DEPARTMENT OF AGRICULTURE

Thoroughbred Racing Commission

Statutory Authority: 3 Delaware Code, Section 10005; 29 Delaware Code

Section 4815(b)(3)c (3 Del.C. §10005; 29 Del.C. §4815(b)(3)c)

3 DE Admin. Code 1002

FINAL

ORDER

Pursuant to 3 Del.C. §10171 and 29 Del.C. §4815(b)(3)c, the Delaware Jockeys’ Health and Welfare Board issues this Order adopting proposed Board Rules. Following notice and a public hearing on March 20, 2006, the Commission makes the following findings and conclusions:

Summary of the Evidence

1. The Commission posted public notice of the proposed amendments in the March 1, 2006 Register of Regulations and for two consecutive weeks in the Delaware Business Review and Delaware State News. The Commission proposed to adopt rules outlining the eligibility requirements of the Board.

2. The Commission received written comments from William Fasy and Robert Colton. The Commission held a public hearing on March 20, 2006 and received public comments from Duncan Patterson. Mr. Fasy’s written comments were as follows: he does not believe the Board has the power to award family coverage, “reasonable expenses” for the board should be more definitively defined, changes should be made to the definition of an active rider to make it more clear.

3. Mr. Colton’s written comments were as follows: the definition of retired rider could discriminate against struggling jockeys, coverage for permanently disabled jockeys should be regardless of their time as a Delaware rider before injury, also using the definition of disable rider as dependant on social security disability may be problematic as recent immigrants will not qualify for social security regardless of the severity of their injury, and the definition of dependants should be spelled out in the rules and not left to the carriers.

4. Duncan Patterson asked during the public hearing where the 5,000 career mounts came from and was concerned that this number may be a little onerous.

Findings of Fact and Conclusions

5. The public was given notice and an opportunity to provide the Commission with comments in writing and by testimony at the public hearing on the proposed amendments to the Commission’s Rules.

6. The Commission has considered the public comments at the March 20, 2006 hearing. The Commission does not find those comments require further revisions of the proposed rules. The Commission finds that the new rules address the definition of eligibility in the most fair manner possible and that they should be adopted as previously published in the Register of Regulations.

The effective date of this Order will be ten (10) days from the publication of this Order in the Register of Regulations on May 1, 2006.

IT IS SO ORDERED this ______ day of April, 2006.

Ed Stegemeier, Chair

William Fasy, Board Member

Michael McCarthy, Board Member

Jose Caraballo, Board Member

Larry Saumell, Board Member

Oliver Castillo, Board Member

1002 Delaware Jockeys’ Health and Welfare Benefit Board Regulations

1.0 Introduction

1.1 These regulations are authorized pursuant to 3 Del.C. §10171 and 29 Del.C. §4815(b)(3)c which established a Delaware Jockeys’ Health and Welfare Benefit Board (hereinafter “the Board”) and Delaware Jockeys’ Health and Welfare Benefit Fund (hereinafter “the Fund”).

1.2 The Delaware Jockeys’ Health and Welfare Benefit Board shall consist of 1 member of the Delaware Thoroughbred Racing Commission, 1 member from the licensed agent under Chapter 1010 of Title 3 or Chapter 4 of Title 28, 1 member of the Delaware Horsemen’s Association, 1 representative from the organization that represents the majority of the jockeys who are licensed and ride regularly in Delaware, and 2 jockeys who are licensed and ride regularly in Delaware. The Chairman of the Thoroughbred Racing Commission shall serve as an ex officio member, and vote on matters in the event of a tie vote on any issue. All members shall be appointed by the Thoroughbred Racing Commission, and shall serve a two year term.

1.3 The Board shall elect a Chairperson from among the appointed members of the Board. The Chairperson shall serve a two year term and may serve consecutive terms. The Chairperson shall be the presiding officer at all meetings of the Board.

1.4 The Board shall administer the Fund pursuant to these regulations and other reasonable criteria for benefit eligibility.

1.5 A special fund of the State has been established and will be known as the “Delaware Jockeys’ Health and Welfare Benefit Fund.” The Fund shall consist of the proceeds transferred from the licensed video lottery agent and the purse account pursuant to 29 Del.C. §4815(b)(3)c. The proceeds transferred to the Fund will be maintained in an account established in the Department of Agriculture.

1.6 The Fund will be invested by the State Treasurer consistent with the investment policies established by the Cash Management Policy Board. All income earned by the Fund will be reinvested in the Delaware Jockeys’ Health and Welfare Benefit Fund.

1.7 The Board shall use the Fund to provide for jockeys who regularly ride in Delaware, health benefits for active, disabled and retired jockeys. The Board may also expend usual and customary expenses for administrative purposes from the Fund.

1.8 The Thoroughbred Racing Commission’s Administrator of Racing will provide administrative support to the Board and keep minutes of all the meetings of the Board and preserve all records of the Board. The Board’s Office will be considered as part of the Office of the Thoroughbred Racing Commission.

1.9 The Board can propose to amend these regulations by an affirmative vote of the majority of the Board.

2.0 Eligibility Criteria for Health Coverage

2.1 The Board will pay from the Fund for health coverage for active jockeys who regularly ride in Delaware, eligible retired jockeys, and disabled Delaware jockeys.

2.1.1 An Active Delaware Jockey, who regularly rides in Delaware, is eligible for health insurance coverage under the fund, if the jockey had twenty-five (25) mounts in a Delaware Park season at Delaware Park; and

2.1.1.1 If the jockey’s Delaware Park mounts are less than 50 in a Delaware Park season, then 80% of that jockey’s total mounts during the regular Delaware Park season must be at Delaware Park.

2.1.1.2 If the jockey’s Delaware Park mounts are less than 100 but more than 50 in a Delaware Park season, then 50% of that jockey’s total mounts during the regular Delaware Park season must be at Delaware Park.

2.1.1.3 If the jockey’s Delaware Park mounts are 100 or more in a Delaware Park season, the jockey is eligible for health insurance coverage, regardless of the amount of total mounts at other tracks.

2.1.2 A Retired Delaware Jockey is eligible for health insurance coverage under the Fund if:

2.1.2.1 The Jockey was receiving health insurance coverage as a retired jockey provided by the Delaware Thoroughbred Racing Commission’s health insurance plan with the Jockey’s Guild on January 1, 2006; or

2.1.2.2 The Jockey rode a minimum of 100 mounts at Delaware Park during the regular Delaware Park season for at least seven years and had at least 5,000 career mounts at any track.

2.1.3 A disabled Delaware Jockey’s spouse and dependents qualify for health benefits if the disabled jockey meets all of the following requirements:

2.1.3.1 Qualification as an active Delaware jockey as defined by 2.1.1 for at least three years preceding determination of permanent disability; and

2.1.3.2 Be deemed permanently disabled by Social Security and qualify for Medicare as a result of an injury sustained during the regular Delaware Park season on the premises of Delaware Park, and arising in the course of his/her participation as a licensed jockey.

2.2 A jockey and/or the jockey’s family who meets the eligibility requirements of either an active Delaware jockey, a retired Delaware jockey, or a disabled Delaware jockey’s family will be entitled to health coverage beginning on the first of the month after it can be determined the eligibility requirement has been met, and continuing until December 31st of the next calendar year.

2.3 The Board will pay from the Fund for health coverage for the dependents of active jockeys who regularly ride in Delaware, eligible retired jockeys, and disabled Delaware jockeys.

2.3.1 Eligibility for coverage for dependants will be determined by the company providing the insurance coverage.

9 DE Reg. 1749 (05/01/06) (Final)