PRINTER'S NO. 3417
No. 2521 Session of 1988
INTRODUCED BY MORRIS, SIRIANNI, COLAFELLA, FARGO AND DeWEESE,
JUNE 6, 1988
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JUNE 6, 1988
AN ACT
1 Creating the Horsemen's Bill of Rights.
2 The General Assembly finds that the horse racing industry is
3 an important facet of our State's economic and recreational
4 development. Live horse racing is the cornerstone of the horse
5 racing industry, whereby breeders, owners and trainers are
6 employed in order to facilitate quality horse racing in
7 Pennsylvania. As with all citizens in this Commonwealth, they,
8 the horsemen, are afforded certain constitutional rights that
9 must be guaranteed and upheld. Therefore, In adopting this
10 legislation, the General Assembly hopes that the constitutional
11 rights of those who are working participants in the industry be
12 indeed guaranteed and fostered.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title.
16 This act shall be known and may be cited as the Horsemen's
1 Bill of Rights.
2 Section 2. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Horsemen." Individuals who own, train, care for or
7 otherwise have a direct interest in horses stabled in this
8 Commonwealth for the purpose of live racing at facilities
9 licensed pursuant to the act of December 17, 1981 (P.L.435,
10 No.135), known as the Race Horse Industry Reform Act.
11 Section 3. Bill of Rights.
12 (a) Constitutional rights.--Horsemen shall be offered the
13 same protections offered all citizens by the Constitution of the
14 United States and the Constitution of Pennsylvania.
15 (b) Livelihood.--Horsemen have the right to pursue a
16 livelihood in caring for, training and racing thoroughbred
17 horses in this Commonwealth.
18 (c) Reasonable treatment.--Horsemen are entitled to expect
19 reasonable treatment from those licensed to conduct thoroughbred
20 and harness racing meets, including:
21 (1) A right to fair treatment in the awarding of stalls
22 for horses and other track privileges necessary to the
23 pursuit of their livelihood.
24 (2) A right to participate in the development of rules
25 necessary to the orderly management of racetrack facilities,
26 such as stabling, racing rules, development of a race
27 program, management of funds belonging to horsemen and
28 similar matters which bear directly on the ability to pursue
29 their livelihood.
30 (3) Access, without a fee, to all racetrack facilities,
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1 necessary to the conduct of horsemen's business.
2 (d) Waiver prohibited.--Horsemen may not be deemed to waive
3 their rights of recovery for negligent acts of others by virtue
4 of their utilization of racetrack facilities, signature or the
5 provision of horses for public racing meets.
6 (e) Private property.--Horsemen's private property at a
7 racetrack facility shall be afforded the respect it deserves and
8 not be damaged or destroyed by racetrack employees without
9 compensation.
10 (f) Privacy.--Horsemen do not forfeit a right to the
11 privacies guaranteed them by law because of the fact they are
12 licensed by the Commonwealth or because they engage in the sport
13 of horseracing in this Commonwealth.
14 (g) Protections.--Horsemen are entitled to the following
15 protections as a matter of right:
16 (1) Not to be excluded from the grounds of any racetrack
17 by track management provided they have a valid license.
18 (2) Not to be denied stalls on the grounds of race,
19 creed, political conviction or personal dislikes.
20 (3) To be free from unreasonable searches and seizures
21 as to his person, house, papers and effect.
22 (h) Rule violations.--After a horseman has been charged with
23 a violation of a rule of racing which could substantially risk
24 loss or suspension of his license, or which involves a criminal
25 penalty, he shall be entitled to the following protections as a
26 matter of right:
27 (1) To remain silent.
28 (2) To the benefit of counsel, including the opportunity
29 to confer with counsel in preparation of a defense.
30 (3) To a speedy and public hearing.
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1 (4) To present evidence and to testify in person at his
2 hearing.
3 (5) To cross examine the witnesses who testify against
4 him.
5 (6) To have prospective witnesses excluded from the
6 hearing room during the hearing.
7 (7) To a stay of penalties against him pending the
8 outcome of an appeal of his case from the State Horse Racing
9 Commission or State Harness Racing Commission.
10 (i) Waiver of rights.--Horsemen shall not be required to
11 waive their constitutional rights nor the rights granted
12 pursuant to this act as a condition of pursuing a livelihood.
13 Section 4. Enforcement.
14 (a) Regulations.--The State Horse Racing Commission and the
15 State Harness Racing Commission shall develop regulations
16 necessary to enforce the provisions of this act and shall
17 receive and act upon complaints from aggrieved horsemen.
18 (b) Penalties.--Penalties may be levied by the appropriate
19 commission with jurisdiction against all track officials and
20 other persons whose conduct is found to be in violation of this
21 act or the regulations promulgated under this act.
22 (c) Cause of action.--Nothing contained in this act shall
23 affect in any way the right of any horseman to bring a cause of
24 action in the appropriate forum for the violation of any law of
25 this Commonwealth or any rule of racing.
26 Section 5. Penalties.
27 The appropriate commission may order the dismissal,
28 suspension, fining or other suitable punishment necessary to
29 enforce the provisions of this act.
30 Section 6. Effective date.
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1 This act shall take effect immediately.
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