An Act a Tribal Commercial
Maine Legislature, Session 122, LD 1690
House Amendment HA_A_H695 (House)
Amends: 5 MRSA §10004, 7 MRSA §77, 8 MRSA §271, 8 MRSA §27, 8 MRSA §275-D, 8 MRSA §275-N, 8 MRSA §286, 8 MRSA §287, 8 MRSA §298, 17 MRSA §314-A

HOUSE AMENDMENT "A" to H.P. 1197, L.D. 
To Authorize, Subject to State Referendum, 
Track and Slot Machines in Washington County" 
1690, Bill, "An Act 
a Tribal Commercial 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Authorize, 
Subject to State Referendum, 
a Tribal 
Commercial Track, with or wi thout Slot Machines, in Washington 
County and To Determine the Use of Slot Machines at Existing 
Commercial Harness Racing Tracks' 
Further amend the bill by striking out all of Part Band 
inserting in its place the following: 
'PARTB 
Sec. B-1. 5 MRSA §10004, sub-§4-A, as enacted by PL 2003, c. 
687, Pt. A, §l and affected by Pt. B, §ll, is repealed. 
Sec. B-2. 7 MRSA §77, as enacted by PL 2003, c. 687, Pt. A, 
§2 and affected by Pt. B, §ll, is repealed. 
Sec. B-3. 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. 
Page l-LR2425(4) 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ·A" to H.P. 1197, L.D. 1690 
Sec. B·4. 8 MRSA §27S-A, sub-§12 is enacted to read: 
12. 
Tribal cODmlercia1 
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 90 miles from an existing commercial 
track that operates slot machines but within 45 miles of the 
operating tribe' s Indian reservation as described in Title 
30, chapter 601; and 
B. 
Conducts racing on more than 25 days each calendar year 
after being granted a license to conduct harness racing. 
For purposes of this subsection, distance in miles is determined 
by 
measuring 
the 
distance 
from 
the 
center 
of 
the 
tribal 
commercial 
track 
along 
the 
most 
commonly 
used 
roadway 
as 
determined by the Department of Transportation. 
Sec. B-S. 8 MRSA §27S-C, sub-§2, as enacted by PL 1997, c. 
390, §1, is amended to read: 
2. 
Payments to agricultural fairs conducting live racing. 
A commercial track or tribal commercial track located within 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 2q.o 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. B·6. 8 MRSA §27S.D, sub-§3, as amended by PL 2003, c. 
401, §12, is further amended to read: 
3. 
Notice to conanercial racetracks or tribal conmercial 
tracks; objections. 
An applicant shall send written notice of 
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 
HOUSE AMENDMENT 
HOUSE AMENDMENT 'A" to H.P. 1197, L.D. 1690 
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. B-7. 8 MRSA §275-D, sub-§6, 1[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. B-8. 8 MRSA §275-N, as amended by PL 2003, c. 401, §14, 
is further amended to read: 
§215-B. 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 Qr tribal commercial track as defined in sect:i,.on 
275-A, 
subsection 12 
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 
inability to meet the requirements of section 275-A, subsection 
9-A because of 
a 
horse shortage, 
as verified by the state 
steward, is counted as a race date. 
HOUSE AMENDMENT 
_.t(. 
~);i, . 
HOUSE AMENDMENT A" to H.P. 1197, L.D. 1690 
Sec. B-9. 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 2.578'1-0 
for all other facilities; 
(2 ) 
The Sire Stakes Fund share is 1.551'1-0; 
(3 ) 
The Stipend Fund share is 1.169°'0; 
(4 ) 
The Harness Racing Promotional Fund share is 0.25°'0; 
(5 ) 
The horsemen's purse share is 7.871%; 
(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 0.823°'0 
for all other facilities; 
(2) 
The Sire Stakes Fund share is 0.072%: 
(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%; and 
(7) 
The off-track betting facility share is 2.718%. 
Sec. B-IO. 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 
HOUSE AMENDMENT 
· '«L 
HOUSE AMENDMENT 'A" to H.P. 1197, L.D. 1690 
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 
track 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. B-11. 8 MRSA §287, sub-§7, as enacted by PL 1999, c. 622, 
§2, is amended to read: 
7. 
Interim 
payments 
to 
cOlmlercial 
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 
section. 
