOCK  FOR  A  CORPO-
 RATION, ASSOCIATION OR OTHER ENTITY, FOR THE FIRST VIOLATION. ANY SUBSE-
 QUENT  VIOLATION  SHALL  BE  PUNISHABLE  BY A CIVIL PENALTY OF UP TO TEN
 THOUSAND DOLLARS PER EACH RACE HORSE OR RACE HORSE BREEDING STOCK FOR AN
 INDIVIDUAL PERSON AND UP TO TWENTY THOUSAND DOLLARS PER EACH RACE  HORSE
 OR  RACE  HORSE  BREEDING STOCK FOR A CORPORATION, ASSOCIATION, OR OTHER
 ENTITY.
   (B) A VIOLATION OF THIS SECTION  WILL  RESULT  IN  THE  IMMEDIATE  AND
 PERMANENT REVOCATION OF ANY NEW YORK STATE GAMING COMMISSION LICENSE, AS
 WELL  AS THE VIOLATOR BEING PERMANENTLY INELIGIBLE TO RECEIVE ANY AWARDS
 PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OR THREE HUNDRED  THIRTY-FOUR
 OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   5.(A)  ANY  AND  ALL CIVIL PENALTIES COLLECTED PURSUANT TO A VIOLATION
 INVOLVING A THOROUGHBRED HORSE SHALL BE REMITTED TO THE NEW  YORK  STATE
 THOROUGHBRED  BREEDING  AND  DEVELOPMENT  FUND  ESTABLISHED  PURSUANT TO
 SECTION TWO HUNDRED FIFTY-TWO OF THE RACING,  PARI-MUTUEL  WAGERING  AND
 BREEDING  LAW,  AND  SHALL  BE  DEPOSITED  BY THAT FUND INTO A DEDICATED
 ACCOUNT TO BE SPENT BY THE FUND SOLELY FOR THE PURPOSE OF  THE  CARE  OF
 RETIRED  RACE  HORSES, CONSISTENT WITH PARAGRAPH H OF SUBDIVISION TWO OF
 SECTION TWO HUNDRED FIFTY-FOUR OF THE RACING, PARI-MUTUEL  WAGERING  AND
 BREEDING LAW.
   (B)  ANY  AND  ALL  CIVIL  PENALTIES COLLECTED PURSUANT TO A VIOLATION
 INVOLVING A STANDARDBRED HORSE OR RACE HORSE  BREEDING  STOCK  SHALL  BE
 REMITTED  TO  THE AGRICULTURE AND NEW YORK STATE HORSE BREEDING DEVELOP-
 MENT FUND ESTABLISHED PURSUANT TO SECTION THREE HUNDRED  THIRTY  OF  THE
 RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, AND SHALL BE DEPOSITED BY
 THAT  FUND  INTO A DEDICATED ACCOUNT, TO BE SPENT BY THE FUND SOLELY FOR
 THE PURPOSE OF THE CARE OF RETIRED RACE HORSES,  CONSISTENT  WITH  PARA-
 GRAPH  J  OF  SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THE
 RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH AND EVERY OWNER OF
 A RACE HORSE THAT HAS COMPETED IN NEW YORK STATE  ON  OR  AFTER  JANUARY

 S. 1442                             3
 
 FIRST,  TWO  THOUSAND  TWENTY-TWO,  OR ANY OTHER HORSE USED FOR BREEDING
 PURPOSES IN NEW YORK STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-TWO, SHALL BE LIABLE FOR ANY VIOLATION OF THIS SECTION, UNLESS  THERE
 IS  PROPER  DOCUMENTATION  OF A TRANSFER OF OWNERSHIP, AND THAT TRANSFER
 MUST BE TO A PARTY WITH NO FINANCIAL OR  FAMILIAL  RELATIONSHIP  TO  THE
 OWNER.
   § 2. Section 225 of the racing, pari-mutuel wagering and breeding law,
 as  amended  by  chapter  243 of the laws of 2020, is amended to read as
 follows:
   § 225. Registration of race horses. The true name, sex  and  age,  and
 also  the  pedigree,  unless  such  pedigree is unknown, of every horse,
 mare, gelding, colt or filly shall be registered with the  jockey  club,
 United  States trotting association, American quarter horse association,
 the national steeplechase and hunt association or such other  entity  as
 the  commission  may designate before it shall be eligible to compete in
 any race conducted under a license or franchise of  the  commission  and
 such  name  shall continue to be its true name unless and until the same
 shall be changed according to the rules and regulations of  such  organ-
 ization.   The class to which any such animal belongs for the purpose of
 the entry or competition in any race shall be determined by  the  public
 performance thereof in former contests or trials of speed, as prescribed
 by  the printed rules of the person, association or corporation sponsor-
 ing such race. NO HORSE, MARE, GELDING, COLT OR FILLY SHALL BE  ELIGIBLE
 TO  COMPETE  IN ANY RACE, UNLESS IT IS FIRST MICROCHIPPED AND REGISTERED
 WITH THE   JOCKEY CLUB, UNITED  STATES  TROTTING  ASSOCIATION,  AMERICAN
 QUARTER  HORSE  ASSOCIATION,  THE NATIONAL STEEPLECHASE AND HUNT ASSOCI-
 ATION OR SUCH OTHER ENTITY, AS APPLICABLE  AND  AS  THE  COMMISSION  MAY
 DESIGNATE.  ALL MICROCHIP INFORMATION SHALL BE PROVIDED AND AVAILABLE TO
 THE PUBLIC IN DIGITAL FORMAT ACCESSIBLE FROM THE INTERNET.
   § 3. Subdivision 3 of section 251 of the racing, pari-mutuel  wagering
 and  breeding  law,  as  amended  by  chapter 18 of the laws of 2008, is
 amended to read as follows:
   3. "New York-bred." A thoroughbred which is registered in the registry
 designated and administered by such fund in accordance with  such  rules
 concerning  domicile and registration requirements as may be established
 by the fund, INCLUDING THAT EACH MARE,  STALLION,  AND  FOAL  BE  MICRO-
 CHIPPED  AND  REGISTERED  PURSUANT TO SECTION TWO HUNDRED TWENTY-FIVE OF
 THIS ARTICLE, and: was on  or  before  December  thirty-first,  nineteen
 hundred  eighty,  foaled in this state; or is on or after January first,
 nineteen hundred eighty-one, either: (i) sired by a  New  York  stallion
 and  foaled from a mare domiciled in this state; (ii) foaled from a mare
 domiciled in this state which mare has been serviced back exclusively by
 a New York stallion in the year of such foaling; or (iii)  on  or  after
 January first, nineteen hundred ninety-five foaled from a mare domiciled
 in  New York. [The fund shall report to the governor and the legislature
 on or before December fifteenth, nineteen hundred ninety-nine effects of
 paragraph (iii) of this subdivision  on  the  New  York  state  breeding
 industry.]
   §  4. Subdivision 2 of section 254 of the racing, pari-mutuel wagering
 and breeding law is amended by adding a  new  paragraph  h  to  read  as
 follows:
   H.  AN  AMOUNT  AS  SHALL  BE  DETERMINED  BY THE FUND FOR THE CARE OF
 RETIRED HORSES, PROVIDED, HOWEVER, SUCH AMOUNTS SHALL BE ALLOCATED  FROM
 A  DEDICATED  ACCOUNT MAINTAINED BY THE FUND SUPPORTED BY THE COLLECTION
 OF FINES ASSESSED PURSUANT TO SECTION THREE HUNDRED  EIGHTY-TWO  OF  THE
 AGRICULTURE  AND MARKETS LAW AND CONTRIBUTIONS MADE PURSUANT TO SECTIONS

