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S01442 Summary:

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S01442 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1442--B
            Cal. No. 87
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 12, 2021
                                       ___________
 
        Introduced by Sens. ADDABBO, BORRELLO, BROUK, GAUGHRAN, JACKSON, JORDAN,
          MANNION,  MAY,  PALUMBO,  SEPULVEDA -- 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, passed by  Senate
          and  delivered  to the Assembly, recalled, vote reconsidered, restored
          to third reading, amended and ordered reprinted, retaining  its  place
          in  the order of third reading -- again amended and ordered reprinted,
          retaining its place in the order of third reading
 
        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; to amend 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 and standardbred race
          horse aftercare
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 382 to read as follows:
     3    § 382. Prohibition of the slaughter of  race  horses  and  race  horse
     4  breeding  stock. 1. Notwithstanding any other provision of law, it shall
     5  be unlawful for any person, corporation, association, or other entity to
     6  slaughter or have another person,  corporation,  association,  or  other
     7  entity  slaughter  a  horse  for  a commercial purpose that such person,
     8  corporation, association or other entity knows to have been a race horse
     9  or race horse breeding stock.
    10    2. Notwithstanding any other provision of law, it  shall  be  unlawful
    11  for any person, corporation, association, or other entity who owns or is
    12  in  the process of taking ownership of a race horse or race horse breed-
    13  ing stock to import, export, sell, offer to sell  or  barter,  transfer,
    14  purchase,  possess,  transport,  deliver,  or receive, or direct another
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05854-07-1
        S. 1442--B                          2
 
     1  person to import, export, sell,  offer  to  sell  or  barter,  transfer,
     2  purchase,  possess,  transport,  deliver,  or  receive a horse that such
     3  person, corporation, association or other entity  knows  to  be  a  race
     4  horse  or  race  horse breeding stock with the intent of slaughtering or
     5  having another person, corporation, association, or other entity slaugh-
     6  ter such race horse or race horse breeding stock.
     7    3. For the purposes of this section:
     8    (a) "race horse" shall mean:
     9    (i) a thoroughbred horse which meets or ever met the standards  to  be
    10  eligible  to  race  at any track licensed to operate pursuant to article
    11  two of the racing, pari-mutuel wagering and breeding law; or
    12    (ii) a standardbred horse which meets or ever met the standards to  be
    13  eligible  to  race  at any track licensed to operate pursuant to article
    14  three of the racing, pari-mutuel wagering and breeding law;
    15    (b) "race horse breeding stock" shall mean: any mare or stallion used,
    16  or intended to ever be used, to produce a foal that is  intended  to  be
    17  used as a race horse as defined in this subdivision, as well as the foal
    18  bred by such a mare or stallion.
    19    (c)  "slaughter" shall mean the intentional killing, or having another
    20  kill, a race horse or race horse breeding stock, if  that  person  knows
    21  that the purpose of such killing is using any part of such race horse or
    22  race  horse  breeding  stock  for human or animal consumption.   Nothing
    23  herein shall prohibit a person from lawful  disposition  of  a  deceased
    24  race  horse  or  race  horse breeding stock or any part of such horse or
    25  stock.
    26    4. (a) A violation of this section is a misdemeanor  punishable  by  a
    27  fine  of  not more than one thousand dollars per each race horse or race
    28  horse breeding stock for an individual person and  up  to  two  thousand
    29  five  hundred  dollars  per each race horse or race horse breeding stock
    30  for a corporation, association or other entity, for the first violation.
    31  Any subsequent violation shall be punishable by a  fine  of  up  to  two
    32  thousand dollars per each race horse or race horse breeding stock for an
    33  individual person and up to five thousand dollars per each race horse or
    34  race horse breeding stock for a corporation, association, or other enti-
    35  ty.
    36    (b) A violation of this section will subject any New York state gaming
    37  commission  license  to  the provisions of section two hundred twenty or
    38  three hundred nine of the racing, pari-mutuel wagering and breeding law.
