Chapter 100

§ 10001 Definitions. As used in this chapter: (1) “Commission” means the Delaware Harness Racing Commission. (2) “Commissioner” means a member of the Delaware Harness Racing Commission. (3) “Harness racing,” “harness races,” “harness horse racing” or “harness horse races” means and includes only any racing of horses in which the horses competing or participating are harnessed to a sulky, carriage or similar vehicle and are not mounted by a jockey. 45 Del. Laws, c. 303, §  10 ; 28 Del. C. 1953, §  501; 66 Del. Laws, c. 303, §  261(a) ; § 10002 Secretary; powers and duties. The Harness Racing Commission shall be a unit of the Department of Agriculture. The Secretary of Agriculture shall promulgate those rules and regulations relating to the establishment of the Harness Racing Commission as such a unit. The Harness Racing Commission and all employees in positions authorized in the Annual Appropriations Act assigned to the Harness Racing Commission shall report directly to the Secretary. 66 Del. Laws, c. 303, §  261(a) ; 75 Del. Laws, c. 89, §  305 ; § 10003 Composition; appointment; qualifications and term; compensation; vacancies. (a) The Delaware Harness Racing Commission is continued. The Commission shall consist of 5 members. (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. 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 the person is appointed nor shall the 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. 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 April 22 in the year of such Commissioner’s appointment and until such Commissioner’s successor shall qualify. (d) Members of the Harness 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 such Commissioner’s reasonable expenses for traveling to and from any office of the Commission on official business. (e) Vacancies in the Commission for any reason other than expiration of term of office shall be filled by the Governor for the unexpired term of any Commissioner. The Governor shall appoint a bona fide resident of the proper county for a full term of 6 years when there is a vacancy by reason of expiration of term. 45 Del. Laws, c. 303, §§  1, 2, 4, 5 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  502; 58 Del. Laws, c. 511, §  62 ; 63 Del. Laws, c. 143, §§  9, 10 ; 63 Del. Laws, c. 390, §  7 ; 66 Del. Laws, c. 171, §§  2-4 ; 66 Del. Laws, c. 303, §  261(a) ; 72 Del. Laws, c. 94, §  281 ; 84 Del. Laws, c. 42, § 37 ; § 10004 Removal of Commissioner from office. The Governor shall remove any or all of the Commissioners for inefficiency, neglect of duty or misconduct in office, first giving to him or her or them, a copy of the charges filed against him or her or them and an opportunity of being publicly heard in person or by counsel in his or her or their defense upon not less than 10 days written notice. If any of the Commissioners is removed from office, 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. 45 Del. Laws, c. 303, §  2 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  503; 66 Del. Laws, c. 303, §  261(a) ; 70 Del. Laws, c. 186, §  1 ; § 10005 Purpose; powers and duties. The primary purpose of the Commission is to regulate and oversee the sport of harness racing, within this State in the public interest. The Commission shall possess the powers and duties specified in this chapter and also the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter. The jurisdiction, supervision, powers and duties of the Commission shall extend under this chapter to any person who holds or conducts any meeting within this State at which harness horse racing is permitted for any stake, purse or reward and upon which wagering or betting is conducted as provided in this chapter. The Commission shall possess all necessary powers and duties to regulate the conduct of all grooms, drivers and owners and their employees, of all harness racing horses entered or to be entered in any harness racing meet authorized by the Commission under this chapter. For this purpose, the said Commission may promulgate and prescribe such rules and regulations as it may deem proper and necessary. 45 Del. Laws, c. 303, §  1 ; 28 Del. C. 1953, §  504; 52 Del. Laws, c. 233, §  1 ; 63 Del. Laws, c. 143, §  11 ; 66 Del. Laws, c. 303, §  261(a) ; § 10006 Office, meetings and quorum. The Commission shall establish and maintain offices at such places within this State and shall meet at least monthly during the period when any association is conducting a harness horse racing meet and at such other times as it deems necessary. A majority of the Commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty and for the exercise of any power of the Commission. 45 Del. Laws, c. 303, §  4 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  506; 63 Del. Laws, c. 143, §  12 ; 66 Del. Laws, c. 303, §  261(a) ; 68 Del. Laws, c. 214, §  1 ; § 10007 Employees. (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 these 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 or other racing official at a harness 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 driver who has also served not less than 1 year as a licensed racing official at a harness racing meeting or have 10 years of experience as a licensed harness racing trainer who has also served not less than 1 year as a licensed racing official at a harness racing meeting. (c) The Commission may appoint a racing inspector or investigator for each harness 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 harness racing meeting to which the racing inspector shall be assigned to 