TITLE 3

Agriculture

Horse Racing

CHAPTER 100. HARNESS RACING

Subchapter III. Regulatory Provisions, Offenses and Penalties


This chapter shall apply to harness horse races upon which wagering or betting is conducted in accordance with subchapter IV of this chapter. Racing under this chapter shall be limited to harness horse racing or harness horse races. No part of this chapter shall be construed to apply to the racing of horses on the flat or running races; provided, however, that simulcasts of the racing of horses on the flat or running races or harness horse races which are displayed within the enclosure of any harness horse race meeting shall constitute harness horse racing within said enclosure.

45 Del. Laws, c. 303, §§ 6, 10, 14; 47 Del. Laws, c. 23, § 1; 28 Del. C. 1953, § 541; 64 Del. Laws, c. 21, § 4; 66 Del. Laws, c. 303, § 261(a).;

Ten days before any harness horse racing meet may be held under this chapter those licensed to conduct the meet shall deposit with the Commission a policy of insurance against personal injury liability which may be sustained at the meet. The insurance shall be in an amount approved by the Commission, with premium prepaid.

45 Del. Laws, c. 303, § 7; 47 Del. Laws, c. 23, § 1; 28 Del. C. 1953, § 542; 66 Del. Laws, c. 303, § 261(a).;

No salary, fee or compensation exceeding the sum of $2,000 shall be paid in any calendar year by any person licensed under this chapter, except to officials or employees actively engaged in the operations incident to the holding of the harness racing meet or in the maintenance of the racing plant.

45 Del. Laws, c. 303, § 10; 28 Del. C. 1953, § 543; 66 Del. Laws, c. 303, § 261(a).;

All officers of the law shall cooperate with the Commission for the proper enforcement of this chapter.

45 Del. Laws, c. 303, § 13; 28 Del. C. 1953, § 544; 66 Del. Laws, c. 303, § 261(a).;

Whoever aids or abets in the conduct of any meet within this State at which harness horse racing or harness races are permitted for any stake, purse or reward and upon which wagering or betting is conducted as provided in this chapter, except in accordance with a license duly issued and unsuspended or unrevoked by the Commission, shall be fined not less than $575 and not more than $11,500 for each day of such unauthorized meeting, or imprisoned.

45 Del. Laws, c. 303, § 13; 28 Del. C. 1953, § 545; 66 Del. Laws, c. 303, § 261(a); 68 Del. Laws, c. 9, § 69.;

(a) Whoever, being a licensee, fails or refuses to pay the amount found to be due by the Department of Finance as the tax on admissions shall be fined not more than $28,750 in addition to the amount due the Department of Finance.

(b) All fines up to the amount found to be due the Department of Finance and paid into court by a licensee found guilty of violating this section shall be transmitted and paid over by the clerk of the court to the Department of Finance.

45 Del. Laws, c. 303, § 11; 28 Del. C. 1953, § 546; 57 Del. Laws, c. 741, § 30B; 66 Del. Laws, c. 303, § 261(a); 68 Del. Laws, c. 9, § 70.;

During any calendar year in which a licensee under this chapter has also been licensed by the Director of the State Lottery Office to maintain video lottery machines within the confines of a racetrack licensed under this chapter, the following rules shall apply:

(1)a. As to each racetrack so licensed by the Director of the State Lottery Office, the licensee shall, at a minimum, subject to the availability of racing stock, force majeure, casualty, and other circumstances beyond the reasonable control of the licensee, conduct live harness horse races on:

1. At least 80 days if the licensee conducted more than 40 days of live harness horse races during 1992, or

2. At least 60 days if the licensee conducted 40 or fewer days of live harness horse races during 1992.

b. The obligation set forth in paragraph a. of this subsection to increase the number of days upon which live harness horse races must be conducted shall be contingent upon:

1. The licensee receiving the necessary approvals from the Commission and any approvals required from the contracted horsemen's association to conduct year-round inbound and outbound simulcasting,

2. The licensees continuing to be licensed under Chapter 48 of Title 29 as a video lottery agent, and

3. No authorization of any increase in the number of video lottery agents.

c. Each licensee shall also employ during the live racing operations a minimum of 50 additional employees than the average daily number employed during the most recent racing meet held prior to July 16, 1994. The licensee's continued failure to substantially comply with this requirement after notice from the Director shall be grounds for revocation or suspension of the video lottery agent's license.

(2) An amount calculated pursuant to § 4815(b)(3) of Title 29 shall be added to the purses for the races to be held at the licensee's racetrack. The allocation of said sums among the races to be held at the licensee's racetrack shall be in accordance with contracts currently in force with the Horsemen's Association recognized for purposes related to the allocation of purses, if applicable; provided, that all such sums shall have been allocated no later than the end of the calendar year immediately following the calendar year of receipt of said sums by the licensee.

69 Del. Laws, c. 446, § 22; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 253, § 12; 77 Del. Laws, c. 219, § 28.;

During any calendar year in which a licensee under this chapter has also been licensed by the Director of the State Lottery Office to maintain video lottery machines within the confines of a racetrack licensed under this chapter, the following rules shall apply:

(1)a. As to each racetrack so licensed by the Director of the State Lottery Office, the licensee shall, at a minimum, subject to the availability of racing stock, force majeure, casualty, and other circumstances beyond the reasonable control of the licensee, conduct live harness horse races on:

1. At least 80 days if the licensee conducted more than 40 days of live harness horse races during 1992, or

2. At least 60 days if the licensee conducted 40 or fewer days of live harness horse races during 1992.

b. The obligation set forth in paragraph a. of this subsection to increase the number of days upon which live harness horse races must be conducted shall be contingent upon:

1. The licensee receiving the necessary approvals from the Commission and any approvals required from the contracted horsemen's association to conduct year-round inbound and outbound simulcasting,

2. The licensees continuing to be licensed under Chapter 48 of Title 29 as a video lottery agent, and

3. No authorization of any increase in the number of video lottery agents.

c. Each licensee shall also employ during the live racing operations a minimum of 50 additional employees than the average daily number employed during the most recent racing meet held prior to July 16, 1994. The licensee's continued failure to substantially comply with this requirement after notice from the Director shall be grounds for revocation or suspension of the video lottery agent's license.

(2) An amount calculated pursuant to § 4815(b)(4) of Title 29 shall be added to the purses for the races to be held at the licensee's racetrack. The allocation of said sums among the races to be held at the licensee's racetrack shall be in accordance with contracts currently in force with the Horsemen's Association recognized for purposes related to the allocation of purses, if applicable; provided, that all such sums shall have been allocated no later than the end of the calendar year immediately following the calendar year of receipt of said sums by the licensee.

69 Del. Laws, c. 446, § 22; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 253, § 12; 77 Del. Laws, c. 219, § 28; 79 Del. Laws, c. 311, § 1.;

Whoever makes a false written statement which he/she knows to be false or does not know to be true in a written document filed with, registered or recorded in or otherwise a part of the records of the Delaware Harness Racing Commission, the Commission's designee or a licensee conducting a harness racing meet under this chapter shall be guilty of a class A misdemeanor as defined in Title 11.

71 Del. Laws, c. 58, § 1.;

Notwithstanding the provisions of § 10049 of this chapter, whoever makes a false written statement which he/she knows to be false or does not know to be true in a certificate of registration issued by the United States Trotting Association, in any application for such a certificate of registration or in any eligibility documents issued by the United States Trotting Association shall be guilty of a class G felony as defined in Title 11.

71 Del. Laws, c. 58, § 2.;