CHAPTER 421

FORMERLY

HOUSE BILL NO. 579

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SECTION 1405, TITLE 11 OF THE DELAWARE CODE, RELATING TO THE EXCEPTIONS TO THE OFFENSE OF POSSESSING A GAMBLING DEVICE.

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

Section 1. Amend § 1405(c), Title 11 of Delaware Code, by striking paragraph (2) thereof in its entirety and by substituting in lieu thereof a new paragraph to read:

"(2) Any slot machine or gambling device which is manufactured (including without limitation the retrofitting or alteration of a finished machine or device), assembled, transported, kept, exhibited, managed, placed, or possessed by a person within this State or which is the subject of any negotiation which involves a transaction affecting or designed to affect the ownership, custody, or use of such machine or device by such person in this State where:

(A) Such person is duly licensed to conduct a manufacturing or other business in this State; and

(B) Such person is registered in accordance with the federal Gambling Devices Act of 1972 as amended (15 U.S.C. 1171 et seq.) and is in the business of designing, assembling, manufacturing, selling, supplying, repairing, or retrofitting slot machines, gambling devices, or component parts thereof exclusively for lawful possession and use."

Section 2. Amend Section 1405, Title 11 of Delaware Code, by adding thereto a new subsection (e), which subsection shall read:

"(e) For purposes of this Section, a "video lottery machine" as defined in § 4803(g) of Title 29, Delaware Code, which is owned or leased by the State for use in the Delaware video lottery shall not constitute either a slot machine or a gaming device."

Approved June 30, 1996