NY State Senate Bill 2013-S7136

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
Apr 30, 2014	referred to racing, gaming and wagering

2013-S7136 (ACTIVE) - Details

See Assembly Version of this Bill:: A9782
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Add §258, RWB L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4634, A3253
2017-2018: A1564
2019-2020: A1645

2013-S7136 (ACTIVE) - Summary

Requires veterinary records for all claimed racehorses in claiming races, must be transferred from the owner of the racehorse to the claimant within 48 hours of finalizing the claim.

2013-S7136 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7136

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

PURPOSE OR GENERAL IDEA OF BILL:

Requires the owner of a claimed racehorse to transfer all veterinary
records to the claimant within forty-eight hours of the time that the
claim has been finalized.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Sets forth the legislative intent.

Section 2: Amends the racing, pari-mutuel wagering and breeding law by
adding a new section that would require the owner to transfer all
veterinary records for a claimed racehorse to the claimant within
forty-eight hours of the time that the claim has been finalized.

Section 3: Sets forth the effective date.

JUSTIFICATION:

Between November 30, 2011 and March 18, 2012, twenty-one horses were
euthanized or died at Aqueduct Race Track.  This number far exceeded
the North American average for racing fatalities, prompting widespread
public outcry and raising numerous concerns within the industry. As a
result, the New York State Racing Association (NYRA) assembled an
independent task force "to review the circumstances involving these
breakdowns, analyze the cause or causes and recommend any necessary
action to (prevent) equine breakdowns at NYRA facilities." As a
result, the Task Force assembled their discoveries and recommendations
in the "New York Task Force on Racehorse Health and Safety." One of
the main areas of concern for the Task Force was claiming races, where
new owners of claimed horses do not receive veterinary records from
the horses' previous owner. In the official report, the Task Force
notes that during their investigation several horses' deaths could
have been avoided as, "It is unlikely that the trainer had knowledge
of any medical treatments performed prior to his claiming the horse.
This may have compromised the trainer's ability to make informed
decisions regarding medication administrations." For Almighty Silver,
a horse who was claimed five times in his career, the Task Force
reported that, "Almighty Silver was claimed three times in the three
months leading up to his final race. The lack of transfer of medical
history became increasingly problematic with each claim."

This bill is vital because in the equine fatalities investigated by
the Task Force, eight out of the twenty-one horses that were
euthanized had been claimed more than twice in their racing careers.
Four had been claimed three times, and one was claimed five times.
Overall, seventeen of the twenty-one fatalities at Aqueduct during
that four month period occurred in claiming races. However, the
popularity of claiming races has increased in recent years. At
Aqueduct Race Track alone in 2011-2012, there was a total of 683


claiming races, for a total 69% of all races. These 683 claiming races
resulted in 449 claimed horses, a 138% increase from the 2010-2011
racing season. Despite recommendations from the Task Force, and the
policy change being in the interest of the New York Racing
Association, and the New York State Racing and Wagering Board, no
action has been taken. In addition, the policy change has received
wide-spread support from the American Association of Equine
Practitioners, who was quoted in the Official Report by the Task Force
as stating, "AAEP supports the position that when a horse is sold, any
known invasive surgery, disease, injury or congenital defect, which is
not apparent, should be disclosed to the intended buyer by the owner
and/or agent."

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized to be made on or before such effective
date.

2013-S7136 (ACTIVE) - Bill Text download pdf

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

                                  7136

                            I N  S E N A T E

                             April 30, 2014
                               ___________

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

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

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

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

                                                           LBD14836-01-4

S. 7136                             2

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

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Senate Bill S7136

Sponsored By

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

2013-S7136 (ACTIVE) - Details

2013-S7136 (ACTIVE) - Summary

2013-S7136 (ACTIVE) - Sponsor Memo

2013-S7136 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7136

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Sponsored By

George D. Maziarz

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

2013-S7136 (ACTIVE) - Details

2013-S7136 (ACTIVE) - Summary

2013-S7136 (ACTIVE) - Sponsor Memo

2013-S7136 (ACTIVE) - Bill Text download pdf

Comments