An Act To Authorize a Tribal Commercial Track and Slot Machines in Washington County
Maine Legislature, Session 122, LD 1573
Committee: Legal and Veterans Affairs
Sponsors: MOORE, RA YE, BIERMAN, DUGAY, EMERY, PATRICK, GAGNON, PLOWMAN
Amends: 8 MRSA §271, 8 MRSA §275-A, 8 MRSA §275-C, 8 MRSA §275-D, 8 MRSA §286, 8 MRSA §287, 8 MRSA §300-A, 8 MRSA §1001, 8 MRSA §1011, 8 MRSA §1012, 8 MRSA §1016, 8 MRSA §1020, 8 MRSA §1035, 8 MRSA §1036, 17 MRSA §314-A

Legislative Document 
No. 1573 
H.P.1111 
House of Representatives, April 13,2005 
An Act To Authorize a Tribal Commercial Track and Slot Machines 
in Washington County 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Il/~ 
'1J7.1lldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MOORE of the Passamaquoddy Tribe. 
Cosponsored by Senator RA YE of Washington and 
Representatives: BIERMAN of Sorrento, DUGAY of Cherryfield, EMERY of Cutler, 
McFADDEN of Dennysville, PATRICK of Rumford, PERRY ofCa!ais, Senators: GAGNON 
of Kennebec, PLOWMAN of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRSA §271, sub-§9, as reallocated by RR 1997, c. 1, 
§7, is amended to read: 
9. 
Previous year's dates. 
Beginning with licenses issued 
for calendar year 1996, notwithstanding any other provision of 
this chapter, every commercial track or tribal commercial track 
that is licensed for a specific calendar year must be assigned 
all of the race dates that it requests for that year if it 
conducted live racing on those dates 
during the 
immediately 
preceding calendar year. 
For the purposes of this section, 
a 
race date is the same from year to year if it is the closest 
calendar date that falls on the same day of the week. 
Sec. 2. 8 MRSA §275-A, sub-§12 is enacted to read: 
12. 
Tribal ccmgercial track. 
"Tribal 
commercial 
track" 
means 
a 
harness 
racing track, 
operated by 
a 
tribe federally 
recognized as a tribe in Maine as of January 1, 2005, that: 
A. 
Is 
located 
more 
than 
miles 
from 
an 
existing 
commercial 
track 
but within 
miles 
of 
the 
operating 
tribe's tribal land held in trust by a federally recognized 
Indian tribe in Maine: and 
B. 
Conducts racing on more than 25 days each calendar year 
after being granted a license to conduct harness racing. 
Sec. 3. 8 MRSA §275-C, sub-§2, as enacted by PL 1997, c. 390, 
§l, is amended to read: 
2. 
Payments to aqricultural fairs conductinq live racinq. 
A commercial track or tribal commercial track located wi thin a 
35-mile radius of an agricultural fair track may not present a 
simulcast on a day when the commercial track or tribal commercial 
track is not conducting live racing and the agricultural fair 
track is conducting live racing unless the commercial track or 
tribal commercial track pays the agricultural fair track 2°'0 of 
the wagers made at the commercial track or tribal commercial 
track 
at 
the 
time 
live 
racing 
is 
being 
conducted 
at 
the 
agricultural fair track and 1% of the wagers on the other races 
conducted on a day when live racing is being conducted at the 
agricultural fair track. 
Sec. 4. 8 MRSA §275-D, sub-§3, as amended by PL 2003, c. 401, 
§12, is further amended to read: 
3. 
tracks; 
Notice to 
objections. 
commercial racetracks or tribal commercial 
An applicant shall send written notice of 
Page l-LR1964(1) 
its 
application 
for 
an 
off-track 
betting 
license 
to 
any 
commercial racetrack or tr ibal commercial track 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 or tribal commercial track 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 
or 
tribal 
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 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 adjacent to 
the racetrack, as determined by the Department of Transportation, 
drawing a circle around the center of the racetrack using that 
50-mile measurement. 
Sec. 5. 8 MRSA §275-D. sub-§6, ,D, as enacted by PL 1993, c. 
388, §8, is amended to read: 
D. 
