PRINTER'S NO. 366

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

391

Session of

2021

INTRODUCED BY DOWLING, BOBACK, DUNBAR, TOPPER, ROWE, CIRESI,

JAMES AND MOUL, FEBRUARY 3, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 3, 2021

certain cases, a license has first been secured from the

municipal authorities; providing for referendums to ascertain

the will of the electors, and for the enactment and repeal of

licensing ordinances and resolutions in accordance therewith;

providing penalties; and repealing inconsistent laws."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 25, 1933 (P.L.74, No.49),

referred to as the Sunday Baseball and Football Law, is

repealed:

authorities; providing for referendums to ascertain the will

of the electors, and for the enactment and repeal of

licensing ordinances and resolutions in accordance therewith;

providing penalties; and repealing inconsistent laws.

Section 1. Municipality Defined.

Section 2. Penalty for Unlawful Baseball and Football on

Sunday.

Section 3. Ordinance and Resolutions; License Fees.

Section 4. Referendum; Statement of Questions on Ballots.

Section 11. Effective Date.

Section 1. Be it enacted, etc., That--Municipality

Defined.--The word "municipality," as used in this act, shall be

construed to mean and include any city, borough, town, and

township of this Commonwealth.

Section 2. Penalty for Unlawful Baseball and Football on

Sunday.--It shall be unlawful for any person, copartnership,

association or corporation to conduct, stage or engage in any

baseball or football game, regardless whether a charge or

admission thereto is made or whether labor or business is

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association or corporation to conduct, stage or engage in any

baseball or football game, regardless whether a charge or an

admission thereto or incidental thereto is made or whether labor

or business is necessary to conduct, manage, stage or operate

the same, on the first day of the week, commonly called Sunday,

between the hours of two o'clock post meridian and six o'clock

post meridian, unless the voters in the municipality have first

voted in favor of baseball and football on Sunday as hereinafter

provided, and unless the person, copartnership, association or

corporation, proposing to conduct or stage any such baseball or

football game to which an admission charge is made or is

conviction thereof in a summary proceeding, be sentenced to pay

a fine not exceeding ten dollars ($10), and, in default of the

payment of such fine and costs of prosecution, such person, or

any member or agent of any copartnership or association, or any

officer or agent of any corporation, responsible for such

violation, shall be imprisoned for a period of not more than

five days.

Section 3. Ordinances and Resolutions; License Fees.--If at

the election in the year one thousand nine hundred and thirty-

three, as hereinafter provided, a majority of the electors in

baseball and football on Sunday between the hours of two o'clock

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municipality, other than a township of the second class, shall,

by ordinance, and each township of the second class shall, by

resolution of the township supervisors, provide for the

licensing of baseball and football games to which an admission

fee is charged or is incidental on Sunday between the hours of

two o'clock post meridian and six o'clock post meridian. If the

vote of the electors in the municipality was not in favor of

baseball and football, then no ordinance or resolution providing

for the licensing of baseball and football games shall be

enacted or adopted.

The license fees to be charged, under any such ordinance or

All license fees collected under the provisions of any such

ordinance or resolution shall be paid into the treasury of the

municipality.

Section 4. Referendum; Statement of Question on Ballots.--At

the municipal election in the year one thousand nine hundred and

thirty-three, there shall be submitted, in the manner provided

by the election laws of the Commonwealth, a question to

determine the will of the electors of each municipality in this

Commonwealth with respect to baseball and football games on

Sunday. Such question shall be in the following form--

baseball and football games, regardless of whether Yes

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or whether labor or business is necessary to conduct,

stage or operate the same, between the hours of two No

and six, post meridian, on Sunday?

The said question shall be printed on separate official

ballots, in bound form, by the county commissioners of each

county, and sufficient number of ballots shall be furnished to

the election officers in each election district of the county so

that one ballot may be supplied to each voter at such election.

In districts where voting machines are used, such question shall

appear on the face of the machine where the machine is properly

equipped for such purposes.

return board shall compute the said returns by municipalities

and certify the results of the vote cast on the question to the

legislative body of each municipality within the county.

Such election shall be governed by the election laws of the

Commonwealth, and all penalties provided by said laws shall

apply to such elections.

Section 6. Future Referendums.--In any municipality the will

of the electors with respect to baseball and football on Sunday

may, after the year one thousand nine hundred and thirty-three,

but not oftener than once in three years, be ascertained, and

electors of any municipality upon demand, in writing, of

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vote cast for any office in the municipality at the last

preceding general or municipal election. Such petition shall be

filed with the corporate authorities at least sixty days before

the day of any general or municipal election at which the

question is to be submitted, and, if the petition is

sufficiently signed, shall thereupon be certified to the county

commissioners, who shall cause such question to be submitted in

the same manner as is provided in this act for the election in

the year one thousand nine hundred and thirty-three.

If a majority of the electors, voting in any municipality

which licenses baseball and football games to which an admission

baseball and football games to which an admission charge is made

or is incidental, as provided in this act.

Section 7. Intent of Act.--It is the intent of this act to

provide a method whereby the will of the electors of each

municipality with respect to baseball and football games on

Sunday between the hours of two o'clock post meridian and six

o'clock post meridian may be ascertained, and it shall be the

duty of the legislative body of each municipality to enact,

adopt or repeal any ordinance or resolution in accordance with

the will of the electors as ascertained at said elections. In

legislative body of any municipality may be enforced by

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Section 8. Repeal.--Section one of the act, approved the

twenty-second day of April, one thousand seven hundred and

ninety-four (3 Sm. L. 177), entitled "An act for the prevention

of vice and immorality and of unlawful gaming, and to restrain

disorderly sports and dissipation," be, and the same is hereby,

repealed in so far as it prohibits baseball and football games

on Sunday.

Section 9. Constitutionality.--The provisions of this act

are severable, and if any of the provisions hereof are held to

be unconstitutional, the decision shall not be construed to

impair any other provision of this act. It is hereby declared as

immediately upon final enactment.]

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