SENATE AMENDED PRIOR PRINTER'S NOS. 1365, 2699, 2864, PRINTER'S NO. 3736 3326, 3383, 3713
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
SENATOR O'CONNELL, STATE GOVERNMENT, RE-REPORTED AS AMENDED, IN SENATE, NOVEMBER 20, 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.
1 (A) WHENEVER A TRANSFER OF STOCK [OF] COMPRISING AN INTEREST 2 OF 5% OR MORE IN ANY LICENSED CORPORATION [OR OF], ANY 3 CORPORATION WHICH LEASES TO A LICENSED CORPORATION THE TRACK 4 FACILITY AT WHICH IT CONDUCTS PARI-MUTUEL HORSE RACES OR ANY 5 CORPORATION WHICH OWNS 25% OR MORE OF THE STOCK OF THE LICENSED 6 CORPORATION SHALL BE MADE, THERE SHALL BE FILED, SIMULTANEOUSLY, 7 WITH THE CORPORATION WHICH ISSUED SUCH STOCK THE FOLLOWING: 8 (1) IN DUPLICATE, AN AFFIDAVIT EXECUTED BY THE 9 TRANSFEREE OF THE INTEREST STATING THAT HE IS TO BE THE SOLE 10 BENEFICIAL OWNER THEREOF, AND WHETHER OR NOT HE: 11 (I) HAS BEEN CONVICTED OF A CRIME INVOLVING MORAL 12 TURPITUDE; 13 (II) HAS BEEN ENGAGED IN BOOKMAKING OR OTHER FORMS 14 OF ILLEGAL GAMBLING; 15 (III) HAS BEEN FOUND GUILTY OF ANY FRAUD OR 16 MISREPRESENTATION IN CONNECTION WITH RACING OR BREEDING; 17 (IV) HAS BEEN GUILTY OF ANY VIOLATION OR ATTEMPT TO 18 VIOLATE ANY LAW, RULE OR REGULATION OF ANY RACING 19 JURISDICTION, FOR WHICH SUSPENSION FROM RACING MIGHT BE 20 IMPOSED IN SUCH JURISDICTION; OR 21 (V) HAS VIOLATED ANY RULE, REGULATION OR ORDER OF 22 THE COMMISSIONS. 23 IF THE TRANSFEREE OF THE INTEREST IS NOT, OR IS NOT TO BE, 24 THE SOLE BENEFICIAL OWNER, THERE SHALL BE ANNEXED TO THE 25 AFFIDAVIT OF THE TRANSFEREE, AND EXPRESSLY STATED IN SUCH 26 AFFIDAVIT, A TRUE AND COMPLETE COPY OF ALL TERMS OF THE 27 AGREEMENT PURSUANT TO WHICH THE [STOCK] INTEREST IN THE 28 CORPORATION IS TO BE HELD BY THE TRANSFEREE, INCLUDING A 29 DETAILED STATEMENT OF THE INTEREST OF EACH PERSON WHO IS TO 30 HAVE ANY INTEREST THEREIN. 19830H1177B3736 - 2 -
1 (2) IN DUPLICATE, AN AFFIDAVIT EXECUTED BY EACH PERSON 2 FOR WHOM THE [STOCK, OR ANY] INTEREST [THEREIN,] IS TO BE 3 HELD BY THE TRANSFEREE, SETTING FORTH WHETHER OR NOT THE 4 AFFIANT: 5 (I) HAS BEEN CONVICTED OF A CRIME INVOLVING MORAL 6 TURPITUDE; 7 (II) HAS ENGAGED IN BOOKMAKING OR OTHER FORMS OF 8 ILLEGAL GAMBLING; 9 (III) HAS BEEN FOUND GUILTY OF ANY FRAUD OR 10 MISREPRESENTATION IN CONNECTION WITH RACING OR BREEDING; 11 (IV) HAS BEEN GUILTY OF ANY VIOLATION OR ATTEMPT TO 12 VIOLATE ANY LAW, RULE OR REGULATION OF ANY RACING 13 JURISDICTION, FOR WHICH SUSPENSION FROM RACING MIGHT BE 14 IMPOSED IN SUCH JURISDICTION; OR 15 (V) HAS VIOLATED ANY RULE, REGULATION OR ORDER OF 16 THE COMMISSIONS. 