PRINTER'S NO. 367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
392
Session of
2021
INTRODUCED BY DOWLING, BOBACK, RYAN, DUNBAR, STEPHENS, TOPPER,
ROWE, CIRESI, JOZWIAK, JAMES, NEILSON AND MOUL,
FEBRUARY 3, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 3, 2021
AN ACT
Repealing the act of October 25, 1973 (P.L.314, No.99), entitled
"An act relating to the conducting, staging, managing,
operating and engaging in sport, musical, theatrical and
dramatic performances, exhibitions and contests other than
motion picture exhibitions on Sundays and providing for a
referendum in connection therewith in municipalities and
townships and the suspension of certain laws."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of October 25, 1973 (P.L.314, No.99),
entitled "An act relating to the conducting, staging, managing,
operating and engaging in sport, musical, theatrical and
dramatic performances, exhibitions and contests other than
motion picture exhibitions on Sundays and providing for a
referendum in connection therewith in municipalities and
townships and the suspension of certain laws," is repealed:
[AN ACT
Relating to the conducting, staging, managing, operating and
engaging in sport, musical, theatrical and dramatic
performances, exhibitions and contests other than motion
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picture exhibitions on Sundays and providing for a referendum
in connection therewith in municipalities and townships and
the suspension of certain laws.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Except as otherwise provided in this act, all
acts and parts of acts presently prohibiting the conducting,
staging, managing, operating or engaging in sport, musical,
theatrical and dramatic performances, exhibitions, contests and
similar activities other than motion picture exhibitions for
public entertainment, enjoyment or recreation on Sunday after
the hour of one o'clock postmeridian in any municipality or
township are hereby suspended.
Section 2. (a) Whenever electors equal to at least ten per
cent of the highest vote cast for any office in any municipality
or township at the last preceding municipal or general election
shall file a petition with the county board of elections of the
county for a referendum on the question of the will of the
electors with respect to the suspension of all acts or parts of
acts presently prohibiting the conducting, staging, managing,
operating or engaging in sport, musical, theatrical and dramatic
performances, exhibitions, contests and similar activities other
than motion picture exhibitions on Sunday after the hour of one
o'clock postmeridian, but not oftener than once every five
years, the county board of elections shall cause the question to
be placed on the ballot or on the voting machine board and
submitted at the next municipal primary election more than sixty
days after the petition is filed. These proceedings shall be in
the same manner and subject to the provisions of the election
laws in so far as such provisions are applicable.
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(b) The question shall be in the following form:
Do you favor the staging, managing, operating
or engaging in sport, musical, theatrical and
dramatic performances, exhibitions, contests or
similar activities other than motion picture
exhibitions on Sunday after the hour of one
o'clock postmeridian?
yes
no
(c) If a majority of the voting electors vote "No," then the
provisions of all acts or parts of acts presently prohibiting
the conducting, staging, managing, operating or engaging in
sport, musical, theatrical and dramatic performances,
exhibitions, contests, similar activities other than motion
picture exhibitions for public entertainment, enjoyment or
recreation on Sunday after the hour of one o'clock postmeridian
in municipalities and townships shall not be suspended in the
municipality or township so voting.
Section 3. The provisions of this act shall not in any
manner change, modify, alter or amend any provision of the
following acts:
(1) The act of August 31, 1955 (P.L.531, No.131), known as
the "Pennsylvania Athletic Code."
(2) The act of December 22, 1959 (P.L.1978, No.728),
entitled, as amended, "An act providing for and regulating
harness racing with pari-mutuel wagering on the results thereof;
creating the State Harness Racing Commission as a departmental
administrative commission within the Department of Agriculture
and defining its powers and duties; providing for the
establishment and operation of harness racing plants subject to
local option; imposing taxes on revenues of such plants;
disposing of all moneys received by the commission and all
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moneys collected from the taxes; authorizing penalties; and
making appropriations."
(3) The act of December 11, 1967 (P.L.707, No.331), entitled
"An act providing for and regulating thoroughbred horse racing
with pari-mutuel wagering on the results thereof, creating the
State Horse Racing Commission as an independent administrative
commission and defining its powers and duties; providing for the
establishment and operation of thoroughbred horse racing plants;
imposing taxes on revenues of such plants; disposing of all
moneys received by the commission and all moneys collected from
the taxes; authorizing penalties; and making appropriations."]
Section 2. This act shall take effect in 60 days.
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