Chapter 101

§ 10101 Composition, appointment, qualifications and term; Chairman and Secretary; compensation; vacancies and reappointment. (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 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 such Commissioner’s 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 ; 84 Del. Laws, c. 42, § 1 ; § 10102 Removal of Commissioner from office. (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 ; § 10103 Powers, duties and jurisdiction. (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 the employee’s 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) ; 84 Del. Laws, c. 42, § 38 ; § 10104 Oath and bond; failure to furnish. (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 ; § 10105 Meetings; office; and quorum. (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 ; § 10106 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 may prescribe. 38 Del. Laws, c. 62, §  4 ; Code 1935, §  5499; 28 Del. C. 1953, §  306; 68 Del. Laws, c. 84, §  173(a) ; § 10107 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 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 the racing inspector 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 those 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 ; 84 Del. Laws, c. 42, §§ 1, 39 ; § 10108 Operational expenses; use of revenues; stewards; use of lottery revenues. 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) ; § 10109 Annual report. 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) ; § 10110 Administrative inspection warrants. 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 ; 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(); } } § 10121 License to conduct racing for stake, purse or reward. No person shall hold or conduct any meeting within this State at which horse racing is permitted for any stake, purse or reward, unless such person is licensed by the Commission as provided in this subchapter. 38 Del. Laws, c. 62, §  6 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5501; 28 Del. C. 1953, §  321; 49 Del. Laws, c. 220, §  28 ; 68 Del. Laws, c. 84, §  173(a) ; § 10122 Application; inspections and examinations; rejection; award of dates and maximum racing days. (a) Any person desiring to conduct a racing meet within this State during any calendar year shall apply to the Commission for a license to do so. The application shall be filed with the Secretary of the Commission on or before a day to be fixed by the Commission. The application shall specify the days on which racing is desired to be conducted or held 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 the grandstand on the land of the applicant where the meeting is to be conducted as the Commission prescribes. 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 racing under this chapter shall be subject to the inspection of the Commission which, at the expense of the applicant, may employ such inspectors as it considers necessary for that purpose. (b) (1) No license shall be issued by the Commission for flat racing on a track less than 1 mile in circumference or for steeplechase racing in the infield of a track less than 1 mile in circumference. (2) 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, upon application to it and on or before the 1st Tuesday in February of each year, award dates for racing within the respective counties of this State for the current year. The dates so awarded for racing to be conducted in any 1 county shall not exceed 340 days in the aggregate in which racing will be conducted in any 1 county in this State, and the decision of the Commission on the award of dates shall be final. Dates awarded in any 1 county shall be used by the licensee in that county for racing in that county only. Anything in this subsection to the contrary notwithstanding, in calendar year 1992 only, the Commission may upon application submitted to it on or before September 1, 1992, meet subsequent to the 1st Tuesday in May and award additional dates for racing within the respective counties of this State for 1992; provided, however, that 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 horse races. (d) No more than 2 racing meets shall be held in any 1 county in any 1 year. (e) The Commission may meet subsequent to the 1st Tuesday in February of each year and award dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter. In calendar year 1985, the Commission may meet subsequent to July 1, 1985, and award additional dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter. (f) No part of this chapter shall be construed to apply to harness horse racing or harness horse races. 