No 
commercial 
racetrack, 
tribal commercial 
track or 
off-track betting facility in whose market area the facility 
would 
be 
located has filed 
a 
written objection to 
the 
facility within the time period prescribed in subsections 3 
and 4. 
Sec. 6. 8 MRSA§275-N, as amended by PL 2003, c. 401, §14, is 
further amended to read: 
§275-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 
or 
tribal 
commercial 
track. 
Interstate 
simulcasting always must be allowed at any commercial track or 
tribal commercial track that conducted at least 136 race dates 
during the 
immediately preceding 
calendar years 
or at 
an 
existing commercial track as defined in section 275-A, subsection 
1, paragraph B or tribal commercial track as defined in section 
275-A, 
subsection 
at which at least 
race dates 
were 
conducted 
during 
the 
preceding 
years 
if 
the 
interstate 
simulcasting at the commercial track or tribal commercial track 
is conducted during the regular meeting. 
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 
inabili ty to meet the requirements of section 275-A, 
9-A 
because of 
a 
horse 
shortage, 
as verified by 
steward, is counted as a race date. 
subsection 
the state 
Sec. 7. 8 MRSA §286, sub-§2, "A and B, as enacted by PL 1997, 
c. 528, §46, are amended to read: 
A. 
On exotic wagers: 
(1) 
The state share is 2.248% for an off-track betting 
facility 
located 
in 
the 
same 
municipality 
as 
a 
commercial track or tribal commercial track and 2. 578'l-0 
for all other facilities; 
(2 ) 
The Sire Stakes Fund share is 1.55P/o; 
( 3 ) 
The Stipend Fund share is 1. 169'l-0; 
(4) 
The Harness Racing Promotional Fund share is 0.25'l-0; 
( 5) 
The horsemen's purse share is 7.87P'b; 
(6 ) 
The track share is 7.922%; and 
(7) 
The off-track betting facility share is 4.659%. 
B. 
On regular wagers: 
(1) 
The state share is 0.493% for an off-track betting 
facility 
located 
in 
the 
same 
municipality 
as 
a 
commercial track or tribal commercial track and o. 823'l-0 
for all other facilities; 
( 2) 
The Sire Stakes Fund share is 0.072°'0; 
( 3 ) 
The Stipend Fund share is 1.186%; 
(4) 
The Harness Racing Promotional Fund share is 0.25%; 
( 5) 
The horsemen's purse share is 5.062%; 
(6 ) 
The track share is 7.899'l-0; and 
(7) 
The off-track betting facility share is 2.718°'0. 
Sec. 8. 8 MRSA §287, sub-§5, as amended by PL 1999, c. 622, 
§1, is further amended to read: 
5. 
Definition. 
For 
the 
purposes 
of 
this 
section, 
"improvements" means the amount paid out for new buildings or for 
permanent improvements made to improve the facilities utilized by 
the licensee for conducting its racing meetings; or the amount 
expended in restoring property or in improving the facility or 
any 
part 
of 
the 
facility 
that 
results 
in 
the 
addition, 
replacement or substantial enhancement or restoration of a fixed 
asset or of 
a 
movable asset that is important to efficient 
operation of 
the 
racing meetings. 
In general, 
the 
amounts 
referred to as improvements include amounts paid that add to the 
value, improve or substantially prolong the useful life of the 
racetrack 
and 
moveable 
assets utilized by 
the 
licensee 
for 
conducting its racing meetings. 
Amounts paid or incurred for 
routine repairs and maintenance of property, interest expense or 
lease payments in connection with the capital improvements are 
not improvements within the meaning of this section. 
In order to 
qualify 
as 
an 
improvement, 
a 
substantial 
enhancement 
or 
restoration of an asset must cost at least $2,000 and must be an 
expenditure that would qualify for depreciation under the United 
States Internal Revenue Code. 
A moveable asset may be considered 
important to the efficient operation of a race meeting if the 
asset will remain at the commercial track or tribal commercial 
~ 
or at the offices of the licensee throughout its use and if 
that 
asset 
is 
directly 
associated 
with 
running 
races, 
accommodating patrons of the race meet, conducting pari-mutuel 
wagering or paying purses. 
Sec. 9. 8 MRSA §287, sub-§7, as enacted by PL 1999, c. 622, 
§2, is amended to read: 
7. 
