S T A T E O F N E W Y O R K
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1974--B
2019-2020 Regular Sessions
I N S E N A T E
January 18, 2019
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Introduced by Sens. ADDABBO, GAUGHRAN, MARTINEZ -- read twice and
ordered printed, and when printed to be committed to the Committee on
Racing, Gaming and Wagering -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading -- recommitted to the Committee on Racing, Gaming and
Wagering 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06983-08-0
S. 1974--B 2
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.
2. THE MEMBERS OF THE COMMISSION ON RETIRED RACEHORSES SHALL SERVE FOR
TERMS OF FOUR 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 IN NEW YORK STATE. SUCH REGISTRY
SHALL INCLUDE INFORMATION 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 COMMIS-
SION ON RETIRED RACEHORSES MAY ACCESS ANY RELEVANT INFORMATION IN THE
REGISTRIES DESIGNATED AND ADMINISTERED BY THE NEW YORK STATE THOROUGH-
BRED BREEDING AND DEVELOPMENT FUND AND THE AGRICULTURE AND NEW YORK
STATE HORSE BREEDING DEVELOPMENT FUND TO FACILITATE THE IMPLEMENTATION
OF THIS ARTICLE.
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 FOR PUBLICATION ON THEIR WEBSITE.
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
S. 1974--B 3
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
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, BOARDED IN
NEW YORK STATE DURING ANY PART OF THE CALENDAR YEAR, 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 TELEPHONE 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 INFORMATION WHICH THE
COMMISSION ON RETIRED RACEHORSES MAY REQUIRE. IN THE EVENT THAT THERE
ARE MULTIPLE OWNERS OF A RETIRED RACEHORSE, ONE DESIGNATED OWNER MAY
REGISTER ON BEHALF OF ALL OWNERS.
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 TWO HUNDRED
FIFTY 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 April 1, 2021.
