S T A T E O F N E W Y O R K
________________________________________________________________________
7719
I N S E N A T E
February 11, 2020
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Domestic Animal Welfare
AN ACT to amend the agriculture and markets law, in relation to the
prohibition of the slaughter of race horses and race horse breeding
stock; the racing, pari-mutuel wagering and breeding law, in relation
to requiring race horses to be microchipped; and to amend the tax law,
in relation to gifts for thoroughbred aftercare
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 382 to read as follows:
§ 382. PROHIBITION OF THE SLAUGHTER OF RACE HORSES AND RACE HORSE
BREEDING STOCK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL
BE UNLAWFUL FOR ANY PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY TO
SLAUGHTER OR HAVE ANOTHER PERSON, CORPORATION, ASSOCIATION, OR OTHER
ENTITY SLAUGHTER A RACE HORSE OR RACE HORSE BREEDING STOCK FOR A COMMER-
CIAL PURPOSE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY TO:
(A) IMPORT, EXPORT, SELL, OFFER TO SELL OR BARTER, TRANSFER, PURCHASE,
POSSESS, TRANSPORT, DELIVER, OR RECEIVE A RACE HORSE OR RACE HORSE
BREEDING STOCK WITH THE INTENT OF SLAUGHTERING OR HAVING ANOTHER PERSON,
CORPORATION, ASSOCIATION, OR OTHER ENTITY SLAUGHTER SUCH RACE HORSE OR
RACE HORSE BREEDING STOCK; OR
(B) IMPORT, EXPORT, SELL, OFFER TO SELL OR BARTER, TRANSFER, PURCHASE,
POSSESS, TRANSPORT, DELIVER, OR RECEIVE A RACE HORSE OR RACE HORSE
BREEDING STOCK, WHERE SUCH PERSON, CORPORATION, ASSOCIATION, OR OTHER
ENTITY KNOWS, OR THROUGH THE EXERCISE OF REASONABLE DILIGENCE, SHOULD
HAVE KNOWN, THAT ANOTHER PERSON, CORPORATION, ASSOCIATION, OR OTHER
ENTITY INTENDED TO SLAUGHTER SUCH RACE HORSE OR RACE HORSE BREEDING
STOCK.
3. FOR THE PURPOSES OF THIS SECTION:
(A) "RACE HORSE" SHALL MEAN:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15222-01-0
S. 7719 2
(I) A THOROUGHBRED HORSE WHICH MEETS OR EVER MET THE STANDARDS TO BE
ELIGIBLE TO RACE AT ANY TRACK LICENSED TO OPERATE PURSUANT TO ARTICLE
TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR
(II) A STANDARDBRED HORSE WHICH MEETS OR EVER MET THE STANDARDS TO BE
ELIGIBLE TO RACE AT ANY TRACK LICENSED TO OPERATE PURSUANT TO ARTICLE
THREE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW;
(B) "RACE HORSE BREEDING STOCK" SHALL MEAN: ANY MARE OR STALLION USED,
OR INTENDED TO EVER BE USED, TO PRODUCE A FOAL THAT IS INTENDED TO BE
USED AS A RACE HORSE AS DEFINED IN THIS SUBDIVISION, AS WELL AS THE FOAL
BRED BY SUCH A MARE OR STALLION.
(C) "SLAUGHTER" SHALL MEAN THE POSSESSION, IMPORTATION INTO OR EXPOR-
TATION FROM THE STATE, OR THE SALE, PURCHASE, DONATION, HOLDING, OR
ACCEPTANCE OF ANY RACE HORSE OR RACE HORSE BREEDING STOCK WITH THE
INTENT OF KILLING, OR HAVING ANOTHER KILL, THAT RACE HORSE OR RACE HORSE
BREEDING STOCK, IF THAT PERSON KNOWS OR SHOULD HAVE KNOWN THAT ANY PART
OF THAT RACE HORSE OR RACE HORSE BREEDING STOCK WILL BE USED FOR HUMAN
OR ANIMAL CONSUMPTION.
