§ 704 — Research proposals

New York § 704

• Jurisdiction: New York
• Law PML: Racing, Pari-Mutuel Wagering and Breeding Law
• Art. 7: Equine Research

Text

§ 704. Research proposals. 1. The committee shall consider the need,\npriority and potential success of research proposals in determining\nthose bearing the most potential benefit to the equine industry in this\nstate.\n 2. Individuals and institutions eligible for research grants from such\nfunds shall submit to the committee their proposals for the conduct of\nresearch projects to be supported by such grants.\n 3. Each such proposal shall include a complete description of the\nproposed project, a detailed budget for the same, the personnel\nconducting the project, and a time schedule for the project with an\nexplanation of any contingencies included in the description.\n 4. The committee shall cause all such proposals to be transmitted\nwithin five days of receipt, to the commission.\n 5. The committee may, in its discretion, cause such proposals to be\nreviewed by one or more experts in the field or related research and may\napprove, disapprove or recommend changes to such projects.\n 6. The committee's approval, disapproval and/or recommendations with\nregard to each proposal or its adoption of a budget shall be sent to the\ncommission.\n * 7. (a) The moneys appropriated or transferred to the fund from the\ngeneral fund of the state treasury pursuant to subdivision one-a of\nsection seven hundred three of this article shall be expended for a\nthree-year research project conducted pursuant to an agreement between\nthe dean of the Cornell University College of Veterinary Medicine and\nthe executive director of the commission. Such agreement shall, at a\nminimum, require the following:\n (i) proposed research to identify the incident of fetlock fractures\nand pre-fracture pathology in thoroughbred racehorses, with and without\nlameness;\n (ii) proposed research to determine the sensitivity and specificity of\nstanding computed tomography, positron emission tomography, and magnetic\nresonance imaging of thoroughbred racehorses compared to that of digital\nradiographs;\n (iii) use of photo-counting computed tomography and high field\nmagnetic resonance imaging to further define early bone pathology in\nthoroughbred racehorses that suffer fatal fractures of the fetlock\njoint, to further characterize blood biomarker findings in healthy and\nclinically lame horses in a large population of thoroughbred racehorses;\n (iv) attempted refinement of a risk factor index for fatal\nmusculoskeletal injury for thoroughbred racing based on epidemiological\nfindings, preliminary scanning technology, clinical examination, and\nadvance imaging; and\n (v) that an annual update shall be provided to the governor, temporary\npresident of the senate, and speaker of the assembly regarding the\nprogression of the research project. Such annual update to the governor,\ntemporary president of the senate, and speaker of the assembly shall be\ndue no later than December first each year. The final report outlined in\nparagraph (c) of this subdivision shall satisfy the annual report\nrequirement outlined in this subparagraph for the last year of the\nstudy.\n (b) The moneys appropriated or transferred to the fund from the\ngeneral fund of the state treasury pursuant to subdivision one-a of\nsection seven hundred three of this article may be used to purchase\nequipment and fund staffing needs necessary to carry out the research\ntasks specified in paragraph (a) of this subdivision.\n (c) A final report that describes the results of the research project\nshall be provided to the governor, the temporary president of the\nsenate, the speaker of the assembly, the commission, the franchised\ncorporation, and any entity licensed pursuant to article two of this\nchapter. Such final report shall include, at a minimum:\n (i) an accounting of all expenditures related to the research project\noutlined in this subdivision, including expenditures for equipment,\nsupplies, personnel, operations, and administration;\n (ii) a description of the procedures for selecting horse participants\nin the research project outlined in this subdivision, including criteria\nfor selection and any screening or eligibility requirements; and\n (iii) a summary of findings gathered from the research project\noutlined in this subdivision, including an analysis of risk factors\ncontributing to racehorse injuries and conclusions drawn regarding\nsafety protocols.\n (d) The researcher may also make recommendations for changes to any\nexisting rules or regulations that the researcher may determine would be\nhelpful toward maintaining the health of the equine athlete.\n (e) To the extent practicable, screenings and advanced imaging\nservices conducted pursuant to this agreement may be conducted near\nracetracks at both Belmont and Saratoga.\n (f) (i) Screenings and advanced imaging services of horses enrolled in\nthe research project shall be offered to horsemen free of charge.\n (ii) Subject to availability, Cornell Ruffian may provide screenings\nand imaging services for New York horses that are not enrolled in the\nresearch project. Cornell Ruffian may only charge such owners and\ntrainers its actual costs for any screening or imaging service provided\nto such non-enrolled horse.\n (iii) Cornell Ruffian shall have no responsibility to interpret or\nanalyze the results of any scan or advanced image provided to an owner\nor trainer of a non-enrolled horse.\n (iv) For purposes of this paragraph, a New York horse is a horse that\nhas been stabled in New York for four of the six months immediately\npreceding the date of the screening or advance imaging.\n (v) The costs charged associated with screenings and advanced images\nauthorized pursuant to this subparagraph shall be included in the annual\nupdate outlined in subparagraph (v) of paragraph (a) of this\nsubdivision.\n (g) Any screening and imaging equipment purchased pursuant to this\nsubdivision shall be owned by the Cornell University College of\nVeterinary Medicine.\n * NB Repealed September 1, 2028\n