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 harness racetrack 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 Thoroughbred 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 hold any such office or position who holds any official relation to any person, association or corporation engaged in or conducting harness horse racing within the State. The full compensation of the presiding judge, associate judges and track veterinarian and no more than that portion of the compensation of the state steward paid by the licensed persons or association as of June 30, 1998, shall be paid by the Commission subject to pro rata reimbursement by the licensed persons or associations conducting harness 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. The Commission shall determine and insure that such employees perform their duties in the public interest. 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 Thoroughbred Racing Commission. The Administrator of Racing shall be the representative for the Commission at all race meetings. The Administrator of Racing shall attend 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. 45 Del. Laws, c. 303, §§  2, 4 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  507; 57 Del. Laws, c. 740, §  10 ; 61 Del. Laws, c. 2, §  1 ; 63 Del. Laws, c. 143, §  13 ; 66 Del. Laws, c. 303, §  261(a) ; 68 Del. Laws, c. 214, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 414, §  1 ; § 10008 Secretary’s duties. 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 prescribes. 45 Del. Laws, c. 303, §  4 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  508; 66 Del. Laws, c. 303, §  261(a) ; 68 Del. Laws, c. 214, §  1 ; § 10009 Operational expenses; use of revenues; commission positions; use of lottery revenues. The annual operating budget act shall appropriate ASF revenue to the Harness Racing Commission for operational expenses. The Commission’s revenues, derived from fees, fines and licenses, shall be used to cover its respective operational expenditures. The Harness Racing Commission shall maintain three positions used for the State Steward, the Presiding Judge and one Associate Judge. 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 Harness 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, §  2 ; 75 Del. Laws, c. 88, §  21(2) ; § 10010 Annual report. The Commission shall make an annual report to the Governor on or before the 1st day of January in 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. 45 Del. Laws, c. 303, §  4 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  511; 66 Del. Laws, c. 303, §  261(a) ; 68 Del. Laws, c. 214, §  1 ; § 10012 License to participate in racing. (a) The Commission may establish categories of licenses and impose license fees as specified in subsection (b) of this section for persons participating in pari-mutuel harness racing meets under the jurisdiction of the Commission. (b) Any person required by the Commission to be licensed to participate in pari-mutuel harness racing during any calendar year shall, at the time of making application for such license, pay the Commission a fee as follows: for each owner, trainer, driver or groom, or a combination thereof, $50; provided, however, that the fee for applying for only a groom’s license shall be $20. 70 Del. Laws, c. 589, §  1 ; 72 Del. Laws, c. 227, §  1 ; § 10013 License to officiate at race meets. (a) The Commission may establish categories of licenses and impose license fees as specified in subsection (b) of this section for persons serving as racing officials at pari-mutuel harness race meets under jurisdiction of the Commission. (b) Any person required by the Commission to be licensed to serve as a racing official during any calendar year shall at the time of making application for such license pay to the Commission a fee, as follows: (1) State steward, $125. (2) Presiding judge, $100. (3) Associate judge, $75. (4) Paddock judge, horse identifier and equipment checker or patrol judge, $50. (5) State veterinarian or lasix veterinarian, $50. (6) Breath analyzer, veterinary assistant, paddock inspector, laboratory personnel and all other paddock personnel, $50. (7) Racing secretary, $100. (8) Assistant racing secretary, $50. (9) Official starter, clerk of the course, official charter or official timer, $50. (10) For any other person designated by the Commission to be licensed as a pari-mutuel racing official, $50. 70 Del. Laws, c. 589, §  1 ; 72 Del. Laws, c. 227, §§  2-5 ; § 10014 License to work for a race meet licensee. (a) The Commission may establish categories of licenses and impose license fees as specified in subsection (b) of this section for persons working for a licensee during pari-mutuel harness race meetings under the jurisdiction of the Commission. (b) The Commission shall require persons working for a licensee during any calendar year to be licensed and at the time of making application for such license pay to the Commission a fee, as follows: (1) Vendor, $50; (2) Photographer, $50; (3) For employees of a vendor, employees of a photographer, concession stand workers, maintenance personnel, parking lot attendants, admission staff, security personnel, mutual employees, timer or totalizator and film patrol workers, $20; and (4) For any other persons designated by the Commission to be licensed to work for a race meet licensee during a pari-mutuel harness race meet, $20. 