2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 97 - AGRICULTURE CODE (3 PA.C.S.) - STATE HORSE RACING COMMISSION
Session of 2022
No. 2022-97
SB1237
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in race horse industry reform, further providing for State Horse Racing Commission.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 9311(h) of Title 3 of the Pennsylvania Consolidated Statutes is amended to read:
§ 9311. State Horse Racing Commission.
* * *
(h) Rules and regulations.--The following shall apply:
(1) All rules and regulations promulgated under the former act of December 11, 1967 (P.L.707, No.331), referred to as the Pennsylvania Thoroughbred Horse Racing Law, or the former act of December 22, 1959 (P.L.1978, No.728), referred to as the Pennsylvania Harness Racing Law, shall remain in effect except to the extent that they are in direct conflict with this chapter. The commission may adopt, amend, revise or alter the rules and regulations as the commission deems necessary.
(2) The commission shall promulgate rules and regulations necessary for the administration and enforcement of this chapter. Except as provided in this paragraph and [paragraph (3)] paragraphs (3) and (5), regulations shall be promulgated in accordance with law.
(3) In order to facilitate the prompt implementation of this chapter, regulations promulgated by the commission shall be deemed temporary regulations which shall not expire for a period of [three] six years following publication. Temporary regulations shall not be subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(ii) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
(iii) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(4) The commission's authority to promulgate temporary regulations under paragraph (3) shall expire three years after the effective date of this section. Regulations adopted after this period shall be promulgated as provided by law.
(5) In order to facilitate the prompt implementation of regulations required by the Horseracing Integrity and Safety Act of 2020 (Public Law 116-260, 134 Stat. 1182), the commission may promulgate temporary regulations that shall expire no later than three years following the publication of the temporary regulations. The commission may promulgate temporary regulations not subject to:
(i) Sections 201, 202, 203, 204 and 205 of the Commonwealth Documents Law.
(ii) Sections 204(b) and 301(10) of the Commonwealth Attorneys Act.
(iii) The Regulatory Review Act.
(6) The commission's authority to promulgate temporary regulations under paragraph (5) shall expire three years after the effective date of this paragraph. Regulations adopted after this period shall be promulgated as provided by law.
* * *
Section 2. This act shall take effect immediately.
APPROVED--The 30th day of September, A.D. 2022.
TOM WOLF