17 TO EACH OF THE AFFIDAVITS SHALL BE ANNEXED, AND EXPRESSLY 18 STATED IN SUCH AFFIDAVIT, A TRUE AND COMPLETE COPY OF ALL THE 19 TERMS OF THE AGREEMENT PURSUANT TO WHICH [STOCK] THE INTEREST 20 IS TO BE HELD BY THE TRANSFEREE, INCLUDING A DETAILED 21 STATEMENT OF THE INTEREST OF EACH PERSON WHO IS TO HAVE ANY 22 INTEREST THEREIN. THE CORPORATION SHALL FILE WITH THE 23 APPROPRIATE COMMISSION ONE OF EACH DUPLICATE AFFIDAVITS. 24 (B) IF, AFTER THE FILING OF ANY AFFIDAVIT REQUIRED TO BE 25 FILED, THERE SHALL BE ANY CHANGE IN THE STATUS OF ANY AFFIANT 26 WITH RESPECT TO ANY OF THE MATTERS SET FORTH IN SUBSECTION 27 (A)(1) OF THE AFFIDAVIT FILED, THE AFFIANT SHALL FILE WITH THE 28 CORPORATION WITH WHICH HIS AFFIDAVIT WAS SO FILED A NEW 29 AFFIDAVIT, EXECUTED BY HIM IN DUPLICATE, SETTING FORTH THE 30 CHANGE OF STATUS AND THE CORPORATION SHALL FILE ONE OF THESE 19830H1177B3736 - 3 -
1 AFFIDAVITS WITH THE APPROPRIATE COMMISSION. 2 (C) WHENEVER ANY CHANGE SHALL BE MADE IN THE AMOUNT, NATURE 3 OR OF THE INTEREST OF ANY PERSON HAVING AN INTEREST OF 5% OR 4 MORE IN [STOCK OF] ANY CORPORATION, OR ANY NEW INTEREST OF 5% OR 5 MORE SHALL BE CREATED THEREIN, WITHOUT A TRANSFER AS PROVIDED, 6 THE RECORD OWNER OF THE STOCK, AND EACH PERSON WHOSE INTEREST 7 HAS BEEN ATTEMPTED TO BE CHANGED OR CREATED, SHALL FILE WITH THE 8 CORPORATION WHICH ISSUED THE STOCK, IN DUPLICATE, AFFIDAVITS AS 9 PROVIDED BY SUBSECTION (A)(1) AND (2), EXCEPT THAT THESE 10 AFFIDAVITS NEED NOT INCLUDE THE MATTER REFERRED TO IN SUBSECTION 11 (A) UNLESS THEN REQUIRED PURSUANT TO SUBSECTION (B) AND ONE COPY 12 THEREOF SHALL BE FILED BY THE CORPORATION WITH THE APPROPRIATE 13 COMMISSION. 14 (D) IF THE APPROPRIATE COMMISSION DETERMINES THAT IT IS 15 INCONSISTENT WITH THE PUBLIC INTEREST, CONVENIENCE, OR 16 NECESSITY, OR WITH THE BEST INTEREST OF RACING GENERALLY, THAT 17 ANY PERSON HAVING AN INTEREST OF 5% OR MORE CONTINUE TO BE A 18 STOCKHOLDER OF RECORD, OR THE BENEFICIAL OWNER OF [ANY] THAT 19 INTEREST IN STOCK STANDING IN THE NAME OF ANOTHER IN ANY 20 LICENSED CORPORATION OR OF ANY CORPORATION WHICH LEASES TO SUCH 21 LICENSED CORPORATION THE TRACK AT WHICH IT CONDUCTS PARI-MUTUEL 22 HORSE RACING OR WHICH OWNED 25% OR MORE OF THE STOCK OF THE 23 LICENSEE, THE APPROPRIATE COMMISSION SHALL HAVE FULL POWER AND 24 AUTHORITY TO ORDER EACH SUCH STOCKHOLDER OR BENEFICIAL OWNER TO 25 DISPOSE OF HIS STOCK OR INTEREST WITHIN A PERIOD OF TIME TO BE 26 SPECIFIED BY THE APPROPRIATE COMMISSION, WHICH PERIOD THE 27 APPROPRIATE COMMISSION SHALL HAVE FULL POWER TO EXTEND. 28 (E) IF THE COMMISSIONS SHALL MAKE ANY ORDER OR DIRECTION AS 29 PROVIDED IN SUBSECTION (D), THE PERSON AGGRIEVED SHALL BE GIVEN 30 NOTICE OF THE TIME AND PLACE OF A HEARING BEFORE THE APPROPRIATE 19830H1177B3736 - 4 -
