SENATE AMENDED
        PRIOR PRINTER'S NOS. 1365, 2699, 2864,        PRINTER'S NO. 3383
        3326

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1177 Session of 1983


        INTRODUCED BY SEVENTY, PISTELLA, MURPHY, DeLUCA, CAPPABIANCA,
           DUFFY, VAN HORNE, OLASZ, McVERRY, DAWIDA, PETRONE, COLE,
           DAVIES AND TRELLO, JUNE 7, 1983

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 28, 1984

                                     AN ACT

     1  Amending the act of December 17, 1981 (P.L.435, No.135),
     2     entitled "An act providing for the regulation of pari-mutuel
     3     thoroughbred horse racing and harness horse racing
     4     activities; imposing certain taxes and providing for the
     5     disposition of funds from pari-mutuel tickets," PROVIDING FOR  <--
     6     CERTAIN SIMULCASTING OF HORSE RACES; DEFINING OWNERSHIP
     7     INTEREST SUBJECT TO REGULATION; AND providing for monitoring   <--
     8     of wagering on video screens. RESTRICTING THE POWER OF THE     <--
     9     COMMISSION RELATING TO NIGHT RACING; FURTHER REGULATING
    10     INTERSTATE SIMULCASTING OF HORSE RACES; PLACING CERTAIN        <--
    11     LIMITATIONS ON THE TELEVISING OF HORSE RACES; AND PROVIDING
    12     ADDITIONAL RACING DATES UNDER CERTAIN CIRCUMSTANCES. AND
    13     FURTHER PROVIDING FOR THE CONDUCT OF WAGERING.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  The SECTIONS 204 AND 210 SECTION 204 OF THE act    <--
    17  of December 17, 1981 (P.L.435, No.135), known as the Race Horse
    18  Industry Reform Act, is amended by adding a section ARE IS        <--
    19  AMENDED to read:
    20  SECTION 204.  FILING OF INFORMATION CONCERNING STOCK TRANSFERS;   <--
    21                 NECESSITY FOR COMMISSIONS' APPROVAL.
    22     (A)  WHENEVER A TRANSFER OF STOCK [OF] COMPRISING AN INTEREST

     1  OF 5% OR MORE IN ANY LICENSED CORPORATION [OR OF], ANY
     2  CORPORATION WHICH LEASES TO A LICENSED CORPORATION THE TRACK
     3  FACILITY AT WHICH IT CONDUCTS PARI-MUTUEL HORSE RACES OR ANY
     4  CORPORATION WHICH OWNS 25% OR MORE OF THE STOCK OF THE LICENSED
     5  CORPORATION SHALL BE MADE, THERE SHALL BE FILED, SIMULTANEOUSLY,
     6  WITH THE CORPORATION WHICH ISSUED SUCH STOCK THE FOLLOWING:
     7         (1)  IN DUPLICATE, AN AFFIDAVIT EXECUTED BY THE
     8     TRANSFEREE OF THE INTEREST STATING THAT HE IS TO BE THE SOLE
     9     BENEFICIAL OWNER THEREOF, AND WHETHER OR NOT HE:
    10             (I)  HAS BEEN CONVICTED OF A CRIME INVOLVING MORAL
    11         TURPITUDE;
    12             (II)  HAS BEEN ENGAGED IN BOOKMAKING OR OTHER FORMS
    13         OF ILLEGAL GAMBLING;
    14             (III)  HAS BEEN FOUND GUILTY OF ANY FRAUD OR
    15         MISREPRESENTATION IN CONNECTION WITH RACING OR BREEDING;
    16             (IV)  HAS BEEN GUILTY OF ANY VIOLATION OR ATTEMPT TO
    17         VIOLATE ANY LAW, RULE OR REGULATION OF ANY RACING
    18         JURISDICTION, FOR WHICH SUSPENSION FROM RACING MIGHT BE
    19         IMPOSED IN SUCH JURISDICTION; OR
    20             (V)  HAS VIOLATED ANY RULE, REGULATION OR ORDER OF
    21         THE COMMISSIONS.
    22     IF THE TRANSFEREE OF THE INTEREST IS NOT, OR IS NOT TO BE,
    23     THE SOLE BENEFICIAL OWNER, THERE SHALL BE ANNEXED TO THE
    24     AFFIDAVIT OF THE TRANSFEREE, AND EXPRESSLY STATED IN SUCH
    25     AFFIDAVIT, A TRUE AND COMPLETE COPY OF ALL TERMS OF THE
    26     AGREEMENT PURSUANT TO WHICH THE [STOCK] INTEREST IN THE
    27     CORPORATION IS TO BE HELD BY THE TRANSFEREE, INCLUDING A
    28     DETAILED STATEMENT OF THE INTEREST OF EACH PERSON WHO IS TO
    29     HAVE ANY INTEREST THEREIN.
    30         (2)  IN DUPLICATE, AN AFFIDAVIT EXECUTED BY EACH PERSON
    19830H1177B3383                  - 2 -