    39    5. (a) Any and all fines collected pursuant to a violation involving a
    40  thoroughbred horse shall be remitted to the New York state  thoroughbred
    41  breeding  and  development  fund  established  pursuant  to  section two
    42  hundred fifty-two of the racing, pari-mutuel wagering and breeding  law,
    43  and shall be deposited by that fund into a dedicated account to be spent
    44  by  the  fund solely for the purpose of the care of retired race horses,
    45  consistent with paragraph h of subdivision two of  section  two  hundred
    46  fifty-four of the racing, pari-mutuel wagering and breeding law.
    47    (b)  Any  and  all fines collected pursuant to a violation involving a
    48  standardbred horse or race horse breeding stock shall be remitted to the
    49  agriculture and New York state horse breeding  development  fund  estab-
    50  lished  pursuant to section three hundred thirty of the racing, pari-mu-
    51  tuel wagering and breeding law, and shall be deposited by that fund into
    52  a dedicated account, to be spent by the fund solely for the  purpose  of
    53  the care of retired race horses, consistent with paragraph j of subdivi-
    54  sion  one of section three hundred thirty-two of the racing, pari-mutuel
    55  wagering and breeding law.
        S. 1442--B                          3
 
     1    6. Notwithstanding any other provision of law, each and every owner of
     2  a race horse that has competed in New York state  on  or  after  January
     3  first,  two  thousand  twenty-two,  or any other horse used for breeding
     4  purposes in New York state on or after January first, two thousand twen-
     5  ty-two,  shall be liable for any violation of this section, unless there
     6  is proper documentation of a transfer of ownership,  and  that  transfer
     7  must  be  to  a  party with no financial or familial relationship to the
     8  owner.
     9    7. Legal liability under this section for  any  race  horse  shall  be
    10  limited  to the last individual or corporation in the chain of ownership
    11  of said horse, as determined by notice to the breed registry  as  refer-
    12  enced  in  section  two  hundred  twenty-five of the racing, pari-mutuel
    13  wagering and breeding law for  that  breed  or  other  documentation  of
    14  ownership. Further, the purchaser or seller of any registered race horse
    15  sold by a New York state resident or corporation who is a member of such
    16  registry  shall  be required to provide notification of said sale to the
    17  relevant breed registry in  order  to  document  ownership  and  protect
    18  previous owners from liability under this section.
    19    8.  The  commissioner shall develop a program, in cooperation with the
    20  gaming commission, New York state thoroughbred breeding and  development
    21  fund,  and the agriculture and New York state horse breeding development
    22  fund to disseminate information about the provisions of this section  to
    23  horse owners, sellers, buyers and transporters including, but not limit-
    24  ed  to farmers, recreational horse businesses, livestock and horse deal-
    25  ers, horse rescue and aftercare organizations,  renderers,  animal  food
    26  producers,   and  any  other  organizations  or  businesses  potentially
    27  impacted by this section.
    28    § 2. Section 225 of the racing, pari-mutuel wagering and breeding law,
    29  as amended by chapter 243 of the laws of 2020, is  amended  to  read  as
    30  follows:
    31    §  225.  Registration  of race horses. The true name, sex and age, and
    32  also the pedigree, unless such pedigree  is  unknown,  of  every  horse,
    33  mare,  gelding,  colt or filly shall be registered with the jockey club,
    34  United States trotting association, American quarter horse  association,
    35  the  national  steeplechase and hunt association or such other entity as
    36  the commission may designate before it shall be eligible to  compete  in
    37  any  race  conducted  under a license or franchise of the commission and
    38  such name shall continue to be its true name unless and until  the  same
    39  shall  be  changed according to the rules and regulations of such organ-
    40  ization.  The class to which any such animal belongs for the purpose  of
    41  the  entry  or competition in any race shall be determined by the public
    42  performance thereof in former contests or trials of speed, as prescribed
    43  by the printed rules of the person, association or corporation  sponsor-
    44  ing  such race. No horse, mare, gelding, colt or filly shall be eligible
    45  to compete in any race, unless it is first microchipped  and  registered
    46  with  the    jockey  club,  United States trotting association, American
    47  quarter horse association, the national steeplechase  and  hunt  associ-
    48  ation  or  such  other  entity,  as applicable and as the commission may
    49  designate.  The commission may request that all microchip information be
    50  provided and available to the commission as necessary pursuant  to  this
    51  chapter.