1 COMMISSION, AT WHICH TIME THE APPROPRIATE COMMISSION WILL HEAR 2 THE PERSON IN REFERENCE THERETO. 3 SECTION 2. SECTION 207 OF THE ACT IS AMENDED BY ADDING A <-- 4 SUBSECTION TO READ: 5 SECTION 207. ALLOCATION OF RACING DAYS. 6 * * * 7 (E) AFTER JULY 1, 1984 JUNE 28, 1984, THE COMMISSION SHALL 8 NOT HAVE THE POWER TO EXTEND THE PRIVILEGE OF NIGHT RACING TO 9 ANY LICENSED CORPORATION WHICH DID NOT HAVE THE AUTHORITY TO 10 CONDUCT NIGHT RACING PRIOR TO JULY 1, 1984 JUNE 28, 1984. 11 SECTION 3. SECTIONS 210 AND 216 OF THE ACT ARE AMENDED TO 12 READ: 13 SECTION 210. SHAREHOLDERS. 14 (A) EACH LICENSED CORPORATION SHALL, ONCE A YEAR, PROVIDE 15 THE APPROPRIATE COMMISSION WITH A COMPLETE LIST OF ALL ITS 16 SHAREHOLDERS HAVING AN INTEREST OF 5% OR MORE IN THE 17 CORPORATION, INDICATING THE NUMBER OF SHARES BY EACH LISTED 18 SHAREHOLDER. 19 (B) IT SHALL BE THE DUTY OF EACH LICENSED CORPORATION WITHIN 20 TEN DAYS AFTER ANY TRANSFER OF STOCK COMPRISING AN INTEREST OF 21 5% OR MORE IN SUCH LICENSEE, TO NOTIFY THE APPROPRIATE 22 COMMISSION OF THE TRANSFER. 23 (C) EACH CERTIFICATE OF STOCK ISSUED BY A LICENSED 24 CORPORATION TO A SHAREHOLDER HAVING AN INTEREST OF 5% OR MORE IN 25 THE CORPORATION A 5% OR GREATER INTEREST SHALL HAVE NOTED ON THE <-- 26 FACE THEREOF THAT THE PERSON WHOSE NAME IS INDICATED AS THE 27 OWNER OF [THE] SUCH SHARES OF STOCK BY THE CERTIFICATE IS THE <-- 28 SOLE AND ABSOLUTE OWNER, AND THAT HE IS NOT HOLDING [THE] SUCH <-- 29 SHARES OF STOCK OR ANY PORTION OF [THE] SUCH SHARES OF STOCK <-- 30 REPRESENTED BY THE CERTIFICATE IN TRUST FOR ANY PERSON, 19830H1177B3736 - 5 -
1 PARTNERSHIP, FIRM OR CORPORATION WHO OR WHICH IS PROHIBITED FROM 2 OWNING [THE] SUCH SHARES OF STOCK. IF ANY OF [THE] SUCH SHARES <-- 3 OF STOCK REPRESENTED BY A CERTIFICATE OF STOCK ARE HELD SUBJECT 4 TO THE TERMS OF EITHER AN INTER VIVOS OR TESTAMENTARY TRUST FOR 5 THE BENEFIT OF ANY PERSON WHO COULD LAWFULLY OWN SUCH STOCK IN 6 HIS OWN NAME, THE FACT SHALL BE NOTED ON THE FACE OF THE 7 CERTIFICATE AND A COPY OF THE INSTRUMENT WHICH CREATED THE TRUST 8 SHALL BE ATTACHED. A DUPLICATE COPY OF THE INSTRUMENT WHICH 9 CREATED THE TRUST SHALL BE FILED WITH THE APPROPRIATE 10 COMMISSION. 