PRIOR PRINTER'S NOS. 1757, 1763, 1983,
1763
PRINTER'S NO. 2020
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1229
Session of
2015
INTRODUCED BY VOGEL, RAFFERTY AND HUGHES, MAY 6, 2016
SENATOR CORMAN, RULES, RE-REPORTED AS AMENDED, JULY 11, 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 POWERS AND DUTIES OF THE DEPARTMENT OF
ENVIRONMENTAL RESOURCES, ITS OFFICERS AND DEPARTMENTAL AND
ADVISORY BOARDS AND COMMISSIONS, PROVIDING FOR PRODUCTION
REPORTS, FOR RESTORATION OF WELL SITE, FOR WATER STANDARDS
AND FOR SOLAR PHOTOVOLTAIC TECHNOLOGY; IN POWERS AND DUTIES
OF THE DEPARTMENT OF CORRECTIONS, PROVIDING FOR NOTICE OF
PUBLIC HEARING FOR STATE CORRECTIONAL INSTITUTION CLOSURE;
AND, in horse race industry reform, further providing for
Pennsylvania Breeding Fund.
The General Assembly of the Commonwealth of Pennsylvania
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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:
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
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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
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
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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
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
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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
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
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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
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 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN
AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING
SECTIONS TO READ:
SECTION 1938-A. PRODUCTION REPORTS.-- THE PRODUCTION REPORTS
REQUIRED UNDER THE ACT OF OCTOBER 22, 2014 (P.L.2853, NO.173),
KNOWN AS THE UNCONVENTIONAL WELL REPORT ACT, WHICH ARE SUBMITTED
ON FEBRUARY 15 AND AUGUST 15 OF EACH YEAR SHALL INCLUDE
INFORMATION ON THE AMOUNT AND TYPE OF WASTE PRODUCED AND THE
METHOD OF WASTE DISPOSAL OR REUSE FOR THE PRECEDING SIX MONTHS.
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAY NOT REQUIRE MORE
FREQUENT REPORTING THAN WHAT IS REQUIRED UNDER THIS SECTION.
WASTE INFORMATION SUBMITTED TO THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION IN ACCORDANCE WITH THIS SECTION SHALL BE DEEMED TO
SATISFY THE RESIDUAL WASTE BIENNIAL REPORTING REQUIREMENTS UNDER
25 PA. CODE § 287.52 (RELATING TO BIENNIAL REPORT).
SECTION 1939-A. RESTORATION OF WELL SITE.--IF MULTIPLE WELLS
ARE DRILLED OR PERMITTED TO BE DRILLED ON A SINGLE WELL SITE,
THE RESTORATION PROVISIONS OF 58 PA.C.S. § 3216(C) (RE LATING TO
WELL SITE RESTORATION) SHALL APPLY. THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION SHALL ENSURE THAT THE RESTORATION
PROVISIONS ARE COMPLIED WITH WITHIN 24 MONTHS AFTER COMPLETION
OF ALL WELLS DRILLED ON THE WELL SITE OR WITHIN 24 MONTHS AFTER
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THE EXPIRATION OF ALL EXISTING WELL PERMITS ON THE WELL SITE,
WHICHEVER IS LATER.
SECTION 1940-A. WATER STANDARDS.--THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION MAY NOT PRESCRIBE STANDARDS OR
REQUIREMENTS FOR THE STORAGE OF SURFACE WATER, FRESH GROUNDWATER
OR WATER OBTAINED FROM AN APPROVED PUBLIC WATER PURVEYOR FOR USE
IN OIL AND GAS DEVELOPMENT THAT ARE MORE STRINGENT THAN THOSE
IMPOSED FOR THE STORAGE OF SIMILAR FRESHWATER SOURCES USED FOR
PURPOSES OTHER THAN OIL AND GAS DEVELOPMENT.
SECTION 1941-A. SOLAR PHOTOVOLTAIC TECHNOLOGY.--(A)
NOTWITHSTANDING THE PROVISIONS OF SECTION 4 OF THE ACT OF
NOVEMBER 30, 2004 (P.L.1672, NO.213), KNOWN AS THE "ALTERNATIVE
ENERGY PORTFOLIO STANDARDS ACT," TO MEET THE REQUIREMENTS OF
SECTION 4 OF THE "ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT,"
ALL SOLAR PHOTOVOLTAIC TECHNOLOGY REGISTERED IN ACCORDANCE WITH
THE "ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT" SHALL DIRECTLY
DELIVER THE ELECTRICITY IT GENERATES TO THE DISTRIBUTION SYSTEM
OPERATED BY AN ELECTRIC DISTRIBUTION COMPANY OPERATING WITHIN
THIS COMMONWEALTH AND CURRENTLY OBLIGATED TO MEET THE COMPLIANCE
REQUIREMENTS CONTAINED IN THE "ALTERNATIVE ENERGY PORTFOLIO
STANDARDS ACT."