38 Del. Laws, c. 38, §§  7, 8, 10 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §§  5502, 5503, 5505; 41 Del. Laws, c. 219, §  1 ; 43 Del. Laws, c. 242 ; 47 Del. Laws, c. 24 ; 28 Del. C. 1953, §  322; 51 Del. Laws, c. 300, §  1 ; 52 Del. Laws, c. 147 ; 56 Del. Laws, c. 228, §  1 ; 58 Del. Laws, c. 2 ; 58 Del. Laws, c. 4 ; 60 Del. Laws, c. 426, §  1 ; 65 Del. Laws, c. 15, §§  1-3 ; 67 Del. Laws, c. 18, §  1 ; 68 Del. Laws, c. 84, §  173(a) ; 68 Del. Laws, c. 253, §  1 ; 69 Del. Laws, c. 446, §  24 ; § 10123 Application and license fees. (a) Any person, upon applying to the Commission for a license to conduct a racing meet within this State during any calendar year, shall, at the time of making the application, pay to the Secretary of the Department of Finance a fee of $3,000. (b) Any person who is granted a license by the Commission to conduct a racing meet within this State during any calendar year shall, at the time the license is granted, pay to the Secretary of the Department of Finance an additional fee of $2,000. 38 Del. Laws, c. 62, §  5 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5500; 41 Del. Laws, c. 219, §  1 ; 28 Del. C. 1953, §  323; 57 Del. Laws, c. 741, §  31A ; 68 Del. Laws, c. 84, §  173(a) ; § 10124 Issuance; terms and conditions. (a) 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. (b) The license shall be subject to all rights, regulations and conditions from time to time prescribed by the Commission. 38 Del. Laws, c. 62, §  9 ; Code 1935, §  5504; 28 Del. C. 1953, §  324; 68 Del. Laws, c. 84, §  173(a) ; § 10125 Suspension or revocation; appeal. (a) Any license issued by the Commission shall be subject to suspension or revocation by the Commission for any cause whatsoever which the Commission may deem sufficient. (b) 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. (c) The propriety of the action taken by the Commission shall be subject to review, upon question 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. 38 Del. Laws, c. 62, §  9 ; Code 1935, §  5504; 28 Del. C. 1953, §  325; 68 Del. Laws, c. 84, §  173(a) ; § 10126 Required condition contained in every license [Repealed]. Repealed by 63 Del. Laws, c. 143, § 7, eff. July 13, 1981. § 10127 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 are found to be safe for animals and persons or are rendered safe therefor prior to the opening of the meet, the license for the meet shall be withdrawn. 38 Del. Laws, c. 62, §  7 ; Code 1935, §  5502; 41 Del. Laws, c. 219, §  1 ; 28 Del. C. 1953, §  327; 68 Del. Laws, c. 84, §  173(a) ; § 10128 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. (b) (1) The Commission may use the services of the Thoroughbred Racing Protection Bureau and county, state or federal law-enforcement agencies. An individual making application for a license to participate in or be employed at a meet held by a licensee shall be fingerprinted by the Commissioner or the Commissioner’s designee for purposes of a criminal history record check. (2) Any individual making application for a license to participate in or be employed at a meet held by a licensee shall submit, to the State Bureau of Identification fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following: a. A report of the person’s entire criminal history record from the State Bureau of Identification, or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person. b. A report of the person’s entire federal criminal history from the Federal Bureau of Investigation pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. §534) or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that person. The State Bureau of Identification shall be the intermediary for purposes of this section and the Commission shall be the screening point for the receipt of said federal criminal history reports required. The State Bureau of Identification shall forward all information obtained under this subsection to the Commission. (3) A person required to obtain criminal history reports under this subsection is responsible for any costs associated with obtaining the fingerprinting and the criminal history reports. (c) The Commission may authorize a licensee to appoint, subject to the approval and control of the Commission: (1) Racing officials; (2) chemists; (3) accountants; (4) engineers; (5) stewards; and (6) veterinarians; and grant licenses to all participants in the racing meet. (d) 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, have any financial or primary interest in the outcome of any race regulated by the Commission, or have any financial interest in a thoroughbred and/or Arabian horse race track or in the operation of any such track within this State. (e) 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. (f) 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. (g) The Commission may at any time require the removal of any employee or official employed by any licensee hereunder. (h) (1) 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. (2) 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. (i) The Commission may issue, under the hand of its Chairman 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 may be necessary for the effectual discharge of its duties. (j) If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then any Commissioner may apply to the Superior Court of