(a) Fund.--There is established in the State Treasury the State Racing Fund. For fiscal year 2015-2016, money in the fund is appropriated on a continuing basis to the department for the purposes of administering this chapter. Beginning on July 1, 2016, all money deposited in the fund, except money deposited in restricted accounts, shall be annually appropriated by the General Assembly for the administration and enforcement of this chapter and for the oversight and promotion of horse racing in this Commonwealth. A licensed racing entity that conducts horse race meetings or a secondary pari-mutuel organization shall pay a tax to the Department of Revenue for deposit in the State Racing Fund.
(b) Tax rate.--The tax imposed on a licensed racing entity or secondary pari-mutuel organization shall be 1.5% of the amount wagered each racing day on win, place or show wagers and 2.5% of the total amount on an exotic wager, including an exacta, daily double, quinella and trifecta wager.
(c) Expenditures.--Funds collected under subsection (b) and any interest shall be used as follows:
(1) For the administration and enforcement of this chapter including:
(i) Funds to the commission in an amount appropriated by the General Assembly.
(ii) Funds to the Department of Revenue in an amount appropriated by the General Assembly.
(2) If annual revenue under subsection (b) is sufficient to satisfy the requirement under paragraph (1), the remainder of the money shall be distributed as follows:
(i) Fifty percent shall remain in the State Racing Fund as a carry forward balance to the next fiscal year. Any carry forward balance shall be first applied to the cost of equine testing under section 9374 (relating to costs of enforcement of medication rules or regulations) and, if any still remains, for commission expenses as budgeted by the General Assembly.
(ii) Fifty percent shall be divided equally and distributed as follows:
(A) Twenty-five percent shall be paid by the Department of Revenue from the State Racing Fund for credit to the Pennsylvania Breeding Fund.
(B) Twenty-five percent shall be paid by the Department of Revenue from the State Racing Fund for credit to the Pennsylvania Sire Stakes Fund.
(d) Breakage.--All breakage retained under section 9335 (relating to pari-mutuel pool distribution) by licensed racing entities that conduct horse race meetings shall be distributed in the following manner:
(1) Thirty-seven and one-half percent of the breakage shall be paid to the Department of Revenue for credit to the State Racing Fund.
(2) Sixty-two and one-half percent of the breakage shall be retained by the licensed racing entity.
(e) Other revenues.--The State Racing Fund may also receive moneys from any other source, including, but not limited to appropriations made by the General Assembly.
Cross References. Section 9334 is referred to in sections 9329, 9330, 9331, 9336, 9337, 9344 of this title; sections 13F08, 13F42, 13F43 of Title 4 (Amusements).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 93 - Race Horse Industry Reform
Section 9311 - State Horse Racing Commission
Section 9312 - Additional powers of commission
Section 9315 - Number of licensed racing entities
Section 9316 - Department of Revenue
Section 9317 - Allocation of racing days
Section 9318 - Licenses for horse race meetings
Section 9319 - Code of conduct
Section 9320 - Financial interests
Section 9321 - Officials at horse race meetings
Section 9322 - Secondary pari-mutuel organization
Section 9323 - Occupational licenses for individuals
Section 9325 - Power of commission to impose fines
Section 9326 - Admission to racetrack
Section 9327 - Security personnel
Section 9329 - Interstate simulcasting
Section 9330 - Place and manner of conducting pari-mutuel wagering at racetrack enclosure
Section 9331 - Pari-mutuel wagering at nonprimary locations
Section 9332 - Books and records of pari-mutuel wagering
Section 9333 - Filing of certain agreements with commission
Section 9334 - State Racing Fund and tax rate
Section 9335 - Pari-mutuel pool distribution
Section 9336 - Pennsylvania Breeding Fund
Section 9337 - Pennsylvania Sire Stakes Fund
Section 9338 - Fair fund proceeds
Section 9340 - Prohibition of wagering
Section 9341 - Veterinarians and State stewards
Section 9342 - Promotions and discounts
Section 9343 - Monitoring of wagering on video screens
Section 9344 - Intrastate simulcasting
Section 9346 - Standardbred horse racing purse money
Section 9351 - General license requirements
Section 9352 - Licensing costs and fees
Section 9353 - License application procedures
Section 9354 - Oral presentation by applicant
Section 9355 - Additional information
Section 9357 - Transfers of licenses
Section 9358 - Duration of license
Section 9359 - Penalties and enforcement
Section 9361 - Tax compliance requirement
Section 9371 - Mandatory requirements for medication rules
Section 9372 - Establishment of Pennsylvania Race Horse Testing Program
Section 9373 - Equipment, supplies and facilities
Section 9374 - Costs of enforcement of medication rules or regulations