S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4167
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation to establishing the commission on retired racehorses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
 amended by adding a new article 7-A to read as follows:
                                ARTICLE 7-A
                     COMMISSION ON RETIRED RACEHORSES
 SECTION 710. COMMISSION ON RETIRED RACEHORSES.
         711. POWERS AND DUTIES OF COMMISSION.
         712. REPORTS ON RETIRED RACEHORSES.
   §  710.  COMMISSION  ON RETIRED RACEHORSES. 1.  THERE IS HEREBY ESTAB-
 LISHED A COMMISSION ON RETIRED RACEHORSES. SUCH  COMMISSION  ON  RETIRED
 RACEHORSES  SHALL  CONSIST  OF  SEVEN  MEMBERS,  THREE  OF WHOM SHALL BE
 APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL BE APPOINTED BY THE  TEMPO-
 RARY  PRESIDENT  OF THE SENATE AND TWO OF WHOM SHALL BE APPOINTED BY THE
 SPEAKER OF THE ASSEMBLY. OF THE THREE MEMBERS APPOINTED BY THE GOVERNOR,
 TWO SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE GAMING COMMISSION.
 ONE OF THE APPOINTED MEMBERS OF THE  COMMISSION  ON  RETIRED  RACEHORSES
 SHALL  BE  REPRESENTATIVE  OF OWNERS AND BREEDERS OF STANDARDBRED HORSES
 AND ONE SHALL BE REPRESENTATIVE OF OWNERS AND BREEDERS  OF  THOROUGHBRED
 HORSES.  THREE  OF  THE  APPOINTED  MEMBERS OF THE COMMISSION ON RETIRED
 RACEHORSES SHALL BE REPRESENTATIVE OF: (A)  PERSONS  WITH  EXPERTISE  IN
 TRAINING  HORSES  FOR  USES  OTHER  THAN RACING, SUCH AS RIDING SCHOOLS,
 STEEPLECHASE COMPETITIONS,  SHOW  HORSE  COMPETITIONS  (E.G.,  DRESSAGE,
 HUNTER/JUMPER,  ENGLISH,  WESTERN,  AND COSTUME COMPETITIONS), AND OTHER
 RECREATIONAL USES, (B) PERSONS WITH EXPERIENCE IN THE POTENTIAL FARM  OR
 OTHER  RURAL  ECONOMIC BUSINESS APPLICATIONS FOR HORSES, AND (C) PERSONS
 FAMILIAR WITH THE USE OF HORSES FOR RECREATIONAL OR THERAPEUTIC USES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08686-01-7

 A. 4167                             2
 
   2. THE MEMBERS OF THE COMMISSION ON RETIRED RACEHORSES SHALL SERVE FOR
 TERMS OF TWO YEARS EACH.
   3. EVERY MEMBER OF THE COMMISSION ON RETIRED RACEHORSES SHALL SERVE AT
 THE  PLEASURE OF THE OFFICIAL WHO APPOINTED HIM OR HER. VACANCIES IN THE
 MEMBERSHIP OF SUCH COMMISSION SHALL BE FILLED IN THE MANNER PROVIDED FOR
 ORIGINAL APPOINTMENTS.
   4. THE MEMBERS OF THE COMMISSION ON RETIRED RACEHORSES  SHALL  RECEIVE
 NO  COMPENSATION  FOR  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL
 AND NECESSARY EXPENSES INCURRED  IN  THE  PERFORMANCE  OF  THEIR  DUTIES
 PURSUANT TO THIS SECTION.
   §  711.  POWERS AND DUTIES OF COMMISSION. 1. THE COMMISSION ON RETIRED
 RACEHORSES, IN COOPERATION WITH THE GAMING COMMISSION, SHALL BE  RESPON-
 SIBLE FOR THE OVERSIGHT OF RETIRED RACEHORSES, INCLUDING THE TRACKING OF
 SUCH  RACEHORSES.  FOR THE PURPOSES OF THIS ARTICLE, A RETIRED RACEHORSE
 SHALL MEAN (A) A NEW YORK-BRED THOROUGHBRED AS  DEFINED  BY  SUBDIVISION
 THREE OF SECTION TWO HUNDRED FIFTY-ONE OF THIS CHAPTER WHICH IS NO LONG-
 ER  ENGAGED IN HORSERACING OR (B) A STANDARDBRED WHICH MEETS OR EVER MET
 THE STANDARDS SET FORTH IN SUBDIVISION  ONE  OF  SECTION  THREE  HUNDRED
 THIRTY-FOUR  OF  THIS  CHAPTER  AND  WHICH IS NO LONGER ENGAGED IN HORSE
 RACING.
   2. THE COMMISSION ON  RETIRED  RACEHORSES,  IN  COOPERATION  WITH  THE
 GAMING  COMMISSION,  SHALL BE RESPONSIBLE FOR THE CREATION OF A REGISTRY
 WHICH WOULD TRACK RETIRED RACEHORSES. SUCH REGISTRY SHALL INCLUDE INFOR-
 MATION PROVIDED  BY  EACH  OWNER  AND  SUBSEQUENT  OWNER  OF  A  RETIRED
 RACEHORSE,  AS PROVIDED IN SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  COMMISSION  ON  RETIRED
 RACEHORSES  SHALL  MAINTAIN  AND UPDATE THIS REGISTRY. THE COMMISSION ON
 RETIRED RACEHORSES MAY ACCESS ANY RELEVANT INFORMATION IN THE REGISTRIES
 DESIGNATED AND ADMINISTERED BY THE NEW YORK STATE THOROUGHBRED  BREEDING
 AND DEVELOPMENT FUND AND THE AGRICULTURE AND NEW YORK STATE HORSE BREED-
 ING DEVELOPMENT FUND.
   3.  THE  COMMISSION  ON  RETIRED RACEHORSES SHALL WORK WITH THE GAMING
 COMMISSION TO IDENTIFY METHODS BY WHICH THE INFORMATION IN  THE  RETIRED
 RACEHORSE  REGISTRY  MAY  BE  UTILIZED  TO ADDRESS THE WELL-BEING AND/OR
 EMPLOYMENT OF RETIRED RACEHORSES, INCLUDING BUT NOT LIMITED  TO  STRATE-
 GIES  TO  ADDRESS  THE  ISSUE OF ABANDONED RACEHORSES AND TO PREVENT THE
 SLAUGHTER OF RETIRED RACEHORSES. THE COMMISSION  ON  RETIRED  RACEHORSES
 SHALL ALSO FURNISH RELATED FUTURE RECOMMENDATIONS REGARDING THE FUNDING,
 CARE AND TREATMENT OF RETIRED RACEHORSES. SUCH RECOMMENDATIONS AND RELE-
 VANT  DATA  THAT  SUPPORT SUCH RECOMMENDATIONS SHALL BE SUBMITTED TO THE
 GAMING COMMISSION, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,
 THE  CHAIR  OF  THE  SENATE  RACING,  GAMING AND WAGERING COMMITTEE, THE
 SPEAKER OF THE ASSEMBLY AND THE CHAIR OF THE ASSEMBLY RACING AND  WAGER-
 ING COMMITTEE NO LESS OFTEN THAN BIANNUALLY.
   4.  THE  COMMISSION  ON  RETIRED RACEHORSES SHALL WORK WITH THE GAMING
 COMMISSION TO PUBLISH ON THE GAMING COMMISSION WEBSITE AT LEAST QUARTER-
 LY, IN SUCH FORMS AS THE GAMING COMMISSION MAY DEEM PROPER, A REPORT  OF
 AGGREGATE  DATA FROM THE RETIRED RACEHORSE REGISTRY INCLUDING THE NUMBER
 OF RETIRED RACEHORSES AND ANY OTHER INFORMATION WHICH THE GAMING COMMIS-
 SION MAY DEEM PROPER. SUCH REPORT SHALL ALSO INCLUDE INFORMATION ON  HOW
 TO  REPORT  VIOLATIONS AS PROVIDED IN SUBDIVISION THREE OF SECTION SEVEN
 HUNDRED TWELVE OF THIS ARTICLE TO THE COMMISSION ON RETIRED RACEHORSES.
   5. THE COMMISSION ON RETIRED RACEHORSES SHALL SHARE  WITH  THE  GAMING
 COMMISSION  ANY SUSPECTED VIOLATIONS AS PROVIDED IN SUBDIVISION THREE OF
 SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE AT A TIME AND IN  A  MANNER

