Del. Code tit. 3 § 10009
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, shall be used to cover its respective operational expenditures. The Harness Racing Commission shall maintain three positions used for the State Steward, the Presiding Judge and one Associate Judge. 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 Harness 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.
3 Del. C. § 10009