PRIOR PRINTER'S NOS. 979, 3394 PRINTER'S NO. 3569
No. 861 Session of 1975
INTRODUCED BY MESSRS. ENGLEHART, PIEVSKY, DORR AND KELLY,
MARCH 19, 1975
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 22, 1976
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," increasing the number <--
12 of racing days; changing a penalty; changing the rate of tax;
13 providing for exotic wagers and further providing for its
14 disposition.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 5, SECTION 10.1, act of December 22, 1959 <--
18 (P.L.1978, No.728), entitled, as amended, "An act providing for
19 and regulating harness racing with pari-mutuel wagering on the
20 results thereof; creating the State Harness Racing Commission as
21 a departmental administrative commission within the Department
22 of Agriculture and defining its powers and duties; providing for
23 the establishment and operation of harness racing plants subject
1 to local option; imposing taxes on revenues of such plants;
2 disposing of all moneys received by the commission and all
3 moneys collected from the taxes; authorizing penalties; and
4 making appropriations," amended January 3, 1973 (1972 P.L.1737, <--
5 No.374), ADDED JULY 31, 1968 (P.L.856, NO.253), is amended to <--
6 read:
7 Section 5. Pari-mutuel Betting at Harness Races.--No more <--
8 than five corporations shall be licensed by the State Harness
9 Racing Commission in any one year to conduct a pari-mutuel meet
10 or meets. No corporation shall be licensed to conduct harness
11 racing for more than [one hundred] one hundred fifty days in any
12 calendar year. Said pari-mutuel betting conducted at such
13 meeting shall be under the general supervision and control of
14 the State Harness Racing Commission which shall make rules
15 regulating the conduct of such pari-mutuel betting in accordance
16 with the provisions of this act. The Department of Revenue is
17 charged with the financial administration of pari-mutuel betting
18 as prescribed in this act and as supplemented by the rules and
19 regulations of the State Harness Racing Commission. The
20 Department of Revenue shall have authority to prescribe the
21 forms and the system of accounting to be employed, and through
22 its representatives shall, at all times, have power of access
23 to, and examination of, any equipment relating to such betting.
24 Section 2. Section 10.1 of the act, added July 31, 1968
25 (P.L.856, No.253), is amended to read:
26 Section 10.1. Security Personnel; Powers and Duties.--The
27 State Harness Racing Commission and any association licensed by
28 the commission is hereby authorized and empowered to employ
29 persons as security personnel. These persons shall possess the
30 powers and duties of a peace officer with respect to the
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1 enforcement of the criminal laws of the Commonwealth within the
2 race meeting grounds or enclosure. Such designated persons are
3 also authorized and empowered to interrogate and eject from the
4 race meeting grounds or enclosure any persons suspected of
5 violating any rule or regulation promulgated by the State
6 Harness Racing Commission. The State Harness Racing Commission
7 and any association licensed by the commission may refuse
8 admission to and eject from enclosure of the race track operated
9 by any association, any person whose presence there is, in the
10 sole judgment of the association or commission, inconsistent
11 with the orderly or proper conduct of a race meeting or whose
12 presence or conduct is deemed detrimental to the best interest
13 of harness racing. A person so refused admission or so ejected
14 shall have all rights of appeal provided for under this act. A
15 licensee may not refuse admission to or eject a law enforcement
16 official. A person found within a race track enclosure after
17 having been refused admission thereto or ejected therefrom shall
18 [be guilty of a misdemeanor and] upon conviction thereof [shall]
19 in a summary proceeding be sentenced to pay a fine not exceeding
20 [one thousand dollars ($1000)] two hundred dollars ($200) or
21 undergo imprisonment for a term not exceeding [six months,]
22 thirty days, or both.
23 Section 3 2. The introductory paragraph and clause (1) of <--
24 section 15 of the act, amended December 30, 1974 (P.L.1139,
25 No.364), is amended and a clause is added to read: <--
26 Section 15. Disposition of Pari-mutuel Polls.--Every
27 corporation authorized under this act to conduct pari-mutuel
28 betting at a harness horse race meeting on races run thereat
29 shall distribute all sums deposited in any pari-mutuel pool to
30 the holders of winning tickets therein, provided such tickets be
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1 presented for payment before April first of the year following
2 the year of their purchase, less seventeen per centum of the
3 total deposits plus the breaks from regular wagers and less
4 twenty-five per centum of the total deposits plus the breaks
5 from exotic wagers. ONE DESIGNATED EXOTIC WAGERING EVENT PER <--
6 RACING DAY. For the purposes of this act exotic wagers shall
7 mean those in which the bettor selects more than two horses in
8 ONE OR MORE RACES IN a single wager. <--
9 (1) At the close of each of the first one hundred racing
10 days any permit holder shall be licensed to conduct harness
11 racing in any calendar year within any school districts of the
12 first class, the permit holder out of the amount retained from
13 regular and exotic wagers on said day by said permit holder,
14 shall pay, through the Department of Revenue into the State
15 Treasury for credit to the State Harness Racing Fund, a tax of
16 [one and one-half] one and one-quarter per centum of the amount
17 wagered each day. From the tax one-half of one per centum of the
18 amount wagered each day shall be allocated to the Pennsylvania
19 Sire Stakes Fund in accordance with section 25, which tax is
20 hereby imposed, and the permit holder shall pay the school
21 district in which the harness horse race meeting is held a tax
22 of four per centum from regular and exotic wagers of the amount
23 wagered each day, which tax is hereby imposed for general school
24 purposes and as to other permit holders, the permit holder
25 during any year, out of the amount retained from regular and
26 exotic wagers on said day by said permit holder shall pay,
27 through the Department of Revenue into the State Treasury for
28 credit to the State Harness Racing Fund a tax of [five and one-
29 half] five and one-quarter per centum of the amount wagered each
30 day which tax is hereby imposed. From the tax one-half of one
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1 per centum of the amount wagered each day shall be allocated to
2 the Pennsylvania Sire Stakes Fund in accordance with section 25.