 S. 1442                             4
 
 TWO HUNDRED NINE-N AND SIX HUNDRED THIRTY-I OF THE TAX LAW, AND THE FUND
 SHALL NOT BE REQUIRED TO MAKE ANY ALLOCATIONS FOR SUCH PURPOSES THAT ARE
 IN EXCESS OF THE AMOUNT COLLECTED PURSUANT TO THOSE SECTIONS DURING  THE
 PRECEDING  YEAR.  IN  MAKING  SUCH  ALLOCATIONS, THE FUND SHALL CONSIDER
 WHETHER THE POTENTIAL RECIPIENT  ORGANIZATION  IS  AN  ACCREDITED  HORSE
 RETIREMENT AND RESCUE PROGRAM.
   §  5. Subdivision 1 of section 332 of the racing, pari-mutuel wagering
 and breeding law is amended by adding a  new  paragraph  j  to  read  as
 follows:
   J.  AN  AMOUNT  AS  SHALL  BE  DETERMINED  BY THE FUND FOR THE CARE OF
 RETIRED HORSES, PROVIDED, HOWEVER, SUCH AMOUNTS SHALL BE ALLOCATED  FROM
 A  DEDICATED  ACCOUNT  TO  BE FUNDED BY THE COLLECTION OF FINES ASSESSED
 PURSUANT TO SECTION THREE HUNDRED  EIGHTY-TWO  OF  THE  AGRICULTURE  AND
 MARKETS LAW.
   §  6.  The  opening  paragraph  of subdivision 1 of section 334 of the
 racing, pari-mutuel wagering and breeding law, as amended by chapter  90
 of the laws of 2006, is amended to read as follows:
   The  fund  is further authorized and directed to conduct each year, at
 the New York state exposition, with the approval of the director of  the
 exposition, or at any licensed pari-mutuel track in New York state, with
 a  preference  given to any available licensed pari-mutuel track that is
 five-eighths of a mile long or larger, colt, stake and overnight  events
 for  standardbred  horses to provide contests for two year old and three
 year old colts and fillies at each gait  of  trotting  and  pacing.  The
 colt, stake and overnight events so conducted for two year old and three
 year old colts and fillies at each gait of trotting and pacing hereunder
 shall  be conditioned to admit only those colts and fillies dropped from
 a mare bred in this state and sired by a stallion owned  or  leased  and
 permanently standing for service at and within this state at the time of
 the said foal's conception, PROVIDED, HOWEVER, THAT SUCH MARE, STALLION,
 AND FOAL SHALL BE MICROCHIPPED WITH SUCH MICROCHIP INFORMATION AVAILABLE
 IN  A  PUBLICLY AVAILABLE DATABASE PURSUANT TO SECTION TWO HUNDRED TWEN-
 TY-FIVE OF THIS CHAPTER. Such colt, stake and overnight events shall  be
 opened  for  nomination not earlier than the first day of January in the
 year the event is to be held and  only  colts  and  fillies  and  horses
 complying  with the following standards shall be eligible for such nomi-
 nation:
   § 7. The tax law is amended by adding a new section 209-N to  read  as
 follows:
   §  209-N.  PROHIBITION  OF THE SLAUGHTER OF RACE HORSES AND RACE HORSE
 BREEDING STOCK. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON  OR  AFTER  THE
 EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT
 TO  CONTRIBUTE  TO THE NEW YORK STATE THOROUGHBRED BREEDING AND DEVELOP-
 MENT FUND ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FIFTY-TWO  OF  THE
 RACING,  PARI-MUTUEL WAGERING AND BREEDING LAW, FOR THE PURPOSE OF FUND-
 ING THE OPERATION  OF  RETIRED  RACE  HORSE  AFTERCARE  FACILITIES.  ANY
 CONTRIBUTIONS  MADE  TO  THE  THOROUGHBRED BREEDING AND DEVELOPMENT FUND
 PURSUANT TO THIS SECTION SHALL BE DEPOSITED  INTO  A  DEDICATED  ACCOUNT
 MANAGED  BY  THE FUND, WHICH SHALL SOLELY BE USED FOR FUNDING THE OPERA-
 TION OF RETIRED RACE HORSE AFTERCARE FACILITIES, WITH A  PREFERENCE  FOR
 THOSE  ORGANIZATIONS  THAT  ARE  ACCREDITED  HORSE RETIREMENT AND RESCUE
 PROGRAMS. SUCH CONTRIBUTION SHALL BE IN  ANY  WHOLE  DOLLAR  AMOUNT  AND
 SHALL  NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER. THE
 COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX  RETURN  TO
 ENABLE  A TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION  SHALL

 S. 1442                             5
 
 BE  CREDITED  TO  THE NEW YORK STATE RETIREMENT RACE HORSE AND AFTERCARE
 FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES SET FORTH IN PARAGRAPH  H
 OF  SUBDIVISION  TWO  OF  SECTION  TWO HUNDRED FIFTY-FOUR OF THE RACING,
 PARI-MUTUEL WAGERING AND BREEDING LAW.
   §  8.  The tax law is amended by adding a new section 630-i to read as
 follows:
   § 630-I. GIFTS FOR THOROUGHBRED AFTERCARE. EFFECTIVE FOR ANY TAX  YEAR
 COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN
 ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK STATE THOROUGH-
 BRED  BREEDING  AND DEVELOPMENT FUND ESTABLISHED PURSUANT TO SECTION TWO
 HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING  LAW,
 FOR THE PURPOSE OF FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE
 FACILITIES.  ANY  CONTRIBUTIONS  MADE  TO  THE THOROUGHBRED BREEDING AND
 DEVELOPMENT FUND PURSUANT TO THIS SECTION  SHALL  BE  DEPOSITED  INTO  A
 DEDICATED  ACCOUNT  MANAGED  BY THE FUND, WHICH SHALL SOLELY BE USED FOR
 FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE FACILITIES, WITH A
 PREFERENCE FOR THOSE ORGANIZATIONS THAT ARE ACCREDITED HORSE  RETIREMENT
 AND  RESCUE  PROGRAMS.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR
 AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE  TAX  OWED  BY  SUCH
 TAXPAYER.  THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE PERSONAL INCOME
 TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO  THIS
 SECTION  SHALL  BE  CREDITED TO THE NEW YORK STATE RETIREMENT RACE HORSE
 AND AFTERCARE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES  ENUMERATED
 IN  PARAGRAPH  H OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-FOUR OF
 THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   § 9. The New York state thoroughbred breeding and development fund and
 the agriculture and New  York  state  horse  breeding  development  fund
 shall, during calendar year 2021, expend appropriate resources to ensure
 that  the  public  is  made  aware  of  the prohibitions, penalties, and
 contribution opportunities established by this act.
   § 10. This act shall take immediately;  provided  that  sections  two,
 three,  six,  seven  and  eight of this act shall take effect January 1,
 2022, and shall apply to all fiscal years commencing on and  after  such
 date.

Co-Sponsors

view additional co-sponsors

S1442A - Details

See Assembly Version of this Bill:: A4154
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §382, Ag & Mkts L; amd §§225, 251, 254, 332 & 334, RWB L; add §§209-N, 209-O, 630-i & 630-j, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S7719, A9989

S1442A - Summary

S1442A - Sponsor Memo

 
BILL NUMBER: S1442A

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
prohibition of the slaughter of race horses and race horse breeding
stock; to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring race horses to be microchipped; and to amend the
tax law, in relation to gifts for thoroughbred and standardbred race
horse aftercare

 
PURPOSE:

The purpose of this legislation is to ensure the prohibition of inhumane
slaughter of retired race horses and breeding stock. The legislation
also increases access to funding for appropriate care of retired race
horses by: (i) ensuring that monies generated by enforcement will be
dedicated to the aftercare of retired race horses; and (ii) allowing New
York individuals and corporations to make voluntary contributions dedi-
cated to funding aftercare programs.  The bill will also increase Gaming
Commission insight into transfer of horse ownership information, by

requiring microchipping of all race horses in New York, and that such
information be provided to the Commission.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the agriculture and markets law to expressly prohibit
the slaughter of race horses and breeding stock for a commercial
purpose. Violations of this prohibition are subject to a misdemeanor
punishable by fines that will be dedicated to funds supporting the care
of retired race horses and breeding stock. A violation of this law would
subject a Gaming Commission licensee to a determination of any suspen-
sion or revocation of their license. The Commissioner of Agriculture and
Markets, in coordination the Gaming Commission and thoroughbred and
Standardbred breeding funds, will inform those affected by these
provisions about the change in law.

Sections 2, 3, and 6. Amends the racing, pari-mutuel wagering and breed-
ing law to require that all horses seeking to race in New York, and all
horses to be used for race horse breeding purposes, shall first be
microchipped, consistent with the Jockey Club registration rules, and
that such microchipping information. be provided to the Gaming Commis-
sion as needed.

Sections 4 & 5 clarify that the thoroughbred and standardbred breeding
funds shall have a dedicated set-aside for aftercare programs, and
restricts dollars raised through collection of penalties or receipts of
contributions specifically for race horse aftercare.

Sections 7 & 8 amend the tax law to allow individual and corporate
taxpayers to contribute to the support of accredited aftercare facili-
ties.

Section 9. Mandates a public education campaign to inform the public
about the prohibitions, penalties, and contribution opportunities estab-
lished by this legislation.

Section 10. Establishes effective date.
 
JUSTIFICATION:

Every stakeholder in the horseracing industry shares the responsibility
of ensuring safe and healthy lives for race horses after they have
retired. The thoroughbred racing industry, in particular, has taken
major steps towards this effort, but the State has an obligation to
ensure greater participation. This legislation will build upon the
recent awareness and successes by: (i) microchipping all race horses so
they can be tracked, (ii) preventing New York's horses from being sent
to slaughter facilities and kill pens, (iii) promoting accredited horse
retirement and rescue programs in New York State, and (iv) establishing
a tax check-off on individual and corporate franchise returns that will
bring much needed awareness and funding for retired race horses.

 
LEGISLATIVE HISTORY:

2020:Passed The Senate 2021:Passed The Senate

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect in the next fiscal year, except those
provisions pertaining to the prohibition of slaughtering horses and
assessing penalties therefor, which shall take effect immediately, and
the requirement that the breeding funds engage in educational campaigns,
shall take effect immediately.