Interim 
payments 
to 
connercial 
tracks 
or 
tribal 
commercial track. 
If during the course of any calendar year the 
commission finds that wagers placed at facilities licensed under 
this chapter for the year are likely to exceed $35,000,000, it 
may, 
if reasonably necessary for 
improvements to be effected 
expeditiously, direct the Treasurer of State to make 
interim 
payments to a 
commercial track or tribal commercial track in 
amounts as the commission finds the commercial track or tribal 
commercial track is likely to be entitled to receive under this 
section. 
If 
a 
commercial 
track 
or 
tribal 
commercial 
track 
receives interim payments under this subsection that exceed the 
total amount the commercial track or tribal commercial track is 
entitled to receive for the calendar year, the Treasurer of State 
shall reimburse the General Fund for this excess by retaining 
money otherwise due to that commercial track or tribal commercial 
track pursuant to section 295. 
Sec. 10. 8 MRSA §300-A is enacted to read: 
§300-A. 
Tribal Commercial Track Development Fund 
1. 
Fund created. 
The Tri12.9J. Commercial Track Development 
Fund 
is 
established 
to 
provide 
revenues 
to 
be 
used 
for 
development, administration and infrastructure maintenance of the 
tribal 
commercial 
track 
and 
development 
and 
funding 
of 
a 
vocational 
education 
program 
focusing 
on 
harness 
racing 
in 
Washington County. 
2. 
Distribution. 
On January 30th, May 30th and September 
30th all 
amounts 
credited to 
the 
fund 
established 
by 
this 
section, pursuant to section 1036, subsection 3, paragraph H, as 
of the last day of the preceding month must be distributed to a 
tribal commercial track. 
Sec. 11. 8 MRSA §1001, sub-§43-A is enacted to read: 
A. 
Tribal ccmmercial track. 
"Tribal commercial track" 
has the Same meaning as in section 275-A, subsection 12. 
Sec. 12. 8 MRSA §1011, sub-§§2 and 3, as enacted by PL 2003, c. 
687, Pt. A, §5 and affected by Pt. B, §11, are amended to read: 
2. Eliqible persons. 
The board may accept applications for 
a license to operate slot machines from a person licensed to 
operate a tribal commercial track. 
The board may ~ 
accept 
applications for 
a license to operate slot machines 
from any 
person 
who 
is 
licensed to 
operate 
a 
commercial 
track 
that 
satisfies the following criteria: 
A. 
The commercial track is located at or wi thin a 5-mile 
radius of the center of a commercial track that conducted 
harness racing with pari-mutuel wagering on more than 25 
days during calendar year 2002; and 
B. 
The operation of slot machines at the commercial track 
is approved by the voters of the municipality in which the 
commercial track to be licensed is located by referendum 
election held at any time after December 31, 2002 and before 
December 31, 2003. 
3. 
Requirements for license; continued commercial track or 
tribal commercial track licensure. 
The board may not issue a 
license to operate slot machines to any person unless that person 
demonstrates 
compliance with the qualifications set forth in 
sections 1016 and 1019. 
A person who is granted a license to 
operate slot machines 
must maintain 
a 
license to operate 
a 
commercial track or a tribal commercial track, without lapse, 
suspension or revocation for the duration of the slot machine 
operator's license. 
Sec. 13. 8 MRSA §1012, first 1[, as enacted by PL 2003, c. 687, 
Pt. A, §5 and affected by Pt. B, §ll, is amended to read: 
An 
application 
for 
renewal 
of 
a 
slot machine 
operator 
license 
must 
first 
be 
approved 
under 
this 
section 
by 
the 
municipal officers of the municipality in which the commercial 
track or tribal commercial track with slot machines is located 
or, if the commercial track or tribal commercial track is in an 
unincorporated place, the application must be approved by the 
county commissioners of the county in which the commercial track 
or tribal commercial track with slot machines is located. 
Sec. 14. 8 MRSA §1012, sub-§I, 1[8, as enacted by PL 2003, c. 
687, Pt. A, §S and affected by Pt. B, §ll, is amended to read: 
B. 