(B) FOR PURPOSES OF THIS SECTION, "ELECTRIC DISTRIBUTION
COMPANY" SHALL HAVE THE SAME MEANING GIVEN TO IT UNDER 66
PA.C.S. CH. 28 (RELATING TO RESTRUCTURING OF ELECTRIC UTILITY
INDUSTRY).
SECTION 915-B. NOTICE OF PUBLIC HEARING FOR STATE
CORRECTIONAL INSTITUTION CLOSURE.-- DURING THE FISCAL YEAR 2016-
2017, THE DEPARTMENT OF CORRECTIONS MAY NOT CLOSE A STATE
CORRECTIONAL INSTITUTION AS DEFINED IN 61 PA.C.S. § 102
(RELATING TO DEFINITIONS), UNLESS THE DEPARTMENT OF CORRECTIONS
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CONDUCTS A PUBLIC HEARING. THE DEPARTMENT OF CORRECTIONS SHALL
PROVIDE NOTICE THIRTY (30) DAYS BEFORE THE PUBLIC HEARING IN THE
PENNSYLVANIA BULLETIN AND IN AT LEAST TWO LOCAL NEWSPAPERS.
SECTION 2. SECTION 2836-D OF THE ACT, ADDED FEBRUARY 23,
2016 (P.L.15, NO.7), IS AMENDED TO READ:
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
REGISTERED THOROUGHBRED RACING HORSE SIRED IN THIS
COMMONWEALTH BY A REGISTERED PENNSYLVANIA SIRE AT THE TIME OF
CONCEPTION OF THE REGISTERED THOROUGHBRED RACING HORSE SIRED
IN THIS COMMONWEALTH, OR AN AWARD OF 20% OF THE PURSE EARNED
BY EVERY 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 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
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
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SHALL BE PAID TO THE OWNER OF THE REGISTERED PENNSYLVANIA
SIRE WHICH REGULARLY STOOD IN PENNSYLVANIA AT THE TIME OF
CONCEPTION OF THE THOROUGHBRED RACING HORSE SIRED IN THIS
COMMONWEALTH. A SINGLE AWARD UNDER THIS PARAGRAPH MAY NOT
EXCEED 0.5% OF THE TOTAL ANNUAL FUND MONEY.
(3) AN AWARD OF 10% OF THE PURSE EARNED BY ANY
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 REGISTERED THOROUGHBREDS RACING HORSE SIRED IN THIS
COMMONWEALTH SHALL BE PAID TO THE LICENSED OWNER OF SAID
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
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 REGISTERED THOROUGHBRED RACING
HORSES SIRED IN THIS COMMONWEALTH.
(2) CLAIMING AND NONCLAIMING PENNSYLVANIA BREEDING FUND
RACES WHICH PREFER REGISTERED THOROUGHBRED RACING HORSES
SIRED IN THIS COMMONWEALTH AS STARTERS. IN THESE RACES,
SHOULD EIGHT OR MORE REGISTERED THOROUGHBRED RACING HORSES
SIRED IN THIS COMMONWEALTH PASS THE ENTRY BOX, THE RACE SHALL
BE CONSIDERED CLOSED TO HORSES OTHER THAN 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
HORSE RACING BREEDING ISSUES UNDER THIS ARTICLE BUT SHALL HAVE
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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 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 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 PROGRAM FROM THE PENNSYLVANIA BREEDING FUND, NO
MORE THAN ON A QUARTERLY BASIS.] (A) ESTABLISHMENT.--THERE IS
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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
REGISTERED PENNSYLVANIA-BRED THOROUGHBRED RACING HORSE SIRED
BY A REGISTERED PENNSYLVANIA SIRE AT THE TIME OF CONCEPTION
OF THE REGISTERED PENNSYLVANIA-BRED THOROUGHBRED RACING
HORSE, OR AN AWARD OF 20% OF THE PURSE EARNED BY EVERY
REGISTERED PENNSYLVANIA-BRED THOROUGHBRED RACING HORSE 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 REGISTERED
PENNSYLVANIA-BRED THOROUGHBRED RACING HORSE. 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
REGISTERED PENNSYLVANIA-BRED THOROUGHBRED RACING HORSE 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. 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
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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 AND STALLION 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 REGISTERED PENNSYLVANIA-BRED THOROUGHBRED RACING HORSE.