    52    §  3. Subdivision 3 of section 251 of the racing, pari-mutuel wagering
    53  and breeding law, as amended by chapter 18  of  the  laws  of  2008,  is
    54  amended to read as follows:
    55    3. "New York-bred." A thoroughbred which is registered in the registry
    56  designated  and  administered by such fund in accordance with such rules
        S. 1442--B                          4

     1  concerning domicile and registration requirements as may be  established
     2  by  the  fund,  including  that  each mare, stallion, and foal be micro-
     3  chipped and registered pursuant to section two  hundred  twenty-five  of
     4  this  article,  and:  was  on  or before December thirty-first, nineteen
     5  hundred eighty, foaled in this state; or is on or after  January  first,
     6  nineteen  hundred  eighty-one,  either: (i) sired by a New York stallion
     7  and foaled from a mare domiciled in this state; (ii) foaled from a  mare
     8  domiciled in this state which mare has been serviced back exclusively by
     9  a  New  York  stallion in the year of such foaling; or (iii) on or after
    10  January first, nineteen hundred ninety-five foaled from a mare domiciled
    11  in New York. [The fund shall report to the governor and the  legislature
    12  on or before December fifteenth, nineteen hundred ninety-nine effects of
    13  paragraph  (iii)  of  this  subdivision  on  the New York state breeding
    14  industry.]
    15    § 4. Subdivision 2 of section 254 of the racing, pari-mutuel  wagering
    16  and  breeding  law  is  amended  by  adding a new paragraph h to read as
    17  follows:
    18    h. An amount as shall be determined  by  the  fund  for  the  care  of
    19  retired  horses, provided, however, such amounts shall be allocated from
    20  a dedicated account maintained by the fund supported by  the  collection
    21  of  fines  assessed  pursuant to section three hundred eighty-two of the
    22  agriculture and markets law and contributions made pursuant to  sections
    23  two hundred nine-N and six hundred thirty-i of the tax law, and the fund
    24  shall not be required to make any allocations for such purposes that are
    25  in  excess of the amount collected pursuant to those sections during the
    26  preceding year. In making such  allocations,  the  fund  shall  consider
    27  whether  the  potential  recipient  organization  is an accredited horse
    28  retirement and rescue program.  The gaming commission shall establish an
    29  advisory board to consult the fund when  making  such  allocations  with
    30  representatives  of  thoroughbred  and standardbred owners and breeders,
    31  and animal protection  organizations  with  expertise  in  the  care  of
    32  retired and rescued horses.
    33    §  5. Subdivision 1 of section 332 of the racing, pari-mutuel wagering
    34  and breeding law is amended by adding a  new  paragraph  j  to  read  as
    35  follows:
    36    j.  An  amount  as  shall  be  determined  by the fund for the care of
    37  retired horses, provided, however, such amounts shall be allocated  from
    38  a  dedicated  account  to  be funded by the collection of fines assessed
    39  pursuant to section three hundred  eighty-two  of  the  agriculture  and
    40  markets law.  The gaming commission shall establish an advisory board to
    41  consult  the  fund  when making such allocations with representatives of
    42  thoroughbred and standardbred owners and breeders, and animal protection
    43  organizations with expertise in the care of retired and rescued horses.