     1     FOR WHOM THE [STOCK, OR ANY] INTEREST [THEREIN,] IS TO BE
     2     HELD BY THE TRANSFEREE, SETTING FORTH WHETHER OR NOT THE
     3     AFFIANT:
     4             (I)  HAS BEEN CONVICTED OF A CRIME INVOLVING MORAL
     5         TURPITUDE;
     6             (II)  HAS ENGAGED IN BOOKMAKING OR OTHER FORMS OF
     7         ILLEGAL GAMBLING;
     8             (III)  HAS BEEN FOUND GUILTY OF ANY FRAUD OR
     9         MISREPRESENTATION IN CONNECTION WITH RACING OR BREEDING;
    10             (IV)  HAS BEEN GUILTY OF ANY VIOLATION OR ATTEMPT TO
    11         VIOLATE ANY LAW, RULE OR REGULATION OF ANY RACING
    12         JURISDICTION, FOR WHICH SUSPENSION FROM RACING MIGHT BE
    13         IMPOSED IN SUCH JURISDICTION; OR
    14             (V)  HAS VIOLATED ANY RULE, REGULATION OR ORDER OF
    15         THE COMMISSIONS.
    16     TO EACH OF THE AFFIDAVITS SHALL BE ANNEXED, AND EXPRESSLY
    17     STATED IN SUCH AFFIDAVIT, A TRUE AND COMPLETE COPY OF ALL THE
    18     TERMS OF THE AGREEMENT PURSUANT TO WHICH [STOCK] THE INTEREST
    19     IS TO BE HELD BY THE TRANSFEREE, INCLUDING A DETAILED
    20     STATEMENT OF THE INTEREST OF EACH PERSON WHO IS TO HAVE ANY
    21     INTEREST THEREIN. THE CORPORATION SHALL FILE WITH THE
    22     APPROPRIATE COMMISSION ONE OF EACH DUPLICATE AFFIDAVITS.
    23     (B)  IF, AFTER THE FILING OF ANY AFFIDAVIT REQUIRED TO BE
    24  FILED, THERE SHALL BE ANY CHANGE IN THE STATUS OF ANY AFFIANT
    25  WITH RESPECT TO ANY OF THE MATTERS SET FORTH IN SUBSECTION
    26  (A)(1) OF THE AFFIDAVIT FILED, THE AFFIANT SHALL FILE WITH THE
    27  CORPORATION WITH WHICH HIS AFFIDAVIT WAS SO FILED A NEW
    28  AFFIDAVIT, EXECUTED BY HIM IN DUPLICATE, SETTING FORTH THE
    29  CHANGE OF STATUS AND THE CORPORATION SHALL FILE ONE OF THESE
    30  AFFIDAVITS WITH THE APPROPRIATE COMMISSION.
    19830H1177B3383                  - 3 -

