AN ACT

 

1Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
2as amended, "An act relating to the finances of the State
3government; providing for the settlement, assessment,
4collection, and lien of taxes, bonus, and all other accounts
5due the Commonwealth, the collection and recovery of fees and
6other money or property due or belonging to the Commonwealth,
7or any agency thereof, including escheated property and the
8proceeds of its sale, the custody and disbursement or other
9disposition of funds and securities belonging to or in the
10possession of the Commonwealth, and the settlement of claims
11against the Commonwealth, the resettlement of accounts and
12appeals to the courts, refunds of moneys erroneously paid to
13the Commonwealth, auditing the accounts of the Commonwealth
14and all agencies thereof, of all public officers collecting
15moneys payable to the Commonwealth, or any agency thereof,
16and all receipts of appropriations from the Commonwealth,
17authorizing the Commonwealth to issue tax anticipation notes
18to defray current expenses, implementing the provisions of
19section 7(a) of Article VIII of the Constitution of
20Pennsylvania authorizing and restricting the incurring of
21certain debt and imposing penalties; affecting every
22department, board, commission, and officer of the State
23government, every political subdivision of the State, and
24certain officers of such subdivisions, every person,
25association, and corporation required to pay, assess, or
26collect taxes, or to make returns or reports under the laws
27imposing taxes for State purposes, or to pay license fees or
28other moneys to the Commonwealth, or any agency thereof,
29every State depository and every debtor or creditor of the
30Commonwealth," in additional special funds, further providing
31for the Pennsylvania Race Horse Development Fund.

32The General Assembly of the Commonwealth of Pennsylvania

1hereby enacts as follows:

2Section 1. Section 1723-A.1(2) of the act of April 9, 1929
3(P.L.343, No.176), known as The Fiscal Code, added July 18, 2013
4(P.L.574, No.71), is amended to read:

5Section 1723-A.1. Distributions from Pennsylvania Race Horse
6Development Fund.

7Funds in the fund are appropriated to the department on a
8continuing basis for the purposes set forth in this subsection
9and shall be distributed to each active and operating Category 1
10licensee conducting live racing as follows:

11* * *

12(2) For fiscal year 2013-2014, distributions from the
13fund shall be allocated as follows:

14(i) Each week, $802,682 in the fund shall be
15transferred to the account. This transfer shall not
16exceed $17,659,000 annually.

17(i.1) After December 31, 2013, and before July 1,
182014, the following apply:

19(A) Subject to clause (B), each week, $250,000
20in the fund shall be transferred to the State Racing
21Fund to be used for the enforcement of the act of
22December 17, 1981 (P.L.435, No.135), known as the
23Race Horse Industry Reform Act.

24(B) The total transfer under this subparagraph
25shall not exceed $5,000,000.

26(ii) Each week, the money remaining in the fund
27after any transfer under subparagraph (i) shall be
28distributed to each active and operating Category 1
29licensee conducting live racing in accordance with the
30following formula:

1(A) Divide:

2(I) the total daily assessments paid, by
3each active and operating Category 1 licensee
4conducting live racing, into the fund for that
5week; by

6(II) the total daily assessments paid, by
7all active and operating Category 1 licensees
8conducting live racing, into the fund for that
9week.

10(B) Multiply the quotient under clause (A) by
11the amount to be distributed under this subparagraph.

12(iii) The distribution under subparagraph (ii) shall
13be allocated as follows:

14(A) The greater of 4% of the amount to be
15distributed under subparagraph (ii) or $220,000 shall
16be used to fund health and pension benefits for the
17members of the horsemen's organizations representing
18the owners and trainers at the racetrack at which the
19licensed racing entity operates for the benefit of
20the organization's members, their families, employees
21and others in accordance with the rules and
22eligibility requirements of the organization, as
23approved by the State Horse Racing Commission or the
24State Harness Racing Commission. This amount shall be
25deposited within five business days of the end of
26each week into a separate account to be established
27by each respective horsemen's organization at a
28banking institution of its choice. Of this amount, a
29minimum of $250,000 shall be paid annually by the
30horsemen's organization to the thoroughbred jockeys

1or standardbred drivers organization at the racetrack
2at which the licensed racing entity operates for
3health insurance, life insurance or other benefits to
4active and disabled thoroughbred jockeys or
5standardbred drivers in accordance with the rules and
6eligibility requirements of that organization. The
7total distribution under this clause in any fiscal
8year shall not exceed $11,400,000.

9(B) Of the money remaining to be distributed
10under subparagraph (ii) after application of clause
11(A), the following disbursements shall be made:

12(I) Eighty-three and one-third percent of
13the money to be distributed under this clause
14shall be deposited on a weekly basis into a
15separate, interest-bearing purse account to be
16established by and for the benefit of the
17horsemen. The earned interest on the account
18shall be credited to the purse account. Licensees
19shall combine these funds with revenues from
20existing purse agreements to fund purses for live
21races consistent with those agreements with the
22advice and consent of the horsemen.

23(II) For thoroughbred tracks, 16 and 2/3% of 
24the money to be distributed under this clause 
25shall be deposited on a weekly basis into the 
26Pennsylvania Breeding Fund established in section 
27223 of the Race Horse Industry Reform Act. For 
28standardbred tracks, 8 and 1/3% of the money to 
29be distributed under this clause shall be 
30deposited on a weekly basis into the Pennsylvania
 

1Sire Stakes Fund as defined in section 224 of the 
2Race Horse Industry Reform Act; and 8 and 1/3% of 
3the money to be distributed under this clause 
4shall be deposited on a weekly basis into a 
5restricted account in the State Racing Fund to be 
6known as the Pennsylvania Standardbred Breeders 
7Development Fund. The State Harness Racing 
8Commission shall, in consultation with the 
9Secretary of Agriculture, promulgate regulations 
10adopting a standardbred breeders program that 
11will include the administration of the 
12Pennsylvania Stallion Award, the Pennsylvania 
13Bred Award and the Pennsylvania Sired and Bred 
14Award.

15Section 2. If this section takes effect after January 1,
162014, the addition of section 1723-A.1(2)(i.1) of the act shall
17apply retroactively to January 1, 2014.

18Section 3. This act shall take effect immediately.