11 (D) NO PROPERTY RIGHTS SHALL EXIST IN ANY SHARES OF STOCK OF 12 ANY LICENSED CORPORATION ISSUED TO A SHAREHOLDER HAVING AN 13 INTEREST OF 5% OR MORE IN THE CORPORATION WHICH SHARES WHICH ARE <-- 14 HELD IN TRUST CONTRARY TO THE PROVISIONS OF THIS SECTION AND THE 15 SAME SHALL BE FORFEITED TO THE COMMONWEALTH AFTER REASONABLE 16 NOTICE AND UPON HEARING AND PROOF THEREOF IN ANY SUIT INSTITUTED 17 BY THE ATTORNEY GENERAL OF PENNSYLVANIA. UPON IT BEING 18 ESTABLISHED THAT THE STOCK IS SUBJECT TO FORFEITURE BY LEGAL 19 ADJUDICATION, THE APPROPRIATE COMMISSION SHALL SELL THE 20 FORFEITED STOCK AT PUBLIC SALE, UPON PROPER NOTICE, TO THE 21 HIGHEST BIDDER. THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED IN 22 THE GENERAL FUND OF THE COMMONWEALTH OF PENNSYLVANIA. 23 (E) AS USED IN THIS SECTION, THE TERM "LICENSED CORPORATION" 24 SHALL INCLUDE ANY LICENSED CORPORATION AS DEFINED IN SECTION 102 25 AND ALSO ANY FIRM, ASSOCIATION OR CORPORATION WHICH OWNS OR 26 LEASES TO ANY LICENSED ASSOCIATION OR CORPORATION A RACE TRACK 27 AT WHICH PARI-MUTUEL RACING IS CONDUCTED, OR ANY FIRM, 28 ASSOCIATION OR CORPORATION WHICH PARTICIPATES IN THE MANAGEMENT 29 OF ANY SUCH LICENSED CORPORATION. 30 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION SECTIONS <-- 19830H1177B3736 - 6 -
1 to read: 2 Section 233. Monitoring of wagering on video screens. 3 Every corporation licensed to conduct pari-mutuel betting 4 shall display on video screens the approximate odds or 5 approximate will pays on each horse for each race as well as any 6 combination of races including, but not limited to, quinellas, 7 exactas, perfectas and any other combination or pool of races. 8 NO DISPLAY OF APPROXIMATE ODDS OR APPROXIMATE WILL PAYS SHALL BE <-- 9 REQUIRED WHERE THE WAGER IS ON HORSES IN FOUR OR MORE RACES, 10 SUCH AS "PICK 4, PICK 5 OR PICK 6." In addition to displaying 11 the amount of money wagered, the approximate odds or approximate 12 will pays on each horse or combination of horses shall be shown 13 on video screens IN EACH WAGERING DIVISION. For trifectas, in <-- 14 lieu of odds or approximate will pays, the amount of money being 15 wagered on each horse to win in the trifecta pool shall be 16 displayed on video screens separately from any other 17 information. The above required information shall be displayed 18 from the opening of bets or wagering and be continually 19 displayed until the wagering is closed. At least one video 20 screen in each wagering division shall display the amount of 21 money wagered on each horse involved in any trifecta pool. 22 SECTION 234. EXPERIMENTAL SIMULCASTINGS. <-- 23 THE STATE HARNESS RACING COMMISSION MAY, UPON REQUEST FROM A 24 LICENSED CORPORATION, GRANT PERMISSION ON AN EXPERIMENTAL BASIS 25 TO A FACILITY WHICH CONDUCTED LESS THAN 80 DAYS OF RACING PER 26 YEAR TO SIMULCAST INTRASTATE RACING. THE PERIOD OF EXPERIMENTAL 27 SIMULCASTING SHALL BE THROUGH NOVEMBER, 1984. SUCH SIMULCASTS 28 ARE TO BE OPERATED BY THE LICENSED CORPORATION AT THE RACE TRACK 29 ENCLOSURE WHERE A HORSE RACE MEETING IS BEING CONDUCTED DURING, 30 BETWEEN, BEFORE OR AFTER POSTED RACES FOR THAT RACING DAY. ALL 19830H1177B3736 - 7 -