     1     (C)  WHENEVER ANY CHANGE SHALL BE MADE IN THE AMOUNT, NATURE
     2  OR OF THE INTEREST OF ANY PERSON HAVING AN INTEREST OF 5% OR
     3  MORE IN [STOCK OF] ANY CORPORATION, OR ANY NEW INTEREST OF 5% OR
     4  MORE SHALL BE CREATED THEREIN, WITHOUT A TRANSFER AS PROVIDED,
     5  THE RECORD OWNER OF THE STOCK, AND EACH PERSON WHOSE INTEREST
     6  HAS BEEN ATTEMPTED TO BE CHANGED OR CREATED, SHALL FILE WITH THE
     7  CORPORATION WHICH ISSUED THE STOCK, IN DUPLICATE, AFFIDAVITS AS
     8  PROVIDED BY SUBSECTION (A)(1) AND (2), EXCEPT THAT THESE
     9  AFFIDAVITS NEED NOT INCLUDE THE MATTER REFERRED TO IN SUBSECTION
    10  (A) UNLESS THEN REQUIRED PURSUANT TO SUBSECTION (B) AND ONE COPY
    11  THEREOF SHALL BE FILED BY THE CORPORATION WITH THE APPROPRIATE
    12  COMMISSION.
    13     (D)  IF THE APPROPRIATE COMMISSION DETERMINES THAT IT IS
    14  INCONSISTENT WITH THE PUBLIC INTEREST, CONVENIENCE, OR
    15  NECESSITY, OR WITH THE BEST INTEREST OF RACING GENERALLY, THAT
    16  ANY PERSON HAVING AN INTEREST OF 5% OR MORE CONTINUE TO BE A      <--
    17  STOCKHOLDER OF RECORD, OR THE BENEFICIAL OWNER OF [ANY] THAT      <--
    18  INTEREST IN STOCK STANDING IN THE NAME OF ANOTHER IN ANY
    19  LICENSED CORPORATION OR OF ANY CORPORATION WHICH LEASES TO SUCH
    20  LICENSED CORPORATION THE TRACK AT WHICH IT CONDUCTS PARI-MUTUEL
    21  HORSE RACING OR WHICH OWNED 25% OR MORE OF THE STOCK OF THE
    22  LICENSEE, THE APPROPRIATE COMMISSION SHALL HAVE FULL POWER AND
    23  AUTHORITY TO ORDER EACH SUCH STOCKHOLDER OR BENEFICIAL OWNER TO   <--
    24  DISPOSE OF HIS STOCK OR INTEREST WITHIN A PERIOD OF TIME TO BE
    25  SPECIFIED BY THE APPROPRIATE COMMISSION, WHICH PERIOD THE
    26  APPROPRIATE COMMISSION SHALL HAVE FULL POWER TO EXTEND.
    27     (E)  IF THE COMMISSIONS SHALL MAKE ANY ORDER OR DIRECTION AS
    28  PROVIDED IN SUBSECTION (D), THE PERSON AGGRIEVED SHALL BE GIVEN
    29  NOTICE OF THE TIME AND PLACE OF A HEARING BEFORE THE APPROPRIATE
    30  COMMISSION, AT WHICH TIME THE APPROPRIATE COMMISSION WILL HEAR
    19830H1177B3383                  - 4 -