Municipal officers or county commissioners, as the case 
may be, 
shall provide public notice of any hearing held 
under this section by causing, at the applicant's prepaid 
expense, a notice stating the name and place of the hearing 
to appear on at least 3 consecutive days before the date of 
the hearing in a daily newspaper having general circulation 
in the municipality where the premises of the commercial 
track or tribal commercial track with slot machines are 
located or one week before the date of the hearing in a 
weekly 
newspaper 
having 
general 
circulation 
in 
the 
municipality where the premises are located. 
Sec. 15. 8 MRSA §1012, sub-§2, 1[1[A and C, as enacted by PL 
2003, c. 687, Pt. A, §S and affected by Pt. B, §1l, are amended 
to read: 
A. 
Noncompliance 
of 
the 
commercial 
track 
or 
tribal 
commercial track licensed to operate slot machines with any 
local 
zoning ordinance or other 
land use 
ordinance not 
directly related to slot machine operations: 
C. 
Repeated incidents of record of breaches of the peace, 
disorderly conduct, vandalism or other violations of law on 
or in the vicinity of the premises of the commercial track 
or tribal commercial track with slot machines and caused by 
persons patronizing or employed by the commercial track or 
tr ibal commercial track licensed to operate slot machines: 
and 
Sec. 16. 8 MRSA §1012, sub-§3, as enacted by PL 2003, c. 687, 
Pt. A, §5 and affected by Pt. B, §11, is amended to read: 
3. 
Appeal 
to 
board. 
Any 
applicant 
aggrieved 
by 
the 
decision of the municipal officers or county commissioners under 
this section may appeal to the board within 15 days of the 
receipt of the written decision of the municipal officers or 
county commissioners. 
The board shall hold a public hearing in 
the city, town or unincorporated place where the premises of the 
commercial track or tribal commercial track with slot machines 
are situated. 
In acting 
on 
such 
an appeal, 
the 
board may 
consider all licensure requirements and findings referred to in 
subsection 2. 
If the decision appealed is an application denial, 
the board may issue the license only if it finds by clear and 
convincing evidence that the decision was without justifiable 
cause. 
Sec. 17. 8 MRSA §1016, sub-§I, ~B, as enacted by PL 2003, c. 
687, Pt. A, §5 and affected by Pt. B, §ll, is amended to read: 
B. 
The 
person 
has 
sufficient 
financial 
assets 
and 
responsibility to meet any financial obligations imposed by 
this chapter and, if applying for a slot machine operator 
license 
or 
slot 
machine 
operator 
license 
renewal, 
has 
sufficient financial assets and responsibility to continue 
operation of a commercial track or tribal commercial track; 
Sec. 18. 8 MRSA §1020. sub-§3, ~~A and B, as enacted by PL 
2003, c. 687, Pt. A, §5 and affected by Pt. B, §1l, are amended 
to read: 
A. 
The total number of slot machines registered in the 
State may not exceed ±TSQQ ~; and 
B. 
A slot machine operator may not operate more than 1,500 
slot 
machines 
at 
anyone 
commercial 
track 
or 
tribal 
commercial track. 
Sec. 19. 8 MRSA §1035. as enacted by PL 2003, c. 687, Pt. A, 
§5 and affected by Pt. B, §ll, is amended to read: 
§1035. Location of slot machines 
Slot machines may be located only on the premises of 
a 
commercial track or tribal commercial track. 
Sec. 20. 8 MRSA §1036, sub-§2, as enacted by PL 2003, c. 687, 
Pt. A, §5 and affected by Pt. B, §ll, are amended to read: 
2. 
Distribution from commercial track or tribal commercial 
track. 
A slot machine operator shall collect and distribute 39% 
of 
the 
total gross 
slot machine 
income 
from 
slot machines 
operated 
by 
the 
slot 
machine 
operator 
to 
the 
board 
for 
distribution by the board as follows: 
A. 
Three percent of the total gross slot machine income 
must be deposited to the General Fund for administrative 
expenses 
of 
the 
board, 
including 
gambling 
addiction 
counseling services, in accordance with rules adopted by the 
board; 
B. 
Ten 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 fund established in section 
to supplement harness racing purses; 
C. 
Three percent of the 
must be credited by the 
created in section 281; 
total gross slot machine income 
board to the Sire Stakes 
Fund 
D. 
Three 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 Agricultural Fair Support 
Fund established in Title 7, section 77; 
E. 
