Title 3, Agriculture

§ 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 …

§ 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 necessar…

§ 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 integri…

§ 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 pres…

§ 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…

§ 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 C…

§ 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) An…

§ 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 Commissi…

§ 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 …

§ 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 crim…

§ 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 i…

§ 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, …

§ 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 whic…

§ 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 i…

§ 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 t…

§ 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 public…

§ 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 …

§ 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…

§ 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; pr…

§ 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 …

§ 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 h…

§ 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 thi…

§ 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. …

§ 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 …

§ 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 t…

§ 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 Departmen…

§ 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…

§ 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 R…

§ 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…

§ 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 manua…

§ 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…

§ 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…

§ 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 to…

§ 10057. Licensee’s commissions on pari-mutuel and totalizator pools. (a) The Commission shall authorize commissions pursuant to this subsection and subsection (b) of this section on pari-mutuel or totalizator pools to all licensees operating a racing meet pursuant to this chapte…

§ 10058. Deduction of federal taxes from total of contributions. For the purpose of making any of the calculations of amounts payable to the State and to the licensee under §§ 10056 and 10057 of this title, no federal taxes, if any, shall be deducted from the amount of total cont…

§ 10059. Disposition of moneys for unclaimed pari-mutuel tickets [Repealed]. Repealed by 76 Del. Laws, c. 277, § 3, effective June 30, 2008.

§ 10060. 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-st…

§ 10061. Tax enforcement. The Director of the Division of Revenue shall enforce the administration of taxes provided for in §§ 10024 and 10056 of this title, or any other applicable section of this chapter.71 Del. Laws, c. 414, § 3;

§ 10081. Title and established. (a) This section shall be referred to as the Delaware Standardbred Breeders’ Program Fund Act of 1999. (b) (1) A special fund of the State is hereby established in the Department of Agriculture to be known as the “The Delaware Standardbred Breeders…