     1  THE PERSON IN REFERENCE THERETO.
     2     SECTION 2.  SECTION 207 OF THE ACT IS AMENDED BY ADDING A      <--
     3  SUBSECTION TO READ:
     4  SECTION 207.  ALLOCATION OF RACING DAYS.
     5     * * *
     6     (E)  AFTER JULY 1, 1984 JUNE 28, 1984, THE COMMISSION SHALL    <--
     7  NOT HAVE THE POWER TO EXTEND THE PRIVILEGE OF NIGHT RACING TO
     8  ANY LICENSED CORPORATION WHICH DID NOT HAVE THE AUTHORITY TO
     9  CONDUCT NIGHT RACING PRIOR TO JULY 1, 1984 JUNE 28, 1984.         <--
    10     SECTION 3.  SECTIONS 210 AND 216 OF THE ACT ARE AMENDED TO
    11  READ:
    12  SECTION 210.  SHAREHOLDERS.
    13     (A)  EACH LICENSED CORPORATION SHALL, ONCE A YEAR, PROVIDE
    14  THE APPROPRIATE COMMISSION WITH A COMPLETE LIST OF ALL ITS
    15  SHAREHOLDERS HAVING AN INTEREST OF 5% OR MORE IN THE              <--
    16  CORPORATION, INDICATING THE NUMBER OF SHARES BY EACH LISTED       <--
    17  SHAREHOLDER.
    18     (B)  IT SHALL BE THE DUTY OF EACH LICENSED CORPORATION WITHIN
    19  TEN DAYS AFTER ANY TRANSFER OF STOCK COMPRISING AN INTEREST OF
    20  5% OR MORE IN SUCH LICENSEE, TO NOTIFY THE APPROPRIATE
    21  COMMISSION OF THE TRANSFER.
    22     (C)  EACH CERTIFICATE OF STOCK ISSUED BY A LICENSED
    23  CORPORATION TO A SHAREHOLDER HAVING AN INTEREST OF 5% OR MORE IN  <--
    24  THE CORPORATION A 5% OR GREATER INTEREST SHALL HAVE NOTED ON THE  <--
    25  FACE THEREOF THAT THE PERSON WHOSE NAME IS INDICATED AS THE
    26  OWNER OF [THE] SUCH SHARES OF STOCK BY THE CERTIFICATE IS THE     <--
    27  SOLE AND ABSOLUTE OWNER, AND THAT HE IS NOT HOLDING [THE] SUCH    <--
    28  SHARES OF STOCK OR ANY PORTION OF [THE] SUCH SHARES OF STOCK      <--
    29  REPRESENTED BY THE CERTIFICATE IN TRUST FOR ANY PERSON,
    30  PARTNERSHIP, FIRM OR CORPORATION WHO OR WHICH IS PROHIBITED FROM
    19830H1177B3383                  - 5 -

     1  OWNING [THE] SUCH SHARES OF STOCK. IF ANY OF [THE] SUCH SHARES    <--
     2  OF STOCK REPRESENTED BY A CERTIFICATE OF STOCK ARE HELD SUBJECT
     3  TO THE TERMS OF EITHER AN INTER VIVOS OR TESTAMENTARY TRUST FOR
     4  THE BENEFIT OF ANY PERSON WHO COULD LAWFULLY OWN SUCH STOCK IN
     5  HIS OWN NAME, THE FACT SHALL BE NOTED ON THE FACE OF THE
     6  CERTIFICATE AND A COPY OF THE INSTRUMENT WHICH CREATED THE TRUST
     7  SHALL BE ATTACHED. A DUPLICATE COPY OF THE INSTRUMENT WHICH
     8  CREATED THE TRUST SHALL BE FILED WITH THE APPROPRIATE
     9  COMMISSION.
    10     (D)  NO PROPERTY RIGHTS SHALL EXIST IN ANY SHARES OF STOCK OF
    11  ANY LICENSED CORPORATION ISSUED TO A SHAREHOLDER HAVING AN        <--
    12  INTEREST OF 5% OR MORE IN THE CORPORATION WHICH SHARES WHICH ARE  <--
    13  HELD IN TRUST CONTRARY TO THE PROVISIONS OF THIS SECTION AND THE
    14  SAME SHALL BE FORFEITED TO THE COMMONWEALTH AFTER REASONABLE
    15  NOTICE AND UPON HEARING AND PROOF THEREOF IN ANY SUIT INSTITUTED
    16  BY THE ATTORNEY GENERAL OF PENNSYLVANIA. UPON IT BEING
    17  ESTABLISHED THAT THE STOCK IS SUBJECT TO FORFEITURE BY LEGAL
    18  ADJUDICATION, THE APPROPRIATE COMMISSION SHALL SELL THE
    19  FORFEITED STOCK AT PUBLIC SALE, UPON PROPER NOTICE, TO THE
    20  HIGHEST BIDDER. THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED IN
    21  THE GENERAL FUND OF THE COMMONWEALTH OF PENNSYLVANIA.
    22     (E)  AS USED IN THIS SECTION, THE TERM "LICENSED CORPORATION"
    23  SHALL INCLUDE ANY LICENSED CORPORATION AS DEFINED IN SECTION 102
    24  AND ALSO ANY FIRM, ASSOCIATION OR CORPORATION WHICH OWNS OR
    25  LEASES TO ANY LICENSED ASSOCIATION OR CORPORATION A RACE TRACK
    26  AT WHICH PARI-MUTUEL RACING IS CONDUCTED, OR ANY FIRM,
    27  ASSOCIATION OR CORPORATION WHICH PARTICIPATES IN THE MANAGEMENT
    28  OF ANY SUCH LICENSED CORPORATION.
    29     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION SECTIONS    <--
    30  to read:
    19830H1177B3383                  - 6 -