S1442A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1442--A
     Cal. No. 87
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced by Sens. ADDABBO, BORRELLO, BROUK, GAUGHRAN, JACKSON, JORDAN,
   MANNION,  MAY,  PALUMBO,  SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Racing,  Gaming
   and  Wagering  --  reported  favorably from said committee, ordered to
   first and second report, ordered to a third reading, passed by  Senate
   and  delivered  to the Assembly, recalled, vote reconsidered, restored
   to third reading, amended and ordered reprinted, retaining  its  place
   in the order of third reading
 
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   prohibition of the slaughter of race horses and  race  horse  breeding
   stock;  to amend the racing, pari-mutuel wagering and breeding law, in
   relation to requiring race horses to be microchipped; and to amend the
   tax law, in relation to gifts for thoroughbred and  standardbred  race
   horse aftercare
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 section 382 to read as follows:
   §  382.  PROHIBITION  OF  THE  SLAUGHTER OF RACE HORSES AND RACE HORSE
 BREEDING STOCK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL
 BE UNLAWFUL FOR ANY PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY TO
 SLAUGHTER  OR  HAVE  ANOTHER  PERSON, CORPORATION, ASSOCIATION, OR OTHER
 ENTITY SLAUGHTER A HORSE FOR A  COMMERCIAL  PURPOSE  THAT  SUCH  PERSON,
 CORPORATION, ASSOCIATION OR OTHER ENTITY KNOWS TO HAVE BEEN A RACE HORSE
 OR RACE HORSE BREEDING STOCK.
   2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
 FOR ANY PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY WHO OWNS OR IS
 IN THE PROCESS OF TAKING OWNERSHIP OF A RACE HORSE OR RACE HORSE  BREED-
 ING  STOCK  TO  IMPORT, EXPORT, SELL, OFFER TO SELL OR BARTER, TRANSFER,
 PURCHASE, POSSESS, TRANSPORT, DELIVER, OR  RECEIVE,  OR  DIRECT  ANOTHER
 PERSON  TO  IMPORT,  EXPORT,  SELL,  OFFER  TO SELL OR BARTER, TRANSFER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05854-05-1

 S. 1442--A                          2
 
 PURCHASE, POSSESS, TRANSPORT, DELIVER, OR  RECEIVE  A  HORSE  THAT  SUCH
 PERSON,  CORPORATION,  ASSOCIATION  OR  OTHER  ENTITY KNOWS TO BE A RACE
 HORSE OR RACE HORSE BREEDING STOCK WITH THE INTENT  OF  SLAUGHTERING  OR
 HAVING ANOTHER PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY SLAUGH-
 TER SUCH RACE HORSE OR RACE HORSE BREEDING STOCK.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A) "RACE HORSE" SHALL MEAN:
   (I)  A  THOROUGHBRED HORSE WHICH MEETS OR EVER MET THE STANDARDS TO BE
 ELIGIBLE TO RACE AT ANY TRACK LICENSED TO OPERATE  PURSUANT  TO  ARTICLE
 TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR
   (II)  A STANDARDBRED HORSE WHICH MEETS OR EVER MET THE STANDARDS TO BE
 ELIGIBLE TO RACE AT ANY TRACK LICENSED TO OPERATE  PURSUANT  TO  ARTICLE
 THREE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW;
   (B) "RACE HORSE BREEDING STOCK" SHALL MEAN: ANY MARE OR STALLION USED,
 OR  INTENDED  TO  EVER BE USED, TO PRODUCE A FOAL THAT IS INTENDED TO BE
 USED AS A RACE HORSE AS DEFINED IN THIS SUBDIVISION, AS WELL AS THE FOAL
 BRED BY SUCH A MARE OR STALLION.
   (C) "SLAUGHTER" SHALL MEAN THE INTENTIONAL KILLING, OR HAVING  ANOTHER
 KILL,  A  RACE  HORSE OR RACE HORSE BREEDING STOCK, IF THAT PERSON KNOWS
 THAT THE PURPOSE OF SUCH KILLING IS USING ANY PART OF SUCH RACE HORSE OR
 RACE HORSE BREEDING STOCK FOR HUMAN  OR  ANIMAL  CONSUMPTION.    NOTHING
 HEREIN  SHALL  PROHIBIT  A  PERSON FROM LAWFUL DISPOSITION OF A DECEASED
 RACE HORSE OR RACE HORSE BREEDING STOCK OR ANY PART  OF  SUCH  HORSE  OR
 STOCK.
   4.  (A)  A  VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY A
 FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER EACH RACE HORSE  OR  RACE
 HORSE  BREEDING  STOCK  FOR  AN INDIVIDUAL PERSON AND UP TO TWO THOUSAND
 FIVE HUNDRED DOLLARS PER EACH RACE HORSE OR RACE  HORSE  BREEDING  STOCK
 FOR A CORPORATION, ASSOCIATION OR OTHER ENTITY, FOR THE FIRST VIOLATION.
 ANY  SUBSEQUENT  VIOLATION  SHALL  BE  PUNISHABLE BY A FINE OF UP TO TWO
 THOUSAND DOLLARS PER EACH RACE HORSE OR RACE HORSE BREEDING STOCK FOR AN
 INDIVIDUAL PERSON AND UP TO FIVE THOUSAND DOLLARS PER EACH RACE HORSE OR
 RACE HORSE BREEDING STOCK FOR A CORPORATION, ASSOCIATION, OR OTHER ENTI-
 TY.
   (B) A VIOLATION OF THIS SECTION WILL SUBJECT ANY NEW YORK STATE GAMING
 COMMISSION LICENSE TO THE PROVISIONS OF SECTION TWO  HUNDRED  TWENTY  OR
 THREE HUNDRED NINE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   5. (A) ANY AND ALL FINES COLLECTED PURSUANT TO A VIOLATION INVOLVING A
 THOROUGHBRED  HORSE SHALL BE REMITTED TO THE NEW YORK STATE THOROUGHBRED
 BREEDING AND  DEVELOPMENT  FUND  ESTABLISHED  PURSUANT  TO  SECTION  TWO
 HUNDRED  FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW,
 AND SHALL BE DEPOSITED BY THAT FUND INTO A DEDICATED ACCOUNT TO BE SPENT
 BY THE FUND SOLELY FOR THE PURPOSE OF THE CARE OF RETIRED  RACE  HORSES,
 CONSISTENT  WITH  PARAGRAPH  H OF SUBDIVISION TWO OF SECTION TWO HUNDRED
 FIFTY-FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   (B) ANY AND ALL FINES COLLECTED PURSUANT TO A  VIOLATION  INVOLVING  A
 STANDARDBRED HORSE OR RACE HORSE BREEDING STOCK SHALL BE REMITTED TO THE
 AGRICULTURE  AND  NEW  YORK STATE HORSE BREEDING DEVELOPMENT FUND ESTAB-
 LISHED PURSUANT TO SECTION THREE HUNDRED THIRTY OF THE RACING,  PARI-MU-
 TUEL WAGERING AND BREEDING LAW, AND SHALL BE DEPOSITED BY THAT FUND INTO
 A  DEDICATED  ACCOUNT, TO BE SPENT BY THE FUND SOLELY FOR THE PURPOSE OF
 THE CARE OF RETIRED RACE HORSES, CONSISTENT WITH PARAGRAPH J OF SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THE RACING,  PARI-MUTUEL
 WAGERING AND BREEDING LAW.
   6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH AND EVERY OWNER OF
 A  RACE  HORSE  THAT  HAS COMPETED IN NEW YORK STATE ON OR AFTER JANUARY

 S. 1442--A                          3

 FIRST, TWO THOUSAND TWENTY-TWO, OR ANY OTHER  HORSE  USED  FOR  BREEDING
 PURPOSES IN NEW YORK STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-TWO,  SHALL BE LIABLE FOR ANY VIOLATION OF THIS SECTION, UNLESS THERE
 IS  PROPER  DOCUMENTATION  OF A TRANSFER OF OWNERSHIP, AND THAT TRANSFER
 MUST BE TO A PARTY WITH NO FINANCIAL OR  FAMILIAL  RELATIONSHIP  TO  THE
 OWNER.
   7.  LEGAL  LIABILITY  UNDER  THIS  SECTION FOR ANY RACE HORSE SHALL BE
 LIMITED TO THE LAST INDIVIDUAL OR CORPORATION IN THE CHAIN OF  OWNERSHIP
 OF  SAID  HORSE, AS DETERMINED BY NOTICE TO THE BREED REGISTRY AS REFER-
 ENCED IN SECTION TWO HUNDRED  TWENTY-FIVE  OF  THE  RACING,  PARI-MUTUEL
 WAGERING  AND  BREEDING  LAW  FOR  THAT  BREED OR OTHER DOCUMENTATION OF
 OWNERSHIP. FURTHER, THE PURCHASER OR SELLER OF ANY REGISTERED RACE HORSE
 SOLD BY A NEW YORK STATE RESIDENT OR CORPORATION WHO IS A MEMBER OF SUCH
 REGISTRY SHALL BE REQUIRED TO PROVIDE NOTIFICATION OF SAID SALE  TO  THE
 RELEVANT  BREED  REGISTRY  IN  ORDER  TO  DOCUMENT OWNERSHIP AND PROTECT
 PREVIOUS OWNERS FROM LIABILITY UNDER THIS SECTION.
   8. THE COMMISSIONER SHALL DEVELOP A PROGRAM, IN COOPERATION  WITH  THE
 GAMING  COMMISSION, NEW YORK STATE THOROUGHBRED BREEDING AND DEVELOPMENT
 FUND, AND THE AGRICULTURE AND NEW YORK STATE HORSE BREEDING  DEVELOPMENT
 FUND  TO DISSEMINATE INFORMATION ABOUT THE PROVISIONS OF THIS SECTION TO
 HORSE OWNERS, SELLERS, BUYERS AND TRANSPORTERS INCLUDING, BUT NOT LIMIT-
 ED TO FARMERS, RECREATIONAL HORSE BUSINESSES, LIVESTOCK AND HORSE  DEAL-
 ERS,  HORSE  RESCUE  AND AFTERCARE ORGANIZATIONS, RENDERERS, ANIMAL FOOD
 PRODUCERS,  AND  ANY  OTHER  ORGANIZATIONS  OR  BUSINESSES   POTENTIALLY
 IMPACTED BY THIS SECTION.
   § 2. Section 225 of the racing, pari-mutuel wagering and breeding law,
 as  amended  by  chapter  243 of the laws of 2020, is amended to read as
 follows:
   § 225. Registration of race horses. The true name, sex  and  age,  and
 also  the  pedigree,  unless  such  pedigree is unknown, of every horse,
 mare, gelding, colt or filly shall be registered with the  jockey  club,
 United  States trotting association, American quarter horse association,
 the national steeplechase and hunt association or such other  entity  as
 the  commission  may designate before it shall be eligible to compete in
 any race conducted under a license or franchise of  the  commission  and
 such  name  shall continue to be its true name unless and until the same
 shall be changed according to the rules and regulations of  such  organ-
 ization.   The class to which any such animal belongs for the purpose of
 the entry or competition in any race shall be determined by  the  public
 performance thereof in former contests or trials of speed, as prescribed
 by  the printed rules of the person, association or corporation sponsor-
 ing such race. NO HORSE, MARE, GELDING, COLT OR FILLY SHALL BE  ELIGIBLE
 TO  COMPETE  IN ANY RACE, UNLESS IT IS FIRST MICROCHIPPED AND REGISTERED
 WITH THE   JOCKEY CLUB, UNITED  STATES  TROTTING  ASSOCIATION,  AMERICAN
 QUARTER  HORSE  ASSOCIATION,  THE NATIONAL STEEPLECHASE AND HUNT ASSOCI-
 ATION OR SUCH OTHER ENTITY, AS APPLICABLE  AND  AS  THE  COMMISSION  MAY
 DESIGNATE.  THE COMMISSION MAY REQUEST THAT ALL MICROCHIP INFORMATION BE
 PROVIDED  AND  AVAILABLE TO THE COMMISSION AS NECESSARY PURSUANT TO THIS
 CHAPTER.
   § 3. Subdivision 3 of section 251 of the racing, pari-mutuel  wagering
 and  breeding  law,  as  amended  by  chapter 18 of the laws of 2008, is
 amended to read as follows:
   3. "New York-bred." A thoroughbred which is registered in the registry
 designated and administered by such fund in accordance with  such  rules
 concerning  domicile and registration requirements as may be established
 by the fund, INCLUDING THAT EACH MARE,  STALLION,  AND  FOAL  BE  MICRO-