1 FORMS OF PARI-MUTUEL WAGERING AS DESCRIBED UNDER SECTION 221 2 SHALL BE ALLOWED ON HORSE RACES TO BE TELEVISED BY SIMULCASTING. 3 THE STATE HARNESS RACING 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 3. (A) SECTION 1 SHALL TAKE EFFECT IMMEDIATELY. <-- 9 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 120 DAYS. 10 SECTION 1. SECTION 216 OF THE ACT OF DECEMBER 17, 1981 <-- 11 (P.L.435, NO.135), KNOWN AS THE RACE HORSE INDUSTRY REFORM ACT, 12 IS AMENDED TO READ: 13 SECTION 216. INTERSTATE SIMULCASTINGS OF HORSE RACES. 14 EACH COMMISSION MAY, UPON REQUEST BY ANY LICENSED 15 CORPORATION, GRANT PERMISSION FOR ELECTRONICALLY TELEVISED 16 SIMULCASTS OF HORSE RACES TO BE OPERATED BY THE LICENSED 17 CORPORATION AT THE RACE TRACK ENCLOSURE WHERE A HORSE RACE 18 MEETING IS BEING CONDUCTED DURING, BETWEEN, BEFORE OR AFTER 19 POSTED RACES FOR THAT RACING DAY. THE POSTED RACES FOR THAT 20 RACING DAY SHALL INCLUDE A MINIMUM OF EIGHT LIVE RACES, EXCEPT, 21 AT THOROUGHBRED TRACKS ON THE ONE DAY DESIGNATED AS BREEDERS' 22 CUP EVENT DAY, THERE SHALL BE A MINIMUM OF FIVE LIVE RACES. THE 23 SIMULCASTS SHALL BE LIMITED TO HORSE RACES CONDUCTED AT 24 FACILITIES OUTSIDE THIS COMMONWEALTH AND TELEVISED TO RACE TRACK 25 ENCLOSURES WITHIN THIS COMMONWEALTH. THE SIMULCASTS SHALL ALSO 26 BE LIMITED TO THOROUGHBRED RACES DESIGNATED AS GRADE I STAKES, 27 OR THE INTERNATIONAL EQUIVALENT THERETO, WITH PURSES OF AT LEAST 28 $100,000, AND; STANDARD BRED RACES WITH PURSES OF AT LEAST <-- 29 $100,000; AND OTHER STAKES RACES WHICH HAVE, IN THE OPINION OF <-- 30 THE APPROPRIATE COMMISSION, SIGNIFICANT VALUE TO THE 19830H1177B3736 - 8 -
1 PENNSYLVANIA RACING INDUSTRY. CROSS SIMULCASTING OF THE 2 AFOREMENTIONED RACES SHALL BE PERMITTED AS LONG AS THE 3 PARTICULAR RACE IS AVAILABLE TO ALL RACE TRACKS IN THE 4 COMMONWEALTH WHICH ARE OPERATING LIVE RACING THAT DAY. ALL 5 SIMULCASTS OF HORSE RACES FROM OUTSIDE THIS COMMONWEALTH SHALL 6 ALSO COMPLY WITH THE PROVISIONS OF THE INTERSTATE HORSE RACING 7 ACT OF 1978, 92 STAT. 1811, 15 USC 3001 ET SEQ. ALL FORMS OF 8 PARI-MUTUEL WAGERING AS DESCRIBED UNDER SECTION 221 SHALL BE 9 ALLOWED ON HORSE RACES TO BE TELEVISED BY SIMULCASTING. EACH 10 COMMISSION MAY PROMULGATE RULES OR REGULATIONS TO REGULATE THE 11 WAGERING AND THE OPERATION OF THESE HORSE RACES. ALL MONEYS 12 WAGERED BY PATRONS ON THESE HORSE RACES SHALL BE COMPUTED IN THE 13 AMOUNT OF MONEY WAGERED EACH RACING DAY FOR PURPOSES OF TAXATION 14 UNDER SECTION 222. 