CHAPTER 164

FORMERLY

HOUSE BILL NO. 501

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 3 AND CHAPTER 4, TITLE 28, DELAWARE CODE RELATING TO THE STATE TAX ON TOTAL CONTRIBUTIONS TO PARI-MUTUEL AND TOTALIZATOR POOLS CONDUCTED OR MADE AT HORSE RACING TRACKS IN KENT COUNTY AND THE LICENSEE'S COMMISSION ON SUCH POOLS.

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

Section 1. Amend §445, Chapter 4, Title 28, Delaware Code by striking said section in its entirety and inserting in lieu thereof a new §445 to read as follows:

"§445. Tax on pari-mutuel and totalizator pools.

(a) Every person engaged in the business of conducting a horse 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% if the total daily contributions to such pools do not exceed $400,000;

(2) 3% if the total daily contributions to such pools exceed $400,000 but do not exceed $600,000;

(3) 507o if the total daily contributions to such pools exceed $600,000.

The tax shall be computed daily and shall be paid by a 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.

(b) In addition to the other taxes required by this Section, every person engaged in the business of conducting a harness racing meet under this Chapter shall pay as a tax to this State two percent of the total contributions to all special pari-mutuel and totalizator pools conducted or made on each racing day on any and every race track licensed under the Chapter. Special pari-mutel and totalizator pool means a separate wagering pool in which an interest is represented by a single wager on two or more horses, and shall include, but not be limited to daily doubles, exactas, quinellas, perfectas, tri-perfectas, twin doubles, and big exactas."

Section 2. Amend §446, Chapter 4, Title 28, Delaware Code by striking said section in its entirety and inserting in lieu thereof a new §446 to read as follows:

"§446. Licensee's commissions on pari-mutuel and totalizator pools.

(a) The commission shall authorize commissions pursuant to subsection (b) of this section on pari-mutuel or totalizator pools to all licensees operating 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 that meet, plus 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 multiple of ten, such odd cents to be calculated upon the basis of each dollar wagered."

(b) IF TOTAL DAILY

CONTRIBUTIONS TO SUCH COMMISSION POOLS ARE:

161/2Wo

$1.00 to $400,000

141/2%

$400,001 to $600,000

121/2%

over $600,000"

Approved July 1, 1975