70 Del. Laws, c. 589, §  1 ; 72 Del. Laws, c. 227, §§  6, 7 ; § 10015 Special powers of the Commission. The Commission shall require that any person who is required to be licensed to participate in pari-mutuel harness racing, under the jurisdiction of the Commission, be fingerprinted by the Commission or its designee for purposes of a criminal history check on such applicant. Any person required by the Commission to be fingerprinted as part of the license application process shall also be responsible for payment to the State Bureau of Identification for the cost of fingerprinting and conducting state and federal criminal history checks. The State Bureau of Identification shall be the intermediary for the purpose of this section for the receipt of said federal criminal history records. 70 Del. Laws, c. 589, §  1 ; § 10016 Administrative inspection warrants. Pursuant to § 101(10) of this title, the Delaware Harness 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 harness racing horses are stabled or otherwise located. 79 Del. Laws, c. 135, §  2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 10022 License as required. Any person desiring to conduct a harness horse racing meet within the State during any calendar year shall first obtain a license to do so from the Commission. 45 Del. Laws, c. 303, §  7 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  521; 66 Del. Laws, c. 303, §  261(a) ; § 10023 Application; rejection; award of dates and maximum racing days; qualifications for license. (a) The application for a license to conduct a harness horse race meet shall be filed with the Commission on or before the 31st day of December of the year preceding that for which the license is requested but the Commission may, for a good cause, permit an application to be filed at a later date. The application shall specify the days on which harness horse racing is desired to be conducted and shall be in such form and supply such data and information, including a blueprint of the track and specifications of its surface and blueprints and specifications of buildings and grandstand on the land where the meet is to be conducted as the Commission prescribes, provided, however, that it shall not be necessary for the applicant to submit blueprints and specifications with the application if the race meet for which a license is requested is to be conducted at a track for which the Commission granted a license for the preceding year. The blueprints and specifications shall be subject to the approval of the Commission, which, at the expense of the applicant, may order such engineering examination thereof as to the Commission seems necessary. The erection and construction of the track, grandstand and buildings of any applicant for a license to conduct harness horse racing under this chapter shall be subject to the inspection of the Commission, which may order such engineering examination as the Commission deems necessary at the expense of the applicant, and may employ such inspectors as the Commission considers necessary for that purpose. In the event that an application is made for racing dates in Sussex County in compliance with subsection (c) of this section, it shall not be necessary for the applicant to submit blueprints and specifications with the application if the applicant plans to assign those dates applied for to another county. (b) The Commission may reject any application for a license for any cause which it deems sufficient, and the action of the Commission shall be final. (c) The Commission shall, on or before the 15th of September of the year preceding that for which 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 1 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. The Commission may authorize any person, corporation or association licensed under this chapter to transfer all or a portion of the racing dates awarded to such licensee under this section to the track of any other person, corporation or association licensed under this chapter to conduct racing in this State; provided, that each licensee in Kent County which has requested and been awarded racing dates in any calendar year shall conduct a minimum of 8 weeks of racing at the track of such licensee during such year. Each licensee upon request shall be guaranteed a minimum of 8 weeks of racing. In awarding such racing dates, the Commission shall observe previous traditional seasons. There shall be no racing between the Saturday before and the Saturday after Christmas, unless Christmas falls on a Saturday or Sunday, in which case there shall be no racing between the Monday before Christmas, and the Monday after Christmas. The decision of the Commission regarding racing dates, including concurrent racing dates, shall be final. In addition, the Commission may award additional dates, beyond any limits prescribed elsewhere, for racing days limited exclusively to the receiving and accepting of wagers or bets on electronically televised simulcasts of harness horse races. (d) The Commission may meet subsequently to the 15th day of January of each year and award dates for harness horse racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with this chapter. (e) No license to conduct harness racing under this section shall be granted except to a private stock corporation formed and existing under the laws of the State for the purpose of conducting harness racing and businesses incident thereto, in compliance with the following conditions and requirements: (1) Before a license shall be issued under the provisions of this chapter, the applicant shall file with the Commission, in addition to other requirements of this chapter, the names, addresses and terms of office of its directors and officers and at such other time or times