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A04154 Summary:

BILL NOA04154B
 
SAME ASSAME AS S01442-B
 
SPONSORPretlow
 
COSPNSRLupardo, Zinerman, Kelles, Stirpe, Englebright, Cruz, Griffin, Epstein
 
MLTSPNSR
 
Add §382, Ag & Mkts L; amd §§225, 251, 254, 332 & 334, RWB L; add §§209-N, 209-O, 630-i & 630-j, Tax L
 
Relates to the aftercare of retired race horses; prohibits the slaughter of race horses and race horse breeding stock; requires that race horses be microchipped; provides for gifts for thoroughbred aftercare on tax returns.
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A04154 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4154--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by  M.  of  A. PRETLOW, LUPARDO, ZINERMAN, KELLES, STIRPE --
          read once and referred to the Committee on  Agriculture  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported and referred to the Committee on Codes
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        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
    15  person  to  import,  export,  sell,  offer  to sell or barter, transfer,
    16  purchase, possess, transport, deliver, or  receive  a  horse  that  such
    17  person,  corporation,  association  or  other  entity knows to be a race
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05854-06-1

        A. 4154--B                          2
 
     1  horse or race horse breeding stock with the intent  of  slaughtering  or
     2  having another person, corporation, association, or other entity slaugh-
     3  ter such race horse or race horse breeding stock.
     4    3. For the purposes of this section:
     5    (a) "race horse" shall mean:
     6    (i)  a  thoroughbred horse which meets or ever met the standards to be
     7  eligible to race at any track licensed to operate  pursuant  to  article
     8  two of the racing, pari-mutuel wagering and breeding law; or
     9    (ii)  a standardbred horse which meets or ever met the standards to be
    10  eligible to race at any track licensed to operate  pursuant  to  article
    11  three of the racing, pari-mutuel wagering and breeding law;
    12    (b) "race horse breeding stock" shall mean: any mare or stallion used,
    13  or  intended  to  ever be used, to produce a foal that is intended to be
    14  used as a race horse as defined in this subdivision, as well as the foal
    15  bred by such a mare or stallion.
    16    (c) "slaughter" shall mean the intentional killing, or having  another
    17  kill,  a  race  horse or race horse breeding stock, if that person knows
    18  that the purpose of such killing is using any part of such race horse or
    19  race horse breeding stock for human  or  animal  consumption.    Nothing
    20  herein  shall  prohibit  a  person from lawful disposition of a deceased
    21  race horse or race horse breeding stock or any part  of  such  horse  or
    22  stock.
    23    4.  (a)  A  violation of this section is a misdemeanor punishable by a
    24  fine of not more than one thousand dollars per each race horse  or  race
    25  horse  breeding  stock  for  an individual person and up to two thousand
    26  five hundred dollars per each race horse or race  horse  breeding  stock
    27  for a corporation, association or other entity, for the first violation.
    28  Any  subsequent  violation  shall  be  punishable by a fine of up to two
    29  thousand dollars per each race horse or race horse breeding stock for an
    30  individual person and up to five thousand dollars per each race horse or
    31  race horse breeding stock for a corporation, association, or other enti-
    32  ty.
    33    (b) A violation of this section will subject any New York state gaming
    34  commission license to the provisions of section two  hundred  twenty  or
    35  three hundred nine of the racing, pari-mutuel wagering and breeding law.
    36    5. (a) Any and all fines collected pursuant to a violation involving a
    37  thoroughbred  horse shall be remitted to the New York state thoroughbred
    38  breeding and  development  fund  established  pursuant  to  section  two
    39  hundred  fifty-two of the racing, pari-mutuel wagering and breeding law,
    40  and shall be deposited by that fund into a dedicated account to be spent
    41  by the fund solely for the purpose of the care of retired  race  horses,
    42  consistent  with  paragraph  h of subdivision two of section two hundred
    43  fifty-four of the racing, pari-mutuel wagering and breeding law.
    44    (b) Any and all fines collected pursuant to a  violation  involving  a
    45  standardbred horse or race horse breeding stock shall be remitted to the
    46  agriculture  and  New  York state horse breeding development fund estab-
    47  lished pursuant to section three hundred thirty of the racing,  pari-mu-
    48  tuel wagering and breeding law, and shall be deposited by that fund into
    49  a  dedicated  account, to be spent by the fund solely for the purpose of
    50  the care of retired race horses, consistent with paragraph j of subdivi-
    51  sion one of section three hundred thirty-two of the racing,  pari-mutuel
    52  wagering and breeding law.
    53    6. Notwithstanding any other provision of law, each and every owner of
    54  a  race  horse  that  has competed in New York state on or after January
    55  first, two thousand twenty-two, or any other  horse  used  for  breeding
    56  purposes in New York state on or after January first, two thousand twen-