     1  Section 233.  Monitoring of wagering on video screens.
     2     Every corporation licensed to conduct pari-mutuel betting
     3  shall display on video screens the approximate odds or
     4  approximate will pays on each horse for each race as well as any
     5  combination of races including, but not limited to, quinellas,
     6  exactas, perfectas and any other combination or pool of races.
     7  NO DISPLAY OF APPROXIMATE ODDS OR APPROXIMATE WILL PAYS SHALL BE  <--
     8  REQUIRED WHERE THE WAGER IS ON HORSES IN FOUR OR MORE RACES,
     9  SUCH AS "PICK 4, PICK 5 OR PICK 6." In addition to displaying
    10  the amount of money wagered, the approximate odds or approximate
    11  will pays on each horse or combination of horses shall be shown
    12  on video screens IN EACH WAGERING DIVISION. For trifectas, in     <--
    13  lieu of odds or approximate will pays, the amount of money being
    14  wagered on each horse to win in the trifecta pool shall be
    15  displayed on video screens separately from any other
    16  information. The above required information shall be displayed
    17  from the opening of bets or wagering and be continually
    18  displayed until the wagering is closed. At least one video
    19  screen in each wagering division shall display the amount of
    20  money wagered on each horse involved in any trifecta pool.
    21  SECTION 234.  EXPERIMENTAL SIMULCASTINGS.                         <--
    22     THE STATE HARNESS RACING COMMISSION MAY, UPON REQUEST FROM A
    23  LICENSED CORPORATION, GRANT PERMISSION ON AN EXPERIMENTAL BASIS
    24  TO A FACILITY WHICH CONDUCTED LESS THAN 80 DAYS OF RACING PER
    25  YEAR TO SIMULCAST INTRASTATE RACING. THE PERIOD OF EXPERIMENTAL
    26  SIMULCASTING SHALL BE THROUGH NOVEMBER, 1984. SUCH SIMULCASTS
    27  ARE TO BE OPERATED BY THE LICENSED CORPORATION AT THE RACE TRACK
    28  ENCLOSURE WHERE A HORSE RACE MEETING IS BEING CONDUCTED DURING,
    29  BETWEEN, BEFORE OR AFTER POSTED RACES FOR THAT RACING DAY. ALL
    30  FORMS OF PARI-MUTUEL WAGERING AS DESCRIBED UNDER SECTION 221
    19830H1177B3383                  - 7 -