thereafter as they may be changed, the names and addresses of such directors and officers, a copy of the certificate of incorporation duly certified by the Secretary of State and a copy of its bylaws. Such applicant shall file with the Commission a copy of any amendment to its certificate of incorporation, duly certified as aforesaid, within 10 days after the effective date of any such amendment; (2) The board of directors of the applicant shall not be less than 5 in number; (3) The applicant shall have no other office except in the State; (4) Every applicant for a license shall file with the Commission at the time of application for a license a statement of its resources and liabilities. The Commission shall have access at all times to the books, records and accounts of the licensee; (5) No license shall be issued unless a majority of the board of directors and officers shall be bona fide residents of the State. 45 Del. Laws, c. 303, §§  7, 8 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  522; 49 Del. Laws, c. 192, §§  1-4 ; 51 Del. Laws, c. 5 ; 51 Del. Laws, c. 337 ; 52 Del. Laws, c. 183 ; 52 Del. Laws, c. 276, §  1 ; 54 Del. Laws, c. 297 ; 55 Del. Laws, c. 223, §§  1-5 ; 57 Del. Laws, c. 230 ; 57 Del. Laws, c. 455 ; 58 Del. Laws, c. 72 ; 60 Del. Laws, c. 4, §  1 ; 66 Del. Laws, c. 303, §  261(a) ; 68 Del. Laws, c. 214, §  2 ; 68 Del. Laws, c. 254, §  1 ; 69 Del. Laws, c. 446, §  23 ; § 10024 Application fee and license fee. (a) Any person upon applying to the Commission for a license to conduct a harness horse racing meet during any calendar year shall at the time of making the application pay to the Secretary of Finance a fee of $2,000. (b) Any person who is granted a license by the Commission to conduct a harness horse racing meet during any calendar year shall at the time the license is granted pay to the Secretary of Finance an additional fee of $1,000. 45 Del. Laws, c. 303, §  5 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  523; 57 Del. Laws, c. 741, §  30A ; 66 Del. Laws, c. 303, §  261(a) ; 72 Del. Laws, c. 227, §§  8, 9 ; § 10025 Issuance. Upon the award of days to any applicant, the Commission shall issue a license for the holding of the meet or meets during the days awarded to the applicant. The license shall be subject to all rights, regulations and conditions from time to time prescribed by the Commission. 45 Del. Laws, c. 303, §  9 ; 28 Del. C. 1953, §  524; 66 Del. Laws, c. 303, §  261(a) ; § 10026 Suspension or revocation; appeal. Any license issued by the Commission shall be subject to suspension or revocation by the Commission for any cause whatsoever which the Commission deems sufficient. If any license is suspended or revoked, the Commission shall state publicly its reasons for so doing and cause an entry of the reasons to be made on the minute book of the Commission and its action shall be final. The propriety of such action shall be subject to review, upon questions of law only, by the Superior Court of the county within which the license was granted. The action of the Commission shall stand unless and until reversed by the Court. 45 Del. Laws, c. 303, §  9 ; 28 Del. C. 1953, §  525; 66 Del. Laws, c. 303, §  261(a) ; § 10027 Rules of United States Trotting Association. Every license issued under this chapter shall contain a condition that all harness races or racing meets conducted thereunder shall be subject to the reasonable rules and regulations from time to time prescribed by the United States Trotting Association. Any rule or regulation of the United States Trotting Association may be modified or abrogated by the Commission upon giving the United States Trotting Association an opportunity to be heard. All grooms, drivers and owners and their employees of any horses entered, or to be entered, in any harness racing meet licensed under this chapter shall be subject to said rules and regulations prescribed as aforesaid by the said United States Trotting Association. Said rules of the United States Trotting Association may be modified or abrogated by the Commission upon giving the United States Trotting Association an opportunity to be heard. 45 Del. Laws, c. 303, §  10 ; 28 Del. C. 1953, §  526; 52 Del. Laws, c. 233, §  2 ; 66 Del. Laws, c. 303, §  261(a) ; § 10028 Inspection of racing premises prior to meet. Not less than 5 days prior to the opening of any meet authorized by the Commission, the Commission, at the expense of the licensee for the meet, shall cause to be made an inspection of the track, grandstand and buildings where the meet is to be held and unless the track, grandstand and buildings where the meet is to be held are found to be safe for animals and persons, or are rendered safe prior to the opening of the meet, the license for the meet shall be withdrawn. 