Relates to the transfer of veterinary records for claimed racehorses

Summary of specific provisions

Section 1: Sets forth the legislative intent.

Section 2: Amends the racing, pari-mutuel wagering and breeding law by adding a new section that would require the owner to transfer all veterinary records for a claimed racehorse to the claimant within forty-eight hours of the time that the claim has been finalized.

Section 3: Sets forth the effective date.

Justification

Between November 30, 2011 and March 18, 2012, twenty-one horses were euthanized or died at Aqueduct Race Track. This number far exceeded the North American average for racing fatalities, prompting widespread public outcry and raising numerous concerns within the industry. As a result, the New York State Racing Association (NYRA) assembled an independent task force "to review the circumstances involving these breakdowns, analyze the cause or causes and recommend any necessary action to (prevent) equine breakdowns at NYRA facilities." As a result, the Task Force assembled their discoveries and recommendations in the "New York Task Force on Racehorse Health and Safety." One of the main areas of concern for the Task Force was claiming races, where new owners of claimed horses do not receive veterinary records from the horses' previous owner. In the official report, the Task Force notes that during their investigation several horses' deaths could have been avoided as, "It is unlikely that the trainer had knowledge of any medical treatments performed prior to his claiming the horse. This may have compromised the trainer's ability to make informed decisions regarding medication administrations." For Almighty Silver, a horse who was claimed five times in his career, the Task Force reported that, "Almighty Silver was claimed three times in the three months leading up to his final race. The lack of transfer of medical history became increasingly problematic with each claim."

This bill is vital because in the equine fatalities investigated by the Task Force, eight out of the twenty-one horses that were euthanized had been claimed more than twice in their racing careers. Four had been claimed three times, and one was claimed five times. Overall, seventeen of the twenty-one fatalities at Aqueduct during that four month period occurred in claiming races. However, the popularity of claiming races has increased in recent years. At Aqueduct Race Track alone in 2011-2012, there was a total of 683

claiming races, for a total 69% of all races. These 683 claiming races resulted in 449 claimed horses, a 138% increase from the 2010-2011 racing season. Despite recommendations from the Task Force, and the policy change being in the interest of the New York Racing Association, and the New York State Racing and Wagering Board, no action has been taken. In addition, the policy change has received wide-spread support from the American Association of Equine Practitioners, who was quoted in the Official Report by the Task Force as stating, "AAEP supports the position that when a horse is sold, any known invasive surgery, disease, injury or congenital defect, which is not apparent, should be disclosed to the intended buyer by the owner and/or agent."

Prior legislative history

None

Fiscal implications

None

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such effective date.