CHAPTER 23

DELAWARE HARNESS RACING COMMISSION

AN ACT TO AMEND CHAPTER 303, VOLUME 45, LAWS OF DELAWARE, AS AMENDED, ENTITLED, "AN ACT TO PROVIDE FOR THE REGULATION, CONTROL AND LICENSING OF HARNESS HORSE RACING IN THE STATE OF DELAWARE, WITH REFERENCE TO THE MEMBERSHIP OF THE DELAWARE HARNESS RACING COMMISSION, THE AWARDING OF DATES FOR HARNESS HORSE RACING IN THE STATE OF DELAWARE, AND CHANGING CERTAIN WORDS IN SAID ACT."

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 303, Volume 45, Laws of Delaware, 1945, as amended, be and the same is hereby further amended, by striking out and repealing, all of Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, thereof, and inserting and enacting in lieu thereof respectively the following new Sections to be known as Section 2, Section 3, Section 4, Section 5, Section 6 and Section 7.

Section 2. The said Commission shall consist of three (3) members, one from each County of the State, who shall be appointed by the Governor of the State of Delaware, not more than two (2) of said members to be of the same political party. The member of said Commission heretofore appointed by the Governor, shall continue as one of the members of said Commission until his term of office expires. In addition to the member heretofore appointed, two additional members shall be appointed by the Governor, who shall be bona fide residents of the County for which they are respectively appointed. Both the member from New Castle County and the one from Sussex County shall be appointed by the Governor of the State of Delaware, for six years; each of said members shall be at least thirty years of age, next preceding his appointment. The two additional members to be appointed by the Governor under this Amended Act shall be appointed immediately after this Act is passed and approved by the Governor; each to serve six years from the time of their appointment and qualification and shall serve until his or their successor or successors shall be appointed and qualified.

Vacancies in said Commission for any reason other than expiration of term of office shall be filled by the Governor for the unexpired term of any of the members of this Commission. The Governor shall appoint a bona fide resident of the proper County for a full term of six years when there is a vacancy by reason of expiration of term.

The Governor shall remove any or all of said members of this Commission for inefficiency, neglect of duty or misconduct in office, first giving to him or them, a copy of the charges filed against him or them and an opportunity of being publicly heard in person or by counsel in his or their defense upon not less than ten (10) days' written notice. If any member or members of said Commission, shall be removed from said office, the Governor shall file in the office of the Secretary of State of Delaware, a complete statement of all charges made against said member or members of said Commission and his findings thereof, together with a complete record of the proceedings. No person shall be eligible for appointment by the Commission or hold any position under the Commission, who at the time of his assumption of office shall hold any official relation to any association or corporation engaged in or conducting of Harness Horse Racing within the State of Delaware.

Section 3. Before entering upon the discharge of the duties of office as a member of this Commission, each member of the Commission shall take an oath that he will well and faithfully execute all and singular the duties appertaining to his or their office according to the Laws of the State of Delaware and the rules and regulations adopted by the Commission therewith, and shall give bond to the State of Delaware with personal or corporate surety or sureties approved by the Governor in the penal sum of Twenty-five Thousand Dollars ($25,000.00) with the condition, that he will well and faithfully execute and perform all and singular the duties appertaining to his office according to the Laws of the State of Delaware, and the rules and regulations adopted in accordance therewith. Every such bond

when duly executed and approved, shall be filed in the office of the Secretary of State of the State of Delaware, and certified copies under the seal of the said Secretary of State may be used as evidence in any Court of this State. It shall be the duty of the Governor at all times when, in his opinion, the surety or sureties of any or all of said members of said Commission shall become or are likely to become invalid or insufficient, to demand and require such member or members of said Commission forthwith to renew his bond to the State of Delaware with surety or sureties to be approved by the Governor, in the penalty and according to the form prescribed in this Section. Any member of said Commission who shall fail to take oath and give bond with surety or sureties as aforesaid within thirty (30) days of his or their appointment, or who shall fail to renew his bond with surety or sureties as aforesaid within thirty days after the same have been demanded and required by the Governor, shall be deemed to be guilty of "neglect of duty" and shall be removable as hereinbefore provided.

Section 4. The Commission shall establish and maintain an office or offices at such time and places within the State of Delaware as the Commission shall determine. The members of the Commission shall be entitled to their reasonable expenses for traveling to and from such office or offices on official business. The Commission may appoint such officers, clerks, stenographers, inspectors and all other employees as they deem necessary, all of whom shall serve during the pleasure of said Commission. The Secretary of said Commission shall keep a record of all proceedings of the Commission, and shall preserve all books, maps, documents and papers belonging to the Commission or entrusted to its care, and perform such other duties as the Commission may prescribe. The Commission shall make an annual report to the Governor on or before the first day of January in each and every year, which report shall include a statement of receipts and disbursements by the Commission, and any and all additional information and such recommendations which the Commission may deem of value.