4. (A) A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY A
FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS PER EACH RACE HORSE OR RACE
HORSE BREEDING STOCK FOR AN INDIVIDUAL PERSON AND UP TO TEN THOUSAND
DOLLARS PER EACH RACE HORSE OR RACE HORSE BREEDING STOCK FOR A CORPO-
RATION, ASSOCIATION OR OTHER ENTITY, FOR THE FIRST VIOLATION. ANY SUBSE-
QUENT VIOLATION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF UP TO TEN
THOUSAND DOLLARS PER EACH RACE HORSE OR RACE HORSE BREEDING STOCK FOR AN
INDIVIDUAL PERSON AND UP TO TWENTY THOUSAND DOLLARS PER EACH RACE HORSE
OR RACE HORSE BREEDING STOCK FOR A CORPORATION, ASSOCIATION, OR OTHER
ENTITY.
(B) A VIOLATION OF THIS SECTION WILL RESULT IN THE IMMEDIATE AND
PERMANENT REVOCATION OF ANY NEW YORK STATE GAMING COMMISSION LICENSE, AS
WELL AS THE VIOLATOR BEING PERMANENTLY INELIGIBLE TO RECEIVE ANY AWARDS
PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OR THREE HUNDRED THIRTY-FOUR
OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
5.(A) ANY AND ALL CIVIL PENALTIES COLLECTED PURSUANT TO A VIOLATION
INVOLVING A THOROUGHBRED HORSE SHALL BE REMITTED TO THE NEW YORK STATE
THOROUGHBRED BREEDING AND DEVELOPMENT FUND ESTABLISHED PURSUANT TO
SECTION TWO HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW, AND SHALL BE DEPOSITED BY THAT FUND INTO A DEDICATED
ACCOUNT TO BE SPENT BY THE FUND SOLELY FOR THE PURPOSE OF THE CARE OF
RETIRED RACE HORSES, CONSISTENT WITH PARAGRAPH H OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FIFTY-FOUR OF THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW.
(B) ANY AND ALL CIVIL PENALTIES COLLECTED PURSUANT TO A VIOLATION
INVOLVING A STANDARDBRED HORSE OR RACE HORSE BREEDING STOCK SHALL BE
REMITTED TO THE AGRICULTURE AND NEW YORK STATE HORSE BREEDING DEVELOP-
MENT FUND ESTABLISHED PURSUANT TO SECTION THREE HUNDRED THIRTY OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, AND SHALL BE DEPOSITED BY
THAT FUND INTO A DEDICATED ACCOUNT, TO BE SPENT BY THE FUND SOLELY FOR
THE PURPOSE OF THE CARE OF RETIRED RACE HORSES, CONSISTENT WITH PARA-
GRAPH J OF SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH AND EVERY OWNER OF
A RACE HORSE THAT HAS COMPETED IN NEW YORK STATE ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-ONE, OR ANY OTHER HORSE USED FOR BREEDING
PURPOSES IN NEW YORK STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
TY-ONE, SHALL BE LIABLE FOR ANY VIOLATION OF THIS SECTION, UNLESS THERE
IS PROPER DOCUMENTATION OF A TRANSFER OF OWNERSHIP, AND THAT TRANSFER
S. 7719 3
MUST BE TO A PARTY WITH NO FINANCIAL OR FAMILIAL RELATIONSHIP TO THE
OWNER.
§ 2. Section 225 of the racing, pari-mutuel wagering and breeding law,
as amended by chapter 18 of the laws of 2008, is amended to read as
follows:
§ 225. Registration of race horses. The true name, sex and age, and
also the pedigree, unless such pedigree is unknown, of every horse,
mare, gelding, colt or filly shall be registered with the jockey club,
United States trotting association, American quarter horse association;
the national steeplechase and hunt association or such other entity as
the [racing and wagering board] COMMISSION may designate before it shall
be eligible to compete in any race conducted under a license or fran-
chise of the [state racing and wagering board] COMMISSION and such name
shall continue to be its true name unless and until the same shall be
changed according to the rules and regulations of such organization. The
class to which any such animal belongs for the purpose of the entry or
competition in any race shall be determined by the public performance
thereof in former contests or trials of speed, as prescribed by the
printed rules of the person, association or corporation sponsoring such
race. NO HORSE, MARE, GELDING, COLT OR FILLY SHALL BE ELIGIBLE TO
COMPETE IN ANY RACE, UNLESS IT IS FIRST MICROCHIPPED AND REGISTERED WITH
THE JOCKEY CLUB, UNITED STATES TROTTING ASSOCIATION, AMERICAN QUARTER
HORSE ASSOCIATION, THE NATIONAL STEEPLECHASE AND HUNT ASSOCIATION OR
SUCH OTHER ENTITY, AS APPLICABLE AND AS THE COMMISSION MAY DESIGNATE.
