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PA Bulletin, Doc. No. 06-1967




[58 PA. CODE CH. 163]

Pennsylvania Breeding Fund Program

[36 Pa.B. 6095]
[Saturday, October 7, 2006]

   The State Horse Racing Commission (Commission) amends Chapter 163 (relating to rules of racing).

Statutory Authority

   The Race Horse Industry Reform Act (act) (4 P. S. §§ 325.101--325.402) provides the general legal authority for this final-form rulemaking.

   Section 202 of the act (4 P. S. § 325.202) provides the Commission authority to adopt rules and regulations necessary to its supervision of thoroughbred horse race meetings; and section 223(b) of the act (4 P. S. § 325.223(b)) requires the Commission to promulgate regulations describing awards under the Pennsylvania Breeding Fund Program (Program).

Purpose of the Final-Form Rulemaking

   The final-form rulemaking amends and clarifies several definitions regarding the Program and meets the statutory requirement that the Commission promulgate a regulation providing for Program awards.


   The Pennsylvania Breeding Fund (Fund) is intended to stimulate and sustain this Commonwealth's thoroughbred breeding industry. The Fund currently receives an amount equivalent to 1% of the dollar amount wagered each day on thoroughbred horses at facilities in this Commonwealth conducting pari-mutuel wagering. The Fund is a restricted account in the State Racing Fund and helps support live thoroughbred racing for a series of incentive award payments to: (1) breeders of Pennsylvania-bred thoroughbred horses sired either by a registered Pennsylvania sire or a nonregistered sire; (2) owners of registered Pennsylvania sires; and (3) licensed owners of registered Pennsylvania-bred thoroughbred horses. The act, since 1981, provides a clear description of how awards are to be calculated and distributed, but also requires that the Commission address this subject in regulation.

   The Pennsylvania Horse Breeders' Association retains records relevant to the Commission's administration of the Program and performs other functions described in section 223 of the act.

Comments and Responses

   Notice of proposed rulemaking was published at 36 Pa.B. 2173 (May 6, 2006) affording the public, the Legislature and the Independent Regulatory Review Commission (IRRC) the opportunity to offer comments. No comments were offered.

Fiscal Impact

   The final-form rulemaking imposes no additional costs and has no fiscal impact upon the Commonwealth, political subdivisions, the public sector or the general public.

Paperwork Requirements

   The final-form rulemaking will result in no additional paperwork for the Commission.

Effective Date

   The final-form rulemaking will take effect upon publication in the Pennsylvania Bulletin.

Additional Information

   Individuals who need information about the final-form rulemaking should contact Benjamin H. Nolt, Jr., Executive Secretary, State Horse Racing Commission, Room 304, Department of Agriculture, 2301 North Cameron Street, Harrisburg, PA 17110, (717) 346-9643.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 24, 2006, the Commission submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 2173, to IRRC and the Chairpersons of the House State Government Committee and the Senate State Government Committee for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Commission has considered all comments from IRRC, the House and Senate Committees and the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 6, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. The final-form rulemaking was deemed approved under section 5(g) of the Regulatory Review Act, effective September 7, 2006.


   The Commission finds that:

   (1)  Public notice of intention to adopt this final-form regulation has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided as required by law and no comments were received.

   (3)  The adoption of the amendments in the manner provided in this order is necessary and appropriate for the administration of the authorizing statute.


   The Commission, acting under the authorizing statutes, orders the following:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 163, are amended by amending §§ 163.531 and 163.538 to read as set forth at 36 Pa.B. 2173.

   (b)  The Executive Secretary of the Commission shall submit this order and 36 Pa.B. 2173 to the Office of General Counsel and the Office of Attorney General for approval as required by law.

   (c)  The Executive Secretary of the Commission shall certify and deposit this order and 36 Pa.B. 2173 with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

Executive Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 5941 (September 23, 2006).)

   Fiscal Note:  Fiscal Note 34-65 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 06-1967. Filed for public inspection October 6, 2006, 9:00 a.m.]

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