Section 5. The salary of the Commissioners shall be One Dollar ($1.00) per year. The salaries of clerks and other employees of the Commission, and the rental of offices and other expenses of the Commission, which expenses shall be deemed to include the premiums on surety or corporate bonds of the members of the Commission as required in Section 3 hereof, shall not exceed the sum of Six Thousand Dollars ($6,000.00) per annum.

Any person or persons, associations or corporations, upon applying to the Commission for a license to conduct a Harness Race meeting within the State of Delaware during any calendar year, shall, at the time of making such application, pay to the said Commission, a fee of Five Hundred Dollars ($500.000).

Any person, associations or corporations who shall be granted a license by the Commission to conduct a Harness Race meeting within the State of Delaware, within any calendar year, shall at the time such license is granted, pay to the said Commission an additional fee of Two Hundred and Fifty Dollars ($250.00).

Section 6. This Act shall apply to Harness Horse Races upon which wagering or betting is conducted as herein provided.

Section 7. Any person or persons, association or corporation, desiring to conduct a Harness Horse Race meet within the State of Delaware during any calendar year, shall apply to the Commission for a license so to do. Such application shall be filed with the Commission on or before a day fixed by the Commission. Such application shall specify the days on which such Harness Horse Racing is desired to be conducted or held, and such application shall be in such form and supply such data and information, including a blue print of the track and specifications of surface of same and a blue print and specifications of buildings and grandstand of the applicant as the Commission may prescribe, which said blue prints and specifications shall be subject to the approval of the Commission, which, at the expense of the applicant may order such engineering examination thereof as to the Commission may seem necessary. The erection and construction of the track, grandstand and buildings of any applicant for a license to conduct Harness Horse Racing under this Act, shall be subject to the inspection of the Commission, which may order such engineering examination thereof as to the Commission may seem necessary at the expense of the applicant, and may employ such inspectors as the Commission may consider necessary for the said purpose. Said Commission shall, on or before the fifteenth day of January in each year, award all dates for Harness Horse Racing in the State of Delaware within the current year, but the said dates so awarded shall not exceed sixty days in the aggregate, and the decision of the Commission on the awards of all such dates shall be final. The Commission shall have power to reject any application for a. license for any cause which it may deem sufficient and the action of the Commission shall be final. Said Racing Commission shall on or before the fifteenth day of January of each year award all dates for Harness Horse Racing in the State of Delaware within the current year, but said dates so awarded shall not exceed twenty days in the aggregate for Kent County, twenty days for Sussex County and twenty days for New Castle County, and the decision of the Commission on the awarding of all such dates shall be final. No one person, association or corporation shall be given a license to conduct Harness Horse Racing for more than twenty days in one year, and no person, association or corporation shall be given a license to hold more than two meetings in any one year nor shall more than two meetings for Harness Horse Racing with an aggregate of twenty days, be held in any one year on any one track within the State of Delaware; provided, however, in the event that in any year only one application to the Delaware Harness Racing Commission for a license to conduct harness racing within the State of Delaware shall qualify for a license to conduct Harness Horse Racing within the State of Delaware who shall qualify for a license on or before the fifteenth day of January in said year, the Commission may authorize said sole licensee to hold one or more meetings for said year for an aggregate of sixty days.

Ten (10) days before any Harness Horse Racing meet may be held under this Act, the person or persons, association or corporation licensed to conduct the meet shall deposit with the Harness Horse Racing Commission, insurance against personal injury liability which may be sustained at such meet, said insurance to be in the amount approved by the Commission with premium or premiums prepaid.

Not less than five (5) days prior to the opening of any meet authorized by the Delaware Harness Racing Commission, the Commission, at the expense of the licensee for said meet, shall cause to be made an inspection of the track, grandstand and

buildings where said meet is to be held, and unless said track, grandstand and buildings where said meet is to be held are found to be safe for animals and persons, or are rendered safe thereafter and therefor prior to the opening of the meet, the license for said meet shall be withdrawn.

Section 2. That Section 10 of said Chapter 303, Volume 45, Laws of Delaware, be amended by striking out in the twenty-fourth line of the fifth paragraph of said Section, the word "member" and by inserting and enacting in lieu thereof the word "members."

Section 3. That all Acts and part of Acts inconsistent with any provisions of this Act be and the same are hereby repealed to the extent of, and only to the extent of, any such inconsistency or inconsistencies.

Approved April 5, 1949.