     1  SHALL BE ALLOWED ON HORSE RACES TO BE TELEVISED BY SIMULCASTING.
     2  THE STATE HARNESS RACING COMMISSION MAY PROMULGATE RULES OR
     3  REGULATIONS TO REGULATE THE WAGERING AND THE OPERATION OF THESE
     4  HORSE RACES. ALL MONEYS WAGERED BY PATRONS ON THESE HORSE RACES
     5  SHALL BE COMPUTED IN THE AMOUNT OF MONEY WAGERED EACH RACING DAY
     6  FOR PURPOSES OF TAXATION UNDER SECTION 222.
     7     SECTION 3.  (A)  SECTION 1 SHALL TAKE EFFECT IMMEDIATELY.      <--
     8     (B)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
     9  SECTION 216.  INTERSTATE SIMULCASTINGS OF HORSE RACES.
    10     EACH COMMISSION MAY, UPON REQUEST BY ANY LICENSED
    11  CORPORATION, GRANT PERMISSION FOR ELECTRONICALLY TELEVISED
    12  SIMULCASTS OF HORSE RACES TO BE OPERATED BY THE LICENSED
    13  CORPORATION AT THE RACE TRACK ENCLOSURE WHERE A HORSE RACE
    14  MEETING IS BEING CONDUCTED DURING, BETWEEN, BEFORE OR AFTER
    15  POSTED RACES FOR THAT RACING DAY. THE POSTED RACES FOR THAT
    16  RACING DAY SHALL INCLUDE A MINIMUM OF EIGHT LIVE RACES, EXCEPT,
    17  AT THOROUGHBRED TRACKS ON THE ONE DAY DESIGNATED AS BREEDERS'
    18  CUP EVENT DAY, THERE SHALL BE A MINIMUM OF FIVE LIVE RACES. THE
    19  SIMULCASTS SHALL BE LIMITED TO HORSE RACES CONDUCTED AT
    20  FACILITIES OUTSIDE THIS COMMONWEALTH AND TELEVISED TO RACE TRACK
    21  ENCLOSURES WITHIN THIS COMMONWEALTH. THE SIMULCASTS SHALL ALSO
    22  BE LIMITED TO THOROUGHBRED RACES DESIGNATED AS GRADE I STAKES,
    23  OR THE INTERNATIONAL EQUIVALENT THERETO, WITH PURSES OF AT LEAST
    24  $100,000, AND STANDARD BRED RACES WITH PURSES OF AT LEAST
    25  $100,000. CROSS SIMULCASTING OF THE AFOREMENTIONED RACES SHALL
    26  BE PERMITTED AS LONG AS THE PARTICULAR RACE IS AVAILABLE TO ALL
    27  RACE TRACKS IN THE COMMONWEALTH WHICH ARE OPERATING LIVE RACING
    28  THAT DAY. ALL SIMULCASTS OF HORSE RACES FROM OUTSIDE THIS
    29  COMMONWEALTH SHALL ALSO COMPLY WITH THE PROVISIONS OF THE
    30  INTERSTATE HORSE RACING ACT OF 1978, 92 STAT. 1811, 15 USC 3001
    19830H1177B3383                  - 8 -

