PRINTER'S NO. 608

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 556 Session of 1971


        INTRODUCED BY MESSRS. O'BRIEN AND MUSTO, MARCH 29, 1971

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 29, 1971

                                     AN ACT

     1  Amending the act of December 22, 1959 (P.L.1978), entitled, as
     2     amended, "An act providing for and regulating harness racing
     3     with pari-mutuel wagering on the results thereof; creating
     4     the State Harness Racing Commission as a departmental
     5     administrative commission within the Department of
     6     Agriculture and defining its powers and duties; providing for
     7     the establishment and operation of harness racing plants
     8     subject to local option; imposing taxes on revenues of such
     9     plants; disposing of all moneys received by the commission
    10     and all moneys collected from the taxes; authorizing
    11     penalties; and making appropriations," imposing an additional
    12     tax for school purposes in certain school districts.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 15, act of December 22, 1959 (P.L.1978),
    16  entitled, as amended, "An act providing for and regulating
    17  harness racing with pari-mutuel wagering on the results thereof;
    18  creating the State Harness Racing Commission as a departmental
    19  administrative commission within the Department of Agriculture
    20  and defining its powers and duties; providing for the
    21  establishment and operation of harness racing plants subject to
    22  local option; imposing taxes on revenues of such plants;
    23  disposing of all moneys received by the commission and all


     1  moneys collected from the taxes; authorizing penalties; and
     2  making appropriations," amended August 7, 1969 (P.L.225), is
     3  amended to read:
     4     Section 15.  Disposition of Pari-mutuel Pools.--Every
     5  corporation authorized under this act to conduct pari-mutuel
     6  betting at a harness horse race meeting on races run thereat
     7  shall distribute all sums deposited in any pari-mutuel pool to
     8  the holders of winning tickets therein, provided such tickets be
     9  presented for payment before April first of the year following
    10  the year of their purchase, less fifteen per centum of the total
    11  deposits plus the breaks, and as to harness horse race meetings
    12  held within school districts of the first class during the years
    13  1963, 1964, 1965, 1966, 1967, 1968, 1969, 1970 and 1971 less
    14  seventeen per centum of the total desposits plus the breaks, and
    15  as to harness horse race meetings held within school districts
    16  of the second class during the year 1971 and thereafter less
    17  seventeen per centum of the total deposits plus the breaks. At
    18  the close of each racing day, the permit holder out of the
    19  amount retained on said day by said permit holder, shall pay,
    20  through the Department of Revenue into the State Treasury for
    21  credit to the State Harness Racing Fund, a tax of five per
    22  centum of the amount wagered each day, which tax is hereby
    23  imposed, and as to harness horse race meetings held within
    24  school districts of the first class during the years 1963, 1964,
    25  1965, 1966, 1967, 1968, 1969, 1970 and 1971 the permit holder
    26  shall pay the school district in which the harness horse race
    27  meeting is held a tax of two per centum of the amount wagered
    28  each day, which tax is hereby imposed for general school
    29  purposes and as to harness horse race meetings held within
    30  school districts of the second class during the year 1971 and
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     1  thereafter the permit holder shall pay the school district, in
     2  which the harness horse race meeting is held, or if in a
     3  reorganized school district, then to the unit of that district
     4  in which such meeting is held, a tax of two per centum of the
     5  amount wagered each day, which tax is hereby imposed for school
     6  purposes, and as to other permit holders, a tax of two per
     7  centum of the amount wagered each day is imposed and shall be
     8  paid to the Department of Commerce to be distributed by the
     9  Secretary of Commerce to eligible boroughs having a population
    10  of less than ten thousand, eligible townships having a
    11  population of less than twelve thousand, each of their
    12  municipality authorities, or county authorities authorized to
    13  service the borough or township, for projects providing for the
    14  construction, rehabilitation, alteration, expansion, or
    15  improvement of water facilities, sewage disposal facilities and
    16  access roads, in amounts not to exceed twenty-five per centum of
    17  the cost thereof, in accordance with regulations promulgated by
    18  the Secretary of Commerce and approved by the Governor. No
    19  distribution shall be made in connection with any project unless
    20  it is determined that the project:
    21     (1)  Is not in conflict with programs of other departments of
    22  the Commonwealth;
    23     (2)  Is not inconsistent with an existing development plan
    24  for the municipality;
    25     (3)  Could not otherwise be financed;
    26     (4)  Will either strengthen the income-producing capability
    27  of the municipality, or improve the health and safety of the
    28  community; and
    29     (5)  Is necessary to orderly community development.
    30     In addition, each permit holder shall be allowed to retain
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     1  the odd cents of all redistribution to be made on all mutuel
     2  contributions exceeding a sum equal to the next lowest multiple
     3  of ten, subject to a tax of fifty per centum of the total sum of
     4  such odd cents, which tax is hereby imposed and shall be paid by
     5  the permit holder to the Department of Revenue for credit to the
     6  Pennsylvania Sire Stakes Funds, which fund is hereby
     7  appropriated to the Pennsylvania Harness Racing Commission for
     8  distribution in accordance with the terms of this act.
     9     Section 2.  This act shall take effect immediately.














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