An Act Relating to Harness Racing Laws
Maine Legislature, Session 121, LD 0704
Committee: Legal and Veterans Affairs
Sponsors: LUNDEEN, BRYANT, PARADIS, TWOMEY
Amends: 8 MRSA §263-B, 8 MRSA §263-C, 8 MRSA §270, 8 MRSA §272, 8 MRSA §272-A, 8 MRSA §272-B, 8 MRSA §275-A, 8 MRSA §275-B, 8 MRSA §275-D, 8 MRSA §27, 8 MRSA §283

Legislative Document 
No. 704 
H.P.521 
House of Representatives, February 14,2003 
An Act Relating to Harness Racing Laws 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative LUNDEEN of Mars Hill. 
Cosponsored by Senator BRYANT of Oxford and 
/J'l~ /J7. 71ld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: PARADIS of Frenchville, TWOMEY of Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRSA §263-B. sub-§§2 and 3. as enacted by PL 1997, c. 
528, §6, are amended to read: 
2. 
Leadership in policy making. 
The department shall Eake 
ERe-±eae cooperate with the commission in developing state policy 
with regard to the harness racing industry and shall address the 
needs of the industry to remain competitive. 
3. 
Review of 
statutes 
and 
rules. 
The 
department 
in 
conjunction with the commission shall maintain an ongoing review 
of the statutes and rules relating to harness racing and with the 
approval 
of 
the 
commission 
make 
recommendations 
to 
the 
GovernorTand the Legislature 
aHe-~~-£~mmi56i9H regarding the 
need for changes in statutes and rules to improve the condition 
of the harness racing industry and the conduct and regulation of 
harness racing and off-track betting. 
Sec. 2. 8 MRSA §263-C, sub-§I. as reallocated by PL 1999, c. 
790, Pt. A, §8, is amended to read: 
1. 
Position. 
The executive director is aH-·+Hl.£-la-65ifiea a 
classified position within the department. 
Sec. 3. 8 MRSA §263-C. sub-§2. as reallocated by PL 1999, c. 
790, Pt. 
A, 
§8, is repealed and the following enacted in its 
place: 
2. 
Appointment. 
The 
commissioner 
shall 
appoint 
an 
executive director with the approval of the 
commission. 
The 
executive director is the principal administrative, operational 
and executive employee of the commission. 
Sec. 4. 8 MRSA §263-C, sub-§4. ~~A and B, as reallocated by PL 
1999, c. 790, Pt. A, §8, are amended to read: 
A. 
Management of the work of the commission, including: 
(1) 
Rulemaking; 
(2) 
Processing appeals; 
(3) 
Licensing 
of 
tracks 
and 
off-track 
betting 
facilities; aBa 
(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 
betting statutes and rules; 
racing 
and 
off-track 
(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 
GovernmentT-aBa~ 
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Sec. 5. 8 MRSA §270, first~. as amended by PL 200L c. 567, 
§2, is further amended to read: 
Any person, association or corporation licensed to conduct 
pari-mutuel betting desiring to hold a harness horse race or meet 
for public exhibition if pari-mutuel wagering is permitted shall 
apply to the commission for a license to do so. The application 
must be signed and sworn to by the person or executive officer of 
the association or corporation and must contain the following 
information: 
Sec. 6. 8 MRSA §272. as amended by PL 1969, c. 526, §2, is 
further amended to read: 
§272. 
Bonds 
Every person, association or corporation licensed under this 
chapter shall, 
before said license is issued, 
give 
bond or 
irrevocable letter of credit to the State in such reasonable sum, 
not exceeding $100,000, as may be fixed by the commission, with a 
surety or sureties to be approved by the commission, conditioned 
to faithfully make the payments prescribed by this chapter and to 
keep its books and records and make reports as provided, and to 
conduct its racing in conformity with this chapter and the rules 
and regulations prescribed by the commission. 
Sec. 7. 8 MRSA §272-A. as amended by PL 1999, c. 482, §l, is 
repealed. 
Sec. 8. 8 MRSA §272-B is enacted to read: 
§272-B. 
Association funding 
The licensee , as described in section 271, may pay up to 1 
1/2°~ of all amounts generated for the purpose of supplementing 
purses, 
as 
described 
in 
section 
286, 
to 
an 
association 
of 
horsemen. 
