Defines a commercial equine operation as an agricultural enterprise, consisting of at least seven acres and stabling at least ten horses, regardless of ownership, that receives more than ten thousand dollars or more annually from fees generated through provision of commercial equine activities or production for sale of crops or livestock; includes commercial equine operation in the definition of a farm operation.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to commercial equine operation in agriculture districts
PURPOSE OF GENERAL IDEA OF BILL: This bill would recognize the contributions to the agricultural industry of "commercial equine operations" by providing these operations with eligibility access to agricultural district protections and an agricultural assessment pursuant to Agriculture and Markets law.
SUMMARY OF SPECIFIC PROVISIONS: Section 301 of Agriculture and Markets law is amended in the following manner:
Subsection 11 is amended to include "commercial equine operations" within the definition of "farm operation" and thereby would have access to agricultural district protections and an agricultural assessment, provided that the commercial equine operation meets certain eligibility criteria.
Subsection 17 is amended to outline the eligibility criteria for access by "commercial equine operations." To gain agricultural district protections and an agricultural assessment, these operations must consist of at least seven acres and stable at least ten horses, regardless of ownership. They must also receive ten thousand dollars or more in gross receipts annually from fees generated through the provision of commercial equine activities including, but not limited to, riding lessons, trail riding activities or training of horses or through the production for sale of crops, livestock, and livestock products.
JUSTIFICATION: Commercial horse boarding operations already have access to agricultural district protections and agricultural assessment tax relief if they consist of at least seven acres, board ten horses and gross $10,000. This legislation would provide similar benefits to comparable operations that provide horse training, trail riding and riding lessons, in addition to boarding.
According to the National Agricultural Statistical Service's (NASS) Equine Survey from 2005 (the latest survey available), there are approximately 200,000 horses in New York, with a value of $1.83 billion. Over all, total equine-related assets, held by owners, are valued at approximately $10 billion.
Total annual revenue to the New York economy from equine businesses is approximately $450 million annually. A large portion of this total comes from revenues generated by providing equine services, such as boarding, trail riding, riding lessons, training and therapeutic riding. As of now, however, Agriculture and Markets law does not recognize "commercial equine operations" as agriculture in New York State.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 5168 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to commer- cial equine operation in agriculture districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 11 of section 301 of the agriculture and markets law, as amended by chapter 120 of the laws of 2010, is amended and a new subdivision 17 is added to read as follows: 11. "Farm operation" means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contrib- ute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in subdivision fourteen of this section
[and], "compost, mulch or other biomass crops" as defined in subdivision sixteen of this section AND "COMMERCIAL EQUINE OPERATION" AS DEFINED IN SUBDIVISION SEVENTEEN OF THIS SECTION. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. 17. "COMMERCIAL EQUINE OPERATION" MEANS AN AGRICULTURAL ENTERPRISE, CONSISTING OF AT LEAST SEVEN ACRES AND STABLING AT LEAST TEN HORSES, REGARDLESS OF OWNERSHIP, THAT RECEIVES TEN THOUSAND DOLLARS OR MORE IN GROSS RECEIPTS ANNUALLY FROM FEES GENERATED THROUGH THE PROVISION OF COMMERCIAL EQUINE ACTIVITIES INCLUDING, BUT NOT LIMITED TO RIDING LESSONS, TRAIL RIDING ACTIVITIES OR TRAINING OF HORSES OR THROUGH THE PRODUCTION FOR SALE OF CROPS, LIVESTOCK, AND LIVESTOCK PRODUCTS, OR THROUGH BOTH THE PROVISION OF SUCH COMMERCIAL EQUINE ACTIVITIES AND SUCH PRODUCTION. UNDER NO CIRCUMSTANCES SHALL THIS SUBDIVISION BE CONSTRUED TO INCLUDE OPERATIONS WHOSE PRIMARY ON SITE FUNCTION IS HORSE RACING. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, AN AGRICULTURALEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10926-01-1 S. 5168 2
ENTERPRISE THAT IS PROPOSED OR IN ITS FIRST OR SECOND YEAR OF OPERATION MAY QUALIFY AS A COMMERCIAL EQUINE OPERATION IF IT CONSISTS OF AT LEAST SEVEN ACRES AND STABLES AT LEAST TEN HORSES, REGARDLESS OF OWNERSHIP, BY THE END OF THE FIRST YEAR OF OPERATION. S 2. This act shall take effect immediately.