        A. 4154--B                          3
 
     1  ty-two,  shall be liable for any violation of this section, unless there
     2  is proper documentation of a transfer of ownership,  and  that  transfer
     3  must  be  to  a  party with no financial or familial relationship to the
     4  owner.
     5    7.  Legal  liability  under  this  section for any race horse shall be
     6  limited to the last individual or corporation in the chain of  ownership
     7  of  said  horse, as determined by notice to the breed registry as refer-
     8  enced in section two hundred  twenty-five  of  the  racing,  pari-mutuel
     9  wagering  and  breeding  law  for  that  breed or other documentation of
    10  ownership. Further, the purchaser or seller of any registered race horse
    11  sold by a New York state resident or corporation who is a member of such
    12  registry shall be required to provide notification of said sale  to  the
    13  relevant  breed  registry  in  order  to  document ownership and protect
    14  previous owners from liability under this section.
    15    8. The commissioner shall develop a program, in cooperation  with  the
    16  gaming  commission, New York state thoroughbred breeding and development
    17  fund, and the agriculture and New York state horse breeding  development
    18  fund  to disseminate information about the provisions of this section to
    19  horse owners, sellers, buyers and transporters including, but not limit-
    20  ed to farmers, recreational horse businesses, livestock and horse  deal-
    21  ers,  horse  rescue  and aftercare organizations, renderers, animal food
    22  producers,  and  any  other  organizations  or  businesses   potentially
    23  impacted by this section.
    24    § 2. Section 225 of the racing, pari-mutuel wagering and breeding law,
    25  as  amended  by  chapter  243 of the laws of 2020, is amended to read as
    26  follows:
    27    § 225. Registration of race horses. The true name, sex  and  age,  and
    28  also  the  pedigree,  unless  such  pedigree is unknown, of every horse,
    29  mare, gelding, colt or filly shall be registered with the  jockey  club,
    30  United  States trotting association, American quarter horse association,
    31  the national steeplechase and hunt association or such other  entity  as
    32  the  commission  may designate before it shall be eligible to compete in
    33  any race conducted under a license or franchise of  the  commission  and
    34  such  name  shall continue to be its true name unless and until the same
    35  shall be changed according to the rules and regulations of  such  organ-
    36  ization.   The class to which any such animal belongs for the purpose of
    37  the entry or competition in any race shall be determined by  the  public
    38  performance thereof in former contests or trials of speed, as prescribed
    39  by  the printed rules of the person, association or corporation sponsor-
    40  ing such race. No horse, mare, gelding, colt or filly shall be  eligible
    41  to  compete  in any race, unless it is first microchipped and registered
    42  with the   jockey club, United  States  trotting  association,  American
    43  quarter  horse  association,  the national steeplechase and hunt associ-
    44  ation or such other entity, as applicable  and  as  the  commission  may
    45  designate.  The commission may request that all microchip information be
    46  provided  and  available to the commission as necessary pursuant to this
    47  chapter.
    48    § 3. Subdivision 3 of section 251 of the racing, pari-mutuel  wagering
    49  and  breeding  law,  as  amended  by  chapter 18 of the laws of 2008, is
    50  amended to read as follows:
    51    3. "New York-bred." A thoroughbred which is registered in the registry
    52  designated and administered by such fund in accordance with  such  rules
    53  concerning  domicile and registration requirements as may be established
    54  by the fund, including that each mare,  stallion,  and  foal  be  micro-
    55  chipped  and  registered  pursuant to section two hundred twenty-five of
    56  this article, and: was on  or  before  December  thirty-first,  nineteen