 S. 1442--A                          4
 
 CHIPPED  AND  REGISTERED  PURSUANT TO SECTION TWO HUNDRED TWENTY-FIVE OF
 THIS ARTICLE, and: was on  or  before  December  thirty-first,  nineteen
 hundred  eighty,  foaled in this state; or is on or after January first,
 nineteen  hundred  eighty-one,  either: (i) sired by a New York stallion
 and foaled from a mare domiciled in this state; (ii) foaled from a  mare
 domiciled in this state which mare has been serviced back exclusively by
 a  New  York  stallion in the year of such foaling; or (iii) on or after
 January first, nineteen hundred ninety-five foaled from a mare domiciled
 in New York. [The fund shall report to the governor and the  legislature
 on or before December fifteenth, nineteen hundred ninety-nine effects of
 paragraph  (iii)  of  this  subdivision  on  the New York state breeding
 industry.]
   § 4. Subdivision 2 of section 254 of the racing, pari-mutuel  wagering
 and  breeding  law  is  amended  by  adding a new paragraph h to read as
 follows:
   H. AN AMOUNT AS SHALL BE DETERMINED  BY  THE  FUND  FOR  THE  CARE  OF
 RETIRED  HORSES, PROVIDED, HOWEVER, SUCH AMOUNTS SHALL BE ALLOCATED FROM
 A DEDICATED ACCOUNT MAINTAINED BY THE FUND SUPPORTED BY  THE  COLLECTION
 OF  FINES  ASSESSED  PURSUANT TO SECTION THREE HUNDRED EIGHTY-TWO OF THE
 AGRICULTURE AND MARKETS LAW AND CONTRIBUTIONS MADE PURSUANT TO  SECTIONS
 TWO HUNDRED NINE-N AND SIX HUNDRED THIRTY-I OF THE TAX LAW, AND THE FUND
 SHALL NOT BE REQUIRED TO MAKE ANY ALLOCATIONS FOR SUCH PURPOSES THAT ARE
 IN  EXCESS OF THE AMOUNT COLLECTED PURSUANT TO THOSE SECTIONS DURING THE
 PRECEDING YEAR. IN MAKING SUCH  ALLOCATIONS,  THE  FUND  SHALL  CONSIDER
 WHETHER  THE  POTENTIAL  RECIPIENT  ORGANIZATION  IS AN ACCREDITED HORSE
 RETIREMENT AND RESCUE PROGRAM.  THE GAMING COMMISSION SHALL ESTABLISH AN
 ADVISORY BOARD TO CONSULT THE FUND WHEN  MAKING  SUCH  ALLOCATIONS  WITH
 REPRESENTATIVES  OF  THOROUGHBRED  AND STANDARDBRED OWNERS AND BREEDERS,
 AND ANIMAL PROTECTION  ORGANIZATIONS  WITH  EXPERTISE  IN  THE  CARE  OF
 RETIRED AND RESCUED HORSES.
   §  5. Subdivision 1 of section 332 of the racing, pari-mutuel wagering
 and breeding law is amended by adding a  new  paragraph  j  to  read  as
 follows:
   J.  AN  AMOUNT  AS  SHALL  BE  DETERMINED  BY THE FUND FOR THE CARE OF
 RETIRED HORSES, PROVIDED, HOWEVER, SUCH AMOUNTS SHALL BE ALLOCATED  FROM
 A  DEDICATED  ACCOUNT  TO  BE FUNDED BY THE COLLECTION OF FINES ASSESSED
 PURSUANT TO SECTION THREE HUNDRED  EIGHTY-TWO  OF  THE  AGRICULTURE  AND
 MARKETS LAW.  THE GAMING COMMISSION SHALL ESTABLISH AN ADVISORY BOARD TO
 CONSULT  THE  FUND  WHEN MAKING SUCH ALLOCATIONS WITH REPRESENTATIVES OF
 THOROUGHBRED AND STANDARDBRED OWNERS AND BREEDERS, AND ANIMAL PROTECTION
 ORGANIZATIONS WITH EXPERTISE IN THE CARE OF RETIRED AND RESCUED HORSES.
   § 6. The opening paragraph of subdivision 1  of  section  334  of  the
 racing,  pari-mutuel wagering and breeding law, as amended by chapter 90
 of the laws of 2006, is amended to read as follows:
   The fund is further authorized and directed to conduct each  year,  at
 the  New York state exposition, with the approval of the director of the
 exposition, or at any licensed pari-mutuel track in New York state, with
 a preference given to any available licensed pari-mutuel track  that  is
 five-eighths  of a mile long or larger, colt, stake and overnight events
 for standardbred horses to provide contests for two year old  and  three
 year  old  colts  and  fillies  at each gait of trotting and pacing. The
 colt, stake and overnight events so conducted for two year old and three
 year old colts and fillies at each gait of trotting and pacing hereunder
 shall be conditioned to admit only those colts and fillies dropped  from
 a  mare  bred  in this state and sired by a stallion owned or leased and
 permanently standing for service at and within this state at the time of