    44    § 6. The opening paragraph of subdivision 1  of  section  334  of  the
    45  racing,  pari-mutuel wagering and breeding law, as amended by chapter 90
    46  of the laws of 2006, is amended to read as follows:
    47    The fund is further authorized and directed to conduct each  year,  at
    48  the  New York state exposition, with the approval of the director of the
    49  exposition, or at any licensed pari-mutuel track in New York state, with
    50  a preference given to any available licensed pari-mutuel track  that  is
    51  five-eighths  of a mile long or larger, colt, stake and overnight events
    52  for standardbred horses to provide contests for two year old  and  three
    53  year  old  colts  and  fillies  at each gait of trotting and pacing. The
    54  colt, stake and overnight events so conducted for two year old and three
    55  year old colts and fillies at each gait of trotting and pacing hereunder
    56  shall be conditioned to admit only those colts and fillies dropped  from
        S. 1442--B                          5
 
     1  a  mare  bred  in this state and sired by a stallion owned or leased and
     2  permanently standing for service at and within this state at the time of
     3  the said foal's conception, provided, however, that such mare, stallion,
     4  and foal shall be microchipped with such microchip information which the
     5  commission  may  request  be  provided  and  made  available pursuant to
     6  section two hundred twenty-five of this chapter. Such  colt,  stake  and
     7  overnight  events  shall  be  opened for nomination not earlier than the
     8  first day of January in the year the event is to be held and only  colts
     9  and  fillies  and horses complying with the following standards shall be
    10  eligible for such nomination:
    11    § 7. The tax law is amended by adding two new sections 209-N and 209-O
    12  to read as follows:
    13    § 209-N.  Retired  and  rescued  thoroughbred  race  horse  aftercare.
    14  Effective  for any tax year commencing on or after the effective date of
    15  this section, a taxpayer in any taxable year may elect to contribute  to
    16  the  New  York  state  thoroughbred breeding and development fund estab-
    17  lished pursuant to section two hundred fifty-two of the racing, pari-mu-
    18  tuel wagering and breeding law, for the purpose of funding the operation
    19  of retired race horse aftercare facilities. Any  contributions  made  to
    20  the  thoroughbred breeding and development fund pursuant to this section
    21  shall be deposited into a dedicated account managed by the  fund,  which
    22  shall  solely  be  used  for funding the operation of retired race horse
    23  aftercare facilities, with a preference for those organizations that are
    24  accredited horse retirement and rescue programs. Such contribution shall
    25  be in any whole dollar amount and shall not reduce  the  amount  of  the
    26  state tax owed by such taxpayer. The commissioner shall include space on
    27  the  corporate  income  tax  return  to  enable  a taxpayer to make such
    28  contribution.  Notwithstanding any other provision of law, all  revenues
    29  collected  pursuant  to  this  section shall be credited to the New York
    30  state thoroughbred retirement race horse and aftercare fund and shall be
    31  used only for those purposes set forth in paragraph h of subdivision two
    32  of section two hundred fifty-four of the  racing,  pari-mutuel  wagering
    33  and breeding law.
    34    § 209-O. Retired and rescued standardbred race horse aftercare. Effec-
    35  tive  for any tax year commencing on or after the effective date of this
    36  section, a taxpayer in any taxable year may elect to contribute  to  the
    37  agriculture and New York horse breeding and development fund established
    38  pursuant  to  section  three  hundred  thirty of the racing, pari-mutuel
    39  wagering and breeding law, for the purpose of funding the  operation  of
    40  retired  race  horse aftercare facilities. Any contributions made to the
    41  agriculture and New York state horse breeding development fund  pursuant
    42  to  this  section shall be deposited into a dedicated account managed by
    43  the fund, which shall solely  be  used  for  funding  the  operation  of
    44  retired  race  horse  aftercare  facilities, with a preference for those
    45  organizations that are accredited horse retirement and rescue  programs.
