PRINTER'S NO. 1654
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1237
Session of
2022
INTRODUCED BY VOGEL AND MENSCH, MAY 19, 2022
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 19, 2022
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in race horse industry reform, further providing
for State Horse Racing Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9311(h) of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 9311. State Horse Racing Commission.
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(h) Rules and regulations.--The following shall apply:
(1) All rules and regulations promulgated under the
former act of December 11, 1967 (P.L.707, No.331), referred
to as the Pennsylvania Thoroughbred Horse Racing Law, or the
former act of December 22, 1959 (P.L.1978, No.728), referred
to as the Pennsylvania Harness Racing Law, shall remain in
effect except to the extent that they are in direct conflict
with this chapter. The commission may adopt, amend, revise or
alter the rules and regulations as the commission deems
necessary.
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(2) The commission shall promulgate rules and
regulations necessary for the administration and enforcement
of this chapter. Except as provided in this paragraph and
[paragraph (3)] paragraphs (3) and (5), regulations shall be
promulgated in accordance with law.
(3) In order to facilitate the prompt implementation of
this chapter, regulations promulgated by the commission shall
be deemed temporary regulations which shall not expire for a
period of [three] six years following publication. Temporary
regulations shall not be subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(4) The commission's authority to promulgate temporary
regulations under paragraph (3) shall expire three years
after the effective date of this section. Regulations adopted
after this period shall be promulgated as provided by law.
(5) In order to facilitate the prompt implementation of
regulations required by the Horseracing Integrity and Safety
Act of 2020 ( Public Law 116-260, 134 Stat. 1182) , the
commission may promulgate temporary regulations that shall
expire no later th an three years fol lowing the publication of
the temporary regulations. The commission may promulgate
temporary regulations not subject to:
(i) Sections 201, 202, 203, 204 and 205 of the
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Commonwealth Documents Law.
(ii) Sections 204(b) and 301(10) of the Commonwealth
Attorneys Act.
(iii) The Regulatory Review Act.
(6) The commission's authority to promulgate temporary
regulations under paragraph (5) shall expire three years
after the effective date of this paragraph. Regulations
adopted after this period shall be promulgated as provided by
law.
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Section 2. This act shall take effect immediately.
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