If 
a 
receives interim 
total amount the 
is likely to be entitled to receive under this 
commercial 
track 
or tribal 
commercial 
track 
payments under this subsection that exceed 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. B-12. 8 MRSA §298, as enacted by PL 2003, c. 687, Pt. A, 
§3 and affected by Pt. a, §ll, is repealed. 
Sec. B-13. 8 MRSA §§299 and 300, as enacted by PL 2003, c. 
687, Pt. A, §4 and affected by Pt. B, §ll, are repealed. 
Sec. B-14. 8 MRSA c. 31, as amended, is repealed. 
HOUSE AMENDMENT 
~l~~" 
·26 
HOUSE AMENDMENT ·A .. to H.P. 1197, L.D. 1690 
Sec. B-15. 17 MRSA §314-A, sub-§5-A is enacted to read: 
5-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 
with this section to all federally recognized Indian tribes in 
the State jointly. 
Sec. B-16. Authorization to report out legislation. 
The Joint 
Standing Committee on Legal and Veterans Affairs may report out 
to 
the 
Second 
Regular 
Session 
of 
the 
122nd 
Legislature 
legislation to correct and update any cross-references related to 
and necessitated by this Act. 
Sec. B-17. 
Appropriations and allocations. 
appropriations and allocations are made. 
AGRICULTURE, FOOD AND RURAL RESOURCES, 
DEPAR"l"MENT OF 
Harness Racing Commission 
0320 
The 
following 
Initiative: 
Appropriates funds for a 
.310 full-time-equivalent 
State Racing Steward position, a 
.310 full-time-equivalent State 
Harness Racing Technician position and operating costs necessary 
to regulate a new commercial track in Washington County. 
GENERAL FUND 
POSITIONS -
FTE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
AGRICULTURE, FOOD AND RURAL RESOURCES, 
DEPARTMENT OF 
DEPARTMENT "l'O'I'ALS 
GENERAL FUND 
DEPARTMENT "l'O'I'AL -
ALL FUNDS 
ATl'ORNEY GENERAL, DEPARTMENT OF 
Administration - Attorney General 
0310 
2005-06 
0.000 
$0 
$0 
$0 
2005-06 
$0 
$0 
Initiative: 
Deappropriates 
funds 
for 
one 
Assistant 
General 
position 
to 
reflect 
the 
deauthorization 
provisionally licensed slot machine facility in Bangor. 
2006-07 
0.620 
$20,284 
$7,737 
$28,021 
2006-07 
$28,021 
$28,021 
Attorney 
of 
the 
HOUSE AMENDMENT 
HOUSE AMENDMENT A.. to H. P • 
GENERAL FUND 
1197, L.D. 1690 
POSITIONS -
LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
ATl'ORNEY GENERAL, DEPARTMENT OF 
DEPARTMENT 1'OTALS 
GENERAL FUND 
DEPARTMENT 1'OTAL -
ALL FUNDS 
PUBLIC SAFETY, DEPARTMENT OF 
Gambling Control Board 
Z002 
2005-06 
(1.000) 
($35,615) 
($35,615) 
2005-06 
($35,615) 
($35,615) 
2006-07 
(1.000) 
($71,230) 
($71,230) 
2006-07 
($71,230) 
($71,230) 
Initiative: 
Deappropriates funds for the Gambling Control Board 
to reflect the deauthorization of the provisionally licensed slot 
machine facility in Bangor. 
GENERAL FUND 
POSITIONS -
LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT 1'OTALS 
GENERAL FUND 
DEPARTMENT 1'OTAL -
ALL FUNDS 
SECTION 1'OTALS 
GENERAL FUND 
SECTION 1'OTAL -
ALL FUNDS 
PARTC 
2005-06 
(10.000) 
($720,685) 
($567,284) 
($1,287,969) 
2005-06 
($1,287,969) 
($1,287,969) 
2005-06 
($1,323,584) 
($1,323,584) 
2006-07 
(10.000) 
($1,445,143) 
($2,265,662) 
($3,710,805) 
2006-07 
($3,710,805) 
($3,710,805) 
2006-07 
($3,754,014) 
($3,754,014) 
Sec. C-l. Statutory referendum procedure; submission at statewide 
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 statewide election in the 
month of November following passage of this Act. 