the county in which the Commissioner or the Commission may be sitting, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify or to produce the books, papers or documents. (k) Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly. ( l ) False swearing on the part of any witness shall be deemed perjury and shall be punished as such. (m) (1) The Commission shall adopt regulations governing the operation of thoroughbred and Arabian racing including the regulation of betting in connection therewith and the regulation of the conduct of all participants in any racing meet, to insure the integrity and security of the conduct of meetings held pursuant to this chapter. Such regulations shall include provisions for disciplinary measures for violations thereof including the imposition of fines, suspension or revocation of licenses or permits, and ejection or expulsion from a licensee’s premises. (2) a. The Commission shall have the authority to impose a fine of up to the greater of $10,000 or the amount of the purse money for the race to which the violation related for any violation of its regulations. b. The stewards of a race meeting acting in accordance with such regulations if authorized by the Commission shall have the authority to impose disciplinary measures, including fines, suspension or revocation of licenses or permits, and ejection or exclusion from a licensee’s premises. c. All fines imposed pursuant to this section shall be paid over to the General Fund upon receipt by the Commission. d. A person fined or otherwise disciplined by the stewards of a racing meeting shall have a right of appeal to the Commission and for a hearing before the Commission. Any person fined or otherwise disciplined by the Commission shall have a right of appeal to the Superior Court of the State. e. The action of the Commission shall stand unless and until reversed by the Court. (n) 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 thoroughbred racing shall reimburse the Commission for all costs of the drug testing programs 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 § 10121 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 § 10125 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. 38 Del. Laws, c. 62, §  10 ; Code 1935, §  5505; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  328; 63 Del. Laws, c. 143, §§  6, 8 ; 64 Del. Laws, c. 266, §§  2, 3 ; 68 Del. Laws, c. 84, §  173(a) ; 69 Del. Laws, c. 47, §  1 ; 70 Del. Laws, c. 131, §  1 ; 70 Del. Laws, c. 554, §  1 ; 71 Del. Laws, c. 414, §  5 ; 79 Del. Laws, c. 136, §  1 ; 81 Del. Laws, c. 101, § 1 ; § 10129 Licensee’s annual financial statement. Every licensee shall file with the Commission, 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 such fiscal year and all expenses and disbursements itemized in the manner and form directed by the Commission. The statement shall also show the net revenue from all sources derived by the licensee during the fiscal year covered by such statement. 38 Del. Laws, c. 62, §  12 ; Code 1935, §  5506; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  329; 56 Del. Laws, c. 42, §  1 ; 68 Del. Laws, c. 84, §  173(a) ; § 10131 License to participate in racing. (a) The Commission shall have the power to impose license fees for those participating in a racing meet. (b) The license fees for participants in a racing meet, if imposed by the Commission, shall be payable to the Commission as follows: (1) $50 for all owners and all trainers. (2) $30 for all veterinarians, farriers, jockeys, apprentice jockeys, jockey agents and assistant trainers. (3) $15 for all licensee vendors and vendor employees. (4) $5 for all stable employees and association employees. (5) $25 for each stable name. (6) $25 for each partnership (7) $50 for each authorized agent. (c) This section shall be retroactive to January 1, 1996; however, paragraphs (b)(5), (b)(6), and (b)(7) of this section shall be retroactive to January 1, 2000. 70 Del. Laws, c. 555, §  1 ; 72 Del. Laws, c. 291, §§  1, 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(); } } § 10141 Application of chapter. (a) Racing under this chapter shall be limited to animals of the equine species. (b) No part of this chapter shall be construed to apply to racing conducted by an agricultural fair association nor to harness horse races, except as provided in subsection (e) of this section, nor shall any part of this chapter apply to races at which no admission is charged or at which no form of income by gift, admission or otherwise is received and for which no purse, stake or reward in cash or the equivalent of cash is offered, nor shall any part of this chapter be construed to apply to any annual, single day steeplechase racing event conducted by a nonprofit organization which has conducted such races since 1978 and where no form of wagering, pool-making or betting is permitted or conducted thereat. (c) A trophy, other than cash or the equivalent of cash, shall not be deemed a purse, stake or reward within the meaning of this section. (d) The Commission shall in all cases determine whether any trophy, reward, purse or stake offered for any race is cash or the equivalent of cash. (e) For purposes of this chapter simulcasts of horse races or harness horse races displayed within the enclosure of any horse race meeting shall constitute horse racing within said enclosure. 