PRINTER'S NO. 2617

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2130 Session of 1993


        INTRODUCED BY ROONEY, PESCI, COY AND WILLIAMS, OCTOBER 6, 1993

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           OCTOBER 6, 1993

                                     AN ACT

     1  Amending the act of December 17, 1981 (P.L.435, No.135),
     2     entitled "An act providing for the regulation of pari-mutuel
     3     thoroughbred horse racing and harness horse racing
     4     activities; imposing certain taxes and providing for the
     5     disposition of funds from pari-mutuel tickets," further
     6     providing for pari-mutuel pool retention percentages,
     7     distribution and taxation.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 221 of the act of December 17, 1981
    11  (P.L.435, No.135), known as the Race Horse Industry Reform Act,
    12  amended December 30, 1983 (P.L.400, No.93) and May 16, 1986
    13  (P.L.205, No.63), is amended to read:
    14  Section 221.  Retention percentages for pari-mutuel pools.
    15     (a)  Every licensed corporation shall distribute the moneys
    16  in any pari-mutuel pool to the holders of winning tickets under
    17  the following requirements:
    18         (1)  all tickets shall be presented for payment before
    19     the first day of April of the year following the year of
    20     their purchase; and


     1         (2)  [seventeen] eighteen percent of the moneys plus the
     2     breakage from regular wagering pools shall be retained by the
     3     licensed corporations for further distribution under section
     4     222; or
     5         (3)  nineteen percent of the moneys plus the breakage
     6     from regular wagering pools from licensed corporations whose
     7     total deposits in all pari-mutuel pools averaged less than
     8     $300,000 per racing day for their previous meeting at the
     9     same facility; or
    10         (4)  twenty percent of the moneys plus the breakage from
    11     the exacta, daily double, quinella and other wagering pools
    12     involving two horses each racing day shall be retained by the
    13     licensed corporations for further distribution under section
    14     222; or
    15         (5)  at least 26% but no more than 35% of the moneys plus
    16     the breakage from the trifecta or other wagering pools
    17     involving more than two horses in one or more races each
    18     racing day shall be retained by the licensed corporations for
    19     further distribution under section 222; and
    20         (6)  except as provided for in subsection (d.1) of
    21     section 222, every corporation may retain less than [17%]
    22     18%, 19% or 20% of the moneys in the wagering pools under
    23     paragraphs (2), (3) and (4) or less than 26% of the moneys in
    24     the wagering pools under paragraph (5) upon approval from the
    25     appropriate commission; and
    26         (7)  every corporation may retain more than 25% but no
    27     more than 35% of the moneys in the wagering pools under
    28     paragraph (5) upon approval from the appropriate commission;
    29     and
    30         (8)  all moneys remaining in the wagering pools described
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     1     under paragraphs (2), (3), (4), (5), (6) and (7) shall be
     2     distributed to the holders of winning tickets.
     3     (b)  Breakage shall mean the odd cents of redistributions to
     4  be made on all contributions to pari-mutuel pools exceeding a
     5  sum equal to the next lowest multiple of ten.
     6     (c)  The commissions shall establish by rule or regulation
     7  provisions for minus-pools relating to the retention
     8  requirements under this section.
     9     (d)  From the moneys retained by the corporations licensed to
    10  conduct thoroughbred horse race meetings following distribution
    11  as prescribed in subsection (a)(2), (3), (4), (5), (6) and (7),
    12  beginning January 1, 1984, an amount equivalent to 0.33% of the
    13  amount wagered each racing day at each corporation conducting a
    14  licensed thoroughbred horse race meeting is to be used by that
    15  corporation, in combination with the moneys assigned it under
    16  section 223(c) and (d), for purses for races restricting or
    17  preferring entry to registered Pennsylvania-bred thoroughbred
    18  horses as described therein. This equivalent amount is to be
    19  considered part of any distribution agreement between individual
    20  corporations licensed to conduct thoroughbred horse race
    21  meetings and horsemen racing at said meetings of those moneys
    22  described in section 222(c).
    23     Section 2.  Section 222(b)(5)(i) of the act, amended December
    24  30, 1983 (P.L.400, No.93), is amended to read:
    25  Section 222.  Distribution of moneys retained from pari-mutuel
    26                 pools; taxation.
    27     * * *
    28     (b)  The commissions shall distribute moneys from the State
    29  Racing Fund, together with the interest earned thereon, in the
    30  following manner:
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     1         * * *
     2         (5)  From remaining moneys in the State Racing Fund:
     3             (i)  An amount equivalent to seven-tenths of one
     4         percent of the amount wagered each racing day at
     5         thoroughbred horse race meetings shall be paid by the
     6         State Horse Racing Commission from the State Racing Fund
     7         through the Department of Revenue for credit to the
     8         Pennsylvania Breeding Fund, beginning on July 1, 1983. An
     9         amount equivalent to one percent of the amount wagered
    10         each racing day at thoroughbred horse race meetings shall
    11         be paid by the State Horse Racing Commission from the
    12         State Racing Fund through the Department of Revenue to
    13         each municipality which hosts an off-track wagering
    14         facility.
    15             * * *
    16     Section 3.  This act shall take effect in 60 days.










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