The municipal 
officers 
of 
this 
State 
shall 
notify 
the 
inhabitants 
HOUSE AMENDMENT 
HOUSE AMENDMENT A" to H.P. 1197, L.D. 1690 
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 allowing a tribal harness racing 
track and slot machines in Washington County and continuing 
to allow slot machines at other commercial harness racing 
tracks in the State? 
Question B. Do you favor allowing a tribal harness racing 
track in Washington County and repealing laws that allow 
slot machines at any commercial harness racing tracks in the 
State? 
• 
Question C. Do you favor disallowing a tribal harness racing 
track in Washington County and continuing to allow slot 
machines at commercial harness racing tracks in the State? 
The legal voters of each city, town and plantation shall 
vote by ballot on these questions and designate their choice for 
or against only one of the questions by a cross or check mark 
placed wi thin a corresponding square below the word Yes or No. 
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 of this Act takes 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 B of this Act takes effect 30 days 
after the date of proclamation. 
If it appears that a plurality 
of the legal votes are cast in favor of Question C, the Governor 
shall proclaim that fact without delay, and pqrt A and Part B of 
this Act do not take effect. 
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.' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by 
letter 
relettering 
or 
section 
SUMMARY 
or renumbering 
number 
to 
any 
read 
This amendment leaves unchanged Part A of the bill, which 
proposes to allow a tribal harness racing track and slot machines 
HOUSE AMENDMENT 
HOUSE AMENDMENT ·A .. to H.P. 1197, L.D. 1690 
in 
Washington 
County. 
As 
an 
alternative 
to 
Part 
A, 
this 
amendment enacts a new Part that allows a tribal harness racing 
track in Washington County, but repeals laws that allow slot 
machines at any commercial harness racing tracks in the State. 
This amendment requires that these 2 alternatives be submitted to 
the legal voters at the next statewide election in November, as 
well as a 3rd alternative to approve neither of these proposals 
and to keep the law as it currently exists unchanged. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: (/ 
.. ~ ~ 
(Representative GLYNN) 9 
TOWN: 
South Portland 
HOUSE AMENDMENT 
Approved: 06114/05 ;t;!?ae. 
LD 1690 
LR242S(04) 
An Act to Authorize, Subject to State Referendum, a Tribal Commercial Track and Slot Machines in 
Washington County 
Fiscal Note for House Amendment A" 
Sponsor: Rep. Glynn 
Fiscal Note Required: Yes 
Fiscal Note 
Impacts contingent on results of statewide referendum: 
Fiscal Detail and Notes 
This amendment requires that a statewide referendum take place. The referendum gives voters the choice between 3 
questions. The fiscal impact of this amendment will depend on which question is approved by the voters: 
Question A: If a majority of voters select this option, they will be voting to approve the establishment of a tribal harness 
racing track and slot machines in Washington County and to continue to allow slot machines at other commercial tracY 
An affirmative vote for this option will have the effect of retaining the fiscal impacts identified in the fiscal note for tht. 
original bill. 
Question B: If a majority of voters select this option, they will be voting to approve the establishment of a tribal harness 
racing track in Washington County and to deauthorize slot machines at commercial tracks. An affirmative vote for this 
option will have the effect of replacing the fiscal impacts identified in the fiscal note for the original bill with the fiscal 
impacts discussed below. 
The repeal of the authorization for the licensed slot facility in Bangor would result in the loss of General Fund revenue in 
the amounts of $474,250 and $12,933,391 in fiscal years 2005-06 and 2006-07, respectively, and would also result in the 
loss of Fund For a Healthy Maine revenue in the amount of $9,893,520 in fiscal year 2006-07. The deauthorization of 
the licensed slot machine facility would also result in General Fund deappropriations of $1,287,969 and $3,710,805 in 
the same fiscal years to eliminate the Gambling Control Board within the Department of Public Safety and would further 
require de appropriations of$35,615 and $71,230 to the Department of the Attorney General to eliminate one Assistant 
Attorney General position. 
In addition to the impacts for the General Fund and the Fund For Healthy Maine, the revenues for all previously 
authorized Other Special Revenue Funds allocations pertaining to the existing slot machine facility would cease and no 
associated Other Special Revenue Funds expenditures