        A. 4154--B                          4
 
     1  hundred  eighty,  foaled in this state; or is on or after January first,
     2  nineteen hundred eighty-one, either: (i) sired by a  New  York  stallion
     3  and  foaled from a mare domiciled in this state; (ii) foaled from a mare
     4  domiciled in this state which mare has been serviced back exclusively by
     5  a  New  York  stallion in the year of such foaling; or (iii) on or after
     6  January first, nineteen hundred ninety-five foaled from a mare domiciled
     7  in New York. [The fund shall report to the governor and the  legislature
     8  on or before December fifteenth, nineteen hundred ninety-nine effects of
     9  paragraph  (iii)  of  this  subdivision  on  the New York state breeding
    10  industry.]
    11    § 4. Subdivision 2 of section 254 of the racing, pari-mutuel  wagering
    12  and  breeding  law  is  amended  by  adding a new paragraph h to read as
    13  follows:
    14    h. An amount as shall be determined  by  the  fund  for  the  care  of
    15  retired  horses, provided, however, such amounts shall be allocated from
    16  a dedicated account maintained by the fund supported by  the  collection
    17  of  fines  assessed  pursuant to section three hundred eighty-two of the
    18  agriculture and markets law and contributions made pursuant to  sections
    19  two hundred nine-N and six hundred thirty-i of the tax law, and the fund
    20  shall not be required to make any allocations for such purposes that are
    21  in  excess of the amount collected pursuant to those sections during the
    22  preceding year. In making such  allocations,  the  fund  shall  consider
    23  whether  the  potential  recipient  organization  is an accredited horse
    24  retirement and rescue program.  The gaming commission shall establish an
    25  advisory board to consult the fund when  making  such  allocations  with
    26  representatives  of  thoroughbred  and standardbred owners and breeders,
    27  and animal protection  organizations  with  expertise  in  the  care  of
    28  retired and rescued horses.
    29    §  5. Subdivision 1 of section 332 of the racing, pari-mutuel wagering
    30  and breeding law is amended by adding a  new  paragraph  j  to  read  as
    31  follows:
    32    j.  An  amount  as  shall  be  determined  by the fund for the care of
    33  retired horses, provided, however, such amounts shall be allocated  from
    34  a  dedicated  account  to  be funded by the collection of fines assessed
    35  pursuant to section three hundred  eighty-two  of  the  agriculture  and
    36  markets law.  The gaming commission shall establish an advisory board to
    37  consult  the  fund  when making such allocations with representatives of
    38  thoroughbred and standardbred owners and breeders, and animal protection
    39  organizations with expertise in the care of retired and rescued horses.
    40    § 6. The opening paragraph of subdivision 1  of  section  334  of  the
    41  racing,  pari-mutuel wagering and breeding law, as amended by chapter 90
    42  of the laws of 2006, is amended to read as follows:
    43    The fund is further authorized and directed to conduct each  year,  at
    44  the  New York state exposition, with the approval of the director of the
    45  exposition, or at any licensed pari-mutuel track in New York state, with
    46  a preference given to any available licensed pari-mutuel track  that  is
    47  five-eighths  of a mile long or larger, colt, stake and overnight events
    48  for standardbred horses to provide contests for two year old  and  three
    49  year  old  colts  and  fillies  at each gait of trotting and pacing. The
    50  colt, stake and overnight events so conducted for two year old and three
    51  year old colts and fillies at each gait of trotting and pacing hereunder
    52  shall be conditioned to admit only those colts and fillies dropped  from
    53  a  mare  bred  in this state and sired by a stallion owned or leased and
    54  permanently standing for service at and within this state at the time of
    55  the said foal's conception, provided, however, that such mare, stallion,
    56  and foal shall be microchipped with such microchip information which the

        A. 4154--B                          5
 
     1  commission may request  be  provided  and  made  available  pursuant  to
     2  section  two  hundred  twenty-five of this chapter. Such colt, stake and
     3  overnight events shall be opened for nomination  not  earlier  than  the
     4  first  day of January in the year the event is to be held and only colts
     5  and fillies and horses complying with the following standards  shall  be
     6  eligible for such nomination:
     7    § 7. The tax law is amended by adding two new sections 209-N and 209-O
     8  to read as follows:
     9    §  209-N.  Retired  and  rescued  thoroughbred  race  horse aftercare.
    10  Effective for any tax year commencing on or after the effective date  of
    11  this  section, a taxpayer in any taxable year may elect to contribute to
    12  the New York state thoroughbred breeding  and  development  fund  estab-
    13  lished pursuant to section two hundred fifty-two of the racing, pari-mu-
    14  tuel wagering and breeding law, for the purpose of funding the operation
    15  of  retired  race  horse aftercare facilities. Any contributions made to
    16  the thoroughbred breeding and development fund pursuant to this  section
    17  shall  be  deposited into a dedicated account managed by the fund, which
    18  shall solely be used for funding the operation  of  retired  race  horse
    19  aftercare facilities, with a preference for those organizations that are
    20  accredited horse retirement and rescue programs. Such contribution shall
    21  be  in  any  whole  dollar amount and shall not reduce the amount of the
    22  state tax owed by such taxpayer. The commissioner shall include space on
    23  the corporate income tax return  to  enable  a  taxpayer  to  make  such
    24  contribution.   Notwithstanding any other provision of law, all revenues
    25  collected pursuant to this section shall be credited  to  the  New  York
    26  state thoroughbred retirement race horse and aftercare fund and shall be
    27  used only for those purposes set forth in paragraph h of subdivision two
    28  of  section  two  hundred fifty-four of the racing, pari-mutuel wagering
    29  and breeding law.
    30    § 209-O. Retired and rescued standardbred race horse aftercare. Effec-
    31  tive for any tax year commencing on or after the effective date of  this
    32  section,  a  taxpayer in any taxable year may elect to contribute to the
    33  agriculture and New York horse breeding and development fund established
    34  pursuant to section three hundred  thirty  of  the  racing,  pari-mutuel
    35  wagering  and  breeding law, for the purpose of funding the operation of
    36  retired race horse aftercare facilities. Any contributions made  to  the
    37  agriculture  and New York state horse breeding development fund pursuant
    38  to this section shall be deposited into a dedicated account  managed  by
    39  the  fund,  which  shall  solely  be  used  for funding the operation of
    40  retired race horse aftercare facilities, with  a  preference  for  those
    41  organizations  that are accredited horse retirement and rescue programs.
    42  Such contribution shall be in any whole  dollar  amount  and  shall  not
    43  reduce  the  amount  of the state tax owed by such taxpayer. The commis-
    44  sioner shall include space on the corporate income tax return to  enable
    45  a   taxpayer  to  make  such  contribution.  Notwithstanding  any  other
    46  provision of law, all revenues collected pursuant to this section  shall
    47  be credited to the New York state standardbred retirement race horse and
    48  aftercare  fund  and shall be used only for those purposes enumerated in
    49  paragraph j of subdivision one of section three  hundred  thirty-two  of
    50  the racing, pari-mutuel wagering and breeding law.
    51    § 8. The tax law is amended by adding two new sections 630-i and 630-j
    52  to read as follows:
    53    §  630-i. Gifts for thoroughbred aftercare. Effective for any tax year
    54  commencing on or after the effective date of this section, a taxpayer in
    55  any taxable year may elect to contribute to the New York state thorough-
    56  bred breeding and development fund established pursuant to  section  two

