S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3968
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 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.
              

                                                            LBD08871-01-1

 A. 3968                             2
 
   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
 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.

 A. 3968                             3
 
   § 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, 2023.