AN ACT

 

1Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
2as amended, "An act relating to the finances of the State
3government; providing for the settlement, assessment,
4collection, and lien of taxes, bonus, and all other accounts
5due the Commonwealth, the collection and recovery of fees and
6other money or property due or belonging to the Commonwealth,
7or any agency thereof, including escheated property and the
8proceeds of its sale, the custody and disbursement or other
9disposition of funds and securities belonging to or in the
10possession of the Commonwealth, and the settlement of claims
11against the Commonwealth, the resettlement of accounts and
12appeals to the courts, refunds of moneys erroneously paid to
13the Commonwealth, auditing the accounts of the Commonwealth
14and all agencies thereof, of all public officers collecting
15moneys payable to the Commonwealth, or any agency thereof,
16and all receipts of appropriations from the Commonwealth,
17authorizing the Commonwealth to issue tax anticipation notes
18to defray current expenses, implementing the provisions of
19section 7(a) of Article VIII of the Constitution of
20Pennsylvania authorizing and restricting the incurring of
21certain debt and imposing penalties; affecting every
22department, board, commission, and officer of the State
23government, every political subdivision of the State, and
24certain officers of such subdivisions, every person,
25association, and corporation required to pay, assess, or
26collect taxes, or to make returns or reports under the laws
27imposing taxes for State purposes, or to pay license fees or
28other moneys to the Commonwealth, or any agency thereof,
29every State depository and every debtor or creditor of the
30Commonwealth," in additional special funds, further providing
31for the Pennsylvania Race Horse Development Fund.

32The General Assembly of the Commonwealth of Pennsylvania

1hereby enacts as follows:

2Section 1. Section 1723-A.1(2) of the act of April 9, 1929
3(P.L.343, No.176), known as The Fiscal Code, added July 18, 2013
4(P.L.574, No.71), is amended to read:

5Section 1723-A.1. Distributions from Pennsylvania Race Horse
6Development Fund.

7Funds in the fund are appropriated to the department on a
8continuing basis for the purposes set forth in this subsection
9and shall be distributed to each active and operating Category 1
10licensee conducting live racing as follows:

11* * *

12(2) For fiscal year 2013-2014, distributions from the
13fund shall be allocated as follows:

14(i) Each week, $802,682 in the fund shall be
15transferred to the account. This transfer shall not
16exceed $17,659,000 annually.

17(i.1) After December 31, 2013, and before July 1,
182014, the following apply:

19(A) Subject to clause (B), each week, $250,000
20in the fund shall be transferred to the State Racing
21Fund to be used for the enforcement of the act of
22December 17, 1981 (P.L.435, No.135), known as the
23Race Horse Industry Reform Act.

24(B) The total transfer under this subparagraph
25shall not exceed $5,000,000.

<-26(C) Notwithstanding any other provision of law
27to the contrary, the balance remaining in the State
28Racing Fund as of June 30, 2014, after all transfers
29and payments have been made from the State Racing
30Fund, shall remain in the State Racing Fund.

1(ii) Each week, the money remaining in the fund
2after any transfer under [subparagraph (i)<-] subparagraphs 
3(i) and (i.1) shall be distributed to each active and
4operating Category 1 licensee conducting live racing in
5accordance with the following formula:

6(A) Divide:

7(I) the total daily assessments paid, by
8each active and operating Category 1 licensee
9conducting live racing, into the fund for that
10week; by

11(II) the total daily assessments paid, by
12all active and operating Category 1 licensees
13conducting live racing, into the fund for that
14week.

15(B) Multiply the quotient under clause (A) by
16the amount to be distributed under this subparagraph.

17(iii) The distribution under subparagraph (ii) shall
18be allocated as follows:

19(A) The greater of 4% of the amount to be
20distributed under subparagraph (ii) or $220,000 shall
21be used to fund health and pension benefits for the
22members of the horsemen's organizations representing
23the owners and trainers at the racetrack at which the
24licensed racing entity operates for the benefit of
25the organization's members, their families, employees
26and others in accordance with the rules and
27eligibility requirements of the organization, as
28approved by the State Horse Racing Commission or the
29State Harness Racing Commission. This amount shall be
30deposited within five business days of the end of

1each week into a separate account to be established
2by each respective horsemen's organization at a
3banking institution of its choice. Of this amount, a
4minimum of $250,000 shall be paid annually by the
5horsemen's organization to the thoroughbred jockeys
6or standardbred drivers organization at the racetrack
7at which the licensed racing entity operates for
8health insurance, life insurance or other benefits to
9active and disabled thoroughbred jockeys or
10standardbred drivers in accordance with the rules and
11eligibility requirements of that organization. The
12total distribution under this clause in any fiscal
13year shall not exceed $11,400,000.

14(B) Of the money remaining to be distributed
15under subparagraph (ii) after application of clause
16(A), the following disbursements shall be made:

17(I) Eighty-three and one-third percent of
18the money to be distributed under this clause
19shall be deposited on a weekly basis into a
20separate, interest-bearing purse account to be
21established by and for the benefit of the
22horsemen. The earned interest on the account
23shall be credited to the purse account. Licensees
24shall combine these funds with revenues from
25existing purse agreements to fund purses for live
26races consistent with those agreements with the
27advice and consent of the horsemen.

28(II) For thoroughbred tracks, 16 and 2/3% of 
29the money to be distributed under this clause 
30shall be deposited on a weekly basis into the
 

1Pennsylvania Breeding Fund established in section 
2223 of the Race Horse Industry Reform Act. For 
3standardbred tracks, 8 and 1/3% of the money to 
4be distributed under this clause shall be 
5deposited on a weekly basis into the Pennsylvania 
6Sire Stakes Fund as defined in section 224 of the 
7Race Horse Industry Reform Act; and 8 and 1/3% of 
8the money to be distributed under this clause 
9shall be deposited on a weekly basis into a 
10restricted account in the State Racing Fund to be 
11known as the Pennsylvania Standardbred Breeders 
12Development Fund. The State Harness Racing 
13Commission shall, in consultation with the 
14Secretary of Agriculture, promulgate regulations 
15adopting a standardbred breeders program that 
16will include the administration of the 
17Pennsylvania Stallion Award, the Pennsylvania 
18Bred Award and the Pennsylvania Sired and Bred 
19Award.

20Section 2. If this section takes effect after January 1,
212014, the <-addition of section 1723-A.1(2)(i.1) amendment of 
22section 1723-A.1(2) of the act shall apply retroactively to
23January 1, 2014.

24Section 3. This act shall take effect immediately.