 A. 4167                             3

 TO BE DETERMINED AND PRESCRIBED BY THE GAMING COMMISSION FOR THE PURPOSE
 OF ASSESSING CIVIL PENALTIES.
   §  712.  REPORTS  ON  RETIRED  RACEHORSES. 1. WITHIN SEVENTY-TWO HOURS
 AFTER ANY CHANGE IN OWNERSHIP REGARDING A  RETIRED  RACEHORSE,  THE  NEW
 OWNER  OR  OWNERS OF THE HORSE SHALL REPORT TO THE COMMISSION ON RETIRED
 RACEHORSES THAT SUCH OWNERSHIP HAS CHANGED AND SHALL  FILE  A  STATEMENT
 LISTING  THE  NAME  OR  NAMES  OF  THE  PREVIOUS OWNER OR OWNERS AND THE
 LICENSE NUMBER OF ANY LICENSE ISSUED BY THE  GAMING  COMMISSION  TO  THE
 PREVIOUS  OWNER  OR OWNERS, THE NAME OR NAMES, TELEPHONE NUMBER OR TELE-
 PHONE NUMBERS AND ADDRESS OR ADDRESSES OF THE NEW OWNER OR  OWNERS,  THE
 LICENSE NUMBER OF ANY LICENSE ISSUED BY THE GAMING COMMISSION TO THE NEW
 OWNER  OR OWNERS, THE TATTOO NUMBER OF SUCH HORSE AND ANY OTHER INFORMA-
 TION WHICH THE COMMISSION ON RETIRED RACEHORSES MAY REQUIRE.
   2. WITHIN SEVENTY-TWO HOURS AFTER THE DEATH OF  A  RETIRED  RACEHORSE,
 THE  OWNER OR OWNERS OF THE HORSE SHALL REPORT SUCH DEATH TO THE COMMIS-
 SION ON RETIRED RACEHORSES AND SHALL FILE A STATEMENT INCLUDING A  DEATH
 CERTIFICATE  BY  A LICENSED VETERINARIAN AND ANY OTHER INFORMATION WHICH
 THE COMMISSION ON RETIRED RACEHORSES MAY REQUIRE.
   3. ANY SOLE OR JOINT OWNER OF A RETIRED RACEHORSE WHO IS A RESIDENT OF
 THE STATE AND WHO FAILS TO FILE A STATEMENT REQUIRED TO BE FILED BY THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED  FIVE  HUNDRED
 DOLLARS FOR EACH VIOLATION.
   §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, such judgement shall not affect, impair or inval-
 idate the remainder thereof, but shall be confined in its  operation  to
 the  clause,  sentence,  subdivision, paragraph, section or part thereof
 directly involved in the controversy in which such judgement shall  have
 been rendered.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.