An Act To Establish the Gambling Control Board To License and Regulate Slot Machines at Commercial Harness Racing Tracks
Maine Legislature, Session 121, LD 1820
House Amendment HA_A_H891 (House)
Amends: 7 MRSA §76, 8 MRSA §263-C, 8 MRSA §271, 22 MRSA §1511, 25 MRSA §3902

HOUSE AMENDMENT "A" to H.P. 1342, L.D. 1820, Bill, "An Act 
To Establish the Gambling Control Board To License and Regulate 
Slot Machines at Commercial Harness Racing Tracks" 
Amend the bill in Part A by inserting after section 11 the 
following: 
. Sec. A·12. Contingent effective date; referendum. 
This Part 
takes effect contingent on the referendum set out in Part D. ' 
Further amend the bill in Part B by inserting after section 
the following: 
'Sec. B·I0. Contingent effective date; referendum. 
This Part 
takes effect contingent on the referendum set out in Part D.' 
Further amend the bill by inserting after Part B and before 
the emergency clause the following: 
'PARTC 
Sec. C·l. 7 MRSA §76, as enacted by IB 2003, c. 1, §1, is 
repealed. 
Sec. C-2. 8 MRSA §263-C, sub-§4, 1[1[A and B, as amended by PL 
2003, c. 401, §4 and IB 2003, c. 1, §2, are repealed and the 
following enacted in their place: 
A. 
Management of the work of the commission, including: 
Page l-LR2664(9) 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,An to H.P. 1342, L.D. 1820 
(2) 
Processing appeals: 
(3) 
Licensing 
of 
tracks 
and 
off track 
betting 
facilities: 
(4) 
Setting race dates; and 
(5) 
Making reports to the Governor and Legislature and 
recommendations to the commissioner regarding harness 
racing and off-track betting operations and the need 
for changes in statutes and rules: and 
B. 
Management of the work of the department 
regarding 
harness racing and off-track betting. including: 
(1) 
Supervision of all staff involved in harness 
racing and off-track betting functions: 
(2) 
Management of the collection and distribution of 
revenues under this chapter: 
(3) 
Budget development and management; 
(4) 
Policy development with regard to harness racing 
and off-track betting: 
(5) 
Management of participant licensing; 
(6) 
Enforcement 
of 
harness 
racing 
and 
off track 
betting statutes and rules: 
(7) 
Investigation of harness 
racing 
and off track 
betting violations: and 
( 8) 
Facilitating the development of positive working 
relationships in the harness racing industry and State 
Government. 
Sec. C-3. 8 MRSA §271, sub-§l, as amended by IB 2003, c. I, 
§3, is further amended to read: 
1. 
Licensinq. 
If the commission is satisfied that all of 
this chapter and rules prescribed by the commission have been 
substantially complied with during the past year and will be 
fully 
complied with during 
the 
coming year 
by 
the 
person, 
association or corporation applying for 
a 
license; 
that the 
applicant, 
its 
members, 
directors, 
officers, 
shareholders, 
employees, creditors and associates are of good moral character; 
that the applicant is financially responsible; and that the award 
HOUSE AMENDMENT 
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HOUSE AMENDMENT IIff, to H.P. 1342, L.D. 1820 
of 
racing dates 
to the 
applicant is 
appropriate under 
the 
criteria contained in subsection 2, it may issue a license for 
the holding of harness horse races or meets for public exhibition 
with pari-mutuel pools, which must expire on December 31st. 
The 
fee for a license is $100 or $10 per week, whichever is higher. 
The commission shall provide a booklet containing harness racing 
laws and rules and relevant portions of the Maine Administrative 
Procedure Act to every initial licensee and a fee not to exceed 
$10 must be included in the license fee to cover the cost of this 
publication. 
The commission shall provide necessary revisions of 
this booklet to those persons renewing licenses at the time of 
renewal and shall include the cost of the revisions, not to 
exceed $10, in the renewal fee. 
The license must set forth the 
name of the licensee, the place where the races or race meets are 
to be held and the specific race dates and time of day or night 
during which racing may be conducted by the licensee. 
If the 
commission determines that the location where a commercial track 
is licensed to conduct races is unavailable, it may permit a 
licensee 
to 
transfer its license 
to 
another 
location. 
The 
substitute location and the races conducted there by the licensee 
must be conducted in accordance with this chapter. 
Any such 
license issued is not transferable or assignable. 
The District 
Court Judge, as designated in Title 4, chapter 5, may revoke any 
license issued at any time for violation of the commission' s 
rules or licensing provisions upon notice and hearing. 
A-~ieeBse 
i66~ea-~-~~~-6eeEieB-4~~~~~~-eE-~~~~-*eB~ 
as-~he-~emmi664eB-~4~-~~-~~~~~~r~~~-a&&~Bee-saEi6~ie6 
a**-e*emeB~6-~e~-~~4~~-~~-~~-&e~~-~~aB&~e~~ea-eE 
aSSi~Bea~---A The license of any corporation is automatically 
revoked, subject to Title 5, chapter 375, 
upon the change in 
ownership, legal or equitable, of 50~ or more of the voting stock 
of - a .the. corporation *,i,eeBsea-~--1::-&~&-6e~~4e*l.--GOn6-t-k-ut.-&S--a 
t:EaBs~e~-~i--~-be--HeeBse and the corporation may not hold a 
harness horse race or meet for public exhibition without a new 
license. 