        A. 4154--B                          6

     1  hundred  fifty-two of the racing, pari-mutuel wagering and breeding law,
     2  for the purpose of funding the operation of retired race horse aftercare
     3  facilities. Any contributions made  to  the  thoroughbred  breeding  and
     4  development  fund  pursuant  to  this  section shall be deposited into a
     5  dedicated account managed by the fund, which shall solely  be  used  for
     6  funding the operation of retired race horse aftercare facilities, with a
     7  preference  for those organizations that are accredited horse retirement
     8  and rescue programs. Such contribution shall  be  in  any  whole  dollar
     9  amount  and  shall  not  reduce the amount of the state tax owed by such
    10  taxpayer. The commissioner shall include space on  the  personal  income
    11  tax return to enable a taxpayer to make such contribution. Notwithstand-
    12  ing  any other provision of law, all revenues collected pursuant to this
    13  section shall be credited to the New York state thoroughbred  retirement
    14  race  horse and aftercare fund and shall be used only for those purposes
    15  enumerated in paragraph h of subdivision  two  of  section  two  hundred
    16  fifty-four of the racing, pari-mutuel wagering and breeding law.
    17    §  630-j. Gifts for standardbred aftercare. Effective for any tax year
    18  commencing on or after the effective date of this section, a taxpayer in
    19  any taxable year may elect to contribute to the agriculture and New York
    20  horse breeding and development  fund  established  pursuant  to  section
    21  three  hundred  thirty  of the racing, pari-mutuel wagering and breeding
    22  law, for the purpose of funding the  operation  of  retired  race  horse
    23  aftercare  facilities. Any contributions made to the agriculture and New
    24  York horse breeding and development fund pursuant to this section  shall
    25  be  deposited  into a dedicated account managed by the fund, which shall
    26  be solely used for funding the operation of retired race horse aftercare
    27  facilities, with preference for those organizations that are  accredited
    28  horse  retirement and rescue programs. Such contribution shall be in any
    29  whole dollar amount and shall not reduce the amount  of  the  state  tax
    30  owed  by  such  taxpayer.  The  commissioner  shall include space on the
    31  personal income tax return to enable a taxpayer to  make  such  contrib-
    32  ution.    Notwithstanding  any  other  provision  of  law,  all revenues
    33  collected pursuant to this section shall be credited  to  the  New  York
    34  state standardbred retirement race horse and aftercare fund and shall be
    35  used  only  for  those purposes enumerated in paragraph j of subdivision
    36  one of section three  hundred  thirty-two  of  the  racing,  pari-mutuel
    37  wagering and breeding law.
    38    § 9. The New York state thoroughbred breeding and development fund and
    39  the agriculture and New York state horse breeding development fund shall
    40  expend  appropriate resources to ensure that the public is made aware of
    41  the prohibitions, penalties, and contribution opportunities  established
    42  by this act.
    43    §  10.  This act shall take effect immediately; provided that sections
    44  two, three, six, seven and eight of this act shall take  effect  January
    45  1,  2022,  and  shall  apply to all fiscal years commencing on and after
    46  such date.
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