CHAPTER 143

FORMERLY

SENATE BILL NO. 323

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND VOLUME 62 DELAWARE LAWS CHAPTER 301, CHAPTER 3, CHAPTER 4 AND CHAPTER 5, TITLE 28 DELAWARE CODE RELATING TO HORSE RACING AND HARNESS RACING AND TO RE-ESTABLISH AND REORGANIZE THE DELAWARE RACING COMMISSION AND DELAWARE HARNESS RACING COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. The Delaware Racing Commission (established in Chapter 3 of Title 28 of the Delaware Code originally established in accordance by Volume 33, Chapter 62, Laws of Delaware) and the Delaware Harness Racing Commission (established in Chapter 5, Title 28, Delaware Code, originally established in accordance with Volume 45, Chapter 303, Laws of Delaware) which commissions are to be terminated on July 1, 1981 by Volume 62, Delaware Laws Chapter 301 (the Delaware Sunset Act) are hereby continued and re-established and are further reorganized in accordance with the provisions in this act and with the Authority granted to them by Chapters 3, 4 and 5, Title 28, Delaware Code.

Section 2. Amend §301, Chapter 3, Title 28, Delaware code by adding thereto a new subsection (g) to read as follows:

''(g) A member of the Delaware Harness Racing Commission shall serve as an ex-officio non-voting member of the Commission. Such ex-officio member shall be selected by the members of the Delaware Harness Racing Commission."

Section 3. Amend §301(a), Chapter 3, Title 28, Delaware Code by striking the words "the Delaware Racing Commission" as the same appear therein in their entirety and substituting in lieu thereof the following:

"the Delaware Thoroughbred Racing Commission".

Section 4. Amend §303, Chapter 3, Title 28 of the Delaware Code by adding at the end thereof the following:

"The Commission shall possess all necessary powers and duties to regulate the conduct of all participants in any thoroughbred racing meet authorized by the Commission within this State including, but not limited to, owners, trainers, assistant trainers, authorized agents, Jockeys, jockey's agents, stable agents, stable employees, stewards, racing officials, licensee's employees, or any employee of a person or concern contracting with the licensee to provide a service or commodity and which employment requires his presence on licensee's grounds during a racing meet, or veterinarian, farrier, dental technician, or supplier of food, tack, medication or horse feed. For this purpose, the Commission may promulgate and prescribe such rules and regulations as it may deem proper and necessary."

Section 5. Amend §305(a), Chapter 3, Title 28, Delaware Code by striking said subsection in its entirety and substituting in lieu of the following:

(a) The Commission shall meet at least once a year to set racing dates and at least once a month during the racing meets."

Section 6. Amend §328, Chapter 3, Title 28, Delaware Code by redesignating subsections (b) (e) (d) (e) (f) (g) (h) and (i) and as new subsections (e) (f) (g) (h) (I) (j) (k) and (I) respectively and adding three new subsections (b) (c) and (d) to read as follows:

"(b) The commission may use the services of the Thoroughbred Racing Protection Bureau and County, state or Federal law enforcement agencies.

(e) The Commission may authorize a licensee to appoint, subject to the approval and control of the commission: (1) Racing Officials (2) Chemists (3) Accountants (4) Engineers (5) Stewards and (6) Veterinarians and grant licences to all participants in the racing meet.

(d) No commissioner, racing official, steward, or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any race regulated by the commission, have any financial or primary interest In the outcome of any race regulated by the Commission, or have any financial interest in a thoroughbred horse race track or in the operation of any such track within this State."

Section 7. Amend §326, Chapter 3, Title 28 of the Delaware Code by striking said section in its entirety.

