See other bills
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same topic
HOUSE AMENDED
PRIOR PRINTER'S NOS. 1757, 1763
PRINTER'S NO. 1983
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1229
Session of
2015
INTRODUCED BY VOGEL, RAFFERTY AND HUGHES, MAY 6, 2016
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 27, 2016
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for the regulation of pari-mutuel
thoroughbred horse racing and harness horse racing
activities, imposing certain taxes and providing for the
disposition of funds from pari-mutuel tickets; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in horse race industry reform, further providing
for Pennsylvania Breeding Fund.
AMENDING TITLE 3 (AGRICULTURE) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, MAKING EDITORIAL CHANGES; CONSOLIDATING AN ARTICLE
OF THE ADMINISTRATIVE CODE OF 1929 RELATING TO RACE HORSE
INDUSTRY REFORM; FURTHER PROVIDING FOR PENNSYLVANIA BREEDING
FUND; AND MAKING A RELATED REPEAL.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Section 2836-D of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
added February 23, 2016 (P.L.15, No.7), is amended to read:
Section 2836-D. Pennsylvania Breeding Fund.
(a) Establishment.--There is hereby created a restricted
account in the State Racing Fund to be known as the Pennsylvania
Breeding Fund which shall consist of the money deposited under
section 2834-D and any provision of 4 Pa.C.S. Pt. II (relating
to gaming) and which shall be distributed by the commission.
(b) Awards from the Pennsylvania Breeding Fund.--The
commission shall distribute money from the Pennsylvania Breeding
Fund as follows:
(1) An award of 30% of the purse earned by every
Pennsylvania-bred registered thoroughbred racing horse sired
in this Commonwealth by a registered Pennsylvania sire at the
time of conception of the Pennsylvania-bred registered
thoroughbred racing horse sired in this Commonwealth, or an
award of 20% of the purse earned by every Pennsylvania-bred
registered thoroughbred racing horse [sired] in this
Commonwealth sired by a nonregistered sire, which finishes
first, second or third in any race conducted by a licensed
racing entity under this article shall be paid to the breeder
of said Pennsylvania-bred registered thoroughbred racing
horse [sired] in this Commonwealth. A single award under this
paragraph may not exceed 1% of the total annual fund money.
(2) An award of 10% of the purse earned by any
Pennsylvania-bred registered thoroughbred racing horse sired
in this Commonwealth which finishes first, second or third in
any race conducted by a licensed racing entity under this
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article shall be paid to the owner of the registered
Pennsylvania sire which regularly stood in Pennsylvania at
the time of conception of the Pennsylvania-bred thoroughbred
racing horse sired in this Commonwealth. A single award under
this paragraph may not exceed 0.5% of the total annual fund
money.
(3) An award of 10% of the purse earned by any
Pennsylvania-bred registered thoroughbred racing horse
[sired] in this Commonwealth which finishes first in any race
conducted by a licensed racing entity under this article not
restricting entry to a Pennsylvania-bred registered
[thoroughbreds] thoroughbred racing horse [sired] in this
Commonwealth shall be paid to the licensed owner of said
Pennsylvania-bred registered thoroughbred horse [sired] in
this Commonwealth at the time of winning. A single award
under this paragraph may not exceed 0.5% of the total annual
fund money.
(c) Purses from Pennsylvania Breeding Fund.--Up to one-fifth
of the total of the estimated Pennsylvania Breeding Fund money
remaining each year after the deduction of expenses related to
the administration and development of the Pennsylvania Breeding
Fund program and the payment of breeder, stallion and owner
awards, shall be divided among the licensed racing entities that
conduct thoroughbred horse race meetings in direct proportion to
the rate by which each licensed racing entity generated the fund
money during the previous year to be used solely for purses for
Pennsylvania Breeding Fund stakes races which restrict entry to
a Pennsylvania-bred registered thoroughbred racing horse [sired]
in this Commonwealth.
(d) Remaining funds.--The Pennsylvania Breeding Fund money
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remaining following disbursements as directed in subsections (b)
(1), (2) and (3) and (c) shall be divided among the licensed
racing entities that conduct thoroughbred horse race meetings in
direct proportion to the rate by which each licensed racing
entity generated the fund money during the previous year to be
used for purses as follows:
(1) Claiming and nonclaiming Pennsylvania Breeding Fund
races which restrict entry to Pennsylvania-bred registered
thoroughbred racing horses [sired] in this Commonwealth.
(2) Claiming and nonclaiming Pennsylvania Breeding Fund
races which prefer Pennsylvania-bred registered thoroughbred
racing horses [sired] in this Commonwealth as starters. In
these races, should eight or more Pennsylvania-bred
registered thoroughbred racing horses [sired] in this
Commonwealth pass the entry box, the race shall be considered
closed to horses other than Pennsylvania-bred registered
thoroughbred racing horses [sired] in this Commonwealth.
(e) Funds not expended.--Pennsylvania Breeding Fund money
due to licensed racing entities, as outlined in subsections (c)
and (d), but not expended during the calendar year may be
carried forth in the fund on the accounts of the licensed racing
entities to be expended during the succeeding year in addition
to the racing entities' fund money annually due to them for
purses.
(e.1) Committee.--There is hereby established the
Pennsylvania Breeding Fund Advisory Committee within the
commission. The committee shall consist of five individuals, who
are residents of this Commonwealth, to be appointed by the
commission by June 1 of each year based on the recommendation of
the groups identified in this subsection. If a member other than
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a commissioner has not been recommended by June 1 of each year,
the commission shall make an appointment for the organization
failing to so recommend a member of the committee. The committee
shall assist and advise the commission on the regulation of
horse racing breeding issues under this article but shall have
no power in administering the fund. Members of the advisory
committee shall not receive compensation or reimbursements for
participation on the committee. The committee shall consist of
the following members:
(1) Two members representing the Pennsylvania Horse
Breeders' Association.
(2) One member representing licensed racing entities.
(3) One member representing the association representing
horsemen racing in Pennsylvania.
(4) One member of the commission.
(f) Pennsylvania Horse Breeders' Association.--The
commission shall contract with the Pennsylvania Horse Breeders'
Association as the organization responsible for the registration
and records of Pennsylvania-bred thoroughbred racing horses
[sired] in this Commonwealth. The Pennsylvania Horse Breeders'
Association shall advise the commission when called upon and
shall determine the qualifications for Pennsylvania-bred
thoroughbred racing horses [sired] in this Commonwealth and
Pennsylvania sires. Registration and records of the association
shall be official records of the Commonwealth and shall be
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law. At the close of each calendar year, the
Pennsylvania Horse Breeders' Association shall submit to the
commission for its approval an itemized budget of projected
expenses for the ensuing year relating to the administration and
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development of the Pennsylvania Breeding Fund Program. The
commission shall reimburse the Pennsylvania Horse Breeders'
Association for those expenses actually incurred in the
administration and development of the Pennsylvania Breeding Fund
Program from the Pennsylvania Breeding Fund, no more than on a
quarterly basis.
Section 2. The amendment of section 2836-D of the act shall
apply retroactively to January 1, 2016.
Section 3. This act shall take effect immediately.
SECTION 1. THE HEADING OF PART VIII OF TITLE 3 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS RENUMBERED TO READ:
PART [VIII] C
MISCELLANEOUS PROVISIONS
SECTION 2. THE HEADING OF CHAPTER 81 OF TITLE 3 IS
RENUMBERED TO READ:
CHAPTER [81] 999
MISCELLANEOUS PROVISIONS
SECTION 3. SECTION 8101 OF TITLE 3 IS RENUMBERED TO READ:
§ [8101] 99901. (RESERVED).
SECTION 4. TITLE 3 IS AMENDED BY ADDING A PART TO READ:
PART VIII
HORSE RACING
CHAPTER
91. PRELIMINARY PROVISIONS (RESERVED)
93. RACE HORSE INDUSTRY REFORM
CHAPTER 91
PRELIMINARY PROVISIONS
CHAPTER 93
RACE HORSE INDUSTRY REFORM
SUBCHAPTER
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A. PRELIMINARY PROVISIONS
B. RACING OVERSIGHT
C. ADDITIONAL LICENSING REQUIREMENTS FOR LICENSED RACING
ENTITY, SECONDARY PARI-MUTUEL ORGANIZATION, TOTALISATOR
AND RACING VENDORS
D. COMPLIANCE
E. MEDICATION RULES AND ENFORCEMENT PROVISIONS
SUBCHAPTER A
PRELIMINARY PROVISIONS
SEC.
9301. DEFINITIONS.
§ 9301. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
MEANINGS GIVEN TO THEM IN THIS SECTION:
"ACCOUNT." AN ACCOUNT FOR ACCOUNT WAGERING WITH A SPECIFIC
IDENTIFIABLE RECORD OF DEPOSITS, WAGERS AND WITHDRAWALS
ESTABLISHED BY AN ACCOUNT HOLDER AND MANAGED BY THE LICENSED
RACING ENTITY OR SECONDARY PARI-MUTUEL ORGANIZATION.
