An Act To Provide Additional Funding for Prescription Drugs for Maine's Elderly
Maine Legislature, Session 122, LD 1371
Committee: Legal and Veterans Affairs
Sponsors: NUTTING, ADAMS, BLANCHARD, BROWN, HOGAN, JODREY, LANSLEY, SA VIELLO, RA YE
Amends: 8 MRSA §300, 8 MRSA §300-A, 8 MRSA §1036

Legislative Document 
No. 1371 
H.P.957 
House of Representatives, March 17,2005 
An Act To Provide Additional Funding for Prescription Drugs for 
Maine's Elderly 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representati ve HOTHAM of Dixfield. 
Cosponsored by Senator NUTTING of Androscoggin and 
1f/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BLANCHARD of Old Town, BROWN of South 
Berwick, HOGAN of Old Orchard Beach, JODREY of Bethel, LANSLEY of Sabattus, 
SA VIELLO of Wilton, Senator: RA YE of Washington. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRSA §300, as enacted by PL 2003, c. 687, Pt. A., §4 
and affected by Pt. B, §ll, is repealed. 
Sec. 2. 8 MRSA §300-A is enacted to read: 
S300-A. 
Harness Racing Stabilization Fund 
1. 
Fund created. 
The Harness Racing Stabilization Fund, 
referred to in this section as "the fund," is established to 
provide 
financial 
assistance 
to 
Maine's 
off-track 
betting 
facilities. 
2. 
Request 
for 
financial 
assistance. 
Each 
off-track 
betting facility licensed under section 275-D and in operation as 
of December 31, 2003 may file a request for financial assistance 
with the Department of Public Safety, 
Gambling Control 
Board 
established in chapter 31 and referred to in this section as "the 
board." 
The request for financial assistance must be on forms 
provided by the board and must meet the criteria established by 
the 
board 
pursuant 
to 
subsection 
3. 
A.n 
off-track 
betting 
facility seeking financial assistance pursuant to this section 
shall provide proof of need on a quarterly basis for the first 
year of assistance; 
thereafter, 
proof must be provided on 
a 
annual basis. 
3. 
Criteria 
for 
financial 
assistance. 
The 
board, 
by 
routine technical rulemaking pursuant to Title 5, chapter 375, 
subchapter 
2-A., 
shall 
establish 
criteria 
for 
determining 
financial need. 
The criteria must 
include proof of loss of 
revenue due to the presence of slot machines registered pursuant 
to chapter 31, subchapter 2. 
4. 
Distribution; timing. 
Within 30 days of receipt of a 
request for financial assistance under subsection 2, the board 
shall determine whether the request meets the board's cd ter ia 
under subsection 3 and, if the criteria are met. the amount to 
which the off-track betting facility is entitled. 
If the board 
denies, 
in 
whole 
or 
in 
part. 
the 
request 
for 
financial 
assistance, the board shall notify the off-track betting facility 
of the board's decision and its reasons for the decision. 
If the 
board grants the request, the board may establish a schedule for 
making 
payments 
to 
that off-track betting facility. 
If the 
amount in the fund is insufficient to satisfy the amount the 
board determines the off-track betting facility is entitled to, 
the board may modify the amount to be paid to reflect the limit 
of the fund. 
Page l-LR1585 (1) 
5. 
Payment limits; lapse of funds. 
Payments from the fund 
to 
off-track 
betting 
facilities 
may 
not 
exceed 
the 
amount 
deposited 
annually 
into 
the 
fund 
pursuant 
to 
section 
1036, 
subsection 2, paragraph K. 
The total annual payments from the 
fund as of July 1st may not exceed the total deposits to the fund 
as of the preceding June 30th. 
Any funds remaining in the fund 
after all annual distributions j;rursuant to subsection 4 must be 
forwarded to the Treasurer of State, who shall credit the funds 
to the elderly low-cost drug program established in Title 22, 
section 254. 
6. 
Termination of payments. 
Payments 
from the 
fund to 
off-track betting facilities must be discontinued 48 months after 
the first distribution of payments pursuant to subsection 4. 
7. 
Repeal. 
This section is repealed 6 months after the 
date the board terminates financial assistance payments pursuant 
to subsection 6. 
Sec. 3. 8 MRSA §1036, sub-§2, tI, as enacted by PL 2003, c. 
687, Pt. A, §5 and affected by Pt. B, §11, is repealed. 
Sec. 4. 8 MRSA §1036. sub-§2, 1fJ, as enacted by PL 
2003, c. 
687, Pt. A, §5 and affected by Pt. B, §11, is amended to read: 
J. 
One percent of the total gross slot machine income must 
be forwarded directly to the municipality in which the slot 
machines are locatedT; and 
Sec. 5. 8 MRSA §1036, sub-§2, 1fK is enacted to read: 
K. 
Two percent of the total gross slot machine income must 
be forwarded by the board to the Treasurer of State, who 
shall credit the money to the Harness Racing Stabilization 
fund 
established in section 
300-A 
to 
provide 
financial 
assistance 
payments 
to 
qualified 
off-track 
betting 
facilities. 
Once payments to off-track betting facilities 
have terminated pursuant to section 300-A, subsection 6, 
2% 
of the total gross slot machine income must be forwarded to 
the Treasurer of State, who shall credit the money to the 
elderly 
low-cost 
drug 
program established 
in Title 
22, 
section 254. 
SUMMARY 
Under current law, 2% of total gross slot machine income is 
deposited in the fund to Stabilize Off-track Betting Facilities 
for the distribution of revenue to off-track betting facilities. 
This bill repeals that fund and creates a 
new fund, 
the 
Harness Racing Stabilization Fund, 
into which 
2q,o of the total 
gross slot machine income must be deposited. 
The new fund serves 
as a source of revenue for licensed off-track betting facilities 
that apply to the Department of Public Safety, Gambling Control 
Board for financial assistance payments. 
The board is required 
to establish criteria that the off-track betting facility must 
meet in order to be eligible for financial assistance payments. 
One criterion that an off-track betting facility must meet is a 
showing of loss of revenue due to the presence of licensed slot 
machines 
in 
the 
State. 
The 
board 
determines 
whether 
the 
off-track betting facility has met the criteria and the amount of 
the financial assistance payment. 
If the amount of payments to 
the fund exceeds the amount of financial assistance payments, 
then the excess lapses to the Treasurer of State to be used for 
the elderly low-cost drug program in the Department of Health and 
Human Services. 
The financial assistance payments cease 48 months after the 
start of payments. 
When the financial assistance payments cease, 
2°'0 of the total gross slot machines income is allocated to the 
elderly low-cost drug program.