 S. 1442--A                          5

 the said foal's conception, PROVIDED, HOWEVER, THAT SUCH MARE, STALLION,
 AND FOAL SHALL BE MICROCHIPPED WITH SUCH MICROCHIP INFORMATION WHICH THE
 COMMISSION MAY REQUEST  BE  PROVIDED  AND  MADE  AVAILABLE  PURSUANT  TO
 SECTION  TWO  HUNDRED  TWENTY-FIVE OF THIS CHAPTER. Such colt, stake and
 overnight events shall be opened for nomination  not  earlier  than  the
 first  day of January in the year the event is to be held and only colts
 and fillies and horses complying with the following standards  shall  be
 eligible for such nomination:
   § 7. The tax law is amended by adding two new sections 209-N and 209-O
 to read as follows:
   §  209-N.  RETIRED  AND  RESCUED  THOROUGHBRED  RACE  HORSE AFTERCARE.
 EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE  OF
 THIS  SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO
 THE NEW YORK STATE THOROUGHBRED BREEDING  AND  DEVELOPMENT  FUND  ESTAB-
 LISHED PURSUANT TO SECTION TWO HUNDRED FIFTY-TWO OF THE RACING, PARI-MU-
 TUEL WAGERING AND BREEDING LAW, FOR THE PURPOSE OF FUNDING THE OPERATION
 OF  RETIRED  RACE  HORSE AFTERCARE FACILITIES. ANY CONTRIBUTIONS MADE TO
 THE THOROUGHBRED BREEDING AND DEVELOPMENT FUND PURSUANT TO THIS  SECTION
 SHALL  BE  DEPOSITED INTO A DEDICATED ACCOUNT MANAGED BY THE FUND, WHICH
 SHALL SOLELY BE USED FOR FUNDING THE OPERATION  OF  RETIRED  RACE  HORSE
 AFTERCARE FACILITIES, WITH A PREFERENCE FOR THOSE ORGANIZATIONS THAT ARE
 ACCREDITED HORSE RETIREMENT AND RESCUE PROGRAMS. SUCH CONTRIBUTION SHALL
 BE  IN  ANY  WHOLE  DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE
 STATE TAX OWED BY SUCH TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON
 THE CORPORATE INCOME TAX RETURN  TO  ENABLE  A  TAXPAYER  TO  MAKE  SUCH
 CONTRIBUTION.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUES
 COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED  TO  THE  NEW  YORK
 STATE THOROUGHBRED RETIREMENT RACE HORSE AND AFTERCARE FUND AND SHALL BE
 USED ONLY FOR THOSE PURPOSES SET FORTH IN PARAGRAPH H OF SUBDIVISION TWO
 OF  SECTION  TWO  HUNDRED FIFTY-FOUR OF THE RACING, PARI-MUTUEL WAGERING
 AND BREEDING LAW.
   § 209-O. RETIRED AND RESCUED STANDARDBRED RACE HORSE AFTERCARE. EFFEC-
 TIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF  THIS
 SECTION,  A  TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
 AGRICULTURE AND NEW YORK HORSE BREEDING AND DEVELOPMENT FUND ESTABLISHED
 PURSUANT TO SECTION THREE HUNDRED  THIRTY  OF  THE  RACING,  PARI-MUTUEL
 WAGERING  AND  BREEDING LAW, FOR THE PURPOSE OF FUNDING THE OPERATION OF
 RETIRED RACE HORSE AFTERCARE FACILITIES. ANY CONTRIBUTIONS MADE  TO  THE
 AGRICULTURE  AND NEW YORK STATE HORSE BREEDING DEVELOPMENT FUND PURSUANT
 TO THIS SECTION SHALL BE DEPOSITED INTO A DEDICATED ACCOUNT  MANAGED  BY
 THE  FUND,  WHICH  SHALL  SOLELY  BE  USED  FOR FUNDING THE OPERATION OF
 RETIRED RACE HORSE AFTERCARE FACILITIES, WITH  A  PREFERENCE  FOR  THOSE
 ORGANIZATIONS  THAT ARE ACCREDITED HORSE RETIREMENT AND RESCUE PROGRAMS.
 SUCH CONTRIBUTION SHALL BE IN ANY WHOLE  DOLLAR  AMOUNT  AND  SHALL  NOT
 REDUCE  THE  AMOUNT  OF THE STATE TAX OWED BY SUCH TAXPAYER. THE COMMIS-
 SIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A
 TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER  PROVISION
 OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDIT-
 ED  TO  THE NEW YORK STATE STANDARDBRED RETIREMENT RACE HORSE AND AFTER-
 CARE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN  PARA-
 GRAPH  J  OF  SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THE
 RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   § 8. The tax law is amended by adding two new sections 630-i and 630-j
 to read as follows:
   § 630-I. GIFTS FOR THOROUGHBRED AFTERCARE. EFFECTIVE FOR ANY TAX  YEAR
 COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN

 S. 1442--A                          6
 
 ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK STATE THOROUGH-
 BRED  BREEDING  AND DEVELOPMENT FUND ESTABLISHED PURSUANT TO SECTION TWO
 HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING  LAW,
 FOR THE PURPOSE OF FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE
 FACILITIES.  ANY  CONTRIBUTIONS  MADE  TO  THE THOROUGHBRED BREEDING AND
 DEVELOPMENT FUND PURSUANT TO THIS SECTION  SHALL  BE  DEPOSITED  INTO  A
 DEDICATED  ACCOUNT  MANAGED  BY THE FUND, WHICH SHALL SOLELY BE USED FOR
 FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE FACILITIES, WITH A
 PREFERENCE FOR THOSE ORGANIZATIONS THAT ARE ACCREDITED HORSE  RETIREMENT
 AND  RESCUE  PROGRAMS.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR
 AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE  TAX  OWED  BY  SUCH
 TAXPAYER.  THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE PERSONAL INCOME
 TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO  THIS
 SECTION  SHALL BE CREDITED TO THE NEW YORK STATE THOROUGHBRED RETIREMENT
 RACE HORSE AND AFTERCARE FUND AND SHALL BE USED ONLY FOR THOSE  PURPOSES
 ENUMERATED  IN  PARAGRAPH  H  OF  SUBDIVISION TWO OF SECTION TWO HUNDRED
 FIFTY-FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   § 630-J. GIFTS FOR STANDARDBRED AFTERCARE. EFFECTIVE FOR ANY TAX  YEAR
 COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN
 ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE AGRICULTURE AND NEW YORK
 HORSE  BREEDING  AND  DEVELOPMENT  FUND  ESTABLISHED PURSUANT TO SECTION
 THREE HUNDRED THIRTY OF THE RACING, PARI-MUTUEL  WAGERING  AND  BREEDING
 LAW,  FOR  THE  PURPOSE  OF  FUNDING THE OPERATION OF RETIRED RACE HORSE
 AFTERCARE FACILITIES. ANY CONTRIBUTIONS MADE TO THE AGRICULTURE AND  NEW
 YORK  HORSE BREEDING AND DEVELOPMENT FUND PURSUANT TO THIS SECTION SHALL
 BE DEPOSITED INTO A DEDICATED ACCOUNT MANAGED BY THE FUND,  WHICH  SHALL
 BE SOLELY USED FOR FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE
 FACILITIES,  WITH PREFERENCE FOR THOSE ORGANIZATIONS THAT ARE ACCREDITED
 HORSE RETIREMENT AND RESCUE PROGRAMS. SUCH CONTRIBUTION SHALL BE IN  ANY
 WHOLE  DOLLAR  AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX
 OWED BY SUCH TAXPAYER. THE  COMMISSIONER  SHALL  INCLUDE  SPACE  ON  THE
 PERSONAL  INCOME  TAX  RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIB-
 UTION.   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL  REVENUES
 COLLECTED  PURSUANT  TO  THIS  SECTION SHALL BE CREDITED TO THE NEW YORK
 STATE STANDARDBRED RETIREMENT RACE HORSE AND AFTERCARE FUND AND SHALL BE
 USED ONLY FOR THOSE PURPOSES ENUMERATED IN PARAGRAPH  J  OF  SUBDIVISION
 ONE  OF  SECTION  THREE  HUNDRED  THIRTY-TWO  OF THE RACING, PARI-MUTUEL
 WAGERING AND BREEDING LAW.
   § 9. The New York state thoroughbred breeding and development fund and
 the agriculture and New York state horse breeding development fund shall
 expend appropriate resources to ensure that the public is made aware  of
 the  prohibitions, penalties, and contribution opportunities established
 by this act.
   § 10. This act shall take effect immediately; provided  that  sections
 two,  three,  six, seven and eight of this act shall take effect January
 1, 2022, and shall apply to all fiscal years  commencing  on  and  after
 such date.

Co-Sponsors

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S1442B (ACTIVE) - Details

See Assembly Version of this Bill:: A4154
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §382, Ag & Mkts L; amd §§225, 251, 254, 332 & 334, RWB L; add §§209-N, 209-O, 630-i & 630-j, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S7719, A9989

S1442B (ACTIVE) - Summary

S1442B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1442B

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
prohibition of the slaughter of race horses and race horse breeding
stock; to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring race horses to be microchipped; and to amend the
tax law, in relation to gifts for thoroughbred and standardbred race
horse aftercare

 
PURPOSE:

The purpose of this legislation is to ensure the prohibition of inhumane
slaughter of retired race horses and breeding stock. The legislation
also increases access to funding for appropriate care of retired race
horses by: (i) ensuring that monies generated by enforcement will be
dedicated to the aftercare of retired race horses; and (ii) allowing New
York individuals and corporations to make voluntary contributions dedi-
cated to funding aftercare programs.  The bill will also increase Gaming
Commission insight into transfer of horse ownership information, by

requiring microchipping of all race horses in New York, and that such
information be provided to the Commission.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the agriculture and markets law to expressly prohibit
the slaughter of race horses and breeding stock for a commercial
purpose. Violations of this prohibition are subject to a misdemeanor
punishable by fines that will be dedicated to funds supporting the care
of retired race horses and breeding stock. A violation of this law would
subject a Gaming Commission licensee to a determination of any suspen-
sion or revocation of their license. The Commissioner of Agriculture and
Markets, in coordination the Gaming Commission and thoroughbred and
Standardbred breeding funds, will inform those affected by these
provisions about the change in law.

Sections 2, 3, and 6. Amends the racing, pari-mutuel wagering and breed-
ing law to require that all horses seeking to race in New York, and all
horses to be used for rate horse breeding purposes, shall first be
microchipped, consistent with the Jockey Club registration rules, and
that such microchipping information. be provided to the Gaming Commis-
sion as needed.

Sections 4 & 5 clarify that the thoroughbred and standardbred breeding
funds shall have a dedicated set-aside for aftercare programs, and
restricts dollars raised through collection of penalties or receipts of
contributions specifically for race horse aftercare.

Sections 7 & 8 amend the tax law to allow individual and corporate
taxpayers to contribute to the support of accredited aftercare facili-
ties.

Section 9. Mandates a public education campaign to inform the public
about the prohibitions, penalties, and contribution opportunities estab-
lished by this legislation.

Section 10. Establishes effective date.
 
JUSTIFICATION:

Every stakeholder in the horseracing industry shares the responsibility
of ensuring safe and healthy lives for race horses after they have
retired. The thoroughbred racing industry, in particular, has taken
major steps towards this effort, but the State has an obligation to
ensure greater participation. This legislation will build upon the
recent awareness and successes by: (i) microchipping all race horses so
they can be tracked, (ii) preventing New York's horses from being sent
to slaughter facilities and kill pens, (iii) promoting accredited horse
retirement and rescue programs in New York State, and (iv) establishing
a tax check-off on individual and corporate franchise returns that will
bring much needed awareness and funding for retired race horses.

