PRINTER'S NO. 1757
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1229
Session of
2015
INTRODUCED BY VOGEL AND RAFFERTY, MAY 6, 2016
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 6, 2016
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for the regulation of pari-mutuel
thoroughbred horse racing and harness horse racing
activities, imposing certain taxes and providing for the
disposition of funds from pari-mutuel tickets; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in horse race industry reform, further providing
for Pennsylvania Breeding Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2836-D of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
added February 23, 2016 (P.L.15, No.7), is amended to read:
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Section 2836-D. Pennsylvania Breeding Fund.
(a) Establishment.--There is hereby created a restricted
account in the State Racing Fund to be known as the Pennsylvania
Breeding Fund which shall consist of the money deposited under
section 2834-D and any provision of 4 Pa.C.S. Pt. II (relating
to gaming) and which shall be distributed by the commission.
(b) Awards from the Pennsylvania Breeding Fund.--The
commission shall distribute money from the Pennsylvania Breeding
Fund as follows:
(1) An award of 30% of the purse earned by every
Pennsylvania-bred registered thoroughbred racing horse sired
in this Commonwealth by a registered Pennsylvania sire at the
time of conception of the Pennsylvania-bred registered
thoroughbred racing horse sired in this Commonwealth, or an
award of 20% of the purse earned by every Pennsylvania-bred
registered thoroughbred racing horse [sired] in this
Commonwealth sired by a nonregistered sire, which finishes
first, second or third in any race conducted by a licensed
racing entity under this article shall be paid to the breeder
of said Pennsylvania-bred registered thoroughbred racing
horse [sired] in this Commonwealth. A single award under this
paragraph may not exceed 1% of the total annual fund money.
(2) An award of 10% of the purse earned by any
Pennsylvania-bred registered thoroughbred racing horse sired
in this Commonwealth which finishes first, second or third in
any race conducted by a licensed racing entity under this
article shall be paid to the owner of the registered
Pennsylvania sire which regularly stood in Pennsylvania at
the time of conception of the Pennsylvania-bred thoroughbred
racing horse sired in this Commonwealth. A single award under
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this paragraph may not exceed 0.5% of the total annual fund
money.
(3) An award of 10% of the purse earned by any
Pennsylvania-bred registered thoroughbred racing horse
[sired] in this Commonwealth which finishes first in any race
conducted by a licensed racing entity under this article not
restricting entry to a Pennsylvania-bred registered
[thoroughbreds] thoroughbred racing horse [sired] in this
Commonwealth shall be paid to the licensed owner of said
Pennsylvania-bred registered thoroughbred horse [sired] in
this Commonwealth at the time of winning. A single award
under this paragraph may not exceed 0.5% of the total annual
fund money.
(c) Purses from Pennsylvania Breeding Fund.--Up to one-fifth
of the total of the estimated Pennsylvania Breeding Fund money
remaining each year after the deduction of expenses related to
the administration and development of the Pennsylvania Breeding
Fund program and the payment of breeder, stallion and owner
awards, shall be divided among the licensed racing entities that
conduct thoroughbred horse race meetings in direct proportion to
the rate by which each licensed racing entity generated the fund
money during the previous year to be used solely for purses for
Pennsylvania Breeding Fund stakes races which restrict entry to
a Pennsylvania-bred registered thoroughbred racing horse [sired]
in this Commonwealth.
(d) Remaining funds.--The Pennsylvania Breeding Fund money
remaining following disbursements as directed in subsections (b)
(1), (2) and (3) and (c) shall be divided among the licensed
racing entities that conduct thoroughbred horse race meetings in
direct proportion to the rate by which each licensed racing
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entity generated the fund money during the previous year to be
used for purses as follows:
(1) Claiming and nonclaiming Pennsylvania Breeding Fund
races which restrict entry to Pennsylvania-bred registered
thoroughbred racing horses [sired] in this Commonwealth.
(2) Claiming and nonclaiming Pennsylvania Breeding Fund
races which prefer Pennsylvania-bred registered thoroughbred
racing horses [sired] in this Commonwealth as starters. In
these races, should eight or more Pennsylvania-bred
registered thoroughbred racing horses [sired] in this
Commonwealth pass the entry box, the race shall be considered
closed to horses other than Pennsylvania-bred registered
thoroughbred racing horses [sired] in this Commonwealth.
(e) Funds not expended.--Pennsylvania Breeding Fund money
due to licensed racing entities, as outlined in subsections (c)
and (d), but not expended during the calendar year may be
carried forth in the fund on the accounts of the licensed racing
entities to be expended during the succeeding year in addition
to the racing entities' fund money annually due to them for
purses.
(e.1) Committee.--There is hereby established the
Pennsylvania Breeding Fund Advisory Committee within the
commission. The committee shall consist of five individuals, who
are residents of this Commonwealth, to be appointed by the
commission by June 1 of each year based on the recommendation of
the groups identified in this subsection. If a member other than
a commissioner has not been recommended by June 1 of each year,
the commission shall make an appointment for the organization
failing to so recommend a member of the committee. The committee
shall assist and advise the commission on the regulation of
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horse racing breeding issues under this article but shall have
no power in administering the fund. Members of the advisory
committee shall not receive compensation or reimbursements for
participation on the committee. The committee shall consist of
the following members:
(1) Two members representing the Pennsylvania Horse
Breeders' Association.
(2) One member representing licensed racing entities.
(3) One member representing the association representing
horsemen racing in Pennsylvania.
(4) One member of the commission.
(f) Pennsylvania Horse Breeders' Association.--The
commission shall contract with the Pennsylvania Horse Breeders'
Association as the organization responsible for the registration
and records of Pennsylvania-bred thoroughbred racing horses
[sired] in this Commonwealth. The Pennsylvania Horse Breeders'
Association shall advise the commission when called upon and
shall determine the qualifications for Pennsylvania-bred
thoroughbred racing horses [sired] in this Commonwealth and
Pennsylvania sires. Registration and records of the association
shall be official records of the Commonwealth and shall be
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law. At the close of each calendar year, the
Pennsylvania Horse Breeders' Association shall submit to the
commission for its approval an itemized budget of projected
expenses for the ensuing year relating to the administration and
development of the Pennsylvania Breeding Fund Program. The
commission shall reimburse the Pennsylvania Horse Breeders'
Association for those expenses actually incurred in the
administration and development of the Pennsylvania Breeding Fund
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Program from the Pennsylvania Breeding Fund, no more than on a
quarterly basis.
Section 2. The amendment of section 2836-D of the act shall
apply retroactively to January 1, 2016.
Section 3. This act shall take effect in 60 days.
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