CHAPTER 20

FORMERLY

HOUSE BILL NO. 204

AN ACT TO AMEND CHAPTER 5, TITLE 28, DELAWARE CODE, ALSO BEING CHAPTER 4, VOLUME 60, LAWS OF DELAWARE RELATING TO PARI-MUTUEL AND TOTALIZATOR POOLS AT HARNESS RACING TRACKS.

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

Section 1. Amend Section 555(a) of Chapter 5, Title 28, Delaware Code by striking said paragraph (a) in its entirety and substitute a new paragraph (a) to read as follows:

"(a) Every person engaged in the business of conducting a harness racing meet under this Chapter shall pay as a tax to this State a percentage of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every race track licensed under this Chapter and on all races that day at such track.

The percentage of such pari-mutuel and totalizator pools to be paid as such tax shall be as follows:

(1) 1-1/2% if the total daily contributions to such pools do not exceed $400,000, plus 1/2 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. If a minus pool is created, the association may break to the lowest multiple of 5.

(2) 3-1/2% if the total daily contributions to such pools exceed $400,000 but do not exceed $600,000, plus 1/2 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. If a minus pool is created, the association may break to the lowest multiple of 5.

(3) 6% if the total daily contributions to such pools exceed $600,000, plus 1/2 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. If a minus pool is created, the association may break to the lowest multiple of 5.

The tax shall be computed daily and shall be paid by certified check on a weekly basis. Each check shall be transmitted by the licensee to the Secretary of Finance no later than Wednesday following the week for which the tax is due."

Section 2. Amend Section 556(a), Chapter 5, Title 28, Delaware Code, by striking said subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The commission shall authorize commissions pursuant to subsection (b) of this section on pari-mutuel or totalizator pools to all licensees dperating a racing meet pursuant to this Chapter. The commission shall be a portion of the total daily contributions to all pari-mutuel or totalizator pools conducted or made at the racing meet and at every race at the meet, plus 1/2 of the odd cents of all redistributions to be made on all pari-mutuel or totalizator pool contributions, exceeding the sum equal to the next lowest of ten, such odd cents to be calculated upon the basis of each dollar wagered."

Section 3. This Act shall take affect immediately upon the Governor's signature.