    46  Such  contribution  shall  be  in  any whole dollar amount and shall not
    47  reduce the amount of the state tax owed by such  taxpayer.  The  commis-
    48  sioner  shall include space on the corporate income tax return to enable
    49  a  taxpayer  to  make  such  contribution.  Notwithstanding  any   other
    50  provision  of law, all revenues collected pursuant to this section shall
    51  be credited to the New York state standardbred retirement race horse and
    52  aftercare fund and shall be used only for those purposes  enumerated  in
    53  paragraph  j  of  subdivision one of section three hundred thirty-two of
    54  the racing, pari-mutuel wagering and breeding law.
    55    § 8. The tax law is amended by adding two new sections 630-i and 630-j
    56  to read as follows:
        S. 1442--B                          6
 
     1    § 630-i. Gifts for thoroughbred aftercare. Effective for any tax  year
     2  commencing on or after the effective date of this section, a taxpayer in
     3  any taxable year may elect to contribute to the New York state thorough-
     4  bred  breeding  and development fund established pursuant to section two
     5  hundred  fifty-two of the racing, pari-mutuel wagering and breeding law,
     6  for the purpose of funding the operation of retired race horse aftercare
     7  facilities. Any contributions made  to  the  thoroughbred  breeding  and
     8  development  fund  pursuant  to  this  section shall be deposited into a
     9  dedicated account managed by the fund, which shall solely  be  used  for
    10  funding the operation of retired race horse aftercare facilities, with a
    11  preference  for those organizations that are accredited horse retirement
    12  and rescue programs. Such contribution shall  be  in  any  whole  dollar
    13  amount  and  shall  not  reduce the amount of the state tax owed by such
    14  taxpayer. The commissioner shall include space on  the  personal  income
    15  tax return to enable a taxpayer to make such contribution. Notwithstand-
    16  ing  any other provision of law, all revenues collected pursuant to this
    17  section shall be credited to the New York state thoroughbred  retirement
    18  race  horse and aftercare fund and shall be used only for those purposes
    19  enumerated in paragraph h of subdivision  two  of  section  two  hundred
    20  fifty-four of the racing, pari-mutuel wagering and breeding law.
    21    §  630-j. Gifts for standardbred aftercare. Effective for any tax year
    22  commencing on or after the effective date of this section, a taxpayer in
    23  any taxable year may elect to contribute to the agriculture and New York
    24  horse breeding and development  fund  established  pursuant  to  section
    25  three  hundred  thirty  of the racing, pari-mutuel wagering and breeding
    26  law, for the purpose of funding the  operation  of  retired  race  horse
    27  aftercare  facilities. Any contributions made to the agriculture and New
    28  York horse breeding and development fund pursuant to this section  shall
    29  be  deposited  into a dedicated account managed by the fund, which shall
    30  be solely used for funding the operation of retired race horse aftercare
    31  facilities, with preference for those organizations that are  accredited
    32  horse  retirement and rescue programs. Such contribution shall be in any
    33  whole dollar amount and shall not reduce the amount  of  the  state  tax
    34  owed  by  such  taxpayer.  The  commissioner  shall include space on the
    35  personal income tax return to enable a taxpayer to  make  such  contrib-
    36  ution.    Notwithstanding  any  other  provision  of  law,  all revenues
    37  collected pursuant to this section shall be credited  to  the  New  York
    38  state standardbred retirement race horse and aftercare fund and shall be
    39  used  only  for  those purposes enumerated in paragraph j of subdivision
    40  one of section three  hundred  thirty-two  of  the  racing,  pari-mutuel
    41  wagering and breeding law.
    42    § 9. The New York state thoroughbred breeding and development fund and
    43  the agriculture and New York state horse breeding development fund shall
    44  expend  appropriate resources to ensure that the public is made aware of
    45  the prohibitions, penalties, and contribution opportunities  established
    46  by this act.
    47    §  10.  This act shall take effect immediately; provided that sections
    48  two, three, six, seven and eight of this act shall take  effect  January
    49  1,  2022,  and  shall  apply to all fiscal years commencing on and after
    50  such date.