"ACCOUNT HOLDER." AN INDIVIDUAL WHO SUCCESSFULLY COMPLETED
AN APPLICATION AND FOR WHOM THE LICENSED RACING ENTITY OR
SECONDARY PARI-MUTUEL ORGANIZATION HAS OPENED AN ACCOUNT.
"ADVANCE DEPOSIT ACCOUNT WAGERING SYSTEM." A SYSTEM BY WHICH
WAGERS ARE DEBITED AND PAYOUTS ARE CREDITED TO AN ADVANCE
DEPOSIT ACCOUNT HELD BY A LICENSED RACING ENTITY OR SECONDARY
PARI-MUTUEL ORGANIZATION ON BEHALF OF A PERSON.
"APPLICANT." A PERSON WHO, ON HIS OWN BEHALF OR ON BEHALF OF
ANOTHER, IS APPLYING FOR PERMISSION TO ENGAGE IN AN ACT OR
ACTIVITY WHICH IS REGULATED UNDER THE PROVISIONS OF THIS
CHAPTER. IF THE APPLICANT IS A PERSON OTHER THAN AN INDIVIDUAL,
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THE COMMISSION SHALL DETERMINE THE ASSOCIATED PERSONS WHOSE
QUALIFICATIONS ARE NECESSARY AS A PRECONDITION TO THE LICENSING
OF THE APPLICANT.
"BACKSIDE AREA." AN AREA OF THE RACETRACK ENCLOSURE THAT IS
NOT GENERALLY ACCESSIBLE TO THE PUBLIC AND WHICH INCLUDES, BUT
IS NOT LIMITED TO, A FACILITY COMMONLY REFERRED TO AS A BARN,
PADDOCK ENCLOSURE, TRACK KITCHEN, RECREATION HALL, BACKSIDE
EMPLOYEE QUARTERS AND TRAINING TRACK, AND ROADWAYS PROVIDING
ACCESS TO THE AREA. THE TERM DOES NOT INCLUDE AN AREA OF THE
RACETRACK ENCLOSURE WHICH IS GENERALLY ACCESSIBLE TO THE PUBLIC,
INCLUDING THE VARIOUS BUILDINGS COMMONLY REFERRED TO AS THE
GRANDSTAND OR THE RACING SURFACE AND WALKING RING.
"BREAKAGE." THE ODD CENTS OF REDISTRIBUTIONS TO BE MADE ON
CONTRIBUTIONS TO PARI-MUTUEL POOLS EXCEEDING A SUM EQUAL TO THE
NEXT LOWEST MULTIPLE OF 10.
"CLEAN LETTER OF CREDIT." A LETTER OF CREDIT WHICH IS
AVAILABLE TO THE BENEFICIARY AGAINST PRESENTATION OF ONLY A
DRAFT OR RECEIPT.
"COMMISSION." THE STATE HORSE RACING COMMISSION.
"COMMISSIONER." AN INDIVIDUAL APPOINTED TO AND SWORN IN AS A
MEMBER OF THE COMMISSION IN ACCORDANCE WITH SECTION 9311(B)
(RELATING TO STATE HORSE RACING COMMISSION).
"CONVICTION." A FINDING OF GUILT OR A PLEA OF GUILTY OR NOLO
CONTENDERE, WHETHER OR NOT A JUDGMENT OF SENTENCE HAS BEEN
IMPOSED AS DETERMINED BY THE LAW OF THE JURISDICTION IN WHICH
THE PROSECUTION WAS HELD. THE TERM DOES NOT INCLUDE A CONVICTION
THAT HAS BEEN EXPUNGED OR OVERTURNED OR FOR WHICH AN INDIVIDUAL
HAS BEEN PARDONED OR AN ORDER OF ACCELERATED REHABILITATIVE
DISPOSITION.
"ELECTRONIC WAGERING." A METHOD OF PLACING OR TRANSMITTING A
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LEGAL WAGER BY AN INDIVIDUAL IN THIS COMMONWEALTH THROUGH
TELEPHONE, ELECTROMECHANICAL, COMPUTERIZED SYSTEM OR ANY OTHER
FORM OF ELECTRONIC MEDIA APPROVED BY THE COMMISSION AND ACCEPTED
BY A SECONDARY PARI-MUTUEL ORGANIZATION OR A LICENSED RACING
ENTITY OR THE LICENSED RACING ENTITY'S APPROVED OFF-TRACK
BETTING SYSTEM LOCATED IN THIS COMMONWEALTH.
"EVERGREEN CLAUSE." A TERM IN A LETTER OF CREDIT PROVIDING
FOR AUTOMATIC RENEWAL OF THE LETTER OF CREDIT.
"EX PARTE COMMUNICATION." AN OFF-THE-RECORD COMMUNICATION
ENGAGED IN OR RECEIVED BY A COMMISSIONER OF THE COMMISSION
REGARDING THE MERITS OF, OR ANY FACT IN ISSUE RELATING TO, A
PENDING MATTER BEFORE THE COMMISSION OR WHICH MAY REASONABLY BE
EXPECTED TO COME BEFORE THE COMMISSION IN A CONTESTED ON-THE-
RECORD PROCEEDING. THE TERM SHALL NOT INCLUDE:
(1) AN OFF-THE-RECORD COMMUNICATION BY A COMMISSIONER,
THE DEPARTMENT OF REVENUE, PENNSYLVANIA STATE POLICE,
ATTORNEY GENERAL OR OTHER LAW ENFORCEMENT OFFICIAL, PRIOR TO
THE BEGINNING OF THE PROCEEDING SOLELY FOR THE PURPOSE OF
SEEKING CLARIFICATION OR CORRECTION TO EVIDENTIARY MATERIALS
INTENDED FOR USE IN THE PROCEEDINGS.
(2) A COMMUNICATION BETWEEN THE COMMISSION OR A
COMMISSIONER AND LEGAL COUNSEL.
"FELONY." AN OFFENSE UNDER THE LAWS OF THIS COMMONWEALTH OR
THE LAWS OF ANOTHER JURISDICTION, PUNISHABLE BY IMPRISONMENT FOR
MORE THAN FIVE YEARS.
"FINANCIAL INTEREST." AN OWNERSHIP, PROPERTY, LEASEHOLD OR
OTHER BENEFICIAL INTEREST IN AN ENTITY. THE TERM SHALL NOT
INCLUDE AN INTEREST WHICH IS HELD OR DEEMED TO BE HELD IN ANY OF
THE FOLLOWING:
(1) SECURITIES THAT ARE HELD IN A PENSION PLAN, PROFIT-
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SHARING PLAN, INDIVIDUAL RETIREMENT ACCOUNT, TAX-SHELTERED
ANNUITY, A PLAN ESTABLISHED UNDER SECTION 457 OF THE INTERNAL
REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 457), OR
ANY SUCCESSOR PROVISION, DEFERRED COMPENSATION PLAN WHETHER
QUALIFIED OR NOT QUALIFIED UNDER THE INTERNAL REVENUE CODE OF
1986, OR ANY SUCCESSOR PROVISION OR OTHER RETIREMENT PLAN
THAT:
(I) IS NOT SELF-DIRECTED BY THE INDIVIDUAL.
(II) IS ADVISED BY AN INDEPENDENT INVESTMENT ADVISER
WHO HAS SOLE AUTHORITY TO MAKE INVESTMENT DECISIONS WITH
RESPECT TO CONTRIBUTIONS MADE BY THE INDIVIDUAL TO THESE
PLANS.
(2) A TUITION ACCOUNT PLAN ORGANIZED AND OPERATED UNDER
SECTION 529 OF THE INTERNAL REVENUE CODE OF 1986 THAT IS NOT
SELF-DIRECTED BY THE INDIVIDUAL.
(3) A MUTUAL FUND WHERE THE INTEREST OWNED BY THE MUTUAL
FUND IN A LICENSED RACING ENTITY DOES NOT CONSTITUTE A
CONTROLLING INTEREST AS DEFINED IN 4 PA.C.S. § 1103 (RELATING
TO DEFINITIONS).
"HORSE RACE MEETING." A SPECIFIED PERIOD AND DATES EACH YEAR
DURING WHICH A LICENSED RACING ENTITY IS AUTHORIZED TO CONDUCT
LIVE RACING OR PARI-MUTUEL WAGERING AS APPROVED BY THE
COMMISSION.
"HORSE RACING." STANDARDBRED HORSE RACING AND THOROUGHBRED
HORSE RACING.
"HORSEMEN'S ORGANIZATION." A TRADE ASSOCIATION WHICH
REPRESENTS THE MAJORITY OF OWNERS AND TRAINERS WHO OWN AND RACE
HORSES AT A RACETRACK.
"IMMEDIATE FAMILY." A SPOUSE, PARENT, BROTHER, SISTER OR
CHILD.
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"IRREVOCABLE CLEAN LETTER OF CREDIT." A CLEAN LETTER OF
CREDIT WHICH CANNOT BE CANCELED OR AMENDED UNLESS THERE IS AN
AGREEMENT TO CANCEL OR AMEND AMONG ALL PARTIES TO THE LETTER OF
CREDIT.
"LAND MILE." A UNIT OF DISTANCE EQUAL TO 1,609.3 METERS OR
5,280 FEET, AS MEASURED IN A STRAIGHT LINE.
