CHAPTER 21

FORMERLY

SENATE BILL NO. 30

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 28 OF THE DELAWARE CODE RELATING TO NO LIMIT TEXAS HOLD'EM POKER.

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

Section 1. Amend Chapter 18, Title 28 of the Delaware Code by striking the phrase "No Limit" wherever it occurs in said Chapter.

Section 2. Amend § 1802, Title 28 of the Delaware Code by adding the following definitions and re-designating the remaining subsections accordingly:

"(1) ‘Bookkeeper or Treasurer’ means anyone who receives, collects or counts currency, checks, credit and debit card transactions, prepares banking deposit slips, makes deposits of receipts to a financial institution, posts receipts to a ledger, or reconciles an entity’s financial statements.".

(2) ‘Sit and go’ means a single table game comprised of individuals who lost in the multi-table tournament.".

Section 3. Further Amend § 1802, Title 28 of the Delaware Code by striking subsection "(27)" and substituting in lieu thereof a new subsection "(27)" to read as follows:

"(27) ‘Re-buy’ also known as an ‘add-on’ means when a player is allowed to purchase additional chips at a predetermined fee.".

Section 4. Amend § 1802(32), Title 28 of the Delaware Code by striking the phrase "§17A or" as it appears therein.

Section 5. Amend § 1803(a), Title 28 of the Delaware Code by striking the word "licensing" as it appears therein and substituting in lieu thereof the word "permitting".

Section 6. Further Amend § 1803(a), Title 28 of the Delaware Code by adding the following sentence at the end of said subsection: "No more than one (1) tournament may be conducted at the same facility within the same day.".

Section 7. Further Amend § 1803(c), Title 28 of the Delaware Code by striking the word "license" as it appears therein and substituting in lieu thereof the word "permit".

Section 8. Further Amend § 1803(c), Title 28 of the Delaware Code by striking the word "licenses" as it appears therein and substituting in lieu thereof the word "permits".

Section 10. Amend § 1804(b)(1), Title 28 of the Delaware Code by striking the period "." at end of said subsection and substituting in lieu thereof the phrase "or add-ons".

Section 11. Amend § 1804(b)(2), Title 28 of the Delaware Code by adding the following sentence at the end of said subsection: "The tournament director shall be permitted to provide for the reasonable accommodation(s) of those individual(s) with special need(s).".

Section 12. Amend § 1804(b)(3), Title 28 of the Delaware Code by adding the following sentence at the end of said subsection: "Players who lost in the multi-table tournament are then eligible to participate in a sit and go game.".

Section 13. Amend § 1804(b)(8), Title 28 of the Delaware Code by adding the word "sealed" before each occurrence of the word "deck" or "decks" in this subsection.

Section 14. Amend § 1809(a), Title 28 of the Delaware Code by inserting the phrase "Board approved" before the word "mechanical" and after the phrase "game, a".

Section 15. Amend § 1809(b), Title 28 of the Delaware Code by striking "an" after the word "game" and substituting in lieu thereof the phrase "a Board approved".

Section 16. Amend § 1825, Title 28 of the Delaware Code by striking the word "shall" after the phrase "A player" and before the word "be" and substituting in lieu thereof the word "may".

Section 17. Further Amend § 1825, Title 28 of the Delaware Code by inserting the phrase "or add-ons" after the phrase "2 re-buys" and before the phrase "per tournament".

Section 18. Further Amend § 1825, Title 28 of the Delaware Code by inserting the phrase "or add-ons" after the phrase "Each re-buy" and before the phrase "fee shall".

Section 19. Further Amend § 1825, Title 28 of the Delaware Code by inserting the phrase "or add-on" after the phrase "When a re-buy" and before the word "occurs".

Section 20. Further Amend § 1825, Title 28 of the Delaware Code by inserting the phrase "or third party vendor" after the phrase "sponsoring organization" and before the word "with".

Section 21. Further Amend § 1825, Title 28 of the Delaware Code by striking the period "." at the end of said section and substituting in lieu thereof the phrase "or hole punch".

Section 22. Amend § 1825, Title 28 of the Delaware Code by adding a new Section designated as "§ 1825 (a)" to read as follows:

"(a) Sit and go games. Only those individuals who lost in the multi-table tournament may participate in a sit and go game. The entry fee for a sit and go game shall not exceed one half the cost of that tournament’s multi-table entry fee. No re-buy or add-on shall be permitted at any sit and go game. The house rules, consistent with this Chapter, shall govern the award of prizes for sit and go games.".

Section 23. Amend § 1826(2), Title 28 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new subsection "(2)" to read as follows:

"(2) The amount of the entry fee. The rules must also expressly state whether or not re-buys or add-ons will be permitted, and if permitted, under what circumstances and conditions.".

Section 24. Amend § 1827, Title 28 of the Delaware Code by striking the number "4" as it appears therein and substituting in lieu thereof the number "5".

Section 25. Further Amend § 1827, Title 28 of the Delaware Code by adding the word "calendar" after the word "per" and before the word "year.".

Section 26. Further Amend § 1827, Title 28 of the Delaware Code by striking the number "75" as it appears therein and substituting in lieu thereof the number "70".

Section 27. Further Amend § 1827, Title 28 of the Delaware Code by adding the following phrase after the word "hours" as it appears therein: and may not continue after 1:00 a.m.".

Section 28. Amend § 1828, Title 28 of the Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following: "§ 1828. Prize amount. The value of prizes shall be prescribed by the rules and regulations of the Board.".

Section 29. Amend § 1832(a), Title 28 of the Delaware Code by inserting the phrase "bookkeepers or treasurers" after the phrase "as dealers," and before the phrase "as defined in.".

Section 30. Amend § 1832(b), Title 28 of the Delaware Code by adding the following sentence at the end of said subsection: "The Division of Professional Regulation investigators may access the state criminal history databases for the purpose of reviewing the criminal history of any individual licensee.".

Section 31. Amend § 1832(d)(3), Title 28 of the Delaware Code by striking the period "." at the end of said subsection and substituting in lieu thereof the phrase: "and may then be appealed to the Superior Court under 29 Del. C. § 10142.".

Section 32. Amend § 1833(a), Title 28 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) Any entity or organization that violates this chapter or any rule or regulation duly promulgated there under, or any condition of a license issued pursuant to § 1832 of this Title, or any administrative order issued pursuant to this Chapter, or who is involved in any way in a poker game not permitted or licensed by the Board, shall be punishable as follows and in addition to any criminal penalties that may result from such violations:".

Section 33. Amend § 1834(a), Title 28 of the Delaware Code by striking the word "Thirty" as it appears therein and substituting in lieu thereof the word "Ninety".

Section 34. Amend § 1835(b), Title 28 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(b) Sponsoring organizations shall contract with the licensed third party vendor(s) with terms to be worked out between the parties. However, no licensed third party vendor shall receive a gross aggregate compensation based on a percentage of what the sponsoring organization receives in fees for that tournament, including entry fees and re-buy fees or add-on fees and sit and go games.".

Approved May 14, 2009