PRIOR PRINTER'S NOS. 230, 2680, 3840 PRINTER'S NO. 3923
No. 210 Session of 1977
Report of the Committee of Conference
To the Members of the House of Representatives and Senate:
We, the undersigned, Committee of Conference on the part of the House of Representatives and Senate for the purpose of considering House Bill No. 210, entitled: "An act amending the act of December 11, 1967 (P.L.707, No.331), entitled 'An act providing for and regulating thoroughbred horse racing with pari-mutuel wagering on the results thereof, creating the State Horse Racing Commission as an independent administrative commission and defining its powers and duties; * * * making appropriations,' further providing for distribution of Pennsylvania Breeding Fund, MAKING UNLAWFUL THE USE OF CERTAIN DEVICES AND SUBSTANCES, IMPOSING PENALTIES, PROVIDING FOR THE APPOINTMENT OF AN OFFICIAL STATE VETERINARIAN AND IMPOSING DUTIES ON THE SECRETARY OF AGRICULTURE." respectfully submit the following bill as our report: JAMES J. MANDERINO HARRY A. ENGLEHART, JR. L. EUGENE SMITH (Committee on the part of the House of Representatives.) PAUL McKINNEY JOSEPH F. SMITH (Committee on the part of the Senate.)
AN ACT 1 Amending the act of December 11, 1967 (P.L.707, No.331), 2 entitled "An act providing for and regulating thoroughbred 3 horse racing with pari-mutuel wagering on the results 4 thereof, creating the State Horse Racing Commission as an 5 independent administrative commission and defining its powers 6 and duties; providing for the establishment and operation of 7 thoroughbred horse racing plants; imposing taxes on revenues 8 of such plants; disposing of all moneys received by the 9 commission and all moneys collected from the taxes; 10 authorizing penalties; and making appropriations," further 11 providing for distribution of Pennsylvania Breeding Fund, 12 providing for the appointment of an official State 13 veterinarian and State steward. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 17.1, act of December 11, 1967 (P.L.707, 17 No.331), referred to as the Pennsylvania Thoroughbred Horse 18 Racing Law, added December 30, 1974 (P.L.1115, No.358), is 19 amended to read: 20 Section 17.1. Pennsylvania Breeding Fund.--(a) There is 21 hereby created the Pennsylvania Breeding Fund which shall 22 consist of the money appropriated under the provisions of 23 section 17 and which shall be administered by the commission. 24 (b) After the deduction of expenses [for advisory services 25 of] related to the administration and development of the 26 Pennsylvania Breeding Fund program incurred by the Pennsylvania 27 Horse Breeder's Association the commission shall, by rule or 28 regulation, provide for awards [and for purses, the latter to be 29 divided equally among the pari-mutuel permit holders in 30 Pennsylvania] as follows: 31 [(1) Non-claiming Pennsylvania-bred fund races, with 32 Pennsylvania-bred horses preferred. 33 (2) Claiming races with Pennsylvania-bred horses preferred. 34 (3)] (1) An award of [fifteen] twenty percent of the purse
1 earned to the breeder of every registered Pennsylvania-bred 2 horse which finishes first, second or third in a race conducted 3 by a pari-mutuel permit holder in Pennsylvania. 4 [(4)] (2) An award of [five] ten percent of the purse earned 5 to the owner of a registered Pennsylvania sire, which regularly 6 stands for a breeding season in Pennsylvania, of any registered 7 Pennsylvania-bred horse which [wins] finishes first, second or 8 third in a race conducted by a pari-mutuel permit holder in 9 Pennsylvania. 10 (3) The remaining fund moneys will be divided as hereinafter 11 provided among the pari-mutuel permit holders in Pennsylvania to 12 be used for purses as follows: 13 (i) Claiming and non-claiming Pennsylvania Fund races, which 14 restrict entry to registered Pennsylvania-breds. 15 (ii) Non-claiming Pennsylvania Fund races in which 16 registered Pennsylvania-breds are preferred starters. In these 17 races, should eight or more registered Pennsylvania-breds pass 18 the entry box, the race shall be considered closed to horses 19 other than registered Pennsylvania-breds. 20 (iii) Claiming Pennsylvania Fund races in which registered 21 Pennsylvania-breds are preferred starters. In these races, 22 should nine or more registered Pennsylvania-breds pass the entry 23 box, the race shall be considered closed to horses other than 24 registered Pennsylvania-breds. 25 (4) The remaining fund moneys: 26 (i) for the calendar years 1978 and 1979 shall be divided 27 among pari-mutuel permit holders in Pennsylvania in direct 28 proportion to the number of days of actual racing conducted by 29 said permit holders in said years; 30 (ii) for the calendar years 1980 and 1981 shall be divided 19770H0210B3923 - 2 -