"LICENSED RACING ENTITY." ANY PERSON THAT HAS OBTAINED A
LICENSE TO CONDUCT LIVE THOROUGHBRED OR HARNESS HORSE RACE
MEETINGS RESPECTIVELY WITH PARI-MUTUEL WAGERING FROM THE
COMMISSION.
"LICENSEE." THE HOLDER OF A LICENSE ISSUED UNDER THIS
CHAPTER.
"NOMINAL CHANGE IN OWNERSHIP." THE SALE, PLEDGE,
ENCUMBRANCE, EXECUTION OF AN OPTION AGREEMENT OR OTHER TRANSFER
OF LESS THAN 5% OF THE EQUITY SECURITIES OR OTHER OWNERSHIP
INTEREST OF A PERSON WHOSE PERCENTAGE OWNERSHIP DOES NOT AFFECT
THE DECISIONS OF THE LICENSED RACING ENTITY.
"NONPRIMARY LOCATION." ANY FACILITY IN WHICH PARI-MUTUEL
WAGERING IS CONDUCTED BY A LICENSED RACING ENTITY PURSUANT TO
THIS CHAPTER OTHER THAN THE RACETRACK WHERE LIVE RACING IS
CONDUCTED.
"OWNERSHIP INTEREST." OWNING OR HOLDING, OR BEING DEEMED TO
HOLD, DEBT OR EQUITY SECURITIES OR OTHER OWNERSHIP INTEREST OR
PROFIT INTEREST.
"PARI-MUTUEL WAGERING." A FORM OF WAGERING, INCLUDING
MANUAL, ELECTRONIC, COMPUTERIZED AND OTHER FORMS AS APPROVED BY
THE COMMISSION, ON THE OUTCOME OF A HORSE RACING EVENT IN WHICH
ALL WAGERS ARE POOLED AND HELD BY A LICENSED RACING ENTITY OR
SECONDARY PARI-MUTUEL ORGANIZATION FOR DISTRIBUTION OF THE TOTAL
AMOUNT, LESS THE DEDUCTIONS AUTHORIZED BY LAW, TO HOLDERS OF
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WINNING TICKETS.
"PERSON." ANY NATURAL PERSON, CORPORATION, FOUNDATION,
ORGANIZATION, BUSINESS TRUST, ESTATE, LIMITED LIABILITY COMPANY,
LICENSE CORPORATION, TRUST, PARTNERSHIP, LIMITED LIABILITY
PARTNERSHIP, ASSOCIATION OR ANY OTHER FORM OF LEGAL BUSINESS
ENTITY.
"PRIMARY MARKET AREA OF A RACETRACK." THE LAND AREA INCLUDED
IN A CIRCLE DRAWN WITH THE RACETRACK AS THE CENTER AND A RADIUS
OF 35 LAND MILES.
"PRINCIPAL." ANY OF THE FOLLOWING INDIVIDUALS ASSOCIATED
WITH A PARTNERSHIP, TRUST ASSOCIATION, LIMITED LIABILITY COMPANY
OR CORPORATION:
(1) THE CHAIRMAN AND EACH MEMBER OF THE BOARD OF
DIRECTORS OF A CORPORATION.
(2) EACH PARTNER OF A PARTNERSHIP AND EACH PARTICIPATING
MEMBER OF A LIMITED LIABILITY COMPANY.
(3) EACH TRUSTEE AND TRUST BENEFICIARY OF AN
ASSOCIATION.
(4) THE PRESIDENT OR CHIEF EXECUTIVE OFFICER AND EACH
OTHER OFFICER, MANAGER AND EMPLOYEE WHO HAS POLICY-MAKING OR
FIDUCIARY RESPONSIBILITY WITHIN THE ORGANIZATION.
(5) EACH STOCKHOLDER OR OTHER INDIVIDUAL WHO OWNS, HOLDS
OR CONTROLS, EITHER DIRECTLY OR INDIRECTLY, 5% OR MORE OF
STOCK OR FINANCIAL INTEREST IN THE COLLECTIVE ORGANIZATION.
(6) ANY OTHER EMPLOYEE, AGENT, GUARDIAN, PERSONAL
REPRESENTATIVE, LENDER OR HOLDER OF INDEBTEDNESS WHO HAS THE
POWER TO EXERCISE A SIGNIFICANT INFLUENCE OVER THE
APPLICANT'S OR LICENSEE'S OPERATION.
"RACETRACK." THE PHYSICAL FACILITY WHERE A LICENSED RACING
ENTITY CONDUCTS THOROUGHBRED OR STANDARDBRED HORSE RACE MEETINGS
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RESPECTIVELY WITH PARI-MUTUEL WAGERING.
"RACETRACK ENCLOSURE." FOR PURPOSES OF THIS CHAPTER, THE
TERM "RACETRACK ENCLOSURE," WITH RESPECT TO EACH LICENSED RACING
ENTITY, SHALL BE DEEMED TO INCLUDE AT LEAST ONE PRIMARY
RACETRACK LOCATION AT WHICH HORSE RACE MEETINGS AUTHORIZED TO BE
HELD BY THE LICENSED RACING ENTITIES ARE CONDUCTED, INCLUDING
THE GRANDSTAND, FRONTSIDE AND BACKSIDE FACILITIES AND ALL
PRIMARY, NONPRIMARY, CONTIGUOUS AND NONCONTIGUOUS LOCATIONS OF
THE LICENSED RACING ENTITY WHICH ARE SPECIFICALLY APPROVED BY
THE COMMISSION FOR CONDUCTING THE PARI-MUTUEL SYSTEM OF WAGERING
ON THE RESULTS OF HORSE RACING HELD AT SUCH MEETINGS OR RACE
MEETINGS CONDUCTED BY ANOTHER LICENSED RACING ENTITY OR
TRANSMITTED TO SUCH LOCATIONS BY SIMULCASTING.
"RACING VENDOR." A PERSON WHO PROVIDES GOODS OR SERVICES TO
A LICENSED RACING ENTITY DIRECTLY RELATED TO RACING OR THE
RACING PRODUCT, AS DETERMINED BY THE COMMISSION.
"SECONDARY MARKET AREA OF A RACETRACK." THE LAND AREA
INCLUDED IN A CIRCLE DRAWN WITH THE RACETRACK AS THE CENTER AND
A RADIUS OF 50 LAND MILES, NOT INCLUDING THE PRIMARY MARKET AREA
OF THE RACETRACK.
"SECONDARY PARI-MUTUEL ORGANIZATION." A LICENSED ENTITY,
OTHER THAN A LICENSED RACING ENTITY, THAT OFFERS AND ACCEPTS
PARI-MUTUEL WAGERS. A PERSON OR ENTITY THAT PROVIDES TO A
LICENSED RACING ENTITY HARDWARE, SOFTWARE, EQUIPMENT, CONTENT OR
SERVICES USED TO MANAGE, CONDUCT, OPERATE OR RECORD PARI-MUTUEL
WAGERING ACTIVITY BY OR FROM RESIDENTS OF THIS COMMONWEALTH
SHALL NOT BE DEEMED TO BE A SECONDARY PARI-MUTUEL ORGANIZATION
SOLELY BY VIRTUE OF THE PROVISION OF THE ASSETS OR SERVICES.
"SIMULCAST." LIVE VIDEO AND AUDIO TRANSMISSION OF A RACE AND
PARI-MUTUEL INFORMATION FOR THE PURPOSE OF PARI-MUTUEL WAGERING
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AT LOCATIONS OTHER THAN THE RACETRACK WHERE THE RACE IS RUN.
"STANDARDBRED HORSE RACING" OR "HARNESS RACING." A FORM OF
HORSE RACING IN WHICH THE HORSES PARTICIPATING ARE ATTACHED "IN
HARNESS" TO A SULKY OR OTHER SIMILAR VEHICLE, AT A SPECIFIC
GAIT, EITHER A TROT OR PACE.
"SUBSTANTIAL CHANGE IN OWNERSHIP." THE SALE, PLEDGE,
ENCUMBRANCE, EXECUTION OF AN OPTION AGREEMENT OR ANOTHER
TRANSFER OF 5% OR MORE OF THE EQUITY SECURITIES OR OTHER
OWNERSHIP INTEREST OF A PERSON WHOSE PERCENTAGE OWNERSHIP
AFFECTS THE DECISIONS OF THE LICENSED RACING ENTITY.
"THOROUGHBRED HORSE RACING." THE FORM OF HORSE RACING IN
WHICH EACH PARTICIPATING HORSE IS MOUNTED BY A JOCKEY, IS DULY
REGISTERED WITH THE JOCKEY CLUB OF NEW YORK AND ENGAGES IN HORSE
RACING ON THE FLAT, WHICH MAY INCLUDE A STEEPLECHASE OR HURDLE
RACE.
"TOTALISATOR." A COMPUTER SYSTEM USED TO POOL WAGERS, RECORD
SALES, CALCULATE PAYOFFS AND DISPLAY WAGERING DATA ON A DISPLAY
DEVICE THAT IS LOCATED AT A PARI-MUTUEL FACILITY OR NONPRIMARY
LOCATION.