Sec. C-4. 8 MRSA §§296 and 297, as enac ted by I B 2003, c • 1, 
§4, are repealed. 
Sec. C-5. 8 MRSA c. 30, as amended, is repealed. 
Sec. C-6. 22 MRSA §1511, sub-§10, as enacted by IB 2003, c. 1, 
§6, is repealed. 
Sec. C-7. 25 MRSA §3902, sub-§4, as enacted by IB 2003, c. 1, 
§7, is repealed. 
Sec. C-8. Retroactivity. 
This Part applies retroactively to 
January 3, 2004. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ~" to H.P. 1342, L.D. 1820 
Sec. C-9. Contingent effective date; referendum. 
This Part takes 
effect contingent on the referendum set out in Part D. 
PARTD 
Sec. D-l. Statutory referendum procedure; submission at general 
election; form of question; effective date. 
This Act takes effect when 
approved only for the purpose of permitting its submission to the 
legal voters of the State at the next general election in the 
month of November following passage of this Act. 
The municipal 
officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner 
prescribed by law for holding a statewide election, to vote for 
one of the following questions: 
"Question A. 
Do 
you favor the law passed by the l2lst 
Legislature in Second Special Session that establishes the 
Gambling Control Board to license and regulate slot machines 
at commercial harness racing tracks, which amends the law 
enacted by citizen's initiative approved by the voters of 
Maine on November 4, 2003?" 
"Question B. 
Do 
you favor the law enacted by citizen's 
initiative approved by the voters of Maine on November 4, 
2003, 
which 
allows 
slot machines 
at 
commercial 
harness 
racing tracks, unchanged by the law passed by the 121st 
Legislature in Second Special Session?" 
"Question C. Do you favor repeal of all laws that permit the 
operation of slot machines at commercial harness racing 
tracks?" 
The legal voters of each city, town and plantation shall 
vote by ballot on these questions and designate their choice for 
only one of the questions by a cross or check mark placed within 
a corresponding square below the word "Yes." 
The ballots must be 
received, sorted, counted and declared in open ward, 
town and 
plantation meetings and returns made to the Secretary of State in 
the same manner as votes for members of the Legislature. 
The 
Governor 
shall 
review 
the 
returns. 
If it appears 
that 
a 
plurality of the legal votes are cast in favor of Question A, the 
Governor shall proclaim that fact without delay, and Part A and 
Part B of this Act take effect 30 days after the date of the 
proclamation. 
If it appears that a plurality of the legal votes 
are cast in favor of Question B, the Governor shall proclaim that 
fact without delay, and Part A, Part B and Part C of this Act do 
not take effect. 
If it appears that a plurality of the legal 
votes 
are 
cast 
in 
favor 
of 
Question 
C, 
the 
Governor 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ~ 
.. to H.P. 1342, L.D. 1820 
shall proclaim that fact without delay, and Part C of this Act 
takes effect 30 days after the date of the proclamation. 
The Secretary of State shall prepare and furnish to each 
city, town and plantation all ballots, returns and copies of this 
Act necessary to carry out the purposes of this referendum.' 
SUMMARY 
This amendment changes the bill in 2 ways. 
1. 
It adds Part D, which proposes to allow the voters of 
Maine at referendum to determine whether they want: 
A. 
Slot machines at commercial harness racing tracks as 
amended by this bill and any accompanying amendments; 
B. 
Slot machines at commercial harness racing tracks as 
enacted by citizen's initiative approved by the voters of 
Maine on November 4, 2003 and without the changes proposed 
in this bill and any accompanying amendments; or 
C. 
No slot machines at commercial harness racing tracks by 
repealing the law enacted by citizen's initiative. 
2. 
It adds a new Part C to the bill that repeals all the 
authorization for slot machines at commercial harness 
racing 
tracks. 
Part C takes effect only if Question C passes. 
FISCAL NOTE REQUIRED 
(See attached) 
SPQNSORED BY, ~~ 
~------­
(Representativ~ 
TOWN: 
South Portland 
HOUSE AMENDMENT 
Revised: 04/09/04 ~ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1820 
An Act To Establish the Gambling Control Board To License and 
Regulate Slot Machines at Commercial Harness Racing Tracks 
LR2664(09) 
Fiscal Note for House Amendment" " 
Sponsor: Rep. Glynn 
Fiscal Note Required: Yes 
Fiscal Note 
Referendum Costs 
Referendum Costs 
MonthlY ear 
Election Type 
Question 
Length 
Nov-04 
General 
Referendum 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions increases the ballot length, an additional 
appropriation of $8,000 or more may be required. 
Fiscal Detail and Notes 
Depending on which ballot question in this amendment is finally approved by the voters, the revenue impact of IB 
2003, c.1 (LD 1371), currently included in baseline budgeted estimates, will be changed, left intact, or eliminated 
entirely. 
LR2664(9) - Fiscal Note - Page 1 of 1