§ 10101 — Composition, appointment, qualifications and term; Chairman and Secretary; compensation; vacancies and reappointment

Delaware § 10101

• Jurisdiction: Delaware
• Title: 3
• Part: Horse Racing
• Subch.: Delaware Thoroughbred Racing Commission

Text

(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.]

Legislative History

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