SUBCHAPTER B
RACING OVERSIGHT
SEC.
9311. STATE HORSE RACING COMMISSION.
9312. ADDITIONAL POWERS OF COMMISSION.
9313. BUDGET.
9314. LOCATION.
9315. NUMBER OF LICENSED RACING ENTITIES.
9316. DEPARTMENT OF REVENUE.
9317. ALLOCATION OF RACING DAYS.
9318. LICENSES FOR HORSE RACE MEETINGS.
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9319. CODE OF CONDUCT.
9320. FINANCIAL INTERESTS.
9321. OFFICIALS AT HORSE RACE MEETINGS.
9322. SECONDARY PARI-MUTUEL ORGANIZATION.
9323. OCCUPATIONAL LICENSES FOR INDIVIDUALS.
9324. (RESERVED).
9325. POWER OF COMMISSION TO IMPOSE FINES.
9326. ADMISSION TO RACETRACK.
9327. SECURITY PERSONNEL.
9328. (RESERVED).
9329. INTERSTATE SIMULCASTING.
9330. PLACE AND MANNER OF CONDUCTING PARI-MUTUELWAGERING AT
RACETRACK ENCLOSURE.
9331. PARI-MUTUEL WAGERING AT NONPRIMARY LOCATIONS.
9332. BOOKS AND RECORDS OF PARI-MUTUEL WAGERING.
9333. FILING OF CERTAIN AGREEMENTS WITH COMMISSION.
9334. STATE RACING FUND AND TAX RATE.
9335. PARI-MUTUEL POOL DISTRIBUTION.
9336. PENNSYLVANIA BREEDING FUND.
9337. PENNSYLVANIA SIRE STAKES FUND.
9338. FAIR FUND PROCEEDS.
9339. HEARING.
9340. PROHIBITION OF WAGERING.
9341. VETERINARIANS AND STATE STEWARDS.
9342. PROMOTIONS AND DISCOUNTS.
9343. MONITORING OF WAGERING ON VIDEO SCREENS.
9344. INTRASTATE SIMULCASTING.
9345. COMMINGLING.
9346. STANDARDBRED HORSE RACING PURSE MONEY.
§ 9311. STATE HORSE RACING COMMISSION.
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(A) ESTABLISHMENT.--THE STATE HORSE RACING COMMISSION IS
ESTABLISHED AS A COMMISSION WITHIN THE DEPARTMENT OF AGRICULTURE
TO INDEPENDENTLY REGULATE THE OPERATIONS OF HORSE RACING, THE
CONDUCT OF PARI-MUTUEL WAGERING AND THE PROMOTION AND MARKETING
OF HORSE RACING IN THIS COMMONWEALTH IN ACCORDANCE WITH THIS
CHAPTER.
(B) MEMBERSHIP.--THE COMMISSION SHALL CONSIST OF THE
FOLLOWING MEMBERS:
(1) FOUR MEMBERS APPOINTED BY THE GOVERNOR AS FOLLOWS:
(I) ONE INDIVIDUAL REPRESENTING THE THOROUGHBRED
HORSEMEN'S ORGANIZATIONS IN THIS COMMONWEALTH, SELECTED
FROM A LIST OF AT LEAST 10 QUALIFIED INDIVIDUALS
SUBMITTED BY THE THOROUGHBRED HORSEMEN'S ORGANIZATIONS.
(II) ONE INDIVIDUAL REPRESENTING A THOROUGHBRED
BREEDER ORGANIZATION IN THIS COMMONWEALTH, SELECTED FROM
A LIST OF AT LEAST 10 QUALIFIED INDIVIDUALS SUBMITTED BY
A THOROUGHBRED BREEDER ORGANIZATION.
(III) ONE INDIVIDUAL REPRESENTING THE STANDARDBRED
HORSEMEN'S ORGANIZATIONS IN THIS COMMONWEALTH, SELECTED
FROM A LIST OF AT LEAST 10 QUALIFIED INDIVIDUALS
SUBMITTED BY THE STANDARDBRED HORSEMEN'S ORGANIZATIONS.
(IV) ONE INDIVIDUAL REPRESENTING A STANDARDBRED
BREEDER ORGANIZATION IN THIS COMMONWEALTH, SELECTED FROM
A LIST OF AT LEAST 10 QUALIFIED INDIVIDUALS SUBMITTED BY
A STANDARDBRED BREEDER ORGANIZATION.
(2) ONE MEMBER APPOINTED BY EACH OF THE FOLLOWING, NONE
OF WHOM SHALL BE A MEMBER OF A HORSEMEN'S ORGANIZATION OR
BREEDER ORGANIZATION:
(I) THE PRESIDENT PRO TEMPORE OF THE SENATE.
(II) THE MINORITY LEADER OF THE SENATE.
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(III) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(IV) THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES.
(3) THE SECRETARY OF AGRICULTURE OR THE SECRETARY'S
DESIGNEE, WHO SHALL BE A NONVOTING EX OFFICIO MEMBER.
(4) ONE INDIVIDUAL WHO IS A LICENSED DOCTOR OF
VETERINARY MEDICINE IN THIS COMMONWEALTH, WHO SHALL NOT BE A
MEMBER OF A HORSEMEN'S ORGANIZATION OR A BREEDER
ORGANIZATION, APPOINTED BY THE GOVERNOR.
(5) EACH APPOINTING AUTHORITY SHALL MAKE ITS
APPOINTMENTS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS
SECTION. APPOINTMENTS TO FILL A VACANCY SHALL BE MADE WITHIN
10 DAYS OF THE CREATION OF THE VACANCY. AN APPOINTMENT SHALL
NOT BE FINAL UNTIL RECEIPT BY THE APPOINTING AUTHORITY OF A
BACKGROUND INVESTIGATION OF THE APPOINTEE BY THE PENNSYLVANIA
STATE POLICE, WHICH SHALL BE COMPLETED WITHIN 30 DAYS OF THE
APPOINTMENT. A PERSON WHO HAS BEEN CONVICTED IN A DOMESTIC OR
FOREIGN JURISDICTION OF A FELONY, INFAMOUS CRIME, GAMBLING
OFFENSE OR AN OFFENSE RELATED TO FIXING HORSE RACES OR ANIMAL
CRUELTY MAY NOT BE APPOINTED TO THE COMMISSION.
(6) THE FOLLOWING SHALL APPLY TO APPOINTEES,
COMMISSIONERS, EMPLOYEES AND INDEPENDENT CONTRACTORS:
(I) EACH COMMISSIONER AT THE TIME OF APPOINTMENT
MUST BE AT LEAST 25 YEARS OF AGE AND MUST HAVE BEEN A
RESIDENT OF THIS COMMONWEALTH FOR A PERIOD OF AT LEAST
ONE YEAR IMMEDIATELY PRECEDING APPOINTMENT. EACH
COMMISSIONER MUST REMAIN A RESIDENT OF THIS COMMONWEALTH
DURING THE TERM OF MEMBERSHIP ON THE COMMISSION.
(II) EXCEPT FOR THE COMMISSIONER APPOINTED UNDER
PARAGRAPH (3), A PERSON MAY NOT BE APPOINTED A
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COMMISSIONER IF THE PERSON IS A PUBLIC OFFICIAL OR PARTY
OFFICER AS DEFINED IN 4 PA.C.S. § 1512 (RELATING TO
FINANCIAL AND EMPLOYMENT INTERESTS) IN THIS COMMONWEALTH
OR ANY OF ITS POLITICAL SUBDIVISIONS.
(III) EACH COMMISSIONER, EMPLOYEE AND INDEPENDENT
CONTRACTOR OF THE COMMISSION MUST SIGN AN AGREEMENT NOT
TO DISCLOSE CONFIDENTIAL INFORMATION.
(IV) EXCEPT FOR A COMMISSIONER APPOINTED UNDER
PARAGRAPH (1), A COMMISSIONER, EMPLOYEE OR INDEPENDENT
CONTRACTOR OF THE COMMISSION OR OTHER AGENCY HAVING
REGULATORY AUTHORITY OVER HORSE RACING UNDER THIS CHAPTER
MAY NOT BE EMPLOYED, HOLD AN OFFICE OR POSITION OR BE
ENGAGED IN AN ACTIVITY WHICH IS INCOMPATIBLE WITH THE
POSITION, EMPLOYMENT OR CONTRACT.
(V) A COMMISSIONER MAY NOT BE PAID OR RECEIVE A FEE
OR OTHER COMPENSATION FOR ANY ACTIVITY RELATED TO THE
DUTIES OR AUTHORITY OF THE COMMISSION OTHER THAN
COMPENSATION AND EXPENSES PROVIDED BY LAW.
