PRINTER'S NO. 1072
No. 934 Session of 1983
INTRODUCED BY CALTAGIRONE, KOSINSKI, VAN HORNE, KUKOVICH AND
LASHINGER, MAY 3, 1983
REFERRED TO COMMITTEE ON FINANCE, MAY 3, 1983
AN ACT
1 Creating and establishing a Racing and Wagering Board; defining
2 its powers and duties; providing for the continuation of the
3 State Horse Racing Commission and the State Harness Racing
4 Commission; prohibiting certain wagering; and authorizing
5 fixing of racing dates.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Racing and
10 Wagering Board Law.
11 Section 2. Racing and Wagering Board.
12 (a) General jurisdiction.--There is hereby created an
13 independent Racing and Wagering Board, hereafter referred to as
14 the board, which shall have general jurisdiction over all horse
15 racing activities and all pari-mutuel betting activities, both
16 on-track and off-track, in this Commonwealth and over the
17 corporations, authorities, associations and persons engaged
18 therein. All the powers, duties and functions heretofore
19 conferred by law individually on the State Horse Racing
1 Commission and the State Harness Racing Commission are hereby
2 transferred to the Racing and Wagering Board; the State Horse
3 Racing Commission and the State Harness Racing Commission shall
4 cease to have the powers, duties and functions on the effective
5 date of this act but shall continue in the form prescribed by
6 section 3. The prior acts, orders and regulations of the
7 individual commissions shall continue in effect according to
8 their existing terms and until amended, deleted, terminated,
9 cancelled or modified by the board.
10 (b) Membership.--The board shall consist of three members to
11 be appointed by the Governor by and with the advice and consent
12 of the Senate. Not more than two of the members shall belong to
13 the same political party. The Governor shall designate one of
14 the members as chairperson of the board who shall be the chief
15 executive officer of the agency and shall serve in the capacity
16 of chairperson at the pleasure of the Governor. The chairperson
17 and members shall not hold any other public office or public
18 employment for which they shall receive compensation other than
19 necessary travel or other expenses incurred in the performance
20 of the duties of the office or employment or engage in any
21 private employment or in a profession or business, but holding
22 stock or office in a corporation which does not interfere or
23 conflict with the performance or proper discharge of duties in
24 the public interest shall not be deemed engagement in private
25 employment or a profession.
26 (c) Terms of office.--The members of the board first
27 appointed shall hold office for terms to expire on February 1,
28 1985, February 1, 1987 and February 1, 1989, respectively.
29 Thereafter, each of their successors shall hold office for a
30 term of six years; but in the event of a vacancy occurring in
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1 the office of a member by death, resignation or otherwise, the
2 successor shall hold office for the unexpired term.
3 (d) Removal.--The Governor may remove any member for
4 inefficiency, neglect of duty or misconduct in office after
5 giving the copy of the charges, and an opportunity of being
6 heard in person or by counsel, upon not less than ten days'
7 notice. If the member shall be removed, the Governor shall file
8 in the Department of State a complete statement of charges made
9 against the member and his findings thereon, together with a
10 complete record of the proceeding.
11 (e) Salary and expenses.--Each member shall receive a salary
12 within the amounts appropriated therefor and shall be paid
13 actual and necessary expenses incurred in the performance of
14 official duties.
15 (f) Quorum.--Two members of the board shall constitute a
16 quorum for the purpose of conducting business.
17 (g) Restrictions.--No member, officer, official or employee
18 of the board shall participate as owner of a horse or otherwise
19 as a contestant in any horse race at a race meeting which is
20 under the jurisdiction or suspension of the board or have any
21 pecuniary interest, direct or indirect, in the purse, prize,
22 premium or stake contested for at a horse race or in the
23 operations of any licensee or franchisee of the board.
24 Participation as a contestant in a horse race by a member,
25 officer, other official or employee of the board in violation of
26 this subsection shall terminate the term of his office as a
27 member or his services as an officer, official or employee of
28 the board.
29 (h) Employees.--The chairperson of the board shall appoint
30 deputies, a secretary, officers, representatives and counsel as
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1 the board may deem necessary, who shall serve at the pleasure of
2 the chairperson, and shall also appoint such employees as the
3 board may deem necessary, whose duties shall be prescribed by
4 the board and whose compensation shall be fixed by the board
5 within the appropriations available therefor. It shall be the
6 duty of the secretary to keep a full and faithful record of the
7 proceedings of the board; preserve at the general office of the
8 board all books, maps, documents and papers entrusted to the
9 care of the secretary; prepare for service papers and notices as
10 may be required by the board; and perform other duties as the
11 board may prescribe.