Sec. 9. 8 MRSA §275-A, sub-§l, "A and B, as repealed and 
replaced by PL 1999, c. 482, §2 and affected by §10, are amended 
to read: 
A. If the population of the region is 300,000 or more, based 
on the 1990 U. S. Census, conducted racing on more than 100 
days in each of the previous 2 calendar years, except that 
if a racetrack that qualifies as a commercial track under 
this 
paragraph 
ceases 
operation, 
a 
separate 
racetrack 
operated by the owner or operator of the racetrack that 
ceased operation qualifies as a commercial track, and for 
all purposes is considered the Same commercial track, as the 
track that ceased operation if the population of the region 
of that separate racetrack is 300,000 or more, based on the 
1990 U.S. Census, and the sum of the number of days on which 
racing was conducted at the track that ceased operation and 
the number of days on which racing was conducted at the 
separate racetrack equals at least 100 days in each of the 2 
preceding calendar years; or 
B. 
If the popUlation of the region is less than 300,000, 
based on the 1990 U.S. Census, conducted racing on more than 
days in each of the previous 2 calendar years, except 
that if a racetrack that qualifies as a 
commercial track 
under this paragraph ceases operation, a separate racetrack 
operated by the owner or operator of the racetrack that 
ceased operation qualifies as a commercial track, and for 
all purposes is considered the same commercial track as the 
track that ceased operation, if the population of the region 
of that separate racetrack is less than 300,000, based on 
the 1990 U.S. Census, and the sum of the number of days on 
which 
racing 
was 
conducted 
at 
the 
track 
that 
ceased 
operation 
and 
the 
number 
of 
days 
on 
which 
racing 
was 
conducted at the separate racetrack eguals at least 26 days 
in each of the 2 preceding calendar years. 
Sec. 10. 8 MRSA §275-B. sub-§1. as enacted by PL 1993, c. 388, 
§8, is amended to read: 
1. 
Racetracks. 
A person licensed pursuant to section 271 
to conduct harness horse racing with pari-mutuel betting may sell 
pari-mutuel pools 
and 
common 
pari-mutuel pools 
for 
simulcast 
races. 
The seller must be within the enclosure of the racetrack 
where the licensed race or race meet is conducted. 
Sec. 11. 8 MRSA §275-D. sub-§3. as amended by PL 1997, c. 528, 
§20, is further amended to read: 
3. 
Notice 
to 
conanercial 
racetracks; 
objections. 
An 
applicant shall send written notice of its application for an 
off-track betting license to any commercial racetrack in whose 
market area the facility will be located and shall present proof 
to the commission that it has provided the notice. 
The notice 
must include all information contained in the application except 
information 
described 
in 
subsection 
2, 
paragraph 
Q. 
A 
commercial racetrack shall notify the commission within 30 days 
of receiving notice if the racetrack objects to the location of 
the facility based on adverse impact to the commercial track. 
The commission shall suspend consideration of the application for 
the 
30-day objection period. 
If the 
commission 
receives 
an 
objection from 
a 
racetrack in whose market area the facility 
would be located within the 30-day period, the commission shall 
reject the application. 
If the commission does not receive an 
objection within that 
period, 
the 
commission 
may 
proceed to 
consider the application. 
For purposes of this 
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J;'aeet;J;'aek subsection, the market area is determined by measuring 
a distance of 50 miles from the center of the racetrack along the 
most 
commonly 
used 
roadway 
adj acent 
to 
the 
racetrack, 
as 
determined by the Department of Transportation, drawing a circle 
around the center of the racetrack using that 50-mile measurement 
and excluding those municipalities or unorganized territories 
that do not have boundaries contained entirely by that circle. 
Sec. 12. 8 MRSA ~275-D. sub-§4. as corrected by RR 1993, c. 2, 
§6, is amended to read: 
4. 
Notice to off-track betting facilities; 
objections. 
An 
applicant shall send written notice of its application for an 
off-track betting license 
to 
any 
existing off-track betting 
facility in whose market area the proposed 
facility will 
be 
located and shall present proof to the commission that it has 
provided the notice. 
The notice must include all information 
contained in the application except 
information described in 
subsection 
2, 
paragraph 
Q. 
An 
existing 
off-track 
betting 
facility shall notify the commission within 30 days of receiving 
notice if the facility objects to the location of the proposed 
facility. 
The 
commission shall 
suspend consideration of 
the 
application for the 30-day objection period. 
If the commission 
receives an objection from an off-track betting facility in whose 
market area the facility would be located within the 
30-day 
period, 
the commission shall reject the application. 
