S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3815
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of A. GLICK, L. ROSENTHAL, COOK, FAHY -- Multi-Spon-
   sored by -- M. of A. SIMON -- read once and referred to the  Committee
   on Ways and Means
 
 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-l to read as follows:
   § 95-L. 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
 CITY AND ANY VIDEO LOTTERY GAMING ADDED AFTER THIS  SECTION  SHALL  HAVE
 BECOME A LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02913-01-3
              

 A. 3815                             2
 
   (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 385 to read as follows:
   § 385. 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 RACEHORSES FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-L 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 APPRO-
 PRIATE AFTER CONSULTATION WITH THE FARM BUREAU,  HORSE  BREEDER  ASSOCI-
 ATIONS 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.