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BILL NUMBER:S5168A

TITLE OF BILL: An  act  to  amend  the  agriculture  and  markets law, in relation to commercial equine operation in agriculture districts

PURPOSE OR 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.

Text

STATE OF NEW YORK
________________________________________________________________________

5168--A
Cal. No. 620

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  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10926-04-1
S. 5168--A                          2

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 AGRICULTURAL
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.  Subdivision 4 of section 301 of the agriculture and markets law
is amended by adding a new paragraph 1 to read as follows:
  1. LAND THAT IS OWNED OR RENTED BY A FARM OPERATION IN  ITS  FIRST  OR
SECOND  YEAR  OF  AGRICULTURAL PRODUCTION OR IN THE CASE OF A COMMERCIAL
EQUINE OPERATION, IN  ITS  FIRST  OR  SECOND  YEAR  OF  OPERATION,  THAT
CONSISTS  OF NOT LESS THAN 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.
  S 3. This act shall take effect immediately.