(VI) A COMMISSIONER, EMPLOYEE OR INDEPENDENT
CONTRACTOR OF THE COMMISSION MAY NOT PARTICIPATE IN A
HEARING, PROCEEDING OR OTHER MATTER IN WHICH THE MEMBER,
EMPLOYEE OR INDEPENDENT CONTRACTOR, OR THE IMMEDIATE
FAMILY THEREOF, HAS A FINANCIAL INTEREST IN THE SUBJECT
MATTER OF THE HEARING OR PROCEEDING OR OTHER INTEREST
THAT COULD BE SUBSTANTIALLY AFFECTED BY THE OUTCOME OF
THE HEARING OR PROCEEDING WITHOUT FIRST FULLY DISCLOSING
THE NATURE OF THE INTEREST TO THE COMMISSION AND OTHER
PERSONS PARTICIPATING IN THE HEARING OR PROCEEDING. THE
COMMISSION SHALL DETERMINE IF THE INTEREST IS A
DISQUALIFYING INTEREST THAT REQUIRES THE DISQUALIFICATION
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OR NONPARTICIPATION OF A COMMISSIONER, AN EMPLOYEE OR
INDEPENDENT CONTRACTOR.
(VII) AT THE TIME OF APPOINTMENT AND ANNUALLY
THEREAFTER, EACH COMMISSIONER SHALL DISCLOSE THE
EXISTENCE OF ANY FINANCIAL INTEREST IN ANY APPLICANT OR
LICENSED RACING ENTITY AND IN AN AFFILIATE, INTERMEDIARY,
SUBSIDIARY OR HOLDING COMPANY THEREOF HELD BY THE
COMMISSIONER OR KNOWN TO BE HELD BY A COMMISSIONER'S
IMMEDIATE FAMILY. THE DISCLOSURE STATEMENT SHALL BE FILED
WITH EACH DIRECTOR ESTABLISHED UNDER SUBSECTION (D)(2)
AND WITH THE APPOINTING AUTHORITY FOR SUCH COMMISSIONER
AND SHALL BE OPEN TO INSPECTION BY THE PUBLIC AT THE
OFFICE OF THE COMMISSION DURING THE NORMAL BUSINESS HOURS
OF THE COMMISSION AND POSTED ON THE COMMISSION'S INTERNET
WEBSITE FOR THE DURATION OF A COMMISSIONER'S TERM AND FOR
TWO YEARS AFTER A COMMISSIONER LEAVES OFFICE.
(VIII) (RESERVED).
(IX) A COMMISSIONER, EMPLOYEE OR BUREAU DIRECTOR OF
THE COMMISSION MAY NOT DIRECTLY OR INDIRECTLY SOLICIT,
REQUEST, SUGGEST OR RECOMMEND TO ANY APPLICANT, LICENSED
RACING ENTITY OR AN AFFILIATE, INTERMEDIARY, SUBSIDIARY
OR HOLDING COMPANY THEREOF OR TO AN EMPLOYEE OR AGENT
THEREOF, THE APPOINTMENT OR EMPLOYMENT OF ANY PERSON IN
ANY CAPACITY BY THE APPLICANT, LICENSED RACING ENTITY OR
AN AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY
THEREOF DURING THE TERM OF OFFICE OR EMPLOYMENT WITH THE
COMMISSION.
(X) EXCEPT FOR A COMMISSIONER APPOINTED UNDER
PARAGRAPH (1), A COMMISSIONER MAY NOT ACCEPT EMPLOYMENT
WITH AN APPLICANT FOR A HORSE RACING LICENSE, A LICENSED
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RACING ENTITY, OR AN AFFILIATE, INTERMEDIARY, SUBSIDIARY
OR HOLDING COMPANY THEREOF, FOR A PERIOD OF TWO YEARS
FROM THE TERMINATION OF TERM OF OFFICE.
(XI) A FORMER COMMISSIONER MAY NOT APPEAR BEFORE THE
COMMISSION IN ANY HEARING OR PROCEEDING OR PARTICIPATE IN
ANY OTHER ACTIVITY ON BEHALF OF ANY APPLICANT FOR A HORSE
RACING LICENSE, A LICENSED RACING ENTITY, OR AN
AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY OF
AN APPLICANT OR LICENSED RACING ENTITY FOR A PERIOD OF
TWO YEARS FROM THE TERMINATION OF TERM OF OFFICE.
(XII) A COMMISSIONER OR EMPLOYEE OF THE COMMISSION
MAY NOT ACCEPT A COMPLIMENTARY SERVICE, PLACE A WAGER OR
BE PAID ANY PRIZE FROM ANY WAGER ON A HORSE RACE AT A
RACETRACK OR NONPRIMARY LOCATION WITHIN THIS COMMONWEALTH
OR AT ANY OTHER RACETRACK OR NONPRIMARY LOCATION OUTSIDE
THIS COMMONWEALTH WHICH IS OWNED OR OPERATED BY A
LICENSED RACING ENTITY OR ANY OF ITS AFFILIATES,
INTERMEDIARIES, SUBSIDIARIES OR HOLDING COMPANIES FOR THE
DURATION OF THE COMMISSIONER'S OR EMPLOYEE'S TERM OF
OFFICE OR EMPLOYMENT. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT A COMMISSIONER APPOINTED UNDER
PARAGRAPH (1) FROM BEING AWARDED A PURSE OR BREEDERS'
AWARD FOR THE COMMISSIONER'S PARTICIPATION IN HORSE
RACING.
(XIII) A COMMISSIONER WHO HAS BEEN CONVICTED DURING
HIS TERM OF OFFICE IN A DOMESTIC OR FOREIGN JURISDICTION
OF A FELONY, INFAMOUS CRIME, OFFENSE RELATED TO FIXING OR
RIGGING HORSE RACES OR GAMBLING OFFENSE SHALL, UPON
CONVICTION, BE AUTOMATICALLY REMOVED FROM THE COMMISSION
AND SHALL BE INELIGIBLE TO BECOME A COMMISSIONER IN THE
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FUTURE.
(XIV) THE FOLLOWING SHALL APPLY TO AN EMPLOYEE OF
THE COMMISSION, WHO IS NOT SUBJECT TO A COLLECTIVE
BARGAINING AGREEMENT, WHOSE DUTIES SUBSTANTIALLY INVOLVE
LICENSING, ENFORCEMENT, DEVELOPMENT OF LAW, PROMULGATION
OF REGULATIONS OR DEVELOPMENT OF POLICY, RELATING TO
HORSE RACING UNDER THIS CHAPTER OR WHO HAS OTHER
DISCRETIONARY AUTHORITY WHICH MAY AFFECT OR INFLUENCE THE
OUTCOME OF AN ACTION, PROCEEDING OR DECISION UNDER THIS
CHAPTER, INCLUDING THE DIRECTOR OF A BUREAU:
(A) THE INDIVIDUAL MAY NOT, FOR A PERIOD OF TWO
YEARS FOLLOWING TERMINATION OF EMPLOYMENT, ACCEPT
EMPLOYMENT WITH OR BE RETAINED BY AN APPLICANT FOR A
HORSE RACING LICENSE OR A LICENSED RACING ENTITY OR
BY AN AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING
COMPANY OF AN APPLICANT OR A LICENSED RACING ENTITY.
(B) THE INDIVIDUAL MAY NOT, FOR A PERIOD OF TWO
YEARS FOLLOWING TERMINATION OF EMPLOYMENT, APPEAR
BEFORE THE COMMISSION IN A HEARING OR PROCEEDING OR
PARTICIPATE IN ACTIVITY ON BEHALF OF ANY APPLICANT,
LICENSEE OR LICENSED RACING ENTITY OR ON BEHALF OF AN
AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING
COMPANY OF ANY APPLICANT, LICENSEE OR LICENSED RACING
ENTITY.
(C) THIS SUBPARAGRAPH SHALL NOT APPLY TO AN
EMPLOYEE SUBJECT TO THE JURISDICTION OF THE
PENNSYLVANIA SUPREME COURT UNDER SECTION 10(C) OF
ARTICLE V OF THE CONSTITUTION OF PENNSYLVANIA.
(XV) NOTHING UNDER SUBPARAGRAPH (XIV) SHALL PREVENT
A CURRENT OR FORMER EMPLOYEE OF THE COMMISSION FROM
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APPEARING BEFORE THE COMMISSION IN A HEARING OR
PROCEEDING AS A WITNESS OR TESTIFYING AS TO A FACT OR
INFORMATION.
(XVI) THE STATE ETHICS COMMISSION SHALL ISSUE A
WRITTEN DETERMINATION OF WHETHER A PERSON IS SUBJECT TO
SUBPARAGRAPH (XIV) UPON THE WRITTEN REQUEST OF THE PERSON
OR THE PERSON'S EMPLOYER OR POTENTIAL EMPLOYER. A PERSON
THAT RELIES IN GOOD FAITH ON A DETERMINATION ISSUED UNDER
THIS PARAGRAPH SHALL NOT BE SUBJECT TO ANY PENALTY FOR AN
ACTION TAKEN, IF ALL MATERIAL FACTS SET FORTH IN THE
REQUEST FOR THE DETERMINATION ARE CORRECT.