15 SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <-- 16 SECTION 216.1. TELEVISION LIMITATION. 17 THE TELEVISING OF HORSE RACES CONDUCTED AT FACILITIES IN THIS 18 COMMONWEALTH SHALL BE BLACKED OUT WITHIN A 25-MILE RADIUS OF ANY 19 OTHER RACING FACILITY WHERE A HORSE RACE MEETING IS BEING 20 CONDUCTED ON THAT DAY. 21 SECTION 235. ADDITIONAL HARNESS RACING DATES. 22 WHENEVER A CORPORATION IS THE ONLY CORPORATION LICENSED AT A 23 FACILITY AND IT HAS BEEN GRANTED 150 HARNESS RACING DATES AT 24 THAT FACILITY AND THE 750 HARNESS RACING DATES AUTHORIZED IN 25 THIS ACT HAVE NOT BEEN ALLOCATED, UPON REQUEST THE STATE HARNESS 26 RACING COMMISSION MAY GRANT UP TO AN ADDITIONAL 50 HARNESS 27 RACING DATES FROM THE UNALLOCATED HARNESS RACING DATES TO THE 28 CORPORATION HAVING AN OWNERSHIP INTEREST AT THE FACILITY. BEFORE 29 THE STATE HORSE RACING COMMISSION MAY GRANT ANY ADDITIONAL 30 HARNESS RACING DATES, THE DEPARTMENT OF AGRICULTURE SHALL HAVE 19830H1177B3736 - 9 -
1 GIVEN ITS APPROVAL. 2 SECTION 4. SECTION 218 OF THE ACT IS AMENDED BY ADDING <-- 3 SUBSECTIONS TO READ: 4 SECTION 218. PLACE AND MANNER OF CONDUCTING PARI-MUTUEL 5 WAGERING. 6 * * * 7 (D) A LICENSED CORPORATION SHALL NOT ACCEPT A TELEPHONE 8 WAGER FROM, NOR ESTABLISH A TELEPHONE BETTING ACCOUNT FOR, ANY 9 PERSON LOCATED IN OR RESIDING IN AN AREA DEFINED HEREIN AS THE 10 PRIMARY MARKET AREA OF A RACE TRACK OTHER THAN THE RACE TRACK AT 11 WHICH THE LICENSED CORPORATION IS CONDUCTING A RACING MEET. 12 NOTHING HEREIN SHALL PROHIBIT THE LICENSED CORPORATION FROM 13 ACCEPTING A TELEPHONE WAGER FROM, OR ESTABLISHING A TELEPHONE 14 BETTING ACCOUNT FOR, ANY PERSON LOCATED IN OR RESIDING IN THE 15 PRIMARY MARKET AREA OF THE TRACK AT WHICH THE LICENSED 16 CORPORATION IS CONDUCTING A MEET, AND IF TWO TRACKS SHARE 17 PRIMARY MARKET AREA AS DEFINED HEREIN, BOTH TRACKS SHALL HAVE 18 EQUAL RIGHTS TO THE MARKET IN THE SHARED AREA. 19 (E) THE PRIMARY MARKET AREA OF A RACE TRACK, FOR PURPOSES OF 20 THIS ACT, IS DEFINED AS THAT LAND AREA INCLUDED IN A CIRCLE 21 DRAWN WITH THE RACE TRACK AS THE CENTER, AND A RADIUS OF 35 AIR 22 MILES. 23 SECTION 5. SECTION 2 OF THIS AMENDATORY ACT SHALL BE 24 RETROACTIVE TO JULY 1, 1984 JUNE 28, 1984. 25 SECTION 3 6 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. AND <-- 26 SECTION 207(E) SHALL EXPIRE ON JULY 1, 1988. F3L04JLW/19830H1177B3736 - 10 -