Add §95-i, St Fin L; amd §330, RWB L; add §381, Ag & Mkts L
Creates the responsible retirement of racehorses fund; establishes a horse registration fee; provides such funds be expended to support responsible retirement of racehorses in this state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4220A
SPONSOR: Glick TITLE OF BILL: 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 registration fee; and to amend the agriculture and markets law, in
relation to the responsible retirement of racehorses
PURPOSE OR GENERAL IDEA OF BILL:
To amend the state finance law, in relation to the creation of the
responsible retirement of racehorses fund; to amend the racing, pari-mu-
tuel wagering and breeding law, in relation to a horse registration fee;
and to amend the agriculture and markets law, in relation to the respon-
sible retirement of racehorses.
SUMMARY OF SPECIFIC PROVISIONS:
Horses in the United States are not bred for human consumption but for
sporting and recreational activities, this is what differentiates them
from livestock such as pigs and cattle. Horses are routinely given drugs
that are banned in animals that are bound for slaughter for food. One of
these is Phenlybrutazone, which has been banned for human consumption by
the FDA as it has been found to cause blood dyscrasias, including aplas-
tic anemia, leucopenia, agranulocytosis, and thrombocytopenia and can be
fatal. Horses are not tested to ensure that they do not have these drugs
in their systems when they are being slaughtered.
This bill seeks to amend the state finance law by adding a new section
pertaining to the responsible retirement of racehorses. The fund will be
expended for the purpose of supporting responsible horse retirement of
thoroughbreds and standard-breds by allotting the moneys to designated
horse retirement and rescue programs. The eligibility of such programs
will be determined by the Commissioner of Agriculture and Markets and
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 other such factors as the commissioner
deems appropriate. Such programs must be non-profit organizations which
are tax-exempt.
The bill stipulates these sources shall contribute to the fund: one half
of one percent will come from the commissions from video lottery gaming
revenue from New York State's Tracks and Resorts World Casino and any
video lottery gaming added after this section shall become a law; one
half of one percent of all purses at the New York State track; five
percent of the New York State thoroughbred breeding and development fund
annual revenue; and, ten percent of fees generated by the agriculture
and New York State horse breeding development fund. Defines a racehorse
as any horse whose racing career has concluded or a horse that was bred
to race but has never competed in a race.
JUSTIFICATION:
Too many racehorses are bred each year simply because they are dispos-
able once their racing career is done. For this reason, a fund must be
established in order to responsibly retire racehorses as an alternative
to slaughter. This bill is based on the recommendations of the New York
State Task Force on Retired Racehorses, which was created by the NYS
Legislature as a means to protect and enforce the humane treatment of
horses.
PRIOR LEGISLATIVE HISTORY:
2015-16 A.5342: Referred to ways and means
2013/2014 A8997-A: referred to ways and means
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law
STATE OF NEW YORK
________________________________________________________________________
4220--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
___________
Introduced by M. of A. GLICK, L. ROSENTHAL, COOK, GOTTFRIED, FAHY --
read once and referred to the Committee on Ways and Means -- recommit-
ted to the Committee on Ways and Means in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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:
1 Section 1. The state finance law is amended by adding a new section
2 95-i to read as follows:
3 § 95-i. Responsible retirement of racehorses fund. 1. There is hereby
4 established in the sole custody of the commissioner of taxation and
5 finance a special fund to be known as the "responsible retirement of
6 racehorses fund". Monies in the fund shall be kept separate from and not
7 commingled with other funds held in the sole custody of the commissioner
8 of taxation and finance.
9 2. (a) Such fund shall consist of all revenues received by the depart-
10 ment of taxation and finance pursuant to paragraph (b) of this subdivi-
11 sion and all other money appropriated, credited, or transferred thereto
12 from any other fund or source pursuant to law. Nothing contained herein
13 shall prevent the state from receiving grants, gifts or bequests for the
14 purposes of the fund as defined in this section and depositing them into
15 the fund according to law.
16 (b) The sources of the "responsible retirement of racehorses fund"
17 shall be as follows:
18 (i) one-half of one percent of the commissions from video lottery
19 gaming revenue from New York's tracks and Resorts World Casino New York
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03145-03-8
A. 4220--A 2
1 City and any video lottery gaming added after this section shall have
2 become a law;
3 (ii) one-half of one percent of all purses at the New York state
4 tracks;
5 (iii) five percent of the New York state thoroughbred breeding and
6 development fund annual revenue; and
7 (iv) ten percent of fees generated by the agriculture and New York
8 state horse breeding development fund pursuant to section three hundred
9 thirty of the racing, pari-mutuel wagering and breeding law.
10 3. The moneys in said account shall be retained by the fund and shall
11 be payable from the fund by the commissioner of taxation and finance on
12 vouchers certified or approved by the commissioner of agriculture and
13 markets or his or her designee and only for the purposes set forth in
14 this section.
15 4. The moneys in such fund shall be expended for the purpose of
16 supporting responsible horse retirement of thoroughbreds and standard-
17 breds in New York state. Eligible horse retirement and rescue programs
18 are those approved by the commissioner of agriculture and markets.
19 § 2. Section 330 of the racing, pari-mutuel wagering and breeding law
20 is amended by adding a new subdivision 6 to read as follows:
21 6. The fund is directed to establish a horse registration fee for each
22 horse registered pursuant to this chapter, with the proceeds of such fee
23 to be credited to the fund.
24 § 3. The agriculture and markets law is amended by adding a new
25 section 381 to read as follows:
26 § 381. Responsible retirement of racehorses. 1. The commissioner
27 shall compile a list of approved horse retirement and rescue programs
28 eligible to receive funding from the responsible retirement of racehors-
29 es fund established pursuant to section ninety-five-i of the state
30 finance law. The eligibility of a rescue program shall be determined
31 based upon the economic sustainability of the rescue, the rescue's long
32 term stability, the rescue's demonstration of an ongoing commitment to
33 the proper care of horses, and such other factors as the commissioner
34 shall deem appropriate after consultation with the farm bureau, horse
35 breeder associations and societies for the prevention of cruelty to
36 animals and humane societies. All approved rescues must be non-profit
37 organizations which are tax-exempt pursuant to the provisions of section
38 501(c)(3) of the Internal Revenue Code.
39 2. For purposes of this section the term racehorse shall include a
40 horse whose racing career has concluded or a horse that was bred to race
41 but has never competed in a race.
42 § 4. This act shall take effect on the one hundred twentieth day after
43 it shall have become a law.