(XVII) THE STATE ETHICS COMMISSION SHALL PUBLISH A
LIST OF ALL EMPLOYMENT POSITIONS WITHIN THE COMMISSION
WHOSE DUTIES WOULD SUBJECT THE INDIVIDUALS IN THOSE
POSITIONS TO THE PROVISIONS OF SUBPARAGRAPH (XIV). THE
COMMISSION SHALL ASSIST THE STATE ETHICS COMMISSION IN
THE DEVELOPMENT OF THE LIST, WHICH SHALL BE PUBLISHED BY
THE STATE ETHICS COMMISSION IN THE PENNSYLVANIA BULLETIN
BIENNIALLY AND POSTED BY THE COMMISSION ON THE
COMMISSION'S INTERNET WEBSITE. UPON REQUEST, EMPLOYEES OF
THE COMMISSION SHALL HAVE A DUTY TO PROVIDE THE STATE
ETHICS COMMISSION WITH ADEQUATE INFORMATION TO ACCURATELY
DEVELOP AND MAINTAIN THE LIST. THE STATE ETHICS
COMMISSION MAY IMPOSE A CIVIL PENALTY UNDER 65 PA.C.S. §
1109(F) (RELATING TO PENALTIES) UPON AN INDIVIDUAL WHO
FAILS TO COOPERATE WITH THE STATE ETHICS COMMISSION UNDER
THIS SUBPARAGRAPH. AN INDIVIDUAL WHO RELIES IN GOOD FAITH
ON THE LIST PUBLISHED BY THE STATE ETHICS COMMISSION
SHALL NOT BE SUBJECT TO ANY PENALTY FOR A VIOLATION OF
SUBPARAGRAPH (XIV).
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(XVIII) A COMMISSIONER MAY NOT SOLICIT, REQUEST,
SUGGEST OR RECOMMEND THE EMPLOYMENT BY THE COMMISSION OF
AN IMMEDIATE FAMILY MEMBER.
(XIX) IF A COMMISSIONER VIOLATES ANY PROVISION OF
THIS SECTION, THE APPOINTING AUTHORITY MAY REMOVE THE
PERSON FROM THE COMMISSION. A COMMISSIONER REMOVED UNDER
THIS PARAGRAPH SHALL, FOR A PERIOD OF FIVE YEARS
FOLLOWING REMOVAL, BE PROHIBITED FROM FUTURE APPOINTMENT
TO THE COMMISSION AND SHALL BE PROHIBITED FROM APPLYING
FOR A LICENSE OR OTHER AUTHORIZATION UNDER THIS CHAPTER
AND FROM BECOMING AN INDEPENDENT CONTRACTOR WITH THE
COMMISSION.
(XX) EXCEPT FOR A COMMISSIONER APPOINTED UNDER
PARAGRAPH (1), A COMMISSIONER OR EMPLOYEE OF THE
COMMISSION MAY NOT DIRECTLY OR INDIRECTLY HAVE AN
OWNERSHIP INTEREST IN A RACE HORSE WHICH IS ENTERED IN A
HORSE RACE MEETING IN THIS COMMONWEALTH.
(7) A COMMISSIONER SHALL NOT BE PERSONALLY LIABLE FOR
ANY OF THE FOLLOWING:
(I) OBLIGATIONS OF THE COMMISSION.
(II) ACTIONS WHICH WERE WITHIN THE SCOPE OF THEIR
OFFICE AND MADE IN GOOD FAITH.
(B.1) INITIAL APPOINTMENTS TO COMMISSION.--
(1) APPOINTEES INITIALLY APPOINTED UNDER SUBSECTION (B)
SHALL SERVE AN INITIAL TERM OF TWO YEARS AND UNTIL THEIR
SUCCESSORS ARE APPOINTED AND QUALIFIED.
(2) AN APPOINTMENT TO FILL A VACANCY CREATED BY A
COMMISSIONER APPOINTED IN ACCORDANCE WITH PARAGRAPH (1) SHALL
BE FOR THE REMAINDER OF THE UNEXPIRED TERM.
(B.2) TERMS OF OFFICE.--UPON THE EXPIRATION OF A TERM OF A
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COMMISSIONER APPOINTED UNDER SUBSECTIONS (B) AND (B.1), THE
FOLLOWING SHALL APPLY:
(1) THE TERM OF OFFICE OF A GUBERNATORIAL APPOINTEE
SHALL BE THREE YEARS AND UNTIL A SUCCESSOR IS APPOINTED AND
QUALIFIED.
(2) THE TERM OF OFFICE OF A LEGISLATIVE APPOINTEE SHALL
BE TWO YEARS AND UNTIL A SUCCESSOR IS APPOINTED AND
QUALIFIED.
(3) A LEGISLATIVE APPOINTEE SHALL SERVE NO MORE THAN
THREE FULL CONSECUTIVE TERMS.
(4) A GUBERNATORIAL APPOINTEE SHALL SERVE NO MORE THAN
TWO FULL CONSECUTIVE TERMS.
(5) AN APPOINTMENT TO FILL A VACANCY SHALL BE FOR THE
REMAINDER OF THE UNEXPIRED TERM.
(6) A COMMISSIONER APPOINTED TO FILL A VACANCY UNDER
PARAGRAPH (3) MAY SERVE THREE FULL TERMS FOLLOWING THE
EXPIRATION OF THE TERM RELATED TO THE VACANCY.
(7) A COMMISSIONER APPOINTED TO FILL A VACANCY UNDER
PARAGRAPH (4) MAY SERVE TWO FULL TERMS FOLLOWING THE
EXPIRATION OF THE TERM RELATED TO THE VACANCY.
(C) CHAIRPERSON.--THE GOVERNOR SHALL APPOINT THE CHAIRPERSON
OF THE COMMISSION.
(C.1) COMPENSATION.--COMMISSIONERS SHALL BE REIMBURSED FOR
DOCUMENTED EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES AND EXCEPT FOR COMMISSIONERS APPOINTED UNDER
SUBSECTION (B)(3), COMMISSIONERS SHALL BE PAID $150 PER DIEM.
(C.2) MEETINGS.--THE COMMISSION SHALL MEET AT LEAST ONCE A
MONTH AND AT OTHER TIMES AS THE COMMISSION CHAIRPERSON DEEMS
NECESSARY. PUBLIC NOTICE OF THE TIME AND PLACE OF MEETINGS OF
THE COMMISSION SHALL BE GIVEN IN ACCORDANCE WITH 65 PA.C.S. CH.
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7 (RELATING TO OPEN MEETINGS).
(D) OFFICE OF HORSE RACING.--THERE IS HEREBY ESTABLISHED
WITHIN THE COMMISSION AN OFFICE OF HORSE RACING.
(1) THE OFFICE SHALL BE COMPRISED OF THE FOLLOWING:
(I) THE BUREAU OF THOROUGHBRED HORSE RACING SHALL
HAVE OVERSIGHT OVER THE CONDUCT OF THOROUGHBRED HORSE
RACING IN THIS COMMONWEALTH.
(II) THE BUREAU OF STANDARDBRED HORSE RACING SHALL
HAVE OVERSIGHT OVER THE CONDUCT OF STANDARDBRED HORSE
RACING IN THIS COMMONWEALTH.
(2) THERE SHALL BE A DIRECTOR OF THE BUREAU OF
THOROUGHBRED HORSE RACING AND A DIRECTOR OF THE BUREAU OF
STANDARDBRED HORSE RACING TO SERVE AND REPORT TO THE
COMMISSION. THE DIRECTOR OF EACH BUREAU SHALL NOT BE
SUPERVISED BY THE DEPARTMENT OF AGRICULTURE. THE COMMISSION
SHALL ASSIGN THE DIRECTORS DUTIES AND RESPONSIBILITIES AS
REQUIRED TO FULFILL THE COMMISSION'S OBLIGATIONS UNDER THIS
CHAPTER OR ANY OTHER ACT. THE COMMISSION MAY, BY ORDER,
DELEGATE DUTIES AND RESPONSIBILITIES TO THE BUREAU DIRECTOR
AS THE COMMISSION DETERMINES NECESSARY TO DISCHARGE THE DAY-
TO-DAY LICENSING, ENFORCEMENT AND ADMINISTRATIVE OPERATIONS
OF THE COMMISSION. THE DIRECTOR OF EACH BUREAU ESTABLISHED IN
THIS SECTION MUST MEET ALL OF THE FOLLOWING REQUIREMENTS:
(I) HAS EITHER:
(A) BEEN CERTIFIED AS A RACING OFFICIAL; OR
(B) HAS AT LEAST FIVE YEARS' EXPERIENCE IN THE
MANAGEMENT OF A LICENSED RACING ENTITY OR EQUIVALENT
RACING EXPERIENCE.
(II) ANY OTHER CRITERIA ESTABLISHED BY THE
COMMISSION.
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(3) EACH BUREAU ESTABLISHED UNDER THIS SUBSECTION SHALL
HAVE THE FOLLOWING POWERS AND DUTIES:
(I) EVALUATE AND REVIEW ALL APPLICANTS AND
APPLICATIONS FOR A THOROUGHBRED HORSE RACING OR
STANDARDBRED HORSE RACING LICENSE. A BUREAU UNDER THIS
SECTION SHALL BE PROHIBITED FROM DISCLOSING ANY PORTION
OF AN EVALUATION TO A COMMISSIONER PRIOR TO THE DECISION
RELATING TO THE APPLICANT'S SUITABILITY FOR LICENSURE BY
THE COMMISSION.