ALL MICROCHIP INFORMATION SHALL BE PROVIDED AND AVAILABLE TO THE PUBLIC
IN DIGITAL FORMAT ACCESSIBLE FROM THE INTERNET.
§ 3. Subdivision 3 of section 251 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 18 of the laws of 2008, is
amended to read as follows:
3. "New York-bred." A thoroughbred which is registered in the registry
designated and administered by such fund in accordance with such rules
concerning domicile and registration requirements as may be established
by the fund, INCLUDING THAT EACH MARE, STALLION, AND FOAL BE MICRO-
CHIPPED AND REGISTERED PURSUANT TO SECTION TWO HUNDRED TWENTY-FIVE OF
THIS ARTICLE, and: was on or before December thirty-first, nineteen
hundred eighty, foaled in this state; or is on or after January first,
nineteen hundred eighty-one, either: (i) sired by a New York stallion
and foaled from a mare domiciled in this state; (ii) foaled from a mare
domiciled in this state which mare has been serviced back exclusively by
a New York stallion in the year of such foaling; or (iii) on or after
January first, nineteen hundred ninety-five foaled from a mare domiciled
in New York. [The fund shall report to the governor and the legislature
on or before December fifteenth, nineteen hundred ninety-nine effects of
paragraph (iii) of this subdivision on the New York state breeding
industry.]
§ 4. Subdivision 2 of section 254 of the racing, pari-mutuel wagering
and breeding law is amended by adding a new paragraph h to read as
follows:
H. AN AMOUNT AS SHALL BE DETERMINED BY THE FUND FOR THE CARE OF
RETIRED HORSES, PROVIDED, HOWEVER, SUCH AMOUNTS SHALL BE ALLOCATED FROM
A DEDICATED ACCOUNT MAINTAINED BY THE FUND SUPPORTED BY THE COLLECTION
OF FINES ASSESSED PURSUANT TO SECTION THREE HUNDRED EIGHTY-TWO OF THE
AGRICULTURE AND MARKETS LAW AND CONTRIBUTIONS MADE PURSUANT TO SECTIONS
TWO HUNDRED NINE-N AND SIX HUNDRED THIRTY-H OF THE TAX LAW, AND THE FUND
SHALL NOT BE REQUIRED TO MAKE ANY ALLOCATIONS FOR SUCH PURPOSES THAT ARE
IN EXCESS OF THE AMOUNT COLLECTED PURSUANT TO THOSE SECTIONS DURING THE
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PRECEDING YEAR. IN MAKING SUCH ALLOCATIONS, THE FUND SHALL CONSIDER
WHETHER THE POTENTIAL RECIPIENT ORGANIZATION IS AN ACCREDITED HORSE
RETIREMENT AND RESCUE PROGRAM.
§ 5. Subdivision 1 of section 332 of the racing, pari-mutuel wagering
and breeding law is amended by adding a new paragraph j to read as
follows:
J. AN AMOUNT AS SHALL BE DETERMINED BY THE FUND FOR THE CARE OF
RETIRED HORSES, PROVIDED, HOWEVER, SUCH AMOUNTS SHALL BE ALLOCATED FROM
A DEDICATED ACCOUNT TO BE FUNDED BY THE COLLECTION OF FINES ASSESSED
PURSUANT TO SECTION THREE HUNDRED EIGHTY-TWO OF THE AGRICULTURE AND
MARKETS LAW.