45 Del. Laws, c. 303, §  7 ; 47 Del. Laws, c. 23, §  1 ; 28 Del. C. 1953, §  527; 66 Del. Laws, c. 303, §  261(a) ; § 10029 Rules, regulations and special powers of Commission. (a) The Commission may make rules governing, restricting or regulating the rate or charge by a licensee for admission, or for the performance of any service, or the sale of any article on the premises of a licensee; provided, however, that where the Commission imposes a penalty on any person, such penalty shall not apply to that person’s spouse unless such spouse has committed the same offense. (b) All proposed extensions, additions or improvements to the buildings, stables or improvements on tracks or property owned or leased by a licensee under this chapter shall be subject to the approval of the Commission. (c) The Commission may compel the production of any and all books, memoranda or documents showing the receipts and disbursements of any person licensed under the provisions of this chapter to conduct racing meets. (d) The Commission may at any time require the removal of any employee or official employed by any licensee hereunder. (e) The Commission may require that the books, records and financial or other statements of any person licensed under the provisions of this chapter shall be kept in such form or in such manner as the Commission prescribes. The Commission may visit, investigate and place expert accountants and such other persons as it deems necessary, in the offices, tracks or places of business of any such person for the purpose of satisfying itself that the Commission’s rules and regulations are strictly complied with. The salaries and expenses of such expert accountants or other persons shall be paid by the person to whom they are assigned. (f) The Commission may issue, under the hand of any Commissioner and the seal of the Commission, subpoenas for the attendance of witnesses and the production of books, papers and documents before the Commission and may administer oaths or affirmations to the witnesses whenever in the judgment of the Commission it is necessary for the effectual discharge of its duties. If any person refuses to obey any subpoena, or to testify, or to produce any books, papers or documents, then the Commission may apply to the Superior Court of the county in which the Commission is sitting, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify, or to produce the books, papers and documents. Whoever fails to obey or refuses to obey a subpoena of the Court shall be guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such. (g) The Commission shall promulgate administrative regulations for effectively preventing the use of improper devices, the administration of drugs or stimulants or other improper acts for the purpose of affecting the speed or health of horses in races in which they are to participate. The Commission is also authorized to promulgate administrative regulations for the legal drug testing of licensees. The Commission is authorized to contract for the maintenance and operation of a testing laboratory and related facilities, for the purpose of saliva, urine or other tests for enforcement of the Commission’s drug testing rules and regulations. The licensed persons or associations conducting harness racing shall reimburse the Commission for all costs of the drug testing program established pursuant to this section. Increases in costs of the aforementioned testing program 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. The Commission may not unreasonably expand the drug testing program beyond the scope of the program in effect as of June 30, 1998. Any decision by the Commission to expand the scope of the drug testing program that occurs after an administrative hearing, at which the persons or associations licensed under § 10022 of this title consent to such expansion, shall not be deemed an unreasonable expansion for purposes of this section. The Commission, in addition to the penalties contained in § 10026 of this title, may impose penalties on licensees who violate the drug testing regulations including imposition of fines or assessments for drug testing costs. By January 1, 1999, the Commission shall present recommendations to the General Assembly regarding the implementation of additional penalties, including forfeiture of horses, which may be imposed on a licensee whose horse tests positive for illegal drugs. 45 Del. Laws, c. 303, §  10 ; 47 Del. Laws, c. 23, §  2 ; 28 Del. C. 1953, §  528; 66 Del. Laws, c. 303, §  261(a) ; 68 Del. Laws, c. 214, §  3 ; 71 Del. Laws, c. 414, §  2 ; § 10030 Licensee’s annual financial statement. Every licensee shall file with the Department of Finance not later than 4 months after the close of its fiscal year a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during the fiscal year and of all expenses and disbursements, itemized in the manner and form directed by the Department of Finance, showing the net revenue from all sources derived by the licensee during the fiscal year covered by such statement. 45 Del. Laws, c. 303, §  11 ; 28 Del. C. 1953, §  529; 52 Del. Laws, c. 276, §  2 ; 57 Del. Laws, c. 741, §  30B ; 66 Del. Laws, c. 303, §  261(a) ; § 10032 Delaware-owned or bred races. (a) Persons licensed to conduct harness horse racing meets under this chapter may offer non-stakes races limited to horses wholly owned by Delaware residents or sired by Delaware stallions. (b) For purposes of this section, a Delaware bred horse shall be defined as one sired by a Delaware stallion who stood in Delaware during the entire breeding season in which it sired a Delaware bred horse or a horse whose dam was a wholly-owned Delaware mare at the time of breeding as shown on the horse’s United States Trotting Association registration or eligibility papers. The breeding season means that period of time beginning February 1 and ending August 1 of each year. (c) All horses to be entered in Delaware-owned or bred races must first be registered and approved by the Commission or its designee. The Commission may establish a date upon which a horse must be wholly-owned by a Delaware resident(s) to be eligible to be nominated, entered or raced as Delaware-owned. In the case of a corporation seeking to enter a horse in a Delaware-owned or bred event as a Delaware-owned entry, all owners, officers, shareholders and directors must meet the requirements