Ten percent of the total gross slot machine income must 
be forwarded by the board to the State Controller to be 
credited to the Fund for 
a 
Healthy Maine established by 
Title 
22, 
section 
1511 
and 
segregated 
into 
a 
separate 
account under Title 22, section 1511, subsection 11, with 
the use of funds in the account restricted to the purposes 
described in Title 22, section 1511, subsection 6, paragraph 
E; 
F. 
Two percent of the total gross slot machine income must 
be forwarded by the board to the University of Maine System 
Scholarship Fund created in Title 20-A, section 11631. 
The 
amount 
from 
a 
tribal 
commercial 
track 
allocated 
in 
accordance with this paragraph must fund scholarships at the 
University of Maine campuses in Washington County; 
G. 
One percent of the total gross slot machine income must 
be forwarded by the board to the board of trustees of the 
Maine Community College System to be applied by the board of 
trustees to fund its scholarships program under Title 20-A, 
section 12716, 
subsection 1. 
The 
amount 
from 
a 
tribal 
commercial track allocated in accordance with this paragraph 
must 
fund 
scholarships 
at 
the 
community 
college 
in 
Washington County; 
H. 
Four 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 Fund to Encourage Racing at 
Maine's 
Commercial 
Tracks, 
established 
in 
section 
299L 
except that the percentage from a tribal commercial track 
allocated in accordance with this paragraph must be credited 
by the Treasurer of State to the Tribal Commercial Track 
Development Fund established in section 300-A; however, the 
payment required by this paragraph to be deposited into the 
fund established by section 
is terminated when all 
commercial tracks have obtained a license to operate slot 
machines in accordance with this chapter; 
I. 
Two percent of the total gross slot machine 
incomeL 
except 
income 
from 
slot machines 
operated at 
a 
tribal 
commercial track, must be forwarded by the board to the 
Treasurer of State, who shall credit the money to the Fund 
to Stabilize Off-track Betting Facilities established by 
section 300, as long as a facility has conducted off-track 
wagering operations for a minimum of 250 days during the 
preceding 12-month period in which the first payment to the 
fund 
is 
required. 
After 
months 
of 
receiving 
an 
allocation of the total gross slot machine income from a 
licensed operator, the percent of total slot machine income 
forwarded 
to 
the 
Fund 
to 
Stabilize 
Off-track 
Betting 
Facilities is reduced to 
Pi> with the remaining 
Pi> to be 
forwarded to the State in accordance with subsection 1; aBe 
J. 
One percent of the total gross slot machine income must 
be forwarded directly to the municipality in which the slot 
machines are locatedTL 
K. 
One percent of the total gross slot machine income from 
a tribal commercial track must be forwarded directly to the 
Washington County Development Authority; and 
L. 
One percent of the total gross slot machine income from 
a tribal commercial track must be forwarded directly to the 
career and technical education centers located in Washington 
County. 
Sec. 21. 17 MRSA §314-A, sub-§5-A is enacted to read: 
A. 
Games on nontribal land. 
Notwithstanding subsection 
5, 
upon 
proper 
application, 
the 
department 
may 
issue 
a 
high-stakes beano license to a federally recognized Indian tribe 
to operate games on nontribal land in Washington County. 
The 
department may issue a high stakes beano license in accordance 
wi th this section to all federally recognized Indian tribes in 
the State jointly. 
SUMMARY 
This bill defines 
"tribal 
commercial 
track." 
A tribal 
commercial track would be operated by 
a 
federally recognized 
Indian tribe in this State. 
It authorizes the Department of 
Public Safety, 
Gambling Control 
Board to issue 
a 
license to 
operate up to 3,000 slot machines to a tribal commercial track. 
The slot machine facility operated at a tribal commercial track 
would be subject to the regulatory structure currently provided 
in law. 
The distribution of income from slot machines is the 
same as currently provided in law with the following exceptions. 
1. 
Maine's 
college 
The percentage of income designated for 
community colleges 
would go directly 
in Washington County. 
scholarships at 
to 
a 
community 
2. 
Instead of distribution of off-track betting facilities, 
the 
tribal 
commercial 
track 
slot 
machine 
facility 
would 
distribute that percentage to a development authority and career 
and technical education center in Washington County.