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.

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A7744A-2011 Actions

• Jun 23, 2011: substituted by s5168a
• Jun 23, 2011: rules report cal.614
• Jun 23, 2011: reported
• Jun 23, 2011: reported referred to rules
• Jun 16, 2011: reported referred to ways and means
• May 26, 2011: print number 7744a
• May 26, 2011: amend and recommit to agriculture
• May 16, 2011: referred to agriculture

A7744A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   7744--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                May 16, 2011
                                 ___________

  Introduced  by M. of A. MAGEE -- read once and referred to the Committee
    on  Agriculture  --  committee  discharged,  bill   amended,   ordered
    reprinted as amended and recommitted to said committee

  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10926-05-1

 A. 7744--A                          2

  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.