TITLE 3

Agriculture

Horse Racing

CHAPTER 101. HORSE RACING

Subchapter I. Delaware Thoroughbred Racing Commission


(a) The Delaware Thoroughbred Racing Commission (the Commission) shall consist of 5 members, hereafter in this chapter referred to as "Commissioners," to be appointed by the Governor. The Thoroughbred Racing Commission and all employees in positions authorized in the Annual Appropriations Act assigned to the Thoroughbred Racing Commission shall report directly to the Secretary.

(b) Not more than 3 Commissioners shall be of the same political party. One Commissioner shall be appointed from each county of the State and shall be a bona fide resident of the county for which appointed. Each Commissioner shall be a qualified voter of this State, shall be not less than 30 years of age and shall have been a resident of this State for a period of at least 2 years prior to his appointment. No person shall be appointed to the Commission nor be an employee thereof nor officiate at pari-mutuel meetings conducted in this State who is licensed or regulated, directly or indirectly, by the Commission other than for the position to which such person is appointed nor shall such person have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in any firm, association or corporation so licensed or regulated or which participates in pari-mutuel meetings in any manner nor shall such person participate in pari-mutuel meetings in any manner other than in such person's official capacity. No person shall be a member of the Commission who is not of good moral character or who has been convicted of, or is under indictment for, a felony under the laws of Delaware or any other state, or the United States.

(c) The term of office of each Commissioner shall be 6 years from July 17 in the year of the Commissioner's appointment and until the Commissioner's successor shall qualify. In case any Commissioner is allowed to hold over after the expiration of the Commissioner's term, the Commissioner's successor shall be appointed for a term to expire on the date on which it would have expired had there been no holding over.

(d) The Governor shall designate 1 Commissioner to be Chairperson of the Commission and another Commissioner to be Secretary of the Commission.

(e) Members of the Thoroughbred Racing Commission shall receive a $150 stipend for each meeting. The Chairperson of the Commission shall receive $250 per meeting. The Commission shall meet no more than 16 times per year. Each Commissioner shall be entitled to be paid his or her reasonable expenses for attending any meeting of the Commission.

(f) Vacancies in the Commission shall be filled by the Governor by appointment for the unexpired term. Each Commissioner shall be eligible for reappointment, in the discretion of the Governor.

(g) [Repealed.]

38 Del. Laws, c. 62, §§ 1, 2, 4, 5; 40 Del. Laws, c. 112, § 1; Code 1935, §§ 5496, 5497, 5499, 5500; 41 Del. Laws, c. 219; 47 Del. Laws, c. 47; 28 Del. C. 1953, § 301; 63 Del. Laws, c. 143, §§ 2, 3; 63 Del. Laws, c. 390, § 6; 66 Del. Laws, c. 171, § 1; 68 Del. Laws, c. 84, § 173(a); 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 94, § 282; 73 Del. Laws, c. 74, § 309; 75 Del. Laws, c. 89, § 305; 79 Del. Laws, c. 70, § 1.;

(a) The Governor may remove any Commissioner for inefficiency, neglect of duty or misconduct in office, giving to the Commissioner a copy of the charges against him or her and an opportunity of being publicly heard in person or by counsel in his or her own defense upon not less than 10 days' written notice.

(b) If the Commissioner is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the Commissioner and the Governor's findings thereof, together with a complete record of the proceedings.

38 Del. Laws, c. 62, § 2; Code 1935, § 5497; 28 Del. C. 1953, § 302; 68 Del. Laws, c. 84, § 173(a); 70 Del. Laws, c. 186, § 1.;

(a) The Commission shall have the powers and duties specified in this chapter, as well as the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter.

(b) The jurisdiction, supervision, powers and duties of the Commission shall extend under this chapter to any and all person or persons, associations or corporations who or which shall hold or conduct any meeting within this State at which horse racing is permitted for any stake, purse or reward.

(c) The Commission shall possess all necessary powers and duties to regulate the conduct of all participants in any thoroughbred and/or Arabian racing meet authorized by the Commission within this State including, but not limited to, owners, trainers, assistant trainers, authorized agents, jockeys, jockey's agents, stable agents, stable employees, stewards, racing officials, licensee's employees or any employee of a person or concern contracting with the licensee to provide a service or commodity and which employment requires his presence on licensee's grounds during a racing meet, or veterinarian, farrier, dental technician or supplier of food, tack, medication or horse feed. For this purpose, the Commission may promulgate and prescribe such rules and regulations as it may deem proper and necessary.