     1  ET SEQ. ALL FORMS OF PARI-MUTUEL WAGERING AS DESCRIBED UNDER
     2  SECTION 221 SHALL BE ALLOWED ON HORSE RACES TO BE TELEVISED BY
     3  SIMULCASTING. EACH COMMISSION MAY PROMULGATE RULES OR
     4  REGULATIONS TO REGULATE THE WAGERING AND THE OPERATION OF THESE
     5  HORSE RACES. ALL MONEYS WAGERED BY PATRONS ON THESE HORSE RACES
     6  SHALL BE COMPUTED IN THE AMOUNT OF MONEY WAGERED EACH RACING DAY
     7  FOR PURPOSES OF TAXATION UNDER SECTION 222.
     8     SECTION 4.  THE ACT IS AMENDED BY ADDING SECTIONS TO READ:     <--
     9  SECTION 216.1.  TELEVISION LIMITATION.
    10     THE TELEVISING OF HORSE RACES CONDUCTED AT FACILITIES IN THIS
    11  COMMONWEALTH SHALL BE BLACKED OUT WITHIN A 25-MILE RADIUS OF ANY
    12  OTHER RACING FACILITY WHERE A HORSE RACE MEETING IS BEING
    13  CONDUCTED ON THAT DAY.
    14  SECTION 235.  ADDITIONAL HARNESS RACING DATES.
    15     WHENEVER A CORPORATION IS THE ONLY CORPORATION LICENSED AT A
    16  FACILITY AND IT HAS BEEN GRANTED 150 HARNESS RACING DATES AT
    17  THAT FACILITY AND THE 750 HARNESS RACING DATES AUTHORIZED IN
    18  THIS ACT HAVE NOT BEEN ALLOCATED, UPON REQUEST THE STATE HARNESS
    19  RACING COMMISSION MAY GRANT UP TO AN ADDITIONAL 50 HARNESS
    20  RACING DATES FROM THE UNALLOCATED HARNESS RACING DATES TO THE
    21  CORPORATION HAVING AN OWNERSHIP INTEREST AT THE FACILITY. BEFORE
    22  THE STATE HORSE RACING COMMISSION MAY GRANT ANY ADDITIONAL
    23  HARNESS RACING DATES, THE DEPARTMENT OF AGRICULTURE SHALL HAVE
    24  GIVEN ITS APPROVAL.
    25     SECTION 4.  SECTION 218 OF THE ACT IS AMENDED BY ADDING        <--
    26  SUBSECTIONS TO READ:
    27  SECTION 218.  PLACE AND MANNER OF CONDUCTING PARI-MUTUEL
    28                 WAGERING.
    29     * * *
    30     (D)  A LICENSED CORPORATION SHALL NOT ACCEPT A TELEPHONE
    19830H1177B3383                  - 9 -

     1  WAGER FROM, NOR ESTABLISH A TELEPHONE BETTING ACCOUNT FOR, ANY
     2  PERSON LOCATED IN OR RESIDING IN AN AREA DEFINED HEREIN AS THE
     3  PRIMARY MARKET AREA OF A RACE TRACK OTHER THAN THE RACE TRACK AT
     4  WHICH THE LICENSED CORPORATION IS CONDUCTING A RACING MEET.
     5  NOTHING HEREIN SHALL PROHIBIT THE LICENSED CORPORATION FROM
     6  ACCEPTING A TELEPHONE WAGER FROM, OR ESTABLISHING A TELEPHONE
     7  BETTING ACCOUNT FOR, ANY PERSON LOCATED IN OR RESIDING IN THE
     8  PRIMARY MARKET AREA OF THE TRACK AT WHICH THE LICENSED
     9  CORPORATION IS CONDUCTING A MEET, AND IF TWO TRACKS SHARE
    10  PRIMARY MARKET AREA AS DEFINED HEREIN, BOTH TRACKS SHALL HAVE
    11  EQUAL RIGHTS TO THE MARKET IN THE SHARED AREA.
    12     (E)  THE PRIMARY MARKET AREA OF A RACE TRACK, FOR PURPOSES OF
    13  THIS ACT, IS DEFINED AS THAT LAND AREA INCLUDED IN A CIRCLE
    14  DRAWN WITH THE RACE TRACK AS THE CENTER, AND A RADIUS OF 35 AIR
    15  MILES.
    16     SECTION 5.  SECTION 2 OF THIS AMENDATORY ACT SHALL BE
    17  RETROACTIVE TO JULY 1, 1984 JUNE 28, 1984.                        <--
    18     SECTION 3 6.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND       <--
    19  SECTION 207(E) SHALL EXPIRE ON JULY 1, 1988.








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