N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 704: Research proposals

§ 704. Research proposals. 1. The committee shall consider the need,

priority and potential success of research proposals in determining

those bearing the most potential benefit to the equine industry in this

state.

2. Individuals and institutions eligible for research grants from such

funds shall submit to the committee their proposals for the conduct of

research projects to be supported by such grants.

3. Each such proposal shall include a complete description of the

proposed project, a detailed budget for the same, the personnel

conducting the project, and a time schedule for the project with an

explanation of any contingencies included in the description.

4. The committee shall cause all such proposals to be transmitted

within five days of receipt, to the commission.

5. The committee may, in its discretion, cause such proposals to be

reviewed by one or more experts in the field or related research and may

approve, disapprove or recommend changes to such projects.

6. The committee's approval, disapproval and/or recommendations with

regard to each proposal or its adoption of a budget shall be sent to the

commission.

* 7. (a) The moneys appropriated or transferred to the fund from the

general fund of the state treasury pursuant to subdivision one-a of

section seven hundred three of this article shall be expended for a

three-year research project conducted pursuant to an agreement between

the dean of the Cornell University College of Veterinary Medicine and

the executive director of the commission. Such agreement shall, at a

minimum, require the following:

(i) proposed research to identify the incident of fetlock fractures

and pre-fracture pathology in thoroughbred racehorses, with and without

lameness;

(ii) proposed research to determine the sensitivity and specificity of

standing computed tomography, positron emission tomography, and magnetic

resonance imaging of thoroughbred racehorses compared to that of digital

radiographs;

(iii) use of photo-counting computed tomography and high field

magnetic resonance imaging to further define early bone pathology in

thoroughbred racehorses that suffer fatal fractures of the fetlock

joint, to further characterize blood biomarker findings in healthy and

clinically lame horses in a large population of thoroughbred racehorses;

(iv) attempted refinement of a risk factor index for fatal

musculoskeletal injury for thoroughbred racing based on epidemiological

findings, preliminary scanning technology, clinical examination, and

advance imaging; and

(v) that an annual update shall be provided to the governor, temporary

president of the senate, and speaker of the assembly regarding the

progression of the research project. Such annual update to the governor,

temporary president of the senate, and speaker of the assembly shall be

due no later than December first each year. The final report outlined in

paragraph (c) of this subdivision shall satisfy the annual report

requirement outlined in this subparagraph for the last year of the

study.

(b) The moneys appropriated or transferred to the fund from the

general fund of the state treasury pursuant to subdivision one-a of

section seven hundred three of this article may be used to purchase

equipment and fund staffing needs necessary to carry out the research

tasks specified in paragraph (a) of this subdivision.

(c) A final report that describes the results of the research project

shall be provided to the governor, the temporary president of the

senate, the speaker of the assembly, the commission, the franchised

corporation, and any entity licensed pursuant to article two of this

chapter. Such final report shall include, at a minimum:

(i) an accounting of all expenditures related to the research project

outlined in this subdivision, including expenditures for equipment,

supplies, personnel, operations, and administration;

(ii) a description of the procedures for selecting horse participants

in the research project outlined in this subdivision, including criteria

for selection and any screening or eligibility requirements; and

(iii) a summary of findings gathered from the research project

outlined in this subdivision, including an analysis of risk factors

contributing to racehorse injuries and conclusions drawn regarding

safety protocols.

(d) The researcher may also make recommendations for changes to any

existing rules or regulations that the researcher may determine would be

helpful toward maintaining the health of the equine athlete.

(e) To the extent practicable, screenings and advanced imaging

services conducted pursuant to this agreement may be conducted near

racetracks at both Belmont and Saratoga.

(f) (i) Screenings and advanced imaging services of horses enrolled in

the research project shall be offered to horsemen free of charge.

(ii) Subject to availability, Cornell Ruffian may provide screenings

and imaging services for New York horses that are not enrolled in the

research project. Cornell Ruffian may only charge such owners and

trainers its actual costs for any screening or imaging service provided

to such non-enrolled horse.

(iii) Cornell Ruffian shall have no responsibility to interpret or

analyze the results of any scan or advanced image provided to an owner

or trainer of a non-enrolled horse.

(iv) For purposes of this paragraph, a New York horse is a horse that

has been stabled in New York for four of the six months immediately

preceding the date of the screening or advance imaging.

(v) The costs charged associated with screenings and advanced images

authorized pursuant to this subparagraph shall be included in the annual

update outlined in subparagraph (v) of paragraph (a) of this

subdivision.

(g) Any screening and imaging equipment purchased pursuant to this

subdivision shall be owned by the Cornell University College of

Veterinary Medicine.

* NB Repealed September 1, 2028