 
LEGISLATIVE HISTORY:

2020: Passed The Senate 2021: Passed The Senate

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect in the next fiscal year, except those
provisions pertaining to the prohibition of slaughtering horses and
assessing penalties therefor, which shall take effect immediately, and
the requirement that the breeding funds engage in educational campaigns,
shall take effect immediately.

S1442B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1442--B
     Cal. No. 87
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced by Sens. ADDABBO, BORRELLO, BROUK, GAUGHRAN, JACKSON, JORDAN,
   MANNION,  MAY,  PALUMBO,  SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Racing,  Gaming
   and  Wagering  --  reported  favorably from said committee, ordered to
   first and second report, ordered to a third reading, passed by  Senate
   and  delivered  to the Assembly, recalled, vote reconsidered, restored
   to third reading, amended and ordered reprinted, retaining  its  place
   in  the order of third reading -- again amended and ordered reprinted,
   retaining its place in the order of third reading
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   prohibition  of  the  slaughter of race horses and race horse breeding
   stock; to amend the racing, pari-mutuel wagering and breeding law,  in
   relation to requiring race horses to be microchipped; and to amend the
   tax  law,  in relation to gifts for thoroughbred and standardbred race
   horse aftercare
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The agriculture and markets law is amended by adding a new
 section 382 to read as follows:
   § 382. PROHIBITION OF THE SLAUGHTER OF  RACE  HORSES  AND  RACE  HORSE
 BREEDING  STOCK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL
 BE UNLAWFUL FOR ANY PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY TO
 SLAUGHTER OR HAVE ANOTHER PERSON,  CORPORATION,  ASSOCIATION,  OR  OTHER
 ENTITY  SLAUGHTER  A  HORSE  FOR  A COMMERCIAL PURPOSE THAT SUCH PERSON,
 CORPORATION, ASSOCIATION OR OTHER ENTITY KNOWS TO HAVE BEEN A RACE HORSE
 OR RACE HORSE BREEDING STOCK.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
 FOR ANY PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY WHO OWNS OR IS
 IN  THE PROCESS OF TAKING OWNERSHIP OF A RACE HORSE OR RACE HORSE BREED-
 ING STOCK TO IMPORT, EXPORT, SELL, OFFER TO SELL  OR  BARTER,  TRANSFER,
 PURCHASE,  POSSESS,  TRANSPORT,  DELIVER,  OR RECEIVE, OR DIRECT ANOTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05854-07-1

 S. 1442--B                          2
 
 PERSON TO IMPORT, EXPORT, SELL,  OFFER  TO  SELL  OR  BARTER,  TRANSFER,
 PURCHASE,  POSSESS,  TRANSPORT,  DELIVER,  OR  RECEIVE A HORSE THAT SUCH
 PERSON, CORPORATION, ASSOCIATION OR OTHER ENTITY  KNOWS  TO  BE  A  RACE
 HORSE  OR  RACE  HORSE BREEDING STOCK WITH THE INTENT OF SLAUGHTERING OR
 HAVING ANOTHER PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY SLAUGH-
 TER SUCH RACE HORSE OR RACE HORSE BREEDING STOCK.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A) "RACE HORSE" SHALL MEAN:
   (I) A THOROUGHBRED HORSE WHICH MEETS OR EVER MET THE STANDARDS  TO  BE
 ELIGIBLE  TO  RACE  AT ANY TRACK LICENSED TO OPERATE PURSUANT TO ARTICLE
 TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR
   (II) A STANDARDBRED HORSE WHICH MEETS OR EVER MET THE STANDARDS TO  BE
 ELIGIBLE  TO  RACE  AT ANY TRACK LICENSED TO OPERATE PURSUANT TO ARTICLE
 THREE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW;
   (B) "RACE HORSE BREEDING STOCK" SHALL MEAN: ANY MARE OR STALLION USED,
 OR INTENDED TO EVER BE USED, TO PRODUCE A FOAL THAT IS  INTENDED  TO  BE
 USED AS A RACE HORSE AS DEFINED IN THIS SUBDIVISION, AS WELL AS THE FOAL
 BRED BY SUCH A MARE OR STALLION.
   (C)  "SLAUGHTER" SHALL MEAN THE INTENTIONAL KILLING, OR HAVING ANOTHER
 KILL, A RACE HORSE OR RACE HORSE BREEDING STOCK, IF  THAT  PERSON  KNOWS
 THAT THE PURPOSE OF SUCH KILLING IS USING ANY PART OF SUCH RACE HORSE OR
 RACE  HORSE  BREEDING  STOCK  FOR HUMAN OR ANIMAL CONSUMPTION.   NOTHING
 HEREIN SHALL PROHIBIT A PERSON FROM LAWFUL  DISPOSITION  OF  A  DECEASED
 RACE  HORSE  OR  RACE  HORSE BREEDING STOCK OR ANY PART OF SUCH HORSE OR
 STOCK.
   4. (A) A VIOLATION OF THIS SECTION IS A MISDEMEANOR  PUNISHABLE  BY  A
 FINE  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER EACH RACE HORSE OR RACE
 HORSE BREEDING STOCK FOR AN INDIVIDUAL PERSON AND  UP  TO  TWO  THOUSAND
 FIVE  HUNDRED  DOLLARS  PER EACH RACE HORSE OR RACE HORSE BREEDING STOCK
 FOR A CORPORATION, ASSOCIATION OR OTHER ENTITY, FOR THE FIRST VIOLATION.
 ANY SUBSEQUENT VIOLATION SHALL BE PUNISHABLE BY A  FINE  OF  UP  TO  TWO
 THOUSAND DOLLARS PER EACH RACE HORSE OR RACE HORSE BREEDING STOCK FOR AN
 INDIVIDUAL PERSON AND UP TO FIVE THOUSAND DOLLARS PER EACH RACE HORSE OR
 RACE HORSE BREEDING STOCK FOR A CORPORATION, ASSOCIATION, OR OTHER ENTI-
 TY.
   (B) A VIOLATION OF THIS SECTION WILL SUBJECT ANY NEW YORK STATE GAMING
 COMMISSION  LICENSE  TO  THE PROVISIONS OF SECTION TWO HUNDRED TWENTY OR
 THREE HUNDRED NINE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   5. (A) ANY AND ALL FINES COLLECTED PURSUANT TO A VIOLATION INVOLVING A
 THOROUGHBRED HORSE SHALL BE REMITTED TO THE NEW YORK STATE  THOROUGHBRED
 BREEDING  AND  DEVELOPMENT  FUND  ESTABLISHED  PURSUANT  TO  SECTION TWO
 HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING  LAW,
 AND SHALL BE DEPOSITED BY THAT FUND INTO A DEDICATED ACCOUNT TO BE SPENT
 BY  THE  FUND SOLELY FOR THE PURPOSE OF THE CARE OF RETIRED RACE HORSES,
 CONSISTENT WITH PARAGRAPH H OF SUBDIVISION TWO OF  SECTION  TWO  HUNDRED
 FIFTY-FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   (B)  ANY  AND  ALL FINES COLLECTED PURSUANT TO A VIOLATION INVOLVING A
 STANDARDBRED HORSE OR RACE HORSE BREEDING STOCK SHALL BE REMITTED TO THE
 AGRICULTURE AND NEW YORK STATE HORSE BREEDING  DEVELOPMENT  FUND  ESTAB-
 LISHED  PURSUANT TO SECTION THREE HUNDRED THIRTY OF THE RACING, PARI-MU-
 TUEL WAGERING AND BREEDING LAW, AND SHALL BE DEPOSITED BY THAT FUND INTO
 A DEDICATED ACCOUNT, TO BE SPENT BY THE FUND SOLELY FOR THE  PURPOSE  OF
 THE CARE OF RETIRED RACE HORSES, CONSISTENT WITH PARAGRAPH J OF SUBDIVI-
 SION  ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THE RACING, PARI-MUTUEL
 WAGERING AND BREEDING LAW.

