A03535 Summary:

BILL NOA03535B
 
SAME ASSAME AS S01974-B
 
SPONSORPretlow
 
COSPNSRWoerner, Pheffer Amato, Lupardo
 
MLTSPNSR
 
Add Art 7-A §§710 - 712, RWB L
 
Establishes the commission on retired racehorses, which shall be responsible for the oversight of retired racehorses including the creation of a registry to track such racehorses.
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A03535 Actions:

BILL NOA03535B
 
01/29/2019referred to racing and wagering
04/24/2019amend and recommit to racing and wagering
04/24/2019print number 3535a
04/30/2019reported referred to codes
05/21/2019reported referred to ways and means
06/05/2019reported referred to rules
06/17/2019reported
06/17/2019rules report cal.337
06/17/2019ordered to third reading rules cal.337
06/18/2019substituted by s1974a
 S01974 AMEND=B ADDABBO
 01/18/2019REFERRED TO RACING, GAMING AND WAGERING
 03/06/20191ST REPORT CAL.231
 03/07/20192ND REPORT CAL.
 03/11/2019ADVANCED TO THIRD READING
 05/29/2019AMENDED ON THIRD READING 1974A
 06/11/2019PASSED SENATE
 06/11/2019DELIVERED TO ASSEMBLY
 06/11/2019referred to ways and means
 06/18/2019substituted for a3535a
 06/18/2019ordered to third reading rules cal.337
 01/08/2020died in assembly
 01/08/2020returned to senate
 01/08/2020REFERRED TO RACING, GAMING AND WAGERING
 01/22/2020AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING
 01/22/2020PRINT NUMBER 1974B
 01/08/2020ordered to third reading cal.146
 01/21/2020amended on third reading 3535b
 07/20/2020passed assembly
 07/20/2020delivered to senate
 07/20/2020REFERRED TO RULES
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A03535 Committee Votes:

RACING AND WAGERING Chair:Pretlow DATE:04/30/2019AYE/NAY:10/1 Action: Favorable refer to committee Codes
PretlowAyeLiPetriNay
GuntherAyeGarbarinoAye
MillerAyeLawrenceAye
SolagesAye
WoernerAye
SantabarbaraAye
Pheffer AmatoAye
VanelAye

CODES Chair:Lentol DATE:05/21/2019AYE/NAY:21/0 Action: Favorable refer to committee Ways and Means
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAbsentMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

WAYS AND MEANS Chair:Weinstein DATE:06/05/2019AYE/NAY:30/1 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayAye
LentolAyeCrouchAye
SchimmingerAyeFitzpatrickAye
GanttExcusedHawleyAye
GlickAyeMalliotakisAye
NolanExcusedMontesanoNay
PretlowAyeRaAye
PerryAyeBlankenbushAye
ColtonAyePalmesanoAye
CookAyeNorrisAye
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAbsent
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerExcused

RULES Chair:Gottfried DATE:06/17/2019AYE/NAY:24/2 Action: Favorable
HeastieExcusedKolbNay
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyNay
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineExcused
LupardoAye
ZebrowskiAye

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A03535 Floor Votes:

DATE:07/20/2020Assembly Vote  YEA/NAY: 141/0
Yes
Abbate
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Solages
Yes
Abinanti
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Stec
Yes
Arroyo
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Steck
Yes
Ashby
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Stern
Yes
Aubry
Yes
Darling
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stirpe
Yes
Barclay
Yes
Davila
Yes
Griffin
ER
McDonough
Yes
Ramos
Yes
Tague
Yes
Barnwell
Yes
De La Rosa
Yes
Gunther
Yes
McMahon
Yes
Reilly
Yes
Taylor
Yes
Barrett
Yes
DenDekker
Yes
Hawley
Yes
Mikulin
Yes
Reyes
Yes
Thiele
Yes
Barron
Yes
DeStefano
Yes
Hevesi
Yes
Miller B
ER
Richardson
Yes
Vanel
Yes
Benedetto
Yes
Dickens
Yes
Hunter
Yes
Miller MG
Yes
Rivera
Yes
Walczyk
Yes
Bichotte
Yes
Dilan
Yes
Hyndman
Yes
Miller ML
Yes
Rodriguez
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Jacobson
Yes
Montesano
Yes
Rosenthal D
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rosenthal L
Yes
Walsh
Yes
Brabenec
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Braunstein
Yes
Eichenstein
Yes
Johns
Yes
Niou
Yes
Ryan
Yes
Weprin
Yes
Bronson
Yes
Englebright
Yes
Jones
Yes
Nolan
Yes
Salka
Yes
Williams
Yes
Buchwald
Yes
Epstein
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Burke
Yes
Fahy
Yes
Kim
Yes
O'Donnell
Yes
Sayegh
Yes
Wright
Yes
Buttenschon
Yes
Fall
Yes
Kolb
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
Yes
Byrne
Yes
Fernandez
Yes
Lalor
Yes
Otis
Yes
Schmitt
Yes
Mr. Speaker
Yes
Byrnes
ER
Finch
Yes
Lavine
Yes
Palmesano
Yes
Seawright
Yes
Cahill
Yes
Fitzpatrick
Yes
Lawrence
Yes
Palumbo
Yes
Simon
Yes
Carroll
Yes
Friend
Yes
Lentol
Yes
Paulin
Yes
Simotas
Yes
Colton
Yes
Frontus
Yes
Lifton
Yes
Peoples-Stokes
Yes
Smith
Yes
Cook
Yes
Galef
Yes
LiPetri
Yes
Perry
Yes
Smullen

‡ Indicates voting via videoconference
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A03535 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3535--B
                                                                Cal. No. 146
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by M. of A. PRETLOW, WOERNER, PHEFFER AMATO -- read once and
          referred  to  the  Committee  on  Racing  and  Wagering  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- ordered to a third reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
          relation to establishing the commission on retired racehorses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
     2  amended by adding a new article 7-A to read as follows:
     3                                 ARTICLE 7-A
     4                      COMMISSION ON RETIRED RACEHORSES
     5  Section 710. Commission on retired racehorses.
     6          711. Powers and duties of commission.
     7          712. Reports on retired racehorses.
     8    §  710.  Commission  on retired racehorses. 1.  There is hereby estab-
     9  lished a commission on retired racehorses. Such  commission  on  retired
    10  racehorses  shall  consist  of  seven  members,  three  of whom shall be
    11  appointed by the governor, two of whom shall be appointed by the  tempo-
    12  rary  president  of the senate and two of whom shall be appointed by the
    13  speaker of the assembly. Of the three members appointed by the governor,
    14  two shall be appointed upon the recommendation of the gaming commission.
    15  One of the appointed members of the  commission  on  retired  racehorses
    16  shall  be  representative  of owners and breeders of standardbred horses
    17  and one shall be representative of owners and breeders  of  thoroughbred
    18  horses.  Three  of  the  appointed  members of the commission on retired
    19  racehorses shall be representative of: (a)  persons  with  expertise  in
    20  training  horses  for  uses  other  than racing, such as riding schools,
    21  steeplechase competitions,  show  horse  competitions  (e.g.,  dressage,
    22  hunter/jumper,  English,  Western,  and costume competitions), and other
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06983-07-0