38 Del. Laws, c. 62, §§  10, 15 ; Code 1935, §§  5505, 5509; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  341; 64 Del. Laws, c. 21, §§  1, 2 ; 68 Del. Laws, c. 84, §  173(a) ; 75 Del. Laws, c. 13, §  1 ; § 10143 Liability insurance of licensee. Ten days before any racing meet may be held under this chapter, the person licensed to conduct the racing 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. 38 Del. Laws, c. 62, §  7 ; Code 1935, §  5502; 41 Del. Laws, c. 219, §  1 ; 28 Del. C. 1953, §  343; 68 Del. Laws, c. 84, §  173(a) ; § 10144 Limitation on payment of compensation. 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 racing meet or in the maintenance of the racing plant. 38 Del. Laws, c. 62, §  10 ; Code 1935, §  5505; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  344; 68 Del. Laws, c. 84, §  173(a) ; § 10145 Minimum purse, stake or reward. (a) No race shall be authorized or permitted for a purse, stake or reward of less than $700 except in the event of a split race, in which case the purse, stake or reward shall be equally divided. (b) Plate value, if any, shall be considered as a part of the purse, stake or reward. 38 Del. Laws, c. 62, §  10 ; Code 1935, §  5505; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  345; 68 Del. Laws, c. 84, §  173(a) ; § 10146 Aiding or abetting in unlicensed meet; penalty; enforcement. (a) Whoever aids or abets in the conduct of any meet within this State at which racing of horses is permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the Commission, shall be fined not less than $500 nor more than $10,000 for each day of such unauthorized meeting or imprisoned for such term as the court in its discretion may determine. (b) All officers of the law shall cooperate with the Commission for the proper enforcement of this chapter. (c) The Governor may, upon the request of the Commission, order the Superintendent of State Police to assign a sufficient number of patrolmen to prevent horse racing at any track, a license for which has been refused, suspended or revoked by the Commission. 38 Del. Laws, c. 62, §  14 ; Code 1935, §  5508; 28 Del. C. 1953, §  346; 68 Del. Laws, c. 84, §  173(a) ; § 10147 Failure of licensee to pay taxes on admissions; penalty. (a) Whoever, being a licensee, fails or refuses to pay the amount found to be due by the Secretary of the Department of Finance as the tax on admissions shall be fined not more than $25,000, in addition to the amount due the Secretary of the Department of Finance. (b) All fines up to the amount found to be due the Secretary of Finance and paid into court by a licensee violating this section shall be transmitted and paid over by the clerk of the court to the Secretary of Finance. 38 Del. Laws, c. 62, §  12 ; Code 1935, §  5506; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  347; 57 Del. Laws, c. 741, §  31B ; 68 Del. Laws, c. 84, §  173(a) ; § 10148 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) As to each racetrack so licensed by the Director of the State Lottery Office, the licensee shall conduct live racing operations on at least 100 days, or such fewer number of days to which the licensee and the organization that represents the majority of owners and trainers racing at the licensee’s racetrack agree in writing. In December of each year, the licensee will submit to the Delaware Thoroughbred Racing Commission proposed racing days for the following year. Each licensee shall also employ during the live racing operations a minimum of 100 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 constitute grounds for revocation or suspension of the video lottery agent’s license. (2) An amount determined 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 the purposes related to the allocation of purses, 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, §  20 ; 79 Del. Laws, c. 144, §  1 ; 79 Del. Laws, c. 158, §  1 ; 79 Del. Laws, c. 311, §  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(); } } § 10161 Place of conducting pari-mutuel betting. Within the enclosure of any horse race meeting licensed and conducted under this chapter, but not elsewhere, the wagering or betting on horse races or harness horse racing 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. 38 Del. Laws, c. 62, §  16 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5510; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  361; 68 Del. Laws, c. 84, §  173(a) ; 80 Del. Laws, c. 307, § 2 ; § 10162 License to conduct pari-mutuel or totalizator pools; application for and qualifications of licensee; grant of license. (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 for the purpose of receiving wagers or bets on horse races within the enclosure of any 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. (d) A licensee to make, conduct and sell pools by the use of pari-mutuel machines or totalizators must be a person licensed to conduct a racing meet under this chapter. 