PRIOR PRINTER'S NO. 692                       PRINTER'S NO. 1960

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 614 Session of 1975


        INTRODUCED BY MESSRS. GEISLER, CAPUTO, BRUNNER, M. M. MULLEN,
           MANDERINO, McGRAW, LAUDADIO, PERRY, PIEVSKY, O'BRIEN,
           GOODMAN, MRKONIC, MUSTO, NOVAK, WANSACZ, McLANE, KNEPPER,
           PARKER, FISHER, BELLOMINI, RYAN, CESSAR, PETRARCA, BONETTO,
           HALVERSON, DeMEDIO, TRELLO, ABRAHAM, MISCEVICH, JOHNSON,
           GLEESON, MILANOVICH, ROMANELLI, LINCOLN, LAUGHLIN, A. K.
           HUTCHINSON, DOMBROWSKI, WEIDNER, O'CONNELL, McGINNIS,
           GREENFIELD, AND GRIECO, MARCH 3, 1975

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JULY 9, 1975

                                     AN ACT

     1  Amending the act of December 22, 1959 (P.L.1978, No.728),
     2     entitled, as amended, "An act providing for and regulating
     3     harness racing with pari-mutuel wagering on the results
     4     thereof; creating the State Harness Racing Commission as a
     5     departmental administrative commission within the Department
     6     of Agriculture and defining its powers and duties; providing
     7     for the establishment and operation of harness racing plants
     8     subject to local option; imposing taxes on revenues of such
     9     plants; disposing of all moneys received by the commission
    10     and all moneys collected from the taxes; authorizing
    11     penalties; and making appropriations," extending the terms of
                                            g                                
    13     the chairman and a per diem for the other members.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Section 1, act of December 22, 1959 (P.L.1978,
    17  No.728), entitled, as amended, "An act providing for and
    18  regulating harness racing with pari-mutuel wagering on the
    19  results thereof; creating the State Harness Racing Commission as
    20  a departmental administrative commission within the Department

     1  of Agriculture and defining its powers and duties; providing for
     2  the establishment and operation of harness racing plants subject
     3  to local option; imposing taxes on revenues of such plants;
     4  disposing of all moneys received by the commission and all
     5  moneys collected from the taxes; authorizing penalties; and
     6  making appropriations," amended May 20, 1963 (P.L.40, No.37),
     7  and July 17, 1963 (P.L.256, No.136), is amended to read:
     8     Section 1.  State Harness Racing Commission.--The State
     9  Harness Racing Commission heretofore created as an independent
    10  administrative commission is hereby established as a
    11  departmental administrative commission within the Department of
    12  Agriculture, and it shall have general jurisdiction over all
    13  pari-mutuel harness racing activities in the State and the
    14  corporations engaged therein. Such commission shall consist of
    15  three members who shall be appointed by the Governor, by and
    16  with the advice and consent of the Senate. Each commissioner
    17  shall hold office for a term of [three] five years. [Such
    18  commissioners shall receive no salary but shall be reimbursed
    19  for expenses incurred in the performance of their official
    20  duties.] One of the commissioners shall be appointed by the
    21  Governor as chairman and shall receive a salary of twenty-two     <--
    22  thousand five hundred dollars ($22,500) per annum and shall be
    23  reimbursed for expenses incurred in the performance of his
    24  official duties AS ESTABLISHED FROM TIME TO TIME BY THE           <--
    25  EXECUTIVE BOARD. The remaining commissioners shall be
    26  compensated at the rate of one hundred dollars ($100) per diem
    27  and expenses incurred in the performance of their official
    28  duties. The commission shall appoint such deputies, secretaries,
    29  officers, representatives and counsel as it may deem necessary,
    30  who shall serve during its pleasure, and shall also appoint such
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     1  employes it may deem necessary and whose duties shall be
     2  prescribed by the commission and whose compensation shall be
     3  fixed by the commission within the appropriations available
     4  therefor. It shall be the duty of the secretary to keep a full
     5  and faithful record of the proceedings of such commission,
     6  preserve at the general office of such commission all books,
     7  maps, documents, and papers entrusted to his care, prepare for
     8  service such papers and notices as may be required of him by the
     9  commission, and perform such other duties as the commission may
    10  prescribe. It shall be the duty of the secretary to keep, at the
    11  offices of the commission, a docket setting forth the names of
    12  all stockholders in all corporations licensed under this act,
    13  the number of shares held by each such stockholder, and the date
    14  on which each shareholder acquired his stock in the corporate
    15  licensee. Such docket shall be open for public inspection. The
    16  commission, or such officers, employes or agents of the
    17  commission as may be designated by the commission for such
    18  purpose, shall have the power to administer oaths and examine
    19  witnesses, and may issue subpoenas to compel attendance of
    20  witnesses, and the production of all relevant and material
    21  reports, books, papers, documents, correspondence, and other
    22  evidence. Such commission shall, annually, make a full report to
    23  the Secretary of Agriculture of its proceedings for the year
    24  ending with the first day of the preceding December and such
    25  suggestions and recommendations as it shall deem desirable. Such
    26  commission shall exercise its powers and duties subject to the
    27  provisions of the Administrative Code of 1929, approved April 9,
    28  1929 (P.L.177, No.175), relating to departmental commissions.
    29     Section 2.  This act shall take effect immediately.

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