        A. 3535--B                          2
 
     1  recreational uses, (b) persons with experience in the potential farm  or
     2  other  rural  economic business applications for horses, and (c) persons
     3  familiar with the use of horses for recreational or therapeutic uses.
     4    2. The members of the commission on retired racehorses shall serve for
     5  terms of four years each.
     6    3. Every member of the commission on retired racehorses shall serve at
     7  the  pleasure of the official who appointed him or her. Vacancies in the
     8  membership of such commission shall be filled in the manner provided for
     9  original appointments.
    10    4. The members of the commission on retired racehorses  shall  receive
    11  no  compensation  for  their services, but shall be allowed their actual
    12  and necessary expenses incurred  in  the  performance  of  their  duties
    13  pursuant to this section.
    14    §  711.  Powers and duties of commission. 1. The commission on retired
    15  racehorses, in cooperation with the gaming commission, shall be  respon-
    16  sible for the oversight of retired racehorses, including the tracking of
    17  such  racehorses.  For the purposes of this article, a retired racehorse
    18  shall mean (a) a New York-bred thoroughbred as  defined  by  subdivision
    19  three of section two hundred fifty-one of this chapter which is no long-
    20  er  engaged in horseracing or (b) a standardbred which meets or ever met
    21  the standards set forth in subdivision  one  of  section  three  hundred
    22  thirty-four  of  this  chapter  and  which is no longer engaged in horse
    23  racing.
    24    2. The commission on  retired  racehorses,  in  cooperation  with  the
    25  gaming  commission,  shall be responsible for the creation of a registry
    26  which would track retired racehorses in New York  state.  Such  registry
    27  shall include information provided by each owner and subsequent owner of
    28  a retired racehorse, as provided in section seven hundred twelve of this
    29  article.   Notwithstanding any other provision of law, the commission on
    30  retired racehorses shall maintain and update this registry. The  commis-
    31  sion  on  retired  racehorses may access any relevant information in the
    32  registries designated and administered by the New York  state  thorough-
    33  bred  breeding  and  development  fund  and the agriculture and New York
    34  state horse breeding development fund to facilitate  the  implementation
    35  of this article.
    36    3.  The  commission  on  retired racehorses shall work with the gaming
    37  commission to identify methods by which the information in  the  retired
    38  racehorse  registry  may  be  utilized  to address the well-being and/or
    39  employment of retired racehorses, including but not limited  to  strate-
    40  gies  to  address  the  issue of abandoned racehorses and to prevent the
    41  slaughter of retired racehorses. The commission  on  retired  racehorses
    42  shall also furnish related future recommendations regarding the funding,
    43  care and treatment of retired racehorses. Such recommendations and rele-
    44  vant  data  that  support such recommendations shall be submitted to the
    45  gaming commission for publication on their website.
    46    4. The commission on retired racehorses shall  work  with  the  gaming
    47  commission to publish on the gaming commission website at least quarter-
    48  ly,  in such forms as the gaming commission may deem proper, a report of
    49  aggregate data from the retired racehorse registry including the  number
    50  of retired racehorses and any other information which the gaming commis-
    51  sion  may deem proper. Such report shall also include information on how
    52  to report violations as provided in subdivision three of  section  seven
    53  hundred twelve of this article to the commission on retired racehorses.
    54    5.  The  commission  on retired racehorses shall share with the gaming
    55  commission any suspected violations as provided in subdivision three  of
    56  section  seven  hundred twelve of this article at a time and in a manner

        A. 3535--B                          3

     1  to be determined and prescribed by the gaming commission for the purpose
     2  of assessing civil penalties.
     3    §  712.  Reports  on  retired  racehorses. 1. Within seventy-two hours
     4  after any change in ownership regarding a retired racehorse, boarded  in
     5  New  York  state  during any part of the calendar year, the new owner or
     6  owners of the horse shall report to the commission on retired racehorses
     7  that such ownership has changed and shall file a statement  listing  the
     8  name  or names of the previous owner or owners and the license number of
     9  any license issued by the gaming commission to  the  previous  owner  or
    10  owners,  the  name  or  names, telephone number or telephone numbers and
    11  address or addresses of the new owner or owners, the license  number  of
    12  any  license issued by the gaming commission to the new owner or owners,
    13  the tattoo number of such horse and  any  other  information  which  the
    14  commission  on  retired  racehorses may require. In the event that there
    15  are multiple owners of a retired racehorse,  one  designated  owner  may
    16  register on behalf of all owners.
    17    2.  Within  seventy-two  hours after the death of a retired racehorse,
    18  the owner or owners of the horse shall report such death to the  commis-
    19  sion  on retired racehorses and shall file a statement including a death
    20  certificate by a licensed veterinarian and any other  information  which
    21  the commission on retired racehorses may require.
    22    3. Any sole or joint owner of a retired racehorse who is a resident of
    23  the state and who fails to file a statement required to be filed by this
    24  section  shall  be  subject to a civil penalty not to exceed two hundred
    25  fifty dollars for each violation.
    26    § 2. Severability. If any clause,  sentence,  subdivision,  paragraph,
    27  section or part of this act be adjudged by any court of competent juris-
    28  diction to be invalid, such judgement shall not affect, impair or inval-
    29  idate  the  remainder thereof, but shall be confined in its operation to
    30  the clause, sentence, subdivision, paragraph, section  or  part  thereof
    31  directly  involved in the controversy in which such judgement shall have
    32  been rendered.
    33    § 3. This act shall take effect on April 1, 2021.
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