3 As to exotic wagers, any permit holder out of the amount
4 retained FROM ONE DESIGNATED EXOTIC WAGERING EVENT on said day <--
5 by said permit holder shall pay, through the Department of
6 Revenue into the State Treasury for credit to the State Harness
7 Racing Fund a further tax of five per centum of the exotic
8 wagering amount each day which tax is hereby imposed. From the <--
9 THIS FURTHER tax three per centum of the exotic wagering amount <--
10 each day shall be allocated to the Pennsylvania Sire Stakes Fund
11 in accordance with section 25.
12 * * *
13 (3) At the close of each of the one hundred first through <--
14 the one hundred fiftieth racing day any permit holder shall be
15 licensed to conduct a harness horse race meeting in any calendar
16 year the permit holder from the amount retained from regular and
17 exotic wagers each day shall pay through the Department of
18 Revenue into the State Treasury for credit to the State Harness
19 Racing Fund a tax of four and three-quarters per centum of the
20 amount wagered each day. From the tax, three-quarters of one per
21 centum of the amount wagered each day shall be allocated to the
22 Pennsylvania Sire Stakes Fund in accordance with section 25,
23 which tax is hereby imposed. As to exotic wagers, any permit
24 holder out of the amount retained on said day by said permit
25 holder shall pay, through the Department of Revenue into the
26 State Treasury for credit to the State Harness Racing Fund a
27 further tax of five per centum of the exotic wagering amount
28 each day which tax is hereby imposed. From the tax three per
29 centum of the exotic wagering amount each day shall be allocated
30 to the Pennsylvania Sire Stakes Fund in accordance with section
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1 25.
2 Section 4 3. Subsection (a.1) and clause (3) of subsection <--
3 (d) of section 16 of the act, amended ADDED December 30, 1974 <--
4 (P.L.1139, No.364), are IS amended to read: <--
5 Section 16. Disposition and Appropriation of Funds Accruing
6 under the Provisions of this Act.--* * *
7 (a.1) [Thirty-six and one-third] Thirty-eight per centum of
8 such moneys paid into the State Harness Racing Fund by permit
9 holders conducting racing other than in school districts of the
10 first class for the first one hundred days shall be paid to the
11 Department of Commerce. Moneys paid to the Department of
12 Commerce are hereby appropriated for distribution by the
13 Secretary of Commerce to eligible boroughs having a population
14 of less than ten thousand, eligible townships having a
15 population of less than twelve thousand, each of their
16 municipality authorities, or county authorities authorized to
17 service the borough or township, for projects providing for the
18 construction, rehabilitation, alteration, expansion, or
19 improvement of water facilities, sewage disposal facilities and
20 access roads, in amounts not to exceed twenty-five per centum of
21 the cost thereof, in accordance with regulations promulgated by
22 the Secretary of Commerce and approved by the Governor. No
23 distribution shall be made in connection with any project unless
24 it is determined that the project:
25 (1) Is not in conflict with programs of other departments of
26 the Commonwealth;
27 (2) Is not inconsistent with an existing development plan
28 for the municipality;
29 (3) Could not otherwise be financed;
30 (4) Will either strengthen the income-producing capability
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1 of the municipality, or improve the health and safety of the
2 community; and
3 (5) Is necessary to orderly community development.
4 * * *
5 (d) The balance of said moneys shall be paid into a fund <--
6 known as the Pennsylvania Fair Fund. Moneys in the Pennsylvania
7 Fair Fund are hereby appropriated to the Department of
8 Agriculture and shall be distributed by the Secretary of
9 Agriculture, annually, on or before the first day of March
10 beginning with the year 1968, as follows:
11 * * *
12 (3) For reimbursement for each county agricultural society
13 and independent agricultural society conducting races for two
14 and three-year-old colts and fillies, at their annual fair on
15 which a maximum of [seven hundred dollars ($700)] six thousand
16 dollars ($6,000) was paid [for each such race but not more than
17 fifty-six hundred dollars ($5,600)] for not more than eight such
18 races annually. Entrance fees collected for each such race shall
19 not be included when computing the amount distributed by the
20 Secretary of Agriculture under this subsection.
21 * * *
22 Section 6 4. This act shall take effect immediately. <--
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