CHAPTER 228

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, Title 28, Delaware Code, is amended by striking out all of subsections (c), (d) and (e) thereof, and inserting in lieu thereof the following:

§ 322. Application; rejection; award of dates and maximum racing days

(c) The Commission shall, upon application to it, and on or before the 15th day of January of each year, award dates for racing within the respective counties of this State for the current year. The dates so awarded for racing to be conducted in any one county shall not exceed 61 days in the aggregate in which racing will be conducted in any one county in this State and the decision of the Commission on the award of dates shall be final. Dates awarded in any one county shall be used by the licensee in that county for racing in that county only.

(d) No more than two racing meets shall be held in any one county in any one year.

(e) The Commission may meet subsequently to the 15th day of January of each year and award dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter.

(f) No part of this chapter shall be construed to apply to harness horse racing or harness horse races.

Section 2. § 366, Title 28, Delaware Code, is amended by striking out all of said section and inserting in lieu thereof the following:

parimutuel and totalizer pools to the licensee operating a racing meet, 81/2% of the total contributions to all parimutuel and totalizer pools conducted or made at the racing meet, and at every race or meeting, plus one-half of the odd cents of all redistributions to be made on all parimutuel and totalizer pool contributions exceeding the sum equal to the next lowest multiple of 10, such odd cents to be calculated on the basis of each dollar wagered.

(b) In addition to the commissions authorized to the licensee under subsection (a) of this section, the licensee shall have the right to retain further commissions of not exceeding 1% of the total contributions to the parimutuel and totalizer pools, the first one-half of 1% of said additional commission of 1% to be used or allocated for purses and/or other payments to owners and trainers of horses participating in a race meeting; and the remaining one-half of 1% of said additional commission of 1% to be used or allocated, subject to approval of the Commission, for the servicing and repayment of debt and/or for past, present or future capital improvements.

Approved January 2, 1968.