CHAPTER 144

FORMERLY

SENATE BILL NO. 327

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 28 AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REGULATION OF CERTAIN SPORTS AND AMUSEMENTS; AND PROVIDING FOR A DELAWARE GAMING CONTROL BOARD.

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

Section 1. Amend §1120, Chapter II, Title 28 of the Delaware Code by striking said section in its entirety.

Section 2. Amend Title 28 of the Delaware Code by adding thereto a new chapter, designated as Chapter 15, which new chapter shall read as follows:

"CHAPTER 15. DELAWARE GAMING CONTROL BOARD

SUBCHAPTER I. GENERAL PROVISIONS

§1501. Objectives and Functions

The primary objective of the Delaware Gaining Control Board, to which all other objectives and durposes are secondary, is to protect the public through the regulation and policing of sports, amuse nents and other activities which involve gambling and other practices which are unlawful except as permitted by lam. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints from the general public relating to practices of persons engaged in an activity regulated by this Chapter; shall adjudicate at formal complaint hearings; shall develop rules and regulations; and shall impose sanctions where necessary against persons or occupational groups regulated 1)y the Board.

§1302. Delaware Gaming Control Board.

(a) Composition.

The Delaware Gaming Control Board shall be equally divided between all sports, amusements and other activities under the Board's jurisdiction. Membership on the Board shall Include public members, and the number of public members shall not he less than one-fourth of the total Board membership. The Board shall annually elect a chairman from among its ,nembership.

(b) Qualifications.

No member shall, while serving on the Board, be an elected or appointed official of a professional association which represents or claims to represent an occupational group regulated by this chapter. During the period a member serves on the Board his primary business or occupational office shall be located within this State; and such member shall he fully qualified in the occupation or activity which he represents.

(c) Appointment; Term of Office.

All members of the Board shall he appointed by the Governor. All Board vacancies shall 'm filled by the Governor for the remainder of the term vacated, and successors shall have the same qualifications required for the original appointment. No member shall serve two consecutive full terms; provided however, that a member may succeed himself for a full term if such full term immediately follows a partial term where the member had been appointed to fill a vacancy. All terms shell be for a period of five years; and the terms of Board members shall be staggered in such manner ns will insure, as nearly as possible, an equal and uniform number of vacancies arising each year. The term of an appointed member shall expire on the date specified in the appointment, and the member shall no longer be eligible to participate in Board proceedings unless lawfully re-appointed. The chairman shall serve in that office for one year, and shall not succeed himself.

(d) Suspension and Removal.

A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. 4 member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(e) Compensation.

Board members shall he reimbursed for all expenses involved in each meeting, Including travel; and in addition shall receive not more than $40.00 each month, as compensation for all meetings attended in that month.

(f) Meetings and Quorum.

The Board shall !fleet at least once in each month of a calendar year and at such other times as the chairman deems necessary, or at the request of a majority of Board members. Advance notice of any special meeting shall be given to all members. A majority of members shall constitute a quorum. Any member who fails to attend three consecutive meetings, or who fails to attend at least half of all regular meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office.

(g) Records.

Minutes of all meetings shall be recorded and copies of the record shall be maintained by the Division of Business and Occupational Regulation. All matters relating to a hearing held pursuant to statute shall be recorded and transcribed by the Division.

(h) Conflict of Interest.

The provisions set forth for "employees" in §5855, Chapter 58, title 29 of the Delaware Code shall apply to all members of the Board, and to all agents and other persons appointed by or otherwise employed by the Board.

§1503. Powers and Duties.

The Gaming Control Board shall regulate persons involved in those sports, amusements and other activities which are placed within its jurisdiction, and which involve gambling. The Board shall have all of the rights, powers and duties formerly vested in the Bingo Control Commission."

Section 3. (a) The initial Gaming Control Board shall consist of three members appointed by the Governor: one person having expertise in the operation of bingo gaines, and t.vo public -nernbcrs. One public member shall be appointed for a term of three years, which term shall begin on July 1, 1981 whether or not the appointment is actually made on that date; one public member shall be appointed for a term of four years, which term shall begin on July 1, 1981; and the bingo member shall be appointed for a term of five years, which term shall begin on July 1, 1981.

(b) After the effective date of this Act, one or more new members shall be ridded to the Board each time the Board, by legislation, receives regulatory powers over an additional sport, amusement or other gambling-conneeLd activity. Of the new members, one shall represent the additional occupational group; and such new public members shall be added to the Board as will insure that public membership shall continue to constitute not less than one-fourth of the total Board membership.

Section 4. The provisions of this Act shall become effective sixty days after enactment into law.

Section 5. (a) The Division of Business and Occupational Regulation shall rnake a progress report to the Sunset Committee, on or before October 1, 1981 which shall:

(1) recommend a schedule specifying those fees which, in the best interest or the public, it deems necessary; the amount which in its opinion should be charged for each fee; and the reasoning or method used in reaching its determination.

(2) include the Division's recommendations relating to circumstances under which an occupational group should be regulated through licensure, certification, or registration.

(b) The Division shall rnake its Final Report, relating to the matters set forth in subsection (a) of this section, on or before January 15, 1982.

Section 6. (a) By October 1, 1981 the Gaming Control Board shall make a progress report to the Sunset Committee. The report shall include, among other things:

(1) suggested occupational entry and renewal standards for each occupational group it regulates; (2) a rough draft of the Board's proposed rules and regulations; (3) recommendations concerning statutory provisions which, in its opinion, are in the best interests of persons served by those regulated under Chapter 11 of Title 28; and provisions which should be eliminated from those Chapters.

(b) The Board shall make its Final Report to the Sunset Committee, relating to the matters set forth in subsection (a) of this Section, on or before February 1, 1982.

Approved July 13, 1981.