# 3 Pa.C.S. § 9311: State Horse Racing Commission > Pennsylvania · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9311 ## Section - **Citation:** 3 Pa.C.S. § 9311 - **Heading:** State Horse Racing Commission - **Jurisdiction:** Pennsylvania - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** PA Code / Title 3 / Chapter 93 / Section 9311 ## Text (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. (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 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. ent 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 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 racing entity, or an affiliate, intermediary, subsidiary or holding company thereof, for a period of two years from the termination of the 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. he 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 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 ## Nearby sections - [3 Pa.C.S. § 9301 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9301.md) - [3 Pa.C.S. § 9311 State Horse Racing Commission.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9311.md) - [3 Pa.C.S. § 9312 Additional powers of commission.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9312.md) - [3 Pa.C.S. § 9313 Budget.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9313.md) - [3 Pa.C.S. § 9314 Location.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9314.md) - [3 Pa.C.S. § 9315 Number of licensed racing entities.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9315.md) - [3 Pa.C.S. § 9316 Department of Revenue.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9316.md) - [3 Pa.C.S. § 9317 Allocation of racing days.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9317.md) - [3 Pa.C.S. § 9318 Licenses for horse race meetings.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9318.md) - [3 Pa.C.S. § 9319 Code of conduct.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9319.md) - [3 Pa.C.S. § 9320 Financial interests.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9320.md) - [3 Pa.C.S. § 9321 Officials at horse race meetings.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9321.md) - [3 Pa.C.S. § 9322 Secondary pari-mutuel organization.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9322.md) - [3 Pa.C.S. § 9323 Occupational licenses for individuals.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9323.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T3_C93_S9311. Check the current official text before relying on it. Not legal advice.