PRINTER'S NO. 230
No. 210 Session of 1977
INTRODUCED BY MESSRS. MANDERINO, MOEHLMANN AND ENGLEHART,
FEBRUARY 9, 1977
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 9, 1977
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 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 17.1, act of December 11, 1967 (P.L.707,
15 No.331), referred to as the State Horse Racing Law, added
16 December 30, 1974 (P.L.1115, No.358), is amended to read:
17 Section 17.1. Pennsylvania Breeding Fund.--(a) There is
18 hereby created the Pennsylvania Breeding Fund which shall
19 consist of the money appropriated under the provisions of
20 section 17 and which shall be administered by the commission.
21 (b) After the deduction of expenses [for advisory services
22 of] related to the administration and development of the
1 Pennsylvania Breeding Fund program incurred by the Pennsylvania
2 Horse Breeder's Association the commission shall, by rule or
3 regulation, provide for awards [and for purses, the latter to be
4 divided equally among the pari-mutuel permit holders in
5 Pennsylvania] as follows:
6 [(1) Non-claiming Pennsylvania-bred fund races, with
7 Pennsylvania-bred horses preferred.
8 (2) Claiming races with Pennsylvania-bred horses preferred.]
9 (3) An award of fifteen percent of the purse earned to the
10 breeder of every registered Pennsylvania-bred horse which
11 finishes first, second or third in a race conducted by a pari-
12 mutuel permit holder in Pennsylvania.
13 (4) An award of five percent of the purse earned to the
14 owner of a registered Pennsylvania sire, which regularly stands
15 for a breeding season in Pennsylvania, of any registered
16 Pennsylvania-bred horse which [wins] finishes first, second or
17 third in a race conducted by a pari-mutuel permit holder in
18 Pennsylvania.
19 (5) The remaining fund moneys will be divided among the
20 pari-mutuel permit holders in Pennsylvania equally to be used
21 for purses as follows:
22 (i) Claiming and non-claiming Pennsylvania Fund races, which
23 restrict entry to registered Pennsylvania-breds.
24 (ii) Non-claiming Pennsylvania Fund races in which
25 registered Pennsylvania-breds are preferred starters. In these
26 races, should six or more registered Pennsylvania-breds pass the
27 entry box, the race shall be considered closed to horses other
28 than registered Pennsylvania-breds.
29 (iii) Claiming Pennsylvania Fund races in which registered
30 Pennsylvania-breds are preferred starters. In these races,
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1 should seven or more registered Pennsylvania-breds pass the
2 entry box, the race shall be considered closed to horses other
3 than registered Pennsylvania-breds.
4 (c) The Pennsylvania Breeding Fund Advisory Committee, under
5 jurisdiction of the State Horse Racing Commission, is hereby
6 established and shall be part of the Pennsylvania State Horse
7 Racing Commission. The committee shall consist of five members,
8 all of whom shall be residents of Pennsylvania, to be appointed
9 by the commission by June 1 of each year. The committee shall
10 consist of two members of the Pennsylvania Horse Breeder's
11 Association, recommended by it; one member from the permit
12 holders recommended by them; one member from the association
13 representing horsemen racing in Pennsylvania, recommended by it
14 and one member of the commission designated by it. If any member
15 other than the commission member has not been recommended by
16 June 1 of each year, the commission with the approval of the
17 Governor shall make an appointment for the organization failing
18 to so recommend a member of the committee. The committee shall
19 assist and advise the commission in accordance with the
20 provisions of this act but shall have no power in administering
21 the fund. The members of the committee shall receive no
22 compensation for their services as members.
23 (d) The Pennsylvania Horse Breeder's Association as the
24 responsible body for the registration and records of
25 Pennsylvania-breds, shall advise the commission when called
26 upon, shall determine the qualifications for Pennsylvania-bred
27 horses and Pennsylvania sires, and its registration and record
28 facts are hereby declared as official Pennsylvania records. [The
29 commission shall on an annual basis reimburse for expenses
30 actually incurred, from moneys in the Pennsylvania-bred Race
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1 Fund, the Pennsylvania Horse Breeder's Association for the
2 services it renders in its capacity as advisor to the
3 commission.] At the close of the calendar year, the Pennsylvania
4 Horse Breeder's Association, through the Pennsylvania Breeding
5 Fund Advisory Committee, shall submit to the Commission for its
6 approval an itemized budget of projected expenses related to the
7 administration and development of the Pennsylvania Breeding Fund
8 Program. The Commission, on no more than a quarterly basis,
9 shall reimburse from the Fund the Pennsylvania Horse Breeder's
10 Association for those expenses actually incurred in the
11 administration and development of the Breeding Fund program.
12 Section 2. This act shall take effect immediately.
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