for a Delaware resident specified below. In the case of an association or other entity seeking to enter a horse in a Delaware-owned or bred event as a Delaware-owned entry, all owners must meet the requirements for a Delaware resident specified below. Leased horses are ineligible as Delaware-owned entries unless both the lessor and the lessee are Delaware residents as set forth in this section. (d) The following actions shall be prohibited for Delaware-owned races and such horses shall be deemed ineligible to be nominated, entered or raced as Delaware-owned horses. (1) Payment of the purchase price over time beyond the date of registration; (2) Payment of the purchase price through earnings beyond the date of registration; (3) Payment of the purchase price with a loan, other than from a commercial lender regulated in Delaware and balance due beyond the date of registration; (4) Any management fees, agent fees, consulting fees or any other form of compensation to nonresidents of Delaware, except industry standard training and driving fees; or (5) Leasing a horse to a nonresident of Delaware. (e) The Commission or its designee shall determine all questions about a person’s eligibility to participate in Delaware-owned races. In determining whether a person is a Delaware resident, the term “resident” shall mean the place where an individual has his or her permanent home, at which that person remains when not called elsewhere for labor or other special or temporary purposes, and to which that person returns in seasons of repose. For purposes of this section, the term “residence” shall mean a place a person voluntarily fixed as a permanent habitation with an intent to remain in such place for the indefinite future. (f) The Commission or its designee may review and subpoena any information which is deemed relevant to determine a person’s residence, including, but not limited to, the following: (1) Where the person lives and has been living; (2) The location of the person’s source(s) of income; (3) The address used by the person for the payment of taxes, including federal, state and property taxes; (4) The state in which the person’s personal automobiles are registered; (5) The state issuing the person’s driver’s license; (6) The state in which the person is registered to vote; (7) Ownership of property in Delaware or outside of Delaware; (8) The residence used for U.S.T.A. membership and U.S.T.A. registration of a horse, whichever is applicable; (9) The residence claimed by a person on a loan application or other similar document; (10) Membership in civic, community and other organizations in Delaware and elsewhere. None of these factors when considered alone shall be dispositive, except that a person must have resided in the State of Delaware in the preceding calendar year for a minimum of 183 days. Consideration of all of these factors together, as well as a person’s expressed intention, shall be considered in arriving at a determination. The burden shall be on the applicant to prove Delaware residency and eligibility for Delaware-owned or bred races. The Commission may promulgate by regulation any other relevant requirements necessary to ensure that the licensee is a Delaware resident. In the event of disputes about a person’s eligibility to enter a Delaware-owned or bred race, the Commission shall resolve all disputes and that decision shall be final. (g) Each owner and trainer, or the authorized agent of an owner or trainer, or the nominator (collectively, the “entrant”), is required to disclose the true and entire ownership of each horse with the Commission or its designee, and to disclose any changes in the owners of the registered horse to the Commission or its designee. All licensees and racing officials shall immediately report any questions concerning the ownership status of a horse to the Commission racing officials, and the Commission racing officials may place such a horse on the steward’s or judge’s list. A horse placed on the steward’s or judge’s list shall be ineligible to start in a race until questions concerning the ownership status of the horse are answered to the satisfaction of the Commission or the Commission’s designee, and the horse is removed from the steward or judge’s list. (h) If the Commission, or the Commission’s designee, finds a lack of sufficient evidence of ownership status, residency or other information required for eligibility, prior to a race, the Commission or the Commission’s designee may order the entrant’s horse scratched from the race or ineligible to participate. (i) After a race, the Commission or the Commission’s designee may, upon reasonable suspicion, withhold purse money pending an inquiry into ownership status, residency or other information required to determine eligibility. If the purse money is ultimately forfeited because of a ruling by the Commission or the Commission’s designee, the purse money shall be redistributed per order of the Commission or the Commission’s designee. (j) If purse money has been paid prior to reasonable suspicion, the Commission or the Commission’s designee may conduct an inquiry and make a determination as to eligibility. If the Commission or the Commission’s designee determines there has been a violation of ownership status, residency or other information required for eligibility, it shall order the purse money returned and redistributed per order of the Commission or the Commission’s designee. (k) Anyone who willfully provides incorrect or untruthful information to the Commission or its designee pertaining to the ownership or