38 Del. Laws, c. 62, §  16 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5510; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  362; 68 Del. Laws, c. 84, §  173(a) ; § 10163 Revocation of license. All licenses for the operation of pari-mutuel or totalizator pools shall be revocable at any time, without hearing, in the absolute discretion of the Commission. 38 Del. Laws, c. 62, §  16 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5510; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  363; 68 Del. Laws, c. 84, §  173(a) ; § 10164 Rules, regulations and special powers of Commission; subpoenas; contempt; perjury. (a) The Commission may: (1) Require the keeping of books and records by a licensee of a pari-mutuel or totalizator pool in such form or in such manner as the Commission prescribes; (2) Regulate the duties of any employee of any such licensee; and (3) 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 pari-mutuel or totalizator pool for the purpose of satisfying itself that the Commission’s rules and regulations are strictly complied with. (b) The Commission may issue, under the hand of its Chairperson and the seal of the Commission, subpoenas for the attendance of witnesses and the production of books, papers and documents of a licensee before the Commission and may administer oaths or affirmations to the witnesses whenever in the judgment of the Commission it may be necessary for the effectual discharge of its duties. (c) If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then any Commissioner may apply to the Superior Court of the county in which the Commissioner or the Commission may be 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. (d) Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly. (e) False swearing on the part of any witness shall be deemed perjury and shall be punished as such. 38 Del. Laws, c. 62, §  16 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5510; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  364; 68 Del. Laws, c. 84, §  173(a) ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 42, § 40 ; § 10165 Tax on pari-mutuel income. (a) Every person engaged in the business of conducting a racing meet under this chapter shall pay as a tax to this State three quarters of one percent of the licensee’s commissions on pari-mutuel and totalizator pools conducted on each racing day. (b) The tax levied in subsection (a) of this section shall be paid by certified check on a weekly basis. Each such check shall be transmitted by the licensee to the Secretary of the Department of Finance no later than Wednesday following the week for which the taxes are due. 38 Del. Laws, c. 62, §  16 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5510; 43 Del. Laws, c. 242 ; 45 Del. Laws, c. 293, §  2 ; 28 Del. C. 1953, §  365; 49 Del. Laws, c. 345, §  1 ; 51 Del. Laws, c. 300, §  2 ; 55 Del. Laws, c. 84, §  1 ; 56 Del. Laws, c. 42, §  2 ; 57 Del. Laws, c. 470, §  1 ; 57 Del. Laws, c. 741, §  31C ; 58 Del. Laws, c. 298, §  1 ; 60 Del. Laws, c. 426, §  4 ; 60 Del. Laws, c. 512, §§  1, 2 ; 61 Del. Laws, c. 163, §  2 ; 64 Del. Laws, c. 244, §  1 ; 65 Del. Laws, c. 386, §  1 ; 68 Del. Laws, c. 84, §  173(a) ; § 10166 Licensee’s commissions on pari-mutuel and totalizator pools. (a) The Commission shall authorize as gross commissions on pari-mutuel and totalizator pools to the licensee operating a racing meet under this chapter 17% of the total contributions to all pari-mutuel and totalizator pools conducted or made at the racing meet and at every race or meeting, plus all of the odd cents of all redistributions to be made on all pari-mutuel and totalizator pool contributions exceeding the sum equal to the next lowest multiple of 10, such odd cents to be calculated on the basis of each dollar wagered. If a minus pool is created, the licensee may break to the lowest multiple of 5. (b) In addition to the other commissions allowed by this section, every person engaged in the business of conducting a racing meet under this chapter shall receive as a gross commission 2% of the total contributions to all dual pari-mutuel and totalizator pools conducted on each racing day on any and every racetrack licensed under this chapter. Dual pari-mutuel and totalizator pool means a separate wagering pool in which an interest is represented by a single wager on 2 entries, and shall include, but not be limited to, daily doubles, exactas, quinellas and perfectas. (c) In addition to the other commissions allowed by this section, every person engaged in the business of conducting a racing meet under this chapter shall receive as a gross commission 8% of the total contributions to all special pari-mutuel and totalizator pools conducted on each racing day on any and every racetrack licensed under this chapter. Special pari-mutuel and totalizator pool means a separate wagering pool in which an interest is represented by a single wager on more than 2 entries, and shall include, but not be limited to, tri-perfectas, trifectas, twin doubles and big exactas. (d) From the gross commissions allowed by this section, the licensee may retain as its net commissions only those sums which remain after payment of the taxes imposed by § 10165 of this title. 