38 Del. Laws, c. 62, § 1; Code 1935, § 5496; 28 Del. C. 1953, § 303; 63 Del. Laws, c. 143, § 4; 64 Del. Laws, c. 266, § 1; 68 Del. Laws, c. 84, § 173(a).;

(a) Before entering upon the discharge of the duties of the Commissioner's office, each Commissioner shall take oath that he or she will well and faithfully execute all and singular the duties appertaining to his or her office according to the laws of this State and the rules and regulations adopted in accordance therewith and shall give bond to the State with personal or corporate surety or sureties approved by the Governor in the penal sum of $25,000, with the condition that he or she will well and faithfully execute and perform all and singular the duties appertaining to his or her office according to the laws of this State and the rules and regulations adopted in accordance therewith.

(b) Every bond, when duly executed and approved, shall be filed in the office of the Secretary of State, and certified copies under the seal of the Secretary of State may be used as evidence in any court of this State.

(c) The Governor shall at all times when, in his or her opinion, the surety or sureties of any Commissioner has become or is likely to become invalid or insufficient, demand and require the Commissioner forthwith to renew his or her bond to the State with surety or sureties to be approved by the Governor in the penalty and according to the form prescribed in this section.

(d) Any Commissioner who fails to take oath and give bond with surety or sureties as required by this section within 30 days of his or her appointment or who fails to renew his or her bond with surety or sureties within 30 days after the same has been demanded and required by the Governor shall be guilty of neglect of duty and shall be removable as provided in § 10102 of this title.

38 Del. Laws, c. 62, § 3; 40 Del. Laws, c. 112, § 1; Code 1935, § 5498; 45 Del. Laws, c. 293, § 1; 28 Del. C. 1953, § 304; 68 Del. Laws, c. 84, § 173(a); 70 Del. Laws, c. 186, § 1.;

(a) The Commission shall meet at least once a year to set racing dates and at least once a month during the racing meets.

(b) [Repealed.]

(c) A majority of the Commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the Commission.

38 Del. Laws, c. 62, § 4; Code 1935, § 5499; 28 Del. C. 1953, § 305; 63 Del. Laws, c. 143, § 5; 68 Del. Laws, c. 84, § 173(a); 79 Del. Laws, c. 70, § 2.;

The Secretary of the Commission shall keep a record of all proceedings of the Commission and shall preserve all books, maps, documents and papers belonging to the Commission or entrusted to its care and perform such other duties as the Commission may prescribe.

38 Del. Laws, c. 62, § 4; Code 1935, § 5499; 28 Del. C. 1953, § 306; 68 Del. Laws, c. 84, § 173(a).;

(a) The Commission may appoint such officers, clerks, stenographers, inspectors, racing officials, veterinarians and such other employees as it deems necessary, consistent with the purposes of this chapter. The Commission for the purpose of maintaining integrity and honesty in racing shall prescribe by administrative regulation the powers and duties of the persons employed under this section and qualifications necessary to competently perform those duties.

(b) In addition to any minimum qualifications promulgated by the Commission, all applicants for the position of steward or race judge must be certified by a national organization approved by the Commission. An applicant for the position of steward or race judge must also have been previously employed as a steward, patrol judge, clerk of scales or other racing official at a thoroughbred racing meeting for a period of not less than 45 days during 3 of the past 5 years, or have at least 5 years of experience as a licensed jockey who has also served not less than 1 year as a licensed racing official at a thoroughbred racing meeting, or have 10 years of experience as a licensed thoroughbred racing trainer who has also served not less than 1 year as a licensed racing official at a thoroughbred racing meeting.

