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Delaware Statutes, Title 3

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Delaware/Statutes

← All Delaware coverage

Title 3, Agriculture

55 chapters · 735 sections in this title.

All chapters in Title 3735 Ch 31, MILK, CREAM AND OTHER MILK PRODUCTS;…56 Ch 10, STATE FORESTRY50 Ch 9, DELAWARE AGRICULTURAL LANDS PRESERVA…48 Ch 100, HARNESS RACING45 Ch 12, PESTICIDES40 Ch 101, HORSE RACING40 Ch 85, CORPORATION LAW FOR COOPERATIVE AGRI…36 Ch 73, CONTROL AND ERADICATION OF CATTLE DI…27 Ch 82, RABIES CONTROL IN ANIMAL AND HUMAN P…25 Ch 22, NUTRIENT MANAGEMENT24 Ch 21, Commercial Fertilizers and Soil Cond…23 Ch 87, Meat and Poultry Products Inspection21 Ch 7, Agricultural Commodities Development Act17 Ch 15, Seeds15

40 sections·Filtered byTitle 3✕Ch 101✕

3 Del. C. § 10101. Composition, appointment, qualifications and term; Chairman and Secretary; compensation; vacancies and reappointment.
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§ 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…
3 Del. C. § 10102. Removal of Commissioner from office.
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§ 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 cou…
3 Del. C. § 10103. Powers, duties and jurisdiction.
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§ 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, …
3 Del. C. § 10104. Oath and bond; failure to furnish.

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§ 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…

3 Del. C. § 10105. Meetings; office; and quorum.

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§ 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 …

3 Del. C. § 10106. Secretary’s duties.

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§ 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 …

3 Del. C. § 10107. Employees.

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§ 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 integri…

3 Del. C. § 10108. Operational expenses; use of revenues; stewards; use of lottery revenues.

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§ 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…

3 Del. C. § 10109. Annual report.

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§ 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 dee…

3 Del. C. § 10110. Administrative inspection warrants.

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§ 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 administrat…

3 Del. C. § 10121. License to conduct racing for stake, purse or reward.

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§ 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. …

3 Del. C. § 10122. Application; inspections and examinations; rejection; award of dates and maximum racing days.

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§ 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 …

3 Del. C. § 10123. Application and license fees.

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§ 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 $3,00…

3 Del. C. § 10124. Issuance; terms and conditions.

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§ 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 fro…

3 Del. C. § 10125. Suspension or revocation; appeal.

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§ 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 s…

3 Del. C. § 10126. Required condition contained in every license [Repealed].

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§ 10126. Required condition contained in every license [Repealed]. Repealed by 63 Del. Laws, c. 143, § 7, eff. July 13, 1981.

3 Del. C. § 10127. Inspection of racing premises prior to meet.

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§ 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…

3 Del. C. § 10128. Rules, regulations and special powers of Commission.

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§ 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) …

3 Del. C. § 10129. Licensee’s annual financial statement.

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§ 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 fisc…

3 Del. C. § 10131. License to participate in racing.

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§ 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:…

3 Del. C. § 10141. Application of chapter.

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§ 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 subs…

3 Del. C. § 10143. Liability insurance of licensee.

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§ 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. T…

3 Del. C. § 10144. Limitation on payment of compensation.

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§ 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 …

3 Del. C. § 10145. Minimum purse, stake or reward.

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§ 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 considere…

3 Del. C. § 10146. Aiding or abetting in unlicensed meet; penalty; enforcement.

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§ 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 u…

3 Del. C. § 10147. Failure of licensee to pay taxes on admissions; penalty.

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§ 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 amou…

3 Del. C. § 10148. Restrictions on licensee acting as video lottery agent.

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§ 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…

3 Del. C. § 10161. Place of conducting pari-mutuel betting.

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§ 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…

3 Del. C. § 10162. License to conduct pari-mutuel or totalizator pools; application for and qualifications of licensee; grant of license.

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§ 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 …

3 Del. C. § 10163. Revocation of license.

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§ 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, …

3 Del. C. § 10164. Rules, regulations and special powers of Commission; subpoenas; contempt; perjury.

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§ 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) Reg…

3 Del. C. § 10165. Tax on pari-mutuel income.

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§ 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 d…

3 Del. C. § 10166. Licensee’s commissions on pari-mutuel and totalizator pools.

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§ 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 tota…

3 Del. C. § 10167. No deduction for federal taxes for purposes of §§ 10165 and 10166.

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§ 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 o…

3 Del. C. § 10168. Disposition of moneys for unclaimed pari-mutuel tickets [Repealed].

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§ 10168. Disposition of moneys for unclaimed pari-mutuel tickets [Repealed]. Repealed by 76 Del. Laws, c. 277, § 3, effective June 30, 2008.

3 Del. C. § 10169. Combined pari-mutuel pools on interstate simulcast wagering.

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§ 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-st…

3 Del. C. § 10170. Tax enforcement.

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§ 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;

3 Del. C. § 10171. Jockeys Health and Welfare Benefit Fund.

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§ 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 Tit…

3 Del. C. § 10180. Short title.

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§ 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;

3 Del. C. § 10181. Compact.

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§ 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…