1 among the pari-mutuel permit holders in Pennsylvania one-half in 2 direct proportion to the number of days of actual racing 3 conducted by said permit holders in said years and one-half in 4 direct proportion to the rate by which each permit holder 5 generated the fund during the previous year; and 6 (iii) for the calendar year 1982 and thereafter shall be 7 divided among pari-mutuel permit holders in Pennsylvania in 8 direct proportion to the rate by which each permit holder 9 generated the fund during the previous year. 10 (c) The Pennsylvania Breeding Fund Advisory Committee, under 11 jurisdiction of the State Horse Racing Commission, is hereby 12 established and shall be part of the Pennsylvania State Horse 13 Racing Commission. The committee shall consist of five members, 14 all of whom shall be residents of Pennsylvania, to be appointed 15 by the commission by June 1 of each year. The committee shall 16 consist of two members of the Pennsylvania Horse Breeder's 17 Association, recommended by it; one member from the permit 18 holders recommended by them; one member from the association 19 representing horsemen racing in Pennsylvania, recommended by it 20 and one member of the commission designated by it. If any member 21 other than the commission member has not been recommended by 22 June 1 of each year, the commission with the approval of the 23 Governor shall make an appointment for the organization failing 24 to so recommend a member of the committee. The committee shall 25 assist and advise the commission in accordance with the 26 provisions of this act but shall have no power in administering 27 the fund. The members of the committee shall receive no 28 compensation for their services as members. 29 (d) The Pennsylvania Horse Breeder's Association as the 30 responsible body for the registration and records of 19770H0210B3923 - 3 -
1 Pennsylvania-breds, shall advise the commission when called 2 upon, shall determine the qualifications for Pennsylvania-bred 3 horses and Pennsylvania sires, and its registration and record 4 facts are hereby declared as official Pennsylvania records. [The 5 commission shall on an annual basis reimburse for expenses 6 actually incurred, from moneys in the Pennsylvania-bred Race 7 Fund, the Pennsylvania Horse Breeder's Association for the 8 services it renders in its capacity as advisor to the 9 commission.] At the close of the calendar year, the Pennsylvania 10 Horse Breeder's Association, through the Pennsylvania Breeding 11 Fund Advisory Committee, shall submit to the Commission for its 12 approval an itemized budget of projected expenses related to the 13 administration and development of the Pennsylvania Breeding Fund 14 Program. The Commission, on no more than a quarterly basis, 15 shall reimburse from the Fund the Pennsylvania Horse Breeder's 16 Association for those expenses actually incurred in the 17 administration and development of the Breeding Fund program. 18 Section 2. The act is amended by adding a section to read: 19 Section 22.1. Official Veterinarian and State Steward.--(a) 20 The State Horse Racing Commission shall appoint and employ a 21 licensed veterinarian and a steward to serve as the State 22 steward and State veterinarian, respectively, at each meeting 23 conducted by a permit holder licensed by the State Horse Racing 24 Commission. The State Horse Racing Commission shall have the 25 authority to employ such other individuals as shall be necessary 26 to carry out the responsibilities under this section. 27 (b) The costs and the compensation of the State veterinarian 28 and the State steward and other individuals employed to carry 29 out the provisions of this act shall be fixed and paid by the 30 State Horse Racing Commission. 19770H0210B3923 - 4 -
1 Section 3. This act shall take effect immediately. B3L2JKD/19770H0210B3923 - 5 -