(c) The Commission may appoint a racing inspector or investigator for each thoroughbred racing meet. Such racing inspector shall perform all duties prescribed by the Commission consistent with the purposes of this chapter. Such racing inspector shall have full and free access to the books, records and papers pertaining to the pari-mutuel system of wagering and to the enclosure or space where the pari-mutuel system is conducted at any thoroughbred racing meeting to which he shall be assigned for the purpose of ascertaining whether the holder of such permit is operating in compliance with the Commission's rules and regulations. The racing inspector shall investigate whether such rules and regulations promulgated by the Commission are being violated at such thoroughbred race track or enclosure by any licensee, patron or other person. Upon discovering any such violation, the racing inspector shall immediately report his or her findings in writing and under oath to the Commission or its designee as it may deem fitting and proper. The racing inspector or investigator shall be devoted full time to the duties of the office and shall not hold any other position or employment, except for performance of similar duties for the Harness Racing Commission.

(d) All employees appointed under subsections (a) through (c) of this section shall serve at the pleasure of the Commission and are to be paid a reasonable compensation. No person shall be appointed to or hold any such office or position who holds any official relation to any person, association or corporation engaged in or conducting thoroughbred racing within this State. The compensation of the stewards and track veterinarian shall be paid by the Commission subject to pro rata reimbursement by the licensed persons or associations conducting thoroughbred racing meets under this chapter. Increases in costs of the aforementioned officials shall be reasonable and related to expansion in the number of days of racing and the number of races held, the need to maintain competitive salaries, and inflation. No Commissioner, racing official, steward or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any race regulated by the Commission or have any financial or pecuniary interest in the outcome of any race regulated by the Commission.

(e) The Commission may employ an Administrator of Racing who shall perform all duties prescribed by the Commission consistent with the purposes of this chapter. The Administrator of Racing shall be appointed by the Governor after consideration of candidates jointly submitted by the Harness Racing Commission and the Thoroughbred Racing Commission. The Administrator of Racing shall be devoted full time to the duties of the office and shall not hold any other office or employment, except that the Administrator of Racing can perform the same duties as Administrator of Racing for the Harness Racing Commission. The Administrator of Racing shall be the representative for the Commission at all meetings of the Commission and shall keep a complete record of its proceedings and preserve, at its general office, all books, maps, documents and papers entrusted to its care. The Administrator of Racing shall be the executive officer of the Commission and shall be responsible for keeping all Commission records and carrying out the rules and orders of the Commission. The Commission may appoint the Administrator of Racing to act as a hearing officer to hear appeals from administrative decisions of the steward or racing judges.

38 Del. Laws, c. 62, §§ 2, 4; Code 1935, §§ 5497, 5499; 28 Del. C. 1953, § 307; 57 Del. Laws, c. 740, § 13; 68 Del. Laws, c. 84, § 173(a); 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 1; 71 Del. Laws, c. 414, § 4.;

The annual operating budget act shall appropriate ASF revenue to the Thoroughbred Racing Commission for operational expenses. The Commission's revenues, derived from fees, fines and licenses, shall be used to cover its operational expenditures. The Thoroughbred Racing Commission shall maintain three ASF positions used for stewards. These positions shall be exempt from the classified service as provided in Chapter 59 of Title 29. The compensation for these positions shall be determined by the Thoroughbred Racing Commission. Persons appointed by the Commission to fill these positions shall be eligible for membership in the State Pension Plan, for coverage under the life and health insurance programs for state employees, and for worker's compensation benefits as state employees, but because of the nature of these positions, they shall not be eligible for annual leave, sick leave or compensatory time. Should revenues be insufficient to cover the operational costs of the Commission, funds may be transferred from state lottery revenues collected under the authority of § 4815 of Title 29 to cover such shortfalls with the concurrence of the Director of the Office of Management and Budget and the Controller General.

73 Del. Laws, c. 322, § 1; 75 Del. Laws, c. 88, § 21(2).;

The Commission shall make an annual report to the Governor on or before January 1 of each year. The report shall include a statement of receipts and disbursements by the Commission and any additional information and recommendations which the Commission deems of value.

38 Del. Laws, c. 62, § 4; Code 1935, § 5499; 28 Del. C. 1953, § 310; 68 Del. Laws, c. 84, § 173(a).;

Pursuant to § 101(10) of this title, the Delaware Thoroughbred Racing Commission is authorized to apply for and utilize administrative inspection warrants issued by the Secretary of Agriculture for the purpose of conducting administrative inspections and seizures of property at any location within the State where race horses are stabled or otherwise located, except those horses stabled or otherwise located at facilities licensed pursuant to § 4805(b)(13) of Title 29.

79 Del. Laws, c. 135, § 3.;