(D) REMAINING FUNDS.--THE PENNSYLVANIA BREEDING FUND MONEY
REMAINING FOLLOWING DISBURSEMENTS AS DIRECTED IN SUBSECTIONS (B)
(1) AND (2) 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 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 REGISTERED PENNSYLVANIA-BRED
THOROUGHBRED RACING HORSES.
(2) CLAIMING AND NONCLAIMING PENNSYLVANIA BREEDING FUND
RACES WHICH PREFER REGISTERED PENNSYLVANIA-BRED THOROUGHBRED
RACING HORSES AS STARTERS. IN THESE RACES, SHOULD EIGHT OR
MORE REGISTERED PENNSYLVANIA-BRED THOROUGHBRED RACING HORSES
PASS THE ENTRY BOX, THE RACE SHALL BE CONSIDERED CLOSED TO
HORSES OTHER THAN REGISTERED PENNSYLVANIA-BRED THOROUGHBRED
RACING HORSES.
(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
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CARRIED FORTH IN THE FUND ON THE ACCOUNTS OF THE LICENSED RACING
ENTITIES TO BE EXPENDED DURING THE SUCCEEDING YEAR IN ADDITION
TO THE LICENSED 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
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. THE
PENNSYLVANIA HORSE BREEDERS' ASSOCIATION SHALL ADVISE THE
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COMMISSION WHEN CALLED UPON AND SHALL DETERMINE THE
QUALIFICATIONS FOR PENNSYLVANIA-BRED THOROUGHBRED RACING HORSES
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, ON NO MORE THAN A QUARTERLY BASIS,
SHALL REIMBURSE FROM THE FUND THE PENNSYLVANIA HORSE BREEDERS'
ASSOCIATION FOR THOSE EXPENSES ACTUALLY INCURRED IN THE
ADMINISTRATION AND DEVELOPMENT OF THE PENNSYLVANIA BREEDING FUND
PROGRAM.
(G) ADJUSTMENT OF AWARDS.--THE FOLLOWING SHALL APPLY:
(1) SUBJECT TO PARAGRAPH (3), THE COMMISSION MAY ADJUST
THE AWARDS UNDER SUBSECTION (B) AFTER:
(I) ITS REVIEW OF THE REPORT ISSUED UNDER SECTION
4.1 OF THE ACT OF FEBRUARY 23, 2016 (P.L.15, NO.7),
ENTITLED "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
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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; 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 ORGANIZATION OF
INDEPENDENT ADMINISTRATIVE BOARDS AND COMMISSIONS,
PROVIDING FOR PENNSYLVANIA GAMING CONTROL BOARD; IN
ORGANIZATION, FURTHER PROVIDING FOR ADVISORY BOARDS AND
COMMISSIONS; IN COMMONWEALTH AGENCY FEES, FURTHER
PROVIDING FOR DISTILLERY OF HISTORICAL SIGNIFICANCE
LICENSE FEE REDUCTION; PROVIDING FOR RACE HORSE INDUSTRY
REFORM; CONFERRING DUTIES UPON THE JOINT STATE GOVERNMENT
COMMISSION; MAKING EDITORIAL CHANGES; AND MAKING RELATED
REPEALS"; AND
(II) A HEARING ON THE MATTER OF THE ADJUSTMENT.
(2) THE REVIEW AND HEARING PROCESS UNDER THIS SUBSECTION
MUST BE COMPLETED BY DECEMBER 31, 2017, WITH ANY ADJUSTMENT
EFFECTIVE JANUARY 1, 2018.
(3) (I) WITH RESPECT TO AN AWARD UNDER SUBSECTION (B)
(1), ANY ADJUSTMENT REGARDING THE A WARD OF THE PURSE
EARNED BY A RACING HORSE SIRED BY A REGISTERED
PENNSYLVANIA SIRE MAY NOT BE LESS THAN 30% AND MAY NOT BE
MORE THAN 50%.
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(II) ANY ADJUSTMENT REGARDING THE AWARD OF THE PURSE
EARNED BY A RACING HORSE SIRED BY A NONREGISTERED SIRE
MAY NOT BE LESS THAN 20% AND MAY NOT BE MORE THAN 40%.
(4) ANY ADJUSTMENT UNDER THIS SUBSECTION MAY ONLY OCCUR
ONCE UNDER THIS SUBSECTION, UNLESS ANOTHER REVIEW PROCESS IS
ESTABLISHED BY LAW.
SECTION 3. THE ADDITION OF SECTION 2836-D(B), (C) AND (D) OF
THE ACT SHALL APPLY RETROACTIVELY TO FEBRUARY 23, 2016.
Section 3 4. This act shall take effect immediately.
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