12 (i) Investigations; powers.--Each member of the board and
13 officers, employees or agents of the board as may be designated
14 by the board shall have the power to administer oaths and
15 examine witnesses and may issue subpoenas to compel attendance
16 of witnesses and the production of all relevant and material
17 reports, books, papers, documents, correspondence and other
18 evidence.
19 (j) Consultants.--The board may retain and employ private
20 consultants and agencies on a contract basis for rendering
21 assistance and advice for the performance of its duties.
22 (k) Annual report.--The board shall, annually, make a full
23 report to the Governor of its proceedings for the preceding
24 calendar year and suggestions and recommendations as it shall
25 deem desirable.
26 Section 3. Construction of other terms.
27 Unless the context clearly indicates otherwise, the terms
28 "State Horse Racing Commission" and "State Harness Racing
29 Commission," whenever occurring in a statute or regulation or in
30 official books, records, instruments, rules or papers shall,
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1 after the effective date of this act, mean the Racing and
2 Wagering Board established in this act.
3 Section 4. Commissions continued.
4 In order to provide the board with assistance and advice
5 concerning horse racing and pari-mutuel wagering, the State
6 Horse Racing Commission and the State Harness Racing Commission
7 are hereby reconstituted as follows:
8 (1) Each commission shall consist of three members
9 appointed by the Governor by and with the advice and consent
10 of the Senate. No more than two appointees shall be members
11 of the same political party. The Governor shall designate a
12 chairperson of each commission from among its members.
13 (2) Of the three members first appointed to each
14 commission, one shall be appointed for two years, one for
15 four years and one for six years from February 1 next
16 succeeding the date of their appointments. Their successors
17 shall be appointed for terms of six years except that, in the
18 event of a vacancy occurring by death, resignation or
19 otherwise, a successor shall hold office for the unexpired
20 term.
21 (3) The Governor may remove any commission member in the
22 same manner as provided by section 2(d).
23 (4) The chairperson of each commission shall receive an
24 annual salary within the amount appropriated therefor. The
25 other members shall receive a per diem allowance to be fixed
26 by the Governor, within the amount appropriated therefor, for
27 each day actually spent in the performance of their duties.
28 The chairperson and other members shall receive actual and
29 necessary expenses incurred by them in the performance of
30 their duties. Neither the chairperson nor the other members
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1 shall hold any other public office or public employment for
2 which they shall receive compensation other than necessary
3 travel or other expenses incurred in the performance of the
4 duties of the other office or employment. They may engage in
5 private employment or in a profession or business if the
6 private employment, profession or business does not interfere
7 with the performance of their duties as commissioners.
8 (5) Each commission shall provide the board with an
9 annual report consisting of its observations and
10 recommendations pertaining to racing and wagering or to
11 lottery activities, as the case may be, with particular
12 emphasis on its special area of expertise. Each commission
13 may, from time to time, make any other recommendations or
14 propose to the board any rules applicable to its area of
15 concern. Each commission may visit and inspect any racing or
16 wagering facility or lottery sales facility, as the case may
17 be, and shall provide expertise and supplementary services as
18 the board may require.
19 (6) The State Horse Racing Commission and the State
20 Harness Racing Commission shall have the powers, functions
21 and duties with respect to the respective horse breeding
22 funds prescribed by the act of December 17, 1981 (P.L.435,
23 No.135), known as the Race Horse Industry Reform Act.
24 (7) The commissions may each appoint a secretary and
25 such clerical employees as may be necessary.
26 Section 5. Prohibition of wagering by certain officials,
27 employees and minors.
28 No member, secretary, deputy, officer, representative,
29 employee or counsel of the board shall wager either upon the
30 outcome of any horse race conducted at a track at which pari-
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1 mutuel betting is conducted by any licensee or franchisee of the
2 board, or upon the State Lottery. No association or authority
3 which is licensed or franchised by the board shall permit any
4 person who is actually and apparently under 18 years of age to
5 bet on a horse race conducted by it, nor shall that person be
6 permitted to bet at an establishment of a regional authority
7 conducting off-track betting.
8 Section 6. Supplementary regulatory powers of the board.
9 The board, through its rules and regulations or in allotting
10 dates for racing or in licensing race meetings at which pari-
11 mutuel betting is permitted, shall be empowered to:
12 (1) Permit racing at which pari-mutuel betting is
13 conducted on all dates, except December 25, Palm Sunday and
14 Easter Sunday.
15 (2) Fix minimum and maximum charges for admission at any
16 race meeting.
17 Section 7. Effective date.
18 This act shall take effect in 60 days.
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