 S. 1442--B                          3
 
   6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH AND EVERY OWNER OF
 A RACE HORSE THAT HAS COMPETED IN NEW YORK STATE  ON  OR  AFTER  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-TWO,  OR ANY OTHER HORSE USED FOR BREEDING
 PURPOSES IN NEW YORK STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-TWO,  SHALL BE LIABLE FOR ANY VIOLATION OF THIS SECTION, UNLESS THERE
 IS PROPER DOCUMENTATION OF A TRANSFER OF OWNERSHIP,  AND  THAT  TRANSFER
 MUST  BE  TO  A  PARTY WITH NO FINANCIAL OR FAMILIAL RELATIONSHIP TO THE
 OWNER.
   7. LEGAL LIABILITY UNDER THIS SECTION FOR  ANY  RACE  HORSE  SHALL  BE
 LIMITED  TO THE LAST INDIVIDUAL OR CORPORATION IN THE CHAIN OF OWNERSHIP
 OF SAID HORSE, AS DETERMINED BY NOTICE TO THE BREED REGISTRY  AS  REFER-
 ENCED  IN  SECTION  TWO  HUNDRED  TWENTY-FIVE OF THE RACING, PARI-MUTUEL
 WAGERING AND BREEDING LAW FOR  THAT  BREED  OR  OTHER  DOCUMENTATION  OF
 OWNERSHIP. FURTHER, THE PURCHASER OR SELLER OF ANY REGISTERED RACE HORSE
 SOLD BY A NEW YORK STATE RESIDENT OR CORPORATION WHO IS A MEMBER OF SUCH
 REGISTRY  SHALL  BE REQUIRED TO PROVIDE NOTIFICATION OF SAID SALE TO THE
 RELEVANT BREED REGISTRY IN  ORDER  TO  DOCUMENT  OWNERSHIP  AND  PROTECT
 PREVIOUS OWNERS FROM LIABILITY UNDER THIS SECTION.
   8.  THE  COMMISSIONER SHALL DEVELOP A PROGRAM, IN COOPERATION WITH THE
 GAMING COMMISSION, NEW YORK STATE THOROUGHBRED BREEDING AND  DEVELOPMENT
 FUND,  AND THE AGRICULTURE AND NEW YORK STATE HORSE BREEDING DEVELOPMENT
 FUND TO DISSEMINATE INFORMATION ABOUT THE PROVISIONS OF THIS SECTION  TO
 HORSE OWNERS, SELLERS, BUYERS AND TRANSPORTERS INCLUDING, BUT NOT LIMIT-
 ED  TO FARMERS, RECREATIONAL HORSE BUSINESSES, LIVESTOCK AND HORSE DEAL-
 ERS, HORSE RESCUE AND AFTERCARE ORGANIZATIONS,  RENDERERS,  ANIMAL  FOOD
 PRODUCERS,   AND  ANY  OTHER  ORGANIZATIONS  OR  BUSINESSES  POTENTIALLY
 IMPACTED BY THIS SECTION.
   § 2. Section 225 of the racing, pari-mutuel wagering and breeding law,
 as amended by chapter 243 of the laws of 2020, is  amended  to  read  as
 follows:
   §  225.  Registration  of race horses. The true name, sex and age, and
 also the pedigree, unless such pedigree  is  unknown,  of  every  horse,
 mare,  gelding,  colt or filly shall be registered with the jockey club,
 United States trotting association, American quarter horse  association,
 the  national  steeplechase and hunt association or such other entity as
 the commission may designate before it shall be eligible to  compete  in
 any  race  conducted  under a license or franchise of the commission and
 such name shall continue to be its true name unless and until  the  same
 shall  be  changed according to the rules and regulations of such organ-
 ization.  The class to which any such animal belongs for the purpose  of
 the  entry  or competition in any race shall be determined by the public
 performance thereof in former contests or trials of speed, as prescribed
 by the printed rules of the person, association or corporation  sponsor-
 ing  such race. NO HORSE, MARE, GELDING, COLT OR FILLY SHALL BE ELIGIBLE
 TO COMPETE IN ANY RACE, UNLESS IT IS FIRST MICROCHIPPED  AND  REGISTERED
 WITH  THE    JOCKEY  CLUB,  UNITED STATES TROTTING ASSOCIATION, AMERICAN
 QUARTER HORSE ASSOCIATION, THE NATIONAL STEEPLECHASE  AND  HUNT  ASSOCI-
 ATION  OR  SUCH  OTHER  ENTITY,  AS APPLICABLE AND AS THE COMMISSION MAY
 DESIGNATE.  THE COMMISSION MAY REQUEST THAT ALL MICROCHIP INFORMATION BE
 PROVIDED AND AVAILABLE TO THE COMMISSION AS NECESSARY PURSUANT  TO  THIS
 CHAPTER.
   §  3. Subdivision 3 of section 251 of the racing, pari-mutuel wagering
 and breeding law, as amended by chapter 18  of  the  laws  of  2008,  is
 amended to read as follows:
   3. "New York-bred." A thoroughbred which is registered in the registry
 designated  and  administered by such fund in accordance with such rules

 S. 1442--B                          4

 concerning domicile and registration requirements as may be  established
 by  the  fund,  INCLUDING  THAT  EACH MARE, STALLION, AND FOAL BE MICRO-
 CHIPPED AND REGISTERED PURSUANT TO SECTION TWO  HUNDRED  TWENTY-FIVE  OF
 THIS  ARTICLE,  and:  was  on  or before December thirty-first, nineteen
 hundred eighty, foaled in this state; or is on or after  January  first,
 nineteen  hundred  eighty-one,  either: (i) sired by a New York stallion
 and foaled from a mare domiciled in this state; (ii) foaled from a  mare
 domiciled in this state which mare has been serviced back exclusively by
 a  New  York  stallion in the year of such foaling; or (iii) on or after
 January first, nineteen hundred ninety-five foaled from a mare domiciled
 in New York. [The fund shall report to the governor and the  legislature
 on or before December fifteenth, nineteen hundred ninety-nine effects of
 paragraph  (iii)  of  this  subdivision  on  the New York state breeding
 industry.]
   § 4. Subdivision 2 of section 254 of the racing, pari-mutuel  wagering
 and  breeding  law  is  amended  by  adding a new paragraph h to read as
 follows:
   H. AN AMOUNT AS SHALL BE DETERMINED  BY  THE  FUND  FOR  THE  CARE  OF
 RETIRED  HORSES, PROVIDED, HOWEVER, SUCH AMOUNTS SHALL BE ALLOCATED FROM
 A DEDICATED ACCOUNT MAINTAINED BY THE FUND SUPPORTED BY  THE  COLLECTION
 OF  FINES  ASSESSED  PURSUANT TO SECTION THREE HUNDRED EIGHTY-TWO OF THE
 AGRICULTURE AND MARKETS LAW AND CONTRIBUTIONS MADE PURSUANT TO  SECTIONS
 TWO HUNDRED NINE-N AND SIX HUNDRED THIRTY-I OF THE TAX LAW, AND THE FUND
 SHALL NOT BE REQUIRED TO MAKE ANY ALLOCATIONS FOR SUCH PURPOSES THAT ARE
 IN  EXCESS OF THE AMOUNT COLLECTED PURSUANT TO THOSE SECTIONS DURING THE
 PRECEDING YEAR. IN MAKING SUCH  ALLOCATIONS,  THE  FUND  SHALL  CONSIDER
 WHETHER  THE  POTENTIAL  RECIPIENT  ORGANIZATION  IS AN ACCREDITED HORSE
 RETIREMENT AND RESCUE PROGRAM.  THE GAMING COMMISSION SHALL ESTABLISH AN
 ADVISORY BOARD TO CONSULT THE FUND WHEN  MAKING  SUCH  ALLOCATIONS  WITH
 REPRESENTATIVES  OF  THOROUGHBRED  AND STANDARDBRED OWNERS AND BREEDERS,
 AND ANIMAL PROTECTION  ORGANIZATIONS  WITH  EXPERTISE  IN  THE  CARE  OF
 RETIRED AND RESCUED HORSES.
   §  5. Subdivision 1 of section 332 of the racing, pari-mutuel wagering
 and breeding law is amended by adding a  new  paragraph  j  to  read  as
 follows:
   J.  AN  AMOUNT  AS  SHALL  BE  DETERMINED  BY THE FUND FOR THE CARE OF
 RETIRED HORSES, PROVIDED, HOWEVER, SUCH AMOUNTS SHALL BE ALLOCATED  FROM
 A  DEDICATED  ACCOUNT  TO  BE FUNDED BY THE COLLECTION OF FINES ASSESSED
 PURSUANT TO SECTION THREE HUNDRED  EIGHTY-TWO  OF  THE  AGRICULTURE  AND
 MARKETS LAW.  THE GAMING COMMISSION SHALL ESTABLISH AN ADVISORY BOARD TO
 CONSULT  THE  FUND  WHEN MAKING SUCH ALLOCATIONS WITH REPRESENTATIVES OF
 THOROUGHBRED AND STANDARDBRED OWNERS AND BREEDERS, AND ANIMAL PROTECTION
 ORGANIZATIONS WITH EXPERTISE IN THE CARE OF RETIRED AND RESCUED HORSES.
   § 6. The opening paragraph of subdivision 1  of  section  334  of  the
 racing,  pari-mutuel wagering and breeding law, as amended by chapter 90
 of the laws of 2006, is amended to read as follows:
   The fund is further authorized and directed to conduct each  year,  at
 the  New York state exposition, with the approval of the director of the
 exposition, or at any licensed pari-mutuel track in New York state, with
 a preference given to any available licensed pari-mutuel track  that  is
 five-eighths  of a mile long or larger, colt, stake and overnight events
 for standardbred horses to provide contests for two year old  and  three
 year  old  colts  and  fillies  at each gait of trotting and pacing. The
 colt, stake and overnight events so conducted for two year old and three
 year old colts and fillies at each gait of trotting and pacing hereunder
 shall be conditioned to admit only those colts and fillies dropped  from