§ 6. The opening paragraph of subdivision 1 of section 334 of the
racing, pari-mutuel wagering and breeding law, as amended by chapter 90
of the laws of 2006, is amended to read as follows:
The fund is further authorized and directed to conduct each year, at
the New York state exposition, with the approval of the director of the
exposition, or at any licensed pari-mutuel track in New York state, with
a preference given to any available licensed pari-mutuel track that is
five-eighths of a mile long or larger, colt, stake and overnight events
for standardbred horses to provide contests for two year old and three
year old colts and fillies at each gait of trotting and pacing. The
colt, stake and overnight events so conducted for two year old and three
year old colts and fillies at each gait of trotting and pacing hereunder
shall be conditioned to admit only those colts and fillies dropped from
a mare bred in this state and sired by a stallion owned or leased and
permanently standing for service at and within this state at the time of
the said foal's conception, PROVIDED, HOWEVER, THAT SUCH MARE, STALLION,
AND FOAL SHALL BE MICROCHIPPED WITH SUCH MICROCHIP INFORMATION AVAILABLE
IN A PUBLICLY AVAILABLE DATABASE PURSUANT TO SECTION TWO HUNDRED TWEN-
TY-FIVE OF THIS CHAPTER. Such colt, stake and overnight events shall be
opened for nomination not earlier than the first day of January in the
year the event is to be held and only colts and fillies and horses
complying with the following standards shall be eligible for such nomi-
nation:
§ 7. The tax law is amended by adding a new section 209-N to read as
follows:
§ 209-N. PROHIBITION OF THE SLAUGHTER OF RACE HORSES AND RACE HORSE
BREEDING STOCK. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT
TO CONTRIBUTE TO THE NEW YORK STATE THOROUGHBRED BREEDING AND DEVELOP-
MENT FUND ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FIFTY-TWO OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, FOR THE PURPOSE OF FUND-
ING THE OPERATION OF RETIRED RACE HORSE AFTERCARE FACILITIES. ANY
CONTRIBUTIONS MADE TO THE THOROUGHBRED BREEDING AND DEVELOPMENT FUND
PURSUANT TO THIS SECTION SHALL BE DEPOSITED INTO A DEDICATED ACCOUNT
MANAGED BY THE FUND, WHICH SHALL SOLELY BE USED FOR FUNDING THE OPERA-
TION OF RETIRED RACE HORSE AFTERCARE FACILITIES, WITH A PREFERENCE FOR
THOSE ORGANIZATIONS THAT ARE ACCREDITED HORSE RETIREMENT AND RESCUE
PROGRAMS. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND
SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER. THE
COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO
ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
BE CREDITED TO THE NEW YORK STATE RETIREMENT RACE HORSE AND AFTERCARE
FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES SET FORTH IN PARAGRAPH H
S. 7719 5
OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-FOUR OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW.
§ 8. The tax law is amended by adding a new section 630-h to read as
follows:
§ 630-H. GIFTS FOR THOROUGHBRED AFTERCARE. EFFECTIVE FOR ANY TAX YEAR
COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN
ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK STATE THOROUGH-
BRED BREEDING AND DEVELOPMENT FUND ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW,
FOR THE PURPOSE OF FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE
FACILITIES. ANY CONTRIBUTIONS MADE TO THE THOROUGHBRED BREEDING AND
DEVELOPMENT FUND PURSUANT TO THIS SECTION SHALL BE DEPOSITED INTO A
DEDICATED ACCOUNT MANAGED BY THE FUND, WHICH SHALL SOLELY BE USED FOR
FUNDING THE OPERATION OF RETIRED RACE HORSE AFTERCARE FACILITIES, WITH A
PREFERENCE FOR THOSE ORGANIZATIONS THAT ARE ACCREDITED HORSE RETIREMENT
AND RESCUE PROGRAMS. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH
TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME
TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS
SECTION SHALL BE CREDITED TO THE NEW YORK STATE RETIREMENT RACE HORSE
AND AFTERCARE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED
IN PARAGRAPH H OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-FOUR OF
THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
§ 9. The New York state thoroughbred breeding and development fund and
the agriculture and New York state horse breeding development fund
shall, during calendar year 2020, expend appropriate resources to ensure
that the public is made aware of the prohibitions, penalties, and
contribution opportunities established by this act.
§ 10. This act shall take immediately; provided that sections two,
three, six, seven and eight of this act shall take effect January 1,
2021, and shall apply to all fiscal years commencing on and after such
date.