(II) INSPECT AND MONITOR LICENSEES AND OTHER PERSONS
REGULATED UNDER THIS CHAPTER FOR NONCRIMINAL VIOLATIONS,
INCLUDING POTENTIAL VIOLATIONS REFERRED TO EITHER BUREAU
BY THE COMMISSION OR OTHER PERSON.
(III) MONITOR HORSE RACING OPERATIONS TO ENSURE
COMPLIANCE WITH THIS CHAPTER.
(IV) INSPECT AND EXAMINE LICENSED RACING ENTITIES
AND RACETRACK FACILITIES.
(A) INSPECTIONS MAY INCLUDE THE REVIEW AND
REPRODUCTION OF ANY DOCUMENT OR RECORD.
(B) EXAMINATIONS MAY INCLUDE THE REVIEW OF
ACCOUNTING, ADMINISTRATIVE AND FINANCIAL RECORDS,
MANAGEMENT CONTROL SYSTEMS, PROCEDURES AND OTHER
RECORDS.
(V) REFER POSSIBLE CRIMINAL VIOLATION TO LAW
ENFORCEMENT.
(VI) COOPERATE IN THE INVESTIGATION AND PROSECUTION
OF ANY CRIMINAL VIOLATION.
(VII) ISSUE ADMINISTRATIVE SUBPOENAS TO EFFECTUATE
AN INSPECTION AND REVIEW UNDER THIS PARAGRAPH, ADMINISTER
OATHS AND TAKE TESTIMONY AS NECESSARY FOR THE
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ADMINISTRATION OF THIS CHAPTER.
(E) JURISDICTION.--THE COMMISSION SHALL HAVE JURISDICTION
AND REGULATORY AUTHORITY OVER THE FOLLOWING:
(1) PARI-MUTUEL WAGERING AND OTHER HORSE RACING
ACTIVITIES IN THIS COMMONWEALTH.
(2) A LICENSED PERSON ENGAGED IN PARI-MUTUEL HORSE
RACING ACTIVITIES.
(3) OUT-OF-COMPETITION DRUG TESTING, WHICH SHALL INCLUDE
THE RANDOM DRUG TESTING OF ANY HORSE ENTERED IN A RACE,
NOTWITHSTANDING THE PHYSICAL LOCATION OF THE HORSE, STABLED
ON THE GROUNDS OR SHIPPED INTO A LICENSED RACING ENTITY'S
FACILITY.
(4) THE CONDUCT OF HORSE RACING IN THIS COMMONWEALTH.
(F) VOTING.--
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION,
ACTIONS OF THE COMMISSION SHALL BE SUBJECT TO A SIMPLE
MAJORITY VOTE OF THE COMMISSION.
(2) A QUALIFIED MAJORITY VOTE CONSISTING OF THE TWO
COMMISSIONERS APPOINTED UNDER SUBSECTION (B)(1)(I) AND (II)
AND AS MANY VOTES OF THE REMAINING VOTING COMMISSIONERS AS
NECESSARY TO CONSTITUTE A MAJORITY OF THOSE COMMISSIONERS
VOTING SHALL BE REQUIRED TO:
(I) APPROVE, ISSUE, DENY OR CONDITION A LICENSE TO
CONDUCT THOROUGHBRED HORSE RACE MEETINGS UNDER SECTION
9318 (RELATING TO LICENSES FOR HORSE RACE MEETINGS).
(II) ADOPT REGULATIONS GOVERNING THOROUGHBRED HORSE
RACE MEETINGS UNDER THIS SECTION.
(III) EMPLOY A DIRECTOR OF THE BUREAU OF
THOROUGHBRED HORSE RACING UNDER SUBSECTION (D)(2).
(3) A QUALIFIED MAJORITY VOTE CONSISTING OF THE TWO
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COMMISSIONERS APPOINTED UNDER SUBSECTION (B)(1)(III) AND (IV)
AND AS MANY VOTES OF THE REMAINING VOTING COMMISSIONERS AS
NECESSARY TO CONSTITUTE A MAJORITY OF THOSE COMMISSIONERS
VOTING SHALL BE REQUIRED TO:
(I) APPROVE, ISSUE, DENY OR CONDITION A LICENSE TO
CONDUCT STANDARDBRED HORSE RACE MEETINGS UNDER SECTION
9318.
(II) ADOPT RULES AND REGULATIONS GOVERNING
STANDARDBRED HORSE RACE MEETINGS UNDER THIS SECTION.
(III) EMPLOY A DIRECTOR OF THE BUREAU OF
STANDARDBRED HORSE RACING UNDER SUBSECTION (D)(2).
(4) COMMISSIONERS APPOINTED UNDER SUBSECTION (B)(1)(I)
AND (II) SHALL BE DISQUALIFIED AND MUST ABSTAIN FROM VOTING
ON ANY MATTER UNDER PARAGRAPH (3).
(5) COMMISSIONERS APPOINTED UNDER SUBSECTION (B)(1)(III)
AND (IV) SHALL BE DISQUALIFIED AND MUST ABSTAIN FROM VOTING
ON ANY MATTER UNDER PARAGRAPH (2).
(6) IF ONE OR MORE APPOINTEES UNDER SUBSECTION (B)(1) IS
NOT PARTICIPATING IN VOTING ON ANY MATTER UPON WHICH THEY ARE
OTHERWISE ELIGIBLE TO VOTE UNDER PARAGRAPH (2) OR (3), THE
QUALIFIED MAJORITY SHALL CONSIST OF THE REMAINING APPOINTEE
UNDER THE RESPECTIVE SUBPARAGRAPH OF SUBSECTION (B)(1)
PURSUANT TO WHICH THE NONPARTICIPATING COMMISSIONER HAS BEEN
APPOINTED, IF ANY, AND AS MANY COMMISSIONERS AS NECESSARY TO
CONSTITUTE A MAJORITY OF THOSE COMMISSIONERS VOTING.
(G) RECORDS.--THE COMMISSION SHALL MAINTAIN AT ITS OFFICE
THE FOLLOWING:
(1) ALL DOCUMENTS, DIGITAL OR NONDIGITAL, PROVIDED TO OR
FILED WITH THE COMMISSION RELATING TO THE REGULATION OF HORSE
RACING AND PARI-MUTUEL WAGERING UNDER THIS CHAPTER. THE
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COMMISSION MAY ACCEPT DIGITAL SIGNATURES ON DOCUMENTS
PROVIDED OR FILED AND DOCUMENTS MAY BE DESIGNATED AS
CONFIDENTIAL IN ACCORDANCE WITH COMMISSION POLICY.
(2) A DOCKET SETTING FORTH THE NAMES OF ALL STOCKHOLDERS
IN A LICENSED RACING ENTITY. THE DOCKET SHALL BE AVAILABLE
FOR PUBLIC INSPECTION DURING NORMAL BUSINESS HOURS OF THE
COMMISSION.
(3) THE NUMBER OF SHARES HELD BY EACH STOCKHOLDER.
(4) A COMPLETE RECORD OF PROCEEDINGS OF THE COMMISSION
RELATING TO HORSE RACING AND PARI-MUTUEL WAGERING.
(H) RULES AND REGULATIONS.--THE FOLLOWING SHALL APPLY:
(1) ALL RULES AND REGULATIONS PROMULGATED UNDER THE
FORMER ACT OF DECEMBER 11, 1967 (P.L.707, NO.331), REFERRED
TO AS THE PENNSYLVANIA THOROUGHBRED HORSE RACING LAW, OR THE
FORMER ACT OF DECEMBER 22, 1959 (P.L.1978, NO.728), REFERRED
TO AS THE PENNSYLVANIA HARNESS RACING LAW, SHALL REMAIN IN
EFFECT EXCEPT TO THE EXTENT THAT THEY ARE IN DIRECT CONFLICT
WITH THIS CHAPTER. THE COMMISSION MAY ADOPT, AMEND, REVISE OR
ALTER THE RULES AND REGULATIONS AS THE COMMISSION DEEMS
NECESSARY.
(2) THE COMMISSION SHALL PROMULGATE RULES AND
REGULATIONS NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT
OF THIS CHAPTER. EXCEPT AS PROVIDED IN THIS PARAGRAPH AND
PARAGRAPH (3), REGULATIONS SHALL BE PROMULGATED IN ACCORDANCE
WITH LAW.
(3) IN ORDER TO FACILITATE THE PROMPT IMPLEMENTATION OF
THIS CHAPTER, REGULATIONS PROMULGATED BY THE COMMISSION SHALL
BE DEEMED TEMPORARY REGULATIONS WHICH SHALL NOT EXPIRE FOR A
PERIOD OF THREE YEARS FOLLOWING PUBLICATION. TEMPORARY
REGULATIONS SHALL NOT BE SUBJECT TO:
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(I) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT
OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(II) SECTIONS 204(B) AND 301(10) OF THE ACT OF
OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
COMMONWEALTH ATTORNEYS ACT.
(III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
KNOWN AS THE REGULATORY REVIEW ACT.
(4) THE COMMISSION'S AUTHORITY TO PROMULGATE TEMPORARY
REGULATIONS UNDER PARAGRAPH (3) SHALL EXPIRE THREE YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS ADOPTED
AFTER THIS PERIOD SHALL BE PROMULGATED AS PROVIDED BY LAW.
