S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1645
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
   on Racing and Wagering
 
 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 though the policy change is in  the  interest
 of  the  New  York Racing Association, and the New York State Racing and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02074-01-9

 A. 1645                             2
 
 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.
   § 2. The racing, pari-mutuel wagering and breeding law is  amended  by
 adding a new section 258 to read as follows:
   §  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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such effective date.