breeding of a Delaware-owned or bred horse or pertaining to the declaration of a horse in a race restricted to Delaware-owned or bred horses or who commits any other fraudulent act in connection with the entry or registration of a Delaware-owned or bred horse, in addition to other penalties imposed by law, shall be subject to mandatory revocation of licensing privileges in the State of Delaware for a period to be determined by the Commission in its discretion except that absent extraordinary circumstances, the Commission shall impose a minimum revocation period of 2 years and a minimum fine of $5,000 from the date of the violation of these rules or the decision of the Commission, whichever occurs later. (l) Any person whose license is suspended or revoked under subsection (k) of this section shall be required to apply for reinstatement of licensure and the burden shall be on the applicant to demonstrate that his or her licensure will not reflect adversely on the honesty and integrity of harness racing or interfere with the orderly conduct of a race meeting. Any person whose license is reinstated under this subsection shall be subject to a 2-year probationary period, and may not participate in any Delaware-owned or bred race during this probationary period. Any further violations of this section by the licensee during the period of probationary licensure shall, absent extraordinary circumstances, result in the Commission imposing revocation of all licensure privileges for a 5-year period along with any other penalty the Commission deems reasonable and just. (m) Any suspension imposed by the Commission under this subsection shall not be subject to the stay provisions of § 10144 of Title 29. 71 Del. Laws, c. 417, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 10042 Application of chapter. 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) ; § 10043 Liability insurance of licensee. 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) ; § 10044 Limitation on compensation that may be paid by licensee. 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) ; § 10045 Enforcement. 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) ; § 10046 Aiding or abetting in unlicensed meet; penalty. 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 ; § 10047 Failure of licensee to pay tax on admissions; penalty. (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 ; § 10048 Restrictions on licensee acting as video lottery agent. 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 ; § 10049 Fraudulent written statements; class A misdemeanor. 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 ; § 10050 Fraudulent certificate of registration or eligibility documents; class G felony. 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 10052 Place for wagering. Within the enclosure of any harness horse racing meet licensed and conducted under this chapter, but not elsewhere, the wagering and betting on harness horse racing or horse races or both by the use of pari-mutuel machines or totalizators and by manual computation without the use of pari-mutuel machines or totalizators is authorized and permitted. 45 Del. Laws, c. 303, §  15 ; 48 Del. Laws, c. 50 ; 28 Del. C. 1953, §  551; 66 Del. Laws, c. 303, §  261(a) ; 80 Del. Laws, c. 307, § 1 ; § 10053 License to conduct pools; application; qualifications. (a) The Commission may grant a license to any person to make, conduct and sell pools by the use of pari-mutuel machines or totalizators and to make, conduct and sell pools for the “daily double” by manual computation without the use of pari-mutuel machines or totalizators for the purpose of receiving wagers or bets on harness horse races within the enclosure of any harness horse racing meet licensed and conducted under this chapter, but not otherwise, under such regulations as the Commission prescribes. (b) The Commission may prescribe regulations governing the granting of applications for licenses, the granting of licenses and the conditions under which any licensee may conduct, sell or make any such pool. (c) The qualifications of any licensee shall be such as to afford a reasonable belief that the licensee will be financially responsible and will conduct the business of operating the pools in a proper and orderly manner. A licensee to make, conduct and sell such pools shall be a person licensed to conduct a harness horse racing meet under this chapter. 45 Del. Laws, c. 303, §  15 ; 48 Del. Laws, c. 50 ; 28 Del. C. 1953, §  552; 66 Del. Laws, c. 303, §  261(a) ; § 10054 Revocation of license. All licenses for the operation of pools as provided in this chapter shall be revocable at any time, without hearing, in the absolute discretion of the Commission. 45 Del. Laws, c. 303, §  15 ; 28 Del. C. 1953, §  553; 66 Del. Laws, c. 303, §  261(a) ; § 10055 Rules, regulations and special powers of Commission. (a) The Commission may require the keeping of books and records by a licensee of a pool in such forms, or in such manner, as the Commission prescribes. The Commission may also regulate the duties of any employee of any such licensee and visit, investigate and place expert accountants and such other persons as it deems necessary in the office or place of business of any person licensed to operate a pool for the purpose of satisfying itself that the Commission’s rules and regulations are strictly complied with. (b) The Commission may also issue, under its hand and seal, subpoenas for the attendance of witnesses and the production of books, papers and documents of the licensee before the Commission and may administer