CHAPTER 300

RELATING TO HORSE RACING

AN ACT TO AMEND CHAPTER 3, TITLE 28, DELAWARE CODE, RELATING TO HORSE RACING.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 322 (c), Chapter 3, Title 28, Delaware Code, is amended by striking out all of said subsection (c) and substituting in lieu thereof the following:

(c) The Commission shall, on or before the 15th day of January of each year, award all dates for racing in this State within the current year, but the dates so awarded shall not exceed 55 days in the aggregate, and the decision of the Commission on the award of all dates shall be final.

Section 2. § 365, Chapter 3, Title 28, Delaware Code, is amended by striking out all of said section and substituting in lieu thereof the following:

§ 365. Tax on pari-mutual and totalizator pools

Every person engaged in the business of conducting a racing meet under this chapter shall pay as a tax to this State 41/2 per cent of the total contributions to all pari-mutuel and totalizator pools conducted or made on any and every race track licensed under this chapter and on every race at such track, plus one-half of the odd cents of all redistributions to be made on pari-mutuel or totalizator pool contributions exceeding the sum equal to the lowest multiple of 10, such odd cents to be calculated upon the basis of each dollar wagered. The tax shall be paid by certified check and shall be transmitted by the licensee to the Commission. If the Commission finds it correct it shall transmit the check to the State Treasurer.

Section 3. § 366 (d), Chapter 3, Title 28, Delaware Code, is amended by striking out all of subsection (d) and substituting in lieu thereof the following:

(d) In addition to the commissions authorized to the licensee under subsections (a) and (b) of this section (amounting in all to 41/2 per cent of the total contributions to the pari-mutuel or totalizator pools), the licensee shall have the right to retain further commissions of not exceeding 3 per cent of the total contributions to the:pari-mutuel or: totalizator pools, or, in its discretion any part of said such additional 3 per cent, and to use the further commissions of 3 per cent or part thereof for any lawful corporate purpose.

Section 4. This Act shall become effective January 1, 1958.

Approved December 20, 1957.