SENATE AMENDED
        PRIOR PRINTER'S NOS. 1365, 2699, 2864,        PRINTER'S NO. 3736
        3326, 3383, 3713

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

        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.



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