§ 9336. Pennsylvania Breeding Fund
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 Pa.C.S.A. AgricultureEffective: January 1, 2017
Effective: January 1, 2017
3 Pa.C.S.A. § 9336
Formerly cited as PA ST 4 P.S. § 325.223; PA ST 71 P.S. § 720.56
§ 9336. Pennsylvania Breeding Fund
(a) Establishment.--There is 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 9334 (relating to State Racing Fund and tax rate) and any provision of 4 Pa.C.S. Pt. II (relating to gaming) and which shall be distributed by the commission.
<Section 7(2) of Act 2016, Oct. 28, P.L. 913, No. 114, provides that addition of 3 Pa.C.S.A. § 9336(a.1), (b.1), (d.1) and (e)(2) shall apply January 1, 2017.>
(a.1) Effective dates.--If at least $10,000,000 more than the amount deposited into the Pennsylvania Breeding Fund in 2016 under subsection (a) is deposited into the Pennsylvania Breeding Fund, this subsection and subsection (d.1) shall become effective on January 1 of the year following the effective date of the deposit, and shall remain effective for each year the deposit amount under this subsection is met. If in any year the funding requirement under this subsection is not met, subsections (c) and (d) shall remain in effect for the following year.
<Section 7(2) of Act 2016, Oct. 28, P.L. 913, No. 114, provides that addition of 3 Pa.C.S.A. § 9336(a.1), (b.1), (d.1) and (e)(2) shall apply January 1, 2017.>
(1) An award of 40% of the purse earned by every registered Pennsylvania-bred thoroughbred race horse sired by a registered Pennsylvania sire at the time of conception of the registered Pennsylvania-bred thoroughbred race horse which finishes first, second or third in any race conducted by a licensed racing entity under this chapter shall be paid to the breeder of the registered Pennsylvania-bred thoroughbred race horse.
(2) An award of 20% of the purse earned by every registered Pennsylvania-bred thoroughbred race horse sired by a nonregistered sire, which finishes first, second or third in any race conducted by a licensed racing entity under this chapter shall be paid to the breeder of the registered Pennsylvania-bred thoroughbred race horse.
(4) An award of 10% of the purse earned by any registered Pennsylvania-bred thoroughbred race horse which finishes first, second or third in any race conducted by a licensed racing entity under this chapter 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 race horse. A single award under this paragraph may not exceed 0.5% of the total annual fund money.
<Section 7(1) of Act 2016, Oct. 28, P.L. 913, No. 114, provides that the addition of 3 Pa.C.S.A. § 9336(b), (c), (d), (e)(1) and (f) shall apply retroactively to February 23, 2016.>
(1) 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 awards under subsection (b) or (b.1) 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 race horse.
<Section 7(1) of Act 2016, Oct. 28, P.L. 913, No. 114, provides that the addition of 3 Pa.C.S.A. § 9336(b), (c), (d), (e)(1) and (f) shall apply retroactively to February 23, 2016.>
(d) Remaining funds.--The Pennsylvania Breeding Fund money remaining following disbursements as directed in subsections (b) or (b.1) 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:
(2) Claiming and nonclaiming Pennsylvania Breeding Fund races which prefer registered Pennsylvania-bred thoroughbred race horses as starters. In these races, should eight or more registered Pennsylvania-bred thoroughbred race horses pass the entry box, the race shall be considered closed to horses other than registered Pennsylvania-bred thoroughbred race horses.
<Section 7(2) of Act 2016, Oct. 28, P.L. 913, No. 114, provides that addition of 3 Pa.C.S.A. § 9336(a.1), (b.1), (d.1) and (e)(2) shall apply January 1, 2017.>
(d.1) Remaining funds from Pennsylvania Breeding Fund.--The estimated Pennsylvania Breeding Fund money remaining after the deduction of expenses related to the administration and development of the Pennsylvania Breeding Fund Program and the payment of awards under subsection (b.1) 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 as follows:
(3) In all claiming and nonclaiming races which prefer registered Pennsylvania-bred thoroughbred race horses as starters, if eight or more registered Pennsylvania-bred thoroughbred race horses pass the entry box, the race shall be considered closed to horses other than registered Pennsylvania-bred thoroughbred race horses.
<Section 7(2) of Act 2016, Oct. 28, P.L. 913, No. 114, provides that addition of 3 Pa.C.S.A. § 9336(a.1), (b.1), (d.1) and (e)(2) shall apply January 1, 2017.>
(2) Pennsylvania Breeding Fund money due to licensed racing entities, as outlined in subsections (b.1) and (d.1), 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.
<Section 7(1) of Act 2016, Oct. 28, P.L. 913, No. 114, provides that the addition of 3 Pa.C.S.A. § 9336(b), (c), (d), (e)(1) and (f) shall apply retroactively to February 23, 2016.>
(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 race horses. The Pennsylvania Horse Breeders' Association shall advise the commission when called upon and shall determine the qualifications for Pennsylvania-bred thoroughbred race 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),1 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.
Credits
2016, Oct. 28, P.L. 913, No. 114, § 4.
Footnotes
65 P.S. § 67.101 et seq.
3 Pa.C.S.A. § 9336, PA ST 3 Pa.C.S.A. § 9336
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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