An Act To Protect Maine Harness Racing from Illegal Wagering
Maine Legislature, Session 122, LD 1053
Committee Amendment CA_A_S246 (Senate)
Amends: 8 MRSA §300-A

COMMITTEE AMENDMENT "A, to S.P. 370, L.D. 1053, Bill, 
Act To Protect Maine Harness Racing from Illegal Wagering" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 8 MRSA §300-A is enacted to read: 
§300-A. 
Illegal wagering 
1. 
Illegal wagering on harness races. 
A person is liable 
for the damages specified in this section if that person accepts 
a wager concerning harness racing from a person located within 
this State unless the person accepting the wager is licensed to 
do so under this chapter. 
2. 
Right of action. 
A commercial licensee under section 
may bring an action in Superior Court against a person who 
has accepted an illegal wager described in subsection 1. 
The 
court shall award damages to the prevailing plaintiff and the 
commission, as provided in subsection 4, in an amount equal to 
25% of the monetary amount of illegal wagers accepted, including 
illegal 
wagers 
accepted 
as 
described 
in 
subsection 1, 
plus 
reasonable attorney's fees and costs. 
3. 
Punitive damages. 
If a 
person accepting an illegal 
wager described in subsection 1 has been advised in wr iting of 
Page l-LR1361(2) 
COMMITTEE AMENDMENT 
~6'" 
COMMITTEE AMENDMENT ,~, to S.P. 370, L.D. 1053 
the provisions of this section either by the Attorney General or 
by 
a 
commercial 
track 
licensed 
under 
this 
chapter 
before 
accepting any such wager, then the person accepting the illegal 
wager, in addition to all other damages authorized under this 
section, is liable in an amount of up to 4 times the damages 
awarded 
under 
subsection 
that 
the 
court 
determines 
are 
appropriate 
given 
the 
willfulness 
of 
the 
violation, 
any 
mitigating circumstances, any efforts by the person who accepted 
the wager to comply with Maine law, the need to deter acceptance 
of illegal wagers and all other relevant circumstances. 
4. 
Distribution of damages. 
Damages 
awarded under this 
section must be distributed as follows. 
A. 
Reasonable 
costs of bringing 
the 
action, 
including 
reasonable attorney' s fees and costs, must be paid to the 
plaintiff. 
B. 
All 
other 
damages 
awarded 
must 
be 
paid 
to 
the 
commission. 
The commission shall distribute the damages it 
receives as follows: 
(1) 
One fourth must be deposited to the extended meet 
account established under section 289, subsection 2; 
(2) 
One 
fourth must 
be 
deposited to 
the 
fund 
to 
supplement 
harness 
racing 
purses 
established 
under 
section 298; 
(3) 
One 
fourth must 
be deposited to 
the 
Fund 
to 
Encourage 
Racing 
at 
Maine's 
Commercial 
Tracks, 
established under section 299; and 
(4) 
One 
fourth must 
be 
deposited to the 
Fund 
to 
Stabilize 
Off-track 
Betting 
Facilities, 
established 
under section 300. ' 
SUMMARY 
This amendment replaces the bill. 
It builds on the current law under which accepting harness 
racing wagers from anyone located in Maine is illegal unless the 
person accepting the wager is licensed by the Maine Harness 
Racing 
Commission. 
Any 
gambling 
in 
Maine 
that 
is 
not 
specifically authorized by law is illegal. 
This amendment creates a private right of action to enforce 
the law with any damages, after the reasonable costs of suit, to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
to S.P. 370, L.D. 1053 
be 
divided 
among 
the State's 
funds 
to 
provide 
for 
Maine's 
extended meets, harness racing purses, Maine's commercial tracks 
and 
Maine's 
off-track 
betting facilities. 
The 
damages 
are 
intended to make up for the lost revenues experienced in Maine's 
harness racing industry because of electronic wagering that is 
not subject to the taxes placed on wagers legally placed in 
Maine. 
Punitive damages are authorized for violations after 
written notice of the provisions of this section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/10105 ..... ac:. 
LD 1053 
LR 1361(02) 
An Act To Protect Maine Harness Racing from Illegal Wagering 
Fiscal Note for Bill as Amended by Committee Amendment "A, 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Authorizing the distribution of certain court-awarded damages to certain funds within the Department of Agriculture, 
Food and Rural Resources may increase Other Special Revenue Funds revenue collected by the department; the 
amounts will depend on the frequency and size of any applicable damage awards. 
LR1361(2) - Fiscal Note - Page 1 of 1