CHAPTER 254

FORMERLY

SENATE BILL NO. 345

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 3, CHAPTERS 100 AND 101 OF THE DELAWARE CODE RELATING TO THE NUMBER OF HARNESS HORSE RACING DAYS AND THE SIMULCASTING OF HARNESS HORSE RACES.

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

Section 1. Amend Chapter 100, Title 3, Delaware Code by striking the first sentence of §10023(c) in its entirety, and by substituting in lieu thereof the following:

"The Commission shall, on or before the 15th of September of the year preceding that for whfich a license is desired, award all dates for harness horse racing in this State for the succeeding year; but the dates so awarded shall not exceed 340 days for any one licensee, but may exceed more than 340 days in the aggregate for all licensees. To the extent a licensee under this Chapter conducts harness horse races during a given year, it shall, at a minimum, subject to the availability of racing stock, conduct live harness horse races on the same number of days as the licensee conducted live harness horse races between September 1, 1991 and April 1, 1992."

Section 2. Amend Chapter 101, Title 3, Delaware Code by adding the

following sentence at the end of §10142:

This prohibition against racing after sundown shall not apply to a display by a licensee under this Chapter of:

simulcasts of harness horse races conducted in this State,
provided that no such simulcasts shall be displayed without the prior written consent of all licensees under Chapter 100 of this Title; and,

simulcasts of harness horse races conducted outside of this State where such racing is legal, provided that no such simulcasts shall be displayed without the prior written consent of all licensees under Chapter 100 of this title. Such consent may, if at all, be obtained upon such terms and conditions as are mutually agreeable among the parties.

In the event that all or any part of subsection (2) of this section 10142 shall be declared, by a court of competent jurisdiction, to be violative of any provision of federal law (including but not limited to the United States Constitution) or of the Constitution of this State, then, in such event, said subsection (2) shall be void in its entirety."

Approved May 20, 1992.