New York A 4154: Relates to the aftercare of retired race horses

Bill 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 (underscored) is new; matter in bracketsitalics
[ ] 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