Transfer of Veterinary Records for All Claimed Racehorses

Bill No: A01564

Requires veterinary records for all claimed racehorses in claiming races, must be transferred from the owner of the racehorse to the claimant within 48 hours of finalizing the claim.

Sponsor:  Stephen Hawley — District 139
Room 329 LOB
Albany, NY 12248

121 N. Main Street
Suite 100
Albion, NY 14411

A01564 Actions:

BILL NO A01564
01/12/2017 referred to racing and wagering

A01564 Text:


 January 12, 2017
        Introduced by M. of A. HAWLEY -- read once and referred to the Committee
          on Racing and Wagering
        AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in relation to requiring transfer of all veterinary records of a  claimed
racehorse from the owner to the claimant within forty-eight hours from the time the claim is finalized

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Legislative  Intent.  The  legislature  hereby  finds  and
     2  declares  that  it  is in the best public policy interests of the state,
     3  its businesses and its citizens to ensure that, to the  greatest  extent
     4  possible,  the  letter and spirit of its thoroughbred racing regulations
     5  aimed at protecting the health of New York's racehorses as well  as  the
     6  jockeys,  trainers,  and owners, are enforced and enacted for any person
     7  doing business in the New York state racing industry.
     8    Measures to improve safety and health are necessary responses  to  the
     9  "New  York  Task  Force on Racehorse Health and Safety" established as a
    10  result of the fatalities of twenty-one racehorses at Aqueduct Race Track
    11  during a four month period in 2011 and 2012. The task force stated  that
    12  because  horses are regularly sold in claiming races and due to the lack
    13  of transferring veterinary records at the time of sale, "horses are  put
    14  at  increased  risk  of  repeated,  and potentially unnecessary invasive
    15  joint therapies." This increased risk  was  evidenced  in  the  official
    16  report  by the task force which noted the deaths of two racehorses could
    17  have been prevented because "it is unlikely that the trainer  was  aware
    18  of  any  medical treatments that may have occurred prior to his claiming
    19  the horse. This may have  compromised  the  trainer's  ability  to  make
    20  informed decisions with regard to medication administrations."
    21    Despite  recommendations  by  the  task force, little has been done to
    22  mitigate the problems even though the policy change is in  the  interest
    23  of  the  New  York Racing Association, and the New York State Racing and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A. 1564                             2
     1  Wagering Board. The policy change has also obtained wide-spread  support
     2  from the American Association of Equine Practitioners, who stated in the
     3  official  report, "AAEP supports the position that when a horse is sold,
     4  any  known invasive surgery, disease, injury or congenital defect, which
     5  is not apparent, should be disclosed to the intended buyer by the  owner
     6  and/or  agent."  This  state of affairs places unnecessary danger on the
     7  racehorses and the jockeys of all the horses in  claiming  races  across
     8  the  state.  This  legislature  further  declares that it is in the best
     9  interest of the state to adopt policies  that  promote  the  health  and
    10  safety  of racehorses through improved disclosure and sharing of veteri-
    11  narian records.
    12    § 2. The racing, pari-mutuel wagering and breeding law is  amended  by
    13  adding a new section 258 to read as follows:
    14    §  258.  Transfer  of  veterinary  records  for claimed racehorses. 1.
    15  Definitions. As used in this section, the following terms shall have the
    16  following meanings:
    17    (a) "Claiming race" means a race in which every horse running in  such
    18  race may be claimed.
    19    (b)  "Claimant"  means a person or entity who successfully becomes the
    20  owner of a horse in a claiming race.
    21    (c) "Owner" as applied to the racing of a horse  means,  any  managing
    22  owner,  a racing owner, a part owner, a lessor or lessee and may compro-
    23  mise one or more people in a  partnership  or  any  form  of  collective
    24  ownership.
    25    (d) "Practicing veterinarian" means a licensed veterinarian who treats
    26  any racehorse.
    27    (e)  "Racehorse"  means  any  thoroughbred registered or qualified for
    28  registration by the jockey club.
    29    (f) "Veterinary records" means any record of veterinary care  adminis-
    30  tered by a licensed, practicing veterinarian.
    31    2.  In  order  to ensure the public's confidence and continue the high
    32  degree of integrity and safety in  racing  at  the  pari-mutuel  betting
    33  tracks,  veterinary records for all claimed racehorses in claiming races
    34  must be transferred from the owner  of  the  racehorse  or  the  owner's
    35  authorized agent to the claimant. This transfer must be completed within
    36  forty-eight  hours  of  the  time that the claim is finalized. The state
    37  racing and wagering board shall promulgate  any  rules  and  regulations
    38  necessary  to  implement  the  provisions of this section, including any
    39  voidable claims and administrative penalties necessary.
    40    § 3. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law; provided, however, that effective immediate-
    42  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    43  necessary  for  the implementation of this act on its effective date are
    44  authorized to be made on or before such effective date.