(I) APPLICATION.--THE COMMISSION SHALL DEVELOP AN
APPLICATION FOR APPLICANTS SEEKING A LICENSE TO CONDUCT HORSE
RACING PURSUANT TO THIS CHAPTER.
(J) LICENSES.--EACH LICENSE TO CONDUCT HORSE RACING OR ANY
OTHER ACTIVITY UNDER THIS CHAPTER ISSUED PRIOR TO JANUARY 1,
2017, SHALL REMAIN IN EFFECT FOR THE REMAINDER OF THE TERM FOR
WHICH THE LICENSE WAS ISSUED UNLESS REVOKED OR SUSPENDED.
BEGINNING JANUARY 1, 2017, A LICENSE SHALL BE RENEWED OR A NEW
LICENSE SHALL BE ISSUED IN ACCORDANCE WITH THIS CHAPTER.
(K) REPORT OF COMMISSION.--TWELVE MONTHS AFTER THE EFFECTIVE
DATE OF THIS SECTION AND EVERY YEAR ON THAT DATE THEREAFTER, THE
COMMISSION, THROUGH THE DEPARTMENT OF AGRICULTURE, SHALL ISSUE A
REPORT TO THE GOVERNOR AND EACH MEMBER OF THE GENERAL ASSEMBLY
ON THE GENERAL OPERATION OF THE COMMISSION AND EACH LICENSEE'S
PERFORMANCE, INCLUDING NUMBER AND WIN PER RACE AND TOTAL GROSS
REVENUE AT EACH FACILITY OF A LICENSED RACING ENTITY DURING THE
PREVIOUS YEAR, ALL TAXES, FEES, FINES AND OTHER REVENUES
COLLECTED AND, WHERE APPROPRIATE, DISBURSED, THE COSTS OF
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OPERATION OF THE COMMISSION, ALL HEARINGS CONDUCTED AND THE
RESULTS OF THE HEARINGS AND OTHER INFORMATION THAT THE
COMMISSION DEEMS NECESSARY AND APPROPRIATE. NOTWITHSTANDING ANY
OTHER REPORTING REQUIREMENTS IN 4 PA.C.S. § 1211 (RELATING TO
REPORTS OF BOARD), THE PENNSYLVANIA GAMING CONTROL BOARD AND THE
DEPARTMENT OF AGRICULTURE MUST JOINTLY SUBMIT THE REPORT UNDER
THIS SUBSECTION RELATING TO RACING ON AN ANNUAL BASIS.
(L) RECORD OF PROCEEDINGS.--THE COMMISSION SHALL CAUSE TO BE
MADE AND KEPT A RECORD OF ALL PROCEEDINGS HELD AT PUBLIC
MEETINGS OF THE COMMISSION. A VERBATIM TRANSCRIPT OF THOSE
PROCEEDINGS SHALL BE PREPARED BY THE COMMISSION UPON THE REQUEST
OF ANY PERSON AND THE PAYMENT BY THAT PERSON OF THE COSTS OF
PREPARATION.
(M) PUBLIC RECORDS.--THE COMMISSION SHALL ANNUALLY POST ON
ITS INTERNET WEBSITE A LIST OF ALL THE ITEMIZED EXPENSES OF
EMPLOYEES AND COMMISSIONERS THAT WERE OR ARE TO BE REIMBURSED
FROM THE STATE RACING FUND. THE LIST SHALL IDENTIFY THE NATURE
OF THE EXPENSE, THE EMPLOYEE, MEMBER OR THE AGENCY AND EMPLOYEE
OF THE AGENCY TO WHICH AN EXPENSE IS ATTRIBUTABLE. BY OCTOBER 1
OF EACH YEAR, A FINAL REPORT OF ALL EXPENSES DESCRIBED IN THIS
SUBSECTION FOR THE PRECEDING FISCAL YEAR SHALL BE POSTED ON THE
COMMISSION'S INTERNET WEBSITE AND SHALL BE SUBMITTED TO THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE AGRICULTURE AND
RURAL AFFAIRS COMMITTEE OF THE SENATE, THE APPROPRIATIONS
COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE AGRICULTURE
AND RURAL AFFAIRS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
INFORMATION POSTED ON THE INTERNET WEBSITE PURSUANT TO THIS
SUBSECTION SHALL BE FINANCIAL RECORDS FOR THE PURPOSES OF AND
SUBJECT TO REDACTION UNDER THE RIGHT-TO-KNOW LAW.
(N) REIMBURSEMENT.--THE DEPARTMENT OF AGRICULTURE'S
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PROVISION OF SHARED ADMINISTRATIVE SERVICES, SHARED STAFF AND
SHARED FACILITIES TO THE COMMISSION MUST BE REIMBURSED FROM THE
STATE RACING FUND AND SHALL BE LIMITED TO ACTUAL COSTS OF
PROVIDING THE SERVICES, STAFF AND FACILITIES, INCLUDING
SALARIES, BENEFITS AND EXPENSES OF EMPLOYEES PROVIDING THE
SHARED ADMINISTRATIVE SERVICES. THE DEPARTMENT OF AGRICULTURE
MUST RETAIN RECORDS REGARDING ADMINISTRATIVE SHARED SERVICES
PROVIDED TO THE COMMISSION BY A DEPARTMENT OF AGRICULTURE'S
EMPLOYEE.
§ 9312. ADDITIONAL POWERS OF COMMISSION.
THE COMMISSION SHALL REGULATE HORSE RACING AT WHICH PARI-
MUTUEL WAGERING IS CONDUCTED AND APPROVE THE NUMBER OF RACING
DAYS ALLOCATED TO EACH LICENSED RACING ENTITY. IN ADDITION TO
ANY OTHER POWERS OF THE COMMISSION:
(1) THE COMMISSION SHALL PROMULGATE REGULATIONS
REGARDING MEDICATION RULES AS REQUIRED UNDER SUBCHAPTER E
(RELATING TO MEDICATION RULES AND ENFORCEMENT PROVISIONS).
(2) THE FOLLOWING SHALL APPLY:
(I) THE COMMISSION SHALL REQUIRE AN APPLICANT UNDER
THIS CHAPTER TO SUBMIT TO FINGERPRINTING FOR A REPORT OF
FEDERAL CRIMINAL HISTORY RECORD INFORMATION.
(II) THE APPLICANT MUST SUBMIT A FULL SET OF
FINGERPRINTS TO THE PENNSYLVANIA STATE POLICE OR THE
PENNSYLVANIA STATE POLICE'S AUTHORIZED AGENT FOR THE
PURPOSE OR A RECORD CHECK. THE PENNSYLVANIA STATE POLICE
OR THE PENNSYLVANIA STATE POLICE'S AUTHORIZED AGENT MUST
THEN SUBMIT THE FINGERPRINTS TO THE FEDERAL BUREAU OF
INVESTIGATION FOR THE PURPOSE OF VERIFYING THE IDENTITY
OF THE APPLICANT AND OBTAINING A CURRENT RECORD OF ANY
CRIMINAL ARRESTS AND CONVICTIONS.
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(III) THE COMMISSION SHALL CONSIDER INFORMATION
OBTAINED PURSUANT TO THIS PARAGRAPH FOR THE PURPOSE OF
SCREENING APPLICANTS FOR FITNESS FOR LICENSURE IN
ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
(IV) NATIONAL CRIMINAL HISTORY RECORD INFORMATION
RECEIVED BY THE COMMISSION SHALL BE HANDLED AND
MAINTAINED IN ACCORDANCE WITH FEDERAL BUREAU OF
INVESTIGATION POLICY.
(V) FINGERPRINTS OBTAINED UNDER THIS PARAGRAPH MAY
BE MAINTAINED BY THE COMMISSION AND PENNSYLVANIA STATE
POLICE TO ENFORCE THIS CHAPTER AND FOR GENERAL LAW
ENFORCEMENT PURPOSES.
(VI) IN ADDITION TO ANY OTHER FEE OR COST ASSESSED
BY THE COMMISSION, AN APPLICANT MUST PAY FOR THE COST OF
THE FINGERPRINT PROCESS.
(VII) THE COMMISSION MAY EXEMPT APPLICANTS FOR
POSITIONS NOT RELATED TO THE CARE OR TRAINING OF HORSES,
RACING, WAGERING, SECURITY OR THE MANAGEMENT OF A
LICENSED RACING ENTITY, FROM THE PROVISIONS OF THIS
CHAPTER.
(3) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSION MUST ADOPT AND PUBLISH A
COMPREHENSIVE FEE SCHEDULE IN THE PENNSYLVANIA BULLETIN. TWO
YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSION MAY ADOPT REGULATIONS TO ANNUALLY INCREASE ANY
FEE, CHARGE OR COST AUTHORIZED UNDER THIS CHAPTER.
(4) THE COMMISSION OR DESIGNATED EMPLOYEE OF THE
COMMISSION SHALL HAVE THE POWER TO ADMINISTER OATHS AND
EXAMINE WITNESSES AND MAY ISSUE SUBPOENAS TO COMPEL
ATTENDANCE OF WITNESSES AND PRODUCTION OF ALL RELEVANT AND
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