If the 
commission does not receive an objection within that period, the 
commission may proceed to consider the application. 
For purposes 
of thi s 
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r::aai1:is-cl- -tRe- -e.f.f--t.£-a€-k--be-t-t-i-ng--£ae i±ity s ubsect ion, the mar ket 
area is determined by measuring a distance of 35 miles from the 
off-track betting facility along the most commonly used roadway 
adjacent to the off-track betting facility, as determined by the 
Department of Transportation, drawing a circle around the center 
of the off-track betting facility using that 35-mile measurement 
and excluding those municipalities or unorganized territories 
that do not have boundaries contained entirely by that circle. 
Sec. 13. 8 MRSA §27S·N~ as amended by PL 2001, c. 567, §4, is 
further amended to read: 
§215-N. 
Limitations on off-track betting facilities 
The 
commission 
may 
not 
allow interstate simUlcasting or 
license any off-track betting facility for 
any calendar year 
unless during the preceding 2 calendar years there were at least 
race dates on which live racing actually was conducted at the 
commercial 
tracks. 
Interstate 
simulcasting 
always 
must 
be 
allowed at any commercial track that conducted at least 136 race 
dates during the immediately preceding 2 calendar years or at an 
existing commercial track as defined in section 275-A, subsection 
1, paragraph B at which at least 35 race dates were conductec1 
during the preceding 2 years if the interstate simulcasting at 
the commercial track is conducted during the regular meetinq. 
For 
the 
purposes 
of 
this 
section, 
any 
race 
date 
that 
the 
commission determines was 
canceled due to 
a 
natural or other 
disaster must be counted as a race date. 
For the purposes of 
this section and for the purpose of meeting the requirements of 
section 275-A, subsection 1, any race date that is canceled at a 
commercial 
race 
track 
due 
to 
the 
inability 
to 
meet 
the 
requirements of section 27 S-A, subsection 9-A because of a horse 
shortage, as verified by the state steward, is counted as a race 
date 
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Sec. 14. 8 MRS A §279-D is enacted to read: 
§279-D. 
Insurance 
Applicants 
for 
an owner's license must provide proof of 
liability insurance on horses owned by the applicant in an amount 
not less 
than $300,000. 
Copies 
of 
that liability insurance 
coverage must accompany the application for an owner's license. 
Sec. 15. 8 MRSA §283. as amended by PL 1999, c. 482, §S, is 
further amended to read: 
§283. 
Reciprocal disciplinary action 
The department shall act to obtain current listings from 
other 
6~a~e6 racing jurisdictions of persons in harness racing 
occupations regulated by the 
6~a~e racing jurisdiction who have 
been refused a license or who have had their license revoked or 
suspended. 
The 
commission shall refuse 
to 
license or shall 
suspend the license of these persons until notification that they 
are again eligible for licensing in the 6~a~e racing jurisdiction 
or 6~a~e6 racing jurisdictions in question. 
SUMMARY 
This bill accomplishes the following. 
l. 
Current 
law 
specifies 
that 
the 
Department 
of 
Agriculture, 
Food 
and 
Rural 
Resources 
"take 
the 
lead" 
in 
developing state policy with respect to harness racing. 
This 
bill instead directs the department to cooperate with the State 
Harness Racing Commission in developing such state policy. 
2. 
It directs the State Harness Racing Commission to share 
the duty of reviewing racing-related statutes and rules on an 
ongoing basis and requires that the appointment of the executive 
director receive the commissioner's approval. 
3. 
It identifies the executive director's duty to report 
and recommend changes regarding harness racing as the work of the 
commission, rather than as the work of the department. 
4. 
It repeals the provision requiring the establishment of 
SO 
trust accounts. 
S. 
It requires the licensee to pay to an association of 
horsemen up to 1. Sqb of all amounts generated for the purpose of 
supplementing purses. 
6. 
It 
specifies 
that 
if 
a 
commercial 
operation, 
a 
separate racetrack operated by the 
now-closed racetrack is considered to be the same 
the track that ceased operation. 
track 
ceases 
owner of the 
racetrack as 
7. 
It authorizes the sale of common pari-mutuel pools for 
simulcast races. 
8. 
It changes the method of determining market area. 
9. 
It requires 
an applicant 
provide proof of insurance of not 
applicant's horses. 
for 
an owner's 
license 
less than $300,000 
on 
to 
the