Section 8. Amend §328, Chapter 3, Title 28 of the Delaware Code by adding thereto a new subsection (k) to read as follows:

"(k) The Commission shall adopt regulations governing the operation of thoroughbred racing including the regulation of betting in connection therewith and the regulation of the conduct of all participants in any racing meet, to Insure the integrity and sectuity of the conduct of meetings held pursuant to this Chapter. Such regulations shall include provisions for disciplinary measures for violations thereof including the imposition of fines, suspension or revocation of licenses or permits, and ejection or expulsion from a licensee's premises. The Commission shall have the authority to impose a fine of up to five thousand dollars for any violation of its regulations. The stewards of a race meeting acting in accordance with such regulations if authorized by the Commission shall have the authority to impose disciplinary measures, including fines, suspension or revocation of licenses or permits, and ejection or exclusion from a licensee's premises. All fines imposed pursuant to this section shall be paid over to the general fund upon receipt by the Commission. A person fined or otherwise disciplined by the stewards of a racing meeting, shall have a right of appeal to the Commission and for a hearing before the Commission. Any person fined or otherwise disciplined by the Commission shall have a right of appeal to the Superior Court of the State of Delaware. The action of the Commission shall stand unless and until reversed by the court."

Section 9. Amend §502(a), Chapter 5, Title 28, Delaware Code by striking said sub-section in its entirety and substituting in lieu thereof the following:

"(a) the Delaware Harness Racing Commission is continued. The Commission shall consist of 4 members, 3 commissioners and one ex-officio member."

Section 10. Amend §502(b), Chapter 5, Title 28, Delaware Code by adding thereto the following:

"A member of the Delaware Thoroughbred Racing Commission shall serve as the ex-officio non-voting member of the Commission. Such member shall be selected by the members of the Delaware Thoroughbred Racing Commission.

Section 11. Amend §504, Chapter 5, Title 28, Delaware Code by adding at the beginning thereof the following:

"The Primary purpose of the Commission is to regulate and oversee the sport of harness racing, within this State in the public interest."

Section 12. Amend §506, Chapter 5, Title 28, Delaware Code by striking the first sentence thereof in its entirety and substituting in lieu thereof the following:

"The Commission shall establish and maintain offices at such places within this state and shall meet at least monthly during the period When any association is conducting a harness horse racing meet and at such other times as it deems necessary."

Section 13. Amend §507, Chapter 5, Title 28, Delaware Code by adding to the end thereof the following:

"Regardless of who pays the salary of such employees, the Commission shall determine and insure that such employees perform their duties in the public interest. No Commissioner, racing official, steward or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any rnce regulated by the Commission or have any finunical or pecuniary interest in the outcome of any race regulated by the Commission."

Section 14. Amend §402, Chapter 4, Title 28 of the Delaware Code by striking the words "Delaware Racing Commission", and substituting in lieu thereof "Delaware Thoroughbred Racing Commission".

Section 15. Amend §407, Chapter 4, Title 28 of the Delaware Code by striking said section in its entirety.

Section 15. Amend §409, Chapter 4, Title 28 of the Delaware Code by redesignating existing subsections (a) through (f) as (b) through (g) and adding the following new subsection:

"(a) The Commission shall adopt regulation governing the operation of thoroughbred racing including the regulation of betting in connection therewith and the regulation if the (conduct of all participants in any racing meet, to insure the integrity and security of the conduct of meetings held pursuant to this Chapter. Such regulations shell Include provisions fur disciplinary ,neasures for violations thereof including the imposition of fines, suspension or revocation of licenses or permits, and ejection or expulsioa from d licensee's premises. The Comini ;ion shall have the nighority impose fine of up to five thousand dollars for any violation of it regulations. The stewards of a race meeting acting in accordance with such regulations if authorized by the Commission shall have the authority to impose disciplinary measures, including fines, suspension or revocation of licenses or permits, and ejection or exclusion from a licensee' premises. All fines imposed pursuant to this section shall be paid over to the general fund upon receipt by the Commission. A person fined or otherwise disciplined by the stewards of a race meeting, shall have a right of appeal to the Commission and for a hearing before the Commission. Any person fined or otherwise disciplined by the Commission shall have a right of appeal to the Superior Court of the State of Delaware. The action of the Commission shall stand unless and until reversed by the Court. The Commission may request and receive assistance from, and rely upon information provided by, the Thoroughbred Racing Protective Bureau, and state or federal law enforcement agencies, in the investigation of any matters within its jurisdiction."

Section 17. Amend §461, Chapter 4, Title 28 of the Delaware Code by striking the words "Delaware Racing Commission" as the same appear therein and substituting in lieu thereof the words "Delaware Thoroughbred Racing Commission".

Approved July 13, 1981.