PRIOR PRINTER'S NO. 230 PRINTER'S NO. 2680
No. 210 Session of 1977
INTRODUCED BY MESSRS. MANDERINO, MOEHLMANN AND ENGLEHART,
FEBRUARY 9, 1977
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 13, 1978
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)] (1) An award of [fifteen] TWENTY percent of the purse <--
10 earned to the breeder of every registered Pennsylvania-bred
11 horse which finishes first, second or third in a race conducted
12 by a pari-mutuel permit holder in Pennsylvania.
13 [(4)] (2) An award of [five] TEN percent of the purse earned <--
14 to the owner of a registered Pennsylvania sire, which regularly
15 stands 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) (3) The remaining fund moneys will be divided AS <--
20 HEREINAFTER PROVIDED among the pari-mutuel permit holders in
21 Pennsylvania equally to be used 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 EIGHT or more registered Pennsylvania-breds <--
27 pass the entry box, the race shall be considered closed to
28 horses other 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 NINE 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 (4) THE REMAINING FUND MONEYS: <--
5 (I) FOR THE CALENDAR YEARS 1978 AND 1979 SHALL BE DIVIDED
6 AMONG PARI-MUTUEL PERMIT HOLDERS IN PENNSYLVANIA IN DIRECT
7 PROPORTION TO THE NUMBER OF DAYS OF ACTUAL RACING CONDUCTED BY
8 SAID PERMIT HOLDERS IN SAID YEARS;
9 (II) FOR THE CALENDAR YEARS 1980 AND 1981 SHALL BE DIVIDED
10 AMONG THE PARI-MUTUEL PERMIT HOLDERS IN PENNSYLVANIA ONE-HALF IN
11 DIRECT PROPORTION TO THE NUMBER OF DAYS OF ACTUAL RACING
12 CONDUCTED BY SAID PERMIT HOLDERS IN SAID YEARS AND ONE-HALF IN
13 DIRECT PROPORTION TO THE RATE BY WHICH EACH PERMIT HOLDER
14 GENERATED THE FUND DURING THE PREVIOUS YEAR; AND
15 (III) FOR THE CALENDAR YEAR 1982 AND THEREAFTER SHALL BE
16 DIVIDED AMONG PARI-MUTUEL PERMIT HOLDERS IN PENNSYLVANIA IN
17 DIRECT PROPORTION TO THE RATE BY WHICH EACH PERMIT HOLDER
18 GENERATED THE FUND DURING THE PREVIOUS YEAR.
19 (c) The Pennsylvania Breeding Fund Advisory Committee, under
20 jurisdiction of the State Horse Racing Commission, is hereby
21 established and shall be part of the Pennsylvania State Horse
22 Racing Commission. The committee shall consist of five members,
23 all of whom shall be residents of Pennsylvania, to be appointed
24 by the commission by June 1 of each year. The committee shall
25 consist of two members of the Pennsylvania Horse Breeder's
26 Association, recommended by it; one member from the permit
27 holders recommended by them; one member from the association
28 representing horsemen racing in Pennsylvania, recommended by it
29 and one member of the commission designated by it. If any member
30 other than the commission member has not been recommended by
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1 June 1 of each year, the commission with the approval of the
2 Governor shall make an appointment for the organization failing
3 to so recommend a member of the committee. The committee shall
4 assist and advise the commission in accordance with the
5 provisions of this act but shall have no power in administering
6 the fund. The members of the committee shall receive no
7 compensation for their services as members.
8 (d) The Pennsylvania Horse Breeder's Association as the
9 responsible body for the registration and records of
10 Pennsylvania-breds, shall advise the commission when called
11 upon, shall determine the qualifications for Pennsylvania-bred
12 horses and Pennsylvania sires, and its registration and record
13 facts are hereby declared as official Pennsylvania records. [The
14 commission shall on an annual basis reimburse for expenses
15 actually incurred, from moneys in the Pennsylvania-bred Race
16 Fund, the Pennsylvania Horse Breeder's Association for the
17 services it renders in its capacity as advisor to the
18 commission.] At the close of the calendar year, the Pennsylvania
19 Horse Breeder's Association, through the Pennsylvania Breeding
20 Fund Advisory Committee, shall submit to the Commission for its
21 approval an itemized budget of projected expenses related to the
22 administration and development of the Pennsylvania Breeding Fund
23 Program. The Commission, on no more than a quarterly basis,
24 shall reimburse from the Fund the Pennsylvania Horse Breeder's
25 Association for those expenses actually incurred in the
26 administration and development of the Breeding Fund program.
27 Section 2. This act shall take effect immediately.
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