S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2473--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by Sens. LAVALLE, ADDABBO, TEDISCO -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Finance
   --  recommitted  to the Committee on Finance in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the state finance law, in relation to the creation of
   the responsible retirement of racehorses fund; to  amend  the  racing,
   pari-mutuel  wagering  and breeding law, in relation to a horse regis-
   tration fee; and to amend the agriculture and markets law, in relation
   to the responsible retirement of racehorses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 95-i to read as follows:
   § 95-I. RESPONSIBLE RETIREMENT OF RACEHORSES FUND. 1. THERE IS  HEREBY
 ESTABLISHED  IN  THE  SOLE  CUSTODY  OF THE COMMISSIONER OF TAXATION AND
 FINANCE A SPECIAL FUND TO BE KNOWN AS  THE  "RESPONSIBLE  RETIREMENT  OF
 RACEHORSES FUND". MONIES IN THE FUND SHALL BE KEPT SEPARATE FROM AND NOT
 COMMINGLED WITH OTHER FUNDS HELD IN THE SOLE CUSTODY OF THE COMMISSIONER
 OF TAXATION AND FINANCE.
   2. (A) SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPART-
 MENT  OF TAXATION AND FINANCE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
 SION AND ALL OTHER MONEY APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING CONTAINED HEREIN
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   (B)  THE  SOURCES  OF  THE "RESPONSIBLE RETIREMENT OF RACEHORSES FUND"
 SHALL BE AS FOLLOWS:
   (I) ONE-HALF OF ONE PERCENT OF  THE  COMMISSIONS  FROM  VIDEO  LOTTERY
 GAMING  REVENUE FROM NEW YORK'S TRACKS AND RESORTS WORLD CASINO NEW YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03145-02-8

 S. 2473--A                          2
 
 CITY AND ANY VIDEO LOTTERY GAMING ADDED AFTER THIS  SECTION  SHALL  HAVE
 BECOME A LAW;
   (II)  ONE-HALF  OF  ONE  PERCENT  OF  ALL PURSES AT THE NEW YORK STATE
 TRACKS;
   (III) FIVE PERCENT OF THE NEW YORK  STATE  THOROUGHBRED  BREEDING  AND
 DEVELOPMENT FUND ANNUAL REVENUE; AND
   (IV)  TEN  PERCENT  OF  FEES GENERATED BY THE AGRICULTURE AND NEW YORK
 STATE HORSE BREEDING DEVELOPMENT FUND PURSUANT TO SECTION THREE  HUNDRED
 THIRTY OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
   3.  THE MONEYS IN SAID ACCOUNT SHALL BE RETAINED BY THE FUND AND SHALL
 BE PAYABLE FROM THE FUND BY THE COMMISSIONER OF TAXATION AND FINANCE  ON
 VOUCHERS  CERTIFIED  OR  APPROVED BY THE COMMISSIONER OF AGRICULTURE AND
 MARKETS OR HIS OR HER DESIGNEE AND ONLY FOR THE PURPOSES  SET  FORTH  IN
 THIS SECTION.
   4.  THE  MONEYS  IN  SUCH  FUND  SHALL  BE EXPENDED FOR THE PURPOSE OF
 SUPPORTING RESPONSIBLE HORSE RETIREMENT OF THOROUGHBREDS  AND  STANDARD-
 BREDS  IN NEW YORK STATE.  ELIGIBLE HORSE RETIREMENT AND RESCUE PROGRAMS
 ARE THOSE APPROVED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS.
   § 2. Section 330 of the racing, pari-mutuel wagering and breeding  law
 is amended by adding a new subdivision 6 to read as follows:
   6. THE FUND IS DIRECTED TO ESTABLISH A HORSE REGISTRATION FEE FOR EACH
 HORSE REGISTERED PURSUANT TO THIS CHAPTER, WITH THE PROCEEDS OF SUCH FEE
 TO BE CREDITED TO THE FUND.
   §  3.    The  agriculture  and  markets law is amended by adding a new
 section 381 to read as follows:
   § 381. RESPONSIBLE RETIREMENT OF RACEHORSES.   1.    THE  COMMISSIONER
 SHALL  COMPILE  A  LIST OF APPROVED HORSE RETIREMENT AND RESCUE PROGRAMS
 ELIGIBLE TO RECEIVE FUNDING FROM THE RESPONSIBLE RETIREMENT OF RACEHORS-
 ES FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-FIVE-I  OF  THE  STATE
 FINANCE  LAW.  THE  ELIGIBILITY  OF A RESCUE PROGRAM SHALL BE DETERMINED
 BASED UPON THE ECONOMIC SUSTAINABILITY OF THE RESCUE, THE RESCUE'S  LONG
 TERM  STABILITY,  THE RESCUE'S DEMONSTRATION OF AN ONGOING COMMITMENT TO
 THE PROPER CARE OF HORSES, AND SUCH OTHER FACTORS  AS  THE  COMMISSIONER
 SHALL  DEEM  APPROPRIATE  AFTER CONSULTATION WITH THE FARM BUREAU, HORSE
 BREEDER ASSOCIATIONS AND SOCIETIES FOR  THE  PREVENTION  OF  CRUELTY  TO
 ANIMALS  AND  HUMANE SOCIETIES.  ALL APPROVED RESCUES MUST BE NON-PROFIT
 ORGANIZATIONS WHICH ARE TAX-EXEMPT PURSUANT TO THE PROVISIONS OF SECTION
 501(C)(3) OF THE INTERNAL REVENUE CODE.
   2. FOR PURPOSES OF THIS SECTION THE TERM  RACEHORSE  SHALL  INCLUDE  A
 HORSE WHOSE RACING CAREER HAS CONCLUDED OR A HORSE THAT WAS BRED TO RACE
 BUT HAS NEVER COMPETED IN A RACE.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.