oaths or affirmations to the witnesses whenever in the judgment of the Commission it is necessary for the effectual discharge of its duties. If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then the Commission may apply to the Superior Court of the county in which it is sitting and thereupon the Court shall issue its subpoena requiring the person to appear and testify, or to produce the books, papers and documents before the Commission. Any person failing to obey or refusing to obey a subpoena of the Court is guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such. 45 Del. Laws, c. 303, §  15 ; 28 Del. C. 1953, §  554; 66 Del. Laws, c. 303, §  261(a) ; § 10056 Tax on pari-mutuel and totalizator pools; special fund. (a) Every person engaged in the business of conducting a harness racing meet under this chapter shall pay as a tax to this State an amount equal to ¾ of 1 percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day prior to January 1, 1981, on any and every racetrack licensed under this chapter and on all races that day at such tracks during any such day when a pari-mutuel racing meet (not including daytime thoroughbred racing) is being conducted outside this State within 75 miles of such person’s harness racing meet. (b) Every person engaged in the business of conducting a harness racing meet under this chapter shall pay as a tax to this State a percentage of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day prior to January 1, 1981, on any and every racetrack licensed under this chapter and on all races that day at such track during any such day when no pari-mutuel racing meet (not including daytime thoroughbred racing) is being conducted within 75 miles of such person’s harness racing meet. The percentage of such pari-mutuel and totalizator pools to be paid as such tax shall be as follows: (1) Three-quarters of 1 percent of the first $400,000 of daily contributions to such pools or any portion thereof; plus (2) Three percent of daily contributions to such pools in excess of $400,000 up to $600,000; plus (3) Five and one-half percent of daily contributions to such pools in excess of $600,000. (c) On each racing day to which subsection (b) of this section is applicable when the total contributions to all pari-mutuel and totalizator pools conducted or made at any racetrack licensed under this chapter exceed $400,000, every person engaged in the business of conducting a racing meet under this chapter shall pay as an additional tax to this State: (1) Two percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every racetrack licensed under this chapter where the patron is required to select 2 or more horses in a single race having a field of 8 or less horses declared “in to go” by the track judges or where the patron is required to select 2 or more horses in more than 1 race where all of such races have a field of 8 or less horses declared “in to go” by the track judges. (2) Four percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every racetrack licensed under this chapter where the patron is required to select 2 or more horses in a single race having a field of 9 or more horses declared “in to go” by the track judges or where the patron is required to select 2 or more horses in more than 1 race where either 1 or more of such races has a field of 9 or more horses declared “in to go” by the track judges. (3) One half of the odd cents of all redistributions to be made on pari-mutuel or totalizator pool contributions exceeding the sum equal to the lowest multiple of 10, such odd cents to be calculated on the basis of each dollar wagered. If a minus pool is created, the break shall be to the lowest multiple of 5. (d) The State Treasurer shall deposit the money received pursuant to subsections (a), (b) and (c) of this section in the General Fund of this State. In addition (except as hereinafter provided), every person engaged in the business of conducting a harness race meet under this chapter shall pay an amount equal to ½ of 1 percent of all contributions to all pari-mutuel and totalizator pools conducted or made on any and every racetrack licensed under this chapter and every race at such track, and the State Treasurer shall deposit such amount to a special fund called the “Delaware Standardbred Development Fund.” All fees received pursuant to §§ 564(b) and 567 of Title 28 shall also be deposited to said special fund. Said special fund shall be administered pursuant to subchapter V of Chapter 5 of Title 28. (e) Where the total contributions to pari-mutuel and totalizator pools conducted or made at a racing meet or meets during any fiscal year of any person licensed under this chapter commencing subsequent to 1978 average $300,000 or less per day during such fiscal year and the licensee conducting such meet or meets sustained a loss before taxes on income for such fiscal year, which loss shall be determined from a certificate from the licensees’ independent public accountants and confirmed by the Delaware Harness Racing Commission, the licensee shall not be required to pay the additional amount set forth in subsection (d) of this section, for the meet or meets conducted in the fiscal year immediately following the fiscal year in which the loss occurred, to the extent of the loss sustained in the preceding year, nor shall the licensee be required to increase the base upon which purse money is computed to any amount greater than the base upon which the licensee would have computed the amount of purse money under the law in effect during the licensee’s fiscal year ending i