NY State Senate Bill 2015-S4634

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to racing, gaming and wagering
Apr 01, 2015	referred to racing, gaming and wagering

2015-S4634 (ACTIVE) - Details

See Assembly Version of this Bill:: A3253
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:: 2013-2014: S7136, A9782
2017-2018: A1564
2019-2020: A1645

2015-S4634 (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.

2015-S4634 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4634

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:

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 PROVISIONS:

Section one sets forth the legislative intent.

Section two 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 three 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."

LEGISLATIVE HISTORY:

S.7136 of 2014 referred to Racing, Gaming and Wagering

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

180 days after it shall become law, with provisions.

2015-S4634 (ACTIVE) - Bill Text download pdf

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

                                  4634

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced by Sen. MARCHIONE -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02274-01-5

S. 4634                             2

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
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4634

Sponsored By

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

2015-S4634 (ACTIVE) - Details

2015-S4634 (ACTIVE) - Summary

2015-S4634 (ACTIVE) - Sponsor Memo

2015-S4634 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4634

Share this bill

Sponsored By

Kathleen A. Marchione

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

2015-S4634 (ACTIVE) - Details

2015-S4634 (ACTIVE) - Summary

2015-S4634 (ACTIVE) - Sponsor Memo

2015-S4634 (ACTIVE) - Bill Text download pdf

Comments