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
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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
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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.
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1 Section 3. This act shall take effect immediately.
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