 S. 1442--B                          5
 
 a  mare  bred  in this state and sired by a stallion owned or leased and
 permanently standing for service at and within this state at the time of
 the said foal's conception, PROVIDED, HOWEVER, THAT SUCH MARE, STALLION,
 AND FOAL SHALL BE MICROCHIPPED WITH SUCH MICROCHIP INFORMATION WHICH THE
 COMMISSION  MAY  REQUEST  BE  PROVIDED  AND  MADE  AVAILABLE PURSUANT TO
 SECTION TWO HUNDRED TWENTY-FIVE OF THIS CHAPTER. Such  colt,  stake  and
 overnight  events  shall  be  opened for nomination not earlier than the
 first day of January in the year the event is to be held and only  colts
 and  fillies  and horses complying with the following standards shall be
 eligible for such nomination:
   § 7. The tax law is amended by adding two new sections 209-N and 209-O
 to read as follows:
   § 209-N.  RETIRED  AND  RESCUED  THOROUGHBRED  RACE  HORSE  AFTERCARE.
 EFFECTIVE  FOR ANY TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF
 THIS SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE  TO
 THE  NEW  YORK  STATE  THOROUGHBRED BREEDING AND DEVELOPMENT FUND ESTAB-
 LISHED PURSUANT TO SECTION TWO HUNDRED FIFTY-TWO OF THE RACING, PARI-MU-
 TUEL WAGERING AND BREEDING LAW, FOR THE PURPOSE OF FUNDING THE OPERATION
 OF RETIRED RACE HORSE AFTERCARE FACILITIES. ANY  CONTRIBUTIONS  MADE  TO
 THE  THOROUGHBRED BREEDING AND DEVELOPMENT FUND PURSUANT TO THIS SECTION
 SHALL BE DEPOSITED INTO A DEDICATED ACCOUNT MANAGED BY THE  FUND,  WHICH
 SHALL  SOLELY  BE  USED  FOR FUNDING THE OPERATION OF RETIRED RACE HORSE
 AFTERCARE FACILITIES, WITH A PREFERENCE FOR THOSE ORGANIZATIONS THAT ARE
 ACCREDITED HORSE RETIREMENT AND RESCUE PROGRAMS. SUCH CONTRIBUTION SHALL
 BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE  THE  AMOUNT  OF  THE
 STATE TAX OWED BY SUCH TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON
 THE  CORPORATE  INCOME  TAX  RETURN  TO  ENABLE  A TAXPAYER TO MAKE SUCH
 CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL  REVENUES
 COLLECTED  PURSUANT  TO  THIS  SECTION SHALL BE CREDITED TO THE NEW YORK
 STATE THOROUGHBRED RETIREMENT RACE HORSE AND AFTERCARE FUND AND SHALL BE
 USED ONLY FOR THOSE PURPOSES SET FORTH IN PARAGRAPH H OF SUBDIVISION TWO
 OF SECTION TWO HUNDRED FIFTY-FOUR OF THE  RACING,  PARI-MUTUEL  WAGERING
 AND BREEDING LAW.
   § 209-O. RETIRED AND RESCUED STANDARDBRED RACE HORSE AFTERCARE. EFFEC-
 TIVE  FOR ANY TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS
 SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE  TO  THE
 AGRICULTURE AND NEW YORK HORSE BREEDING AND DEVELOPMENT FUND ESTABLISHED
 PURSUANT  TO  SECTION  THREE  HUNDRED  THIRTY OF THE RACING, PARI-MUTUEL
 WAGERING AND BREEDING LAW, FOR THE PURPOSE OF FUNDING THE  OPERATION  OF
 RETIRED  RACE  HORSE AFTERCARE FACILITIES. ANY CONTRIBUTIONS MADE TO THE
 AGRICULTURE AND NEW YORK STATE HORSE BREEDING DEVELOPMENT FUND  PURSUANT
 TO  THIS  SECTION SHALL BE DEPOSITED INTO A DEDICATED ACCOUNT MANAGED BY
 THE FUND, WHICH SHALL SOLELY  BE  USED  FOR  FUNDING  THE  OPERATION  OF
 RETIRED  RACE  HORSE  AFTERCARE  FACILITIES, WITH A PREFERENCE FOR THOSE
 ORGANIZATIONS THAT ARE ACCREDITED HORSE RETIREMENT AND RESCUE  PROGRAMS.
 SUCH  CONTRIBUTION  SHALL  BE  IN  ANY WHOLE DOLLAR AMOUNT AND SHALL NOT
 REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH  TAXPAYER.  THE  COMMIS-
 SIONER  SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO ENABLE
 A  TAXPAYER  TO  MAKE  SUCH  CONTRIBUTION.  NOTWITHSTANDING  ANY   OTHER
 PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
 BE CREDITED TO THE NEW YORK STATE STANDARDBRED RETIREMENT RACE HORSE AND
 AFTERCARE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES  ENUMERATED  IN
 PARAGRAPH  J  OF  SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF
 THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   § 8. The tax law is amended by adding two new sections 630-i and 630-j
 to read as follows:

 S. 1442--B                          6
 
   § 630-I. GIFTS FOR THOROUGHBRED AFTERCARE. EFFECTIVE FOR ANY TAX  YEAR
 COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN
 ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK STATE THOROUGH-
 BRED  BREEDING  AND DEVELOPMENT FUND ESTABLISHED PURSUANT TO SECTION TWO
 HUNDRED  FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW,
 FOR THE PURPOSE OF FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE
 FACILITIES. ANY CONTRIBUTIONS MADE  TO  THE  THOROUGHBRED  BREEDING  AND
 DEVELOPMENT  FUND  PURSUANT  TO  THIS  SECTION SHALL BE DEPOSITED INTO A
 DEDICATED ACCOUNT MANAGED BY THE FUND, WHICH SHALL SOLELY  BE  USED  FOR
 FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE FACILITIES, WITH A
 PREFERENCE  FOR THOSE ORGANIZATIONS THAT ARE ACCREDITED HORSE RETIREMENT
 AND RESCUE PROGRAMS. SUCH CONTRIBUTION SHALL  BE  IN  ANY  WHOLE  DOLLAR
 AMOUNT  AND  SHALL  NOT  REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH
 TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON  THE  PERSONAL  INCOME
 TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTAND-
 ING  ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS
 SECTION SHALL BE CREDITED TO THE NEW YORK STATE THOROUGHBRED  RETIREMENT
 RACE  HORSE AND AFTERCARE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES
 ENUMERATED IN PARAGRAPH H OF SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
 FIFTY-FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   §  630-J. GIFTS FOR STANDARDBRED AFTERCARE. EFFECTIVE FOR ANY TAX YEAR
 COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN
 ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE AGRICULTURE AND NEW YORK
 HORSE BREEDING AND DEVELOPMENT  FUND  ESTABLISHED  PURSUANT  TO  SECTION
 THREE  HUNDRED  THIRTY  OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
 LAW, FOR THE PURPOSE OF FUNDING THE  OPERATION  OF  RETIRED  RACE  HORSE
 AFTERCARE  FACILITIES. ANY CONTRIBUTIONS MADE TO THE AGRICULTURE AND NEW
 YORK HORSE BREEDING AND DEVELOPMENT FUND PURSUANT TO THIS SECTION  SHALL
 BE  DEPOSITED  INTO A DEDICATED ACCOUNT MANAGED BY THE FUND, WHICH SHALL
 BE SOLELY USED FOR FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE
 FACILITIES, WITH PREFERENCE FOR THOSE ORGANIZATIONS THAT ARE  ACCREDITED
 HORSE  RETIREMENT AND RESCUE PROGRAMS. SUCH CONTRIBUTION SHALL BE IN ANY
 WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT  OF  THE  STATE  TAX
 OWED  BY  SUCH  TAXPAYER.  THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE
 PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO  MAKE  SUCH  CONTRIB-
 UTION.    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL REVENUES
 COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED  TO  THE  NEW  YORK
 STATE STANDARDBRED RETIREMENT RACE HORSE AND AFTERCARE FUND AND SHALL BE
 USED  ONLY  FOR  THOSE PURPOSES ENUMERATED IN PARAGRAPH J OF SUBDIVISION
 ONE OF SECTION THREE  HUNDRED  THIRTY-TWO  OF  THE  RACING,  PARI-MUTUEL
 WAGERING AND BREEDING LAW.
   § 9. The New York state thoroughbred breeding and development fund and
 the agriculture and New York state horse breeding development fund shall
 expend  appropriate resources to ensure that the public is made aware of
 the prohibitions, penalties, and contribution opportunities  established
 by this act.
   §  10.  This act shall take effect immediately; provided that sections
 two, three, six, seven and eight of this act shall take  effect  January
 1,  2022,  and  shall  apply to all fiscal years commencing on and after
 such date.

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The New York State Senate

senate Bill S1442B

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Current Bill Status - Signed by Governor

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Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

Feb 3, 2021 - floor Vote

Floor Vote: Feb 3, 2021

Jan 19, 2021 - Racing, Gaming and Wagering committee Vote

Committee Vote: Jan 19, 2021

Bill Amendments

Co-Sponsors

S1442 - Details

S1442 - Summary

S1442 - Sponsor Memo

S1442 - Bill Text download pdf

Co-Sponsors

S1442A - Details

S1442A - Summary

S1442A - Sponsor Memo

S1442A - Bill Text download pdf

Co-Sponsors

S1442B (ACTIVE) - Details

S1442B (ACTIVE) - Summary

S1442B (ACTIVE) - Sponsor Memo

S1442B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1442B

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Sponsored By

Current Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

Feb 3, 2021 - floor Vote

Floor Vote: Feb 3, 2021

Jan 19, 2021 - Racing, Gaming and Wagering committee Vote

Committee Vote: Jan 19, 2021

Bill Amendments

Co-Sponsors

S1442 - Details

S1442 - Summary

S1442 - Sponsor Memo

S1442 - Bill Text download pdf

Co-Sponsors

S1442A - Details

S1442A - Summary

S1442A - Sponsor Memo

S1442A - Bill Text download pdf

Co-Sponsors

S1442B (ACTIVE) - Details

S1442B (ACTIVE) - Summary

S1442B (ACTIVE) - Sponsor Memo

S1442B (ACTIVE) - Bill Text download pdf

Comments