38 Del. Laws, c. 62, §  16 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5510; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  366; 49 Del. Laws, c. 345, §  2 ; 51 Del. Laws, c. 300, §  3 ; 55 Del. Laws, c. 84, §§  2, 3 ; 56 Del. Laws, c. 42, §  3 ; 56 Del. Laws, c. 228, §  2 ; 57 Del. Laws, c. 111 ; 57 Del. Laws, c. 470, §  2 ; 58 Del. Laws, c. 298, §  2 ; 60 Del. Laws, c. 426, §  5 ; 60 Del. Laws, c. 512, §  3 ; 61 Del. Laws, c. 163, §  3 ; 68 Del. Laws, c. 84, §  173(a) ; § 10167 No deduction for federal taxes for purposes of §§ 10165 and 10166. For the purpose of making any of the calculations of amounts payable to this State and to the licensee under §§ 10165 and 10166 of this title, no federal taxes, if any, shall be deducted from the amount of total contributions before applying the percentages specified in such sections. 38 Del. Laws, c. 62, §  16 ; 40 Del. Laws, c. 112, §  1 ; Code 1935, §  5510; 43 Del. Laws, c. 242 ; 28 Del. C. 1953, §  367; 68 Del. Laws, c. 84, §  173(a) ; § 10168 Disposition of moneys for unclaimed pari-mutuel tickets [Repealed]. Repealed by 76 Del. Laws, c. 277, § 3, effective June 30, 2008. § 10169 Combined pari-mutuel pools on interstate simulcast wagering. (a) On interstate simulcasts of races that a person licensed under this chapter transmits or receives, the licensee may combine wagers made at the licensee’s track with wagers of the same type made at out-of-state facilities where wagering is lawful. (b) The purpose of this section is to allow the creation of common pari-mutuel pools for calculating odds and determining payouts. (c) The wagers made at out-of-state facilities may not be considered part of the licensee’s pari-mutuel pools for any purpose other than the purpose specified under subsection (b) of this section. 68 Del. Laws, c. 25, §  1 ; § 10170 Tax enforcement. The Director of the Division of Revenue shall enforce the administration of taxes provided for in this chapter in §§ 10123, 10165 or any other applicable section of this chapter. 71 Del. Laws, c. 414, §  6 ; § 10171 Jockeys Health and Welfare Benefit Fund. (a) A special fund of the State is hereby established to be known as the “Delaware Jockeys Health and Welfare Benefit Fund.” Funds reserved for the Delaware Jockeys Health and Welfare Benefit Fund pursuant to § 4815(b)(4)c. of Title 29 shall be transferred to the Delaware Jockeys Health and Welfare Benefit Fund which will be maintained in an account established in the Department of Agriculture. (b) Moneys from the Delaware Jockeys Health and Welfare Benefit Fund shall be expended in accordance with the provisions of § 4815(b)(4)c. of Title 29 and pursuant to regulations and reasonable criteria for benefit eligibility promulgated by the Jockeys Health and Welfare Benefit Fund Board. (c) The Delaware Jockeys Health and Welfare Benefit Fund shall be invested by the State Treasurer consistent with the investment policies established by the Cash Management Policy Board. All income earned shall be reinvested in the Delaware Jockeys Health and Welfare Benefit Fund. 74 Del. Laws, c. 424, §  2 ; 79 Del. Laws, c. 311, §  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(); } } § 10180 Short title. This compact shall be known and may be cited as the “Interstate Anti-Doping and Drug Testing Standards Compact.” 81 Del. Laws, c. 375, § 1 ; § 10181 Compact. The State of Delaware is hereby authorized to enter into the following compact subject to the terms and conditions stated in the compact. ARTICLE I. PURPOSES The purposes of this compact are: (a) To enable member states to act jointly and cooperatively to create more uniform, effective, and efficient breed specific rules and regulations relating to the permitted and prohibited use of drugs and medications for the health and welfare of the horse and the integrity of racing, and testing for such substances, in or affecting a member state; and (b) To authorize the Delaware Thoroughbred Racing Commission to participate in the compact. ARTICLE II. DEFINITIONS As used in this compact: (a) “Compact Commission” means the organization of delegates from the member states that is authorized and empowered by this compact to carry out the purposes of this compact. (b) “Compact rule” means a rule or regulation member state regulating the permitted and prohibited use of drugs and medications for the health and welfare of the horse and the integrity of racing, and testing for such substances, in live pari-mutuel horse racing that occurs in or affects such states. (c) “Delegate” means the chair of the member state racing commission or similar regulatory body in a state, or such person’s designee, who represents the member state as a voting member of the Compact Commission and anyone who is serving as such person’s alternate. (d) “Equine drug rule” means a rule or regulation that relates to the administration of drugs, medications, or other substances to a horse that may participate in live horse racing with pari-mutuel wagering including, but not limited to, the regulation of the permissible use of such substances to ensure the integrity of racing and the health, safety and welfare of race horses, appropriate sanctions for rule violations, and quality laboratory testing programs to detect such substances in the bodily system or a race horse. (e) “Live racing,” means live horse racing, except harness horse racing, with pari-mutuel wagering. (f) “Member state” means each state that has enacted this compact. (g) “National industry stakeholder” means a nongovernmental organization that from a national perspective significantly represents 1 or more categories of participants in live racing and pari-mutuel wagering. (h) “Participants in live racing” means all persons who participate in, operate, provide industry services for, or are involved with live racing with pari-mutuel wagering. (i) “State” means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (j) “State racing commission” means the state Racing Commission, or its equivalent, in each member state, where a member state has more than one; it shall mean all such racing commissions, or their equivalents, except for the Delaware Harness Racing Commission. ARTICLE III. COMPOSITION AND MEETING OF COMPACT COMMISSION The member states shall create and participate in a Compact Commission as follows: (a) This compact shall come into force when enacted by any 2 eligible states, and shall thereafter become effective as to any other member state that enacts this compact. Any state that has adopted or authorized pari-mutuel wagering or live horse racing shall be eligible to become a party to this compact. A compact rule shall not become effective in a new member state based merely upon it entering the compact. (b) The member states hereby create the interstate anti-doping and drug testing standards Compact Commission, a body corporate and an interstate governmental entity of the member states, to coordinate the rule making actions of each member state racing Commission through a Compact Commission. (c) The Compact Commission shall consist of 1 delegate, the chair of the state racing commission or such person’s designee, from each member state, when a delegate is not present to perform any duty in the Compact Commission, a designated alternate may serve. The person who represents a member state in the Compact Commission shall serve and perform such duties without compensation or remuneration; provided that subject to the availability of budgeted funds, each may be reimbursed or ordinary and necessary costs and expenses. The designation of a delegate, including the alternate, shall be effective when written notice has been provided to the Compact Commission. The delegate, including the alternate, must be a member or employee of the state racing commission. (d) The compact delegate from each state shall participate as an agent of the state racing commission. Each delegate shall have the assistance of the state racing commission in regard to all decision making and actions of the state in and through the Compact Commission. (e) Each member state, by its delegate, shall be entitled to 1 vote in the Compact Commission. A super majority affirmative vote of 80% of the total number of delegates shall be required to propose a compact rule, receive and distribute any funds and to adopt, amend, or rescind the bylaws. A compact rule shall take effect in and for each member state when adopted by a super majority affirmative vote of 80% of the total number of member states. Other compact actions shall require a majority vote of the delegates who are meeting. (f) Meetings and votes of the Compact Commission may be conducted in person or by telephone or other electronic communication. Meetings may be called by the chair of the Compact Commission or by any 2 delegates, reasonable notice of each meeting shall be provided to delegates serving in the Compact Commission. (g) No action may be taken at a Compact Commission meeting unless there is a quorum, which is either a majority of the delegates in the Compact Commission, or where applicable, all the delegates from any member states who propose or are voting affirmatively to adopt a compact rule. (h) Once effective, the compact shall continue force and remain binding according to its terms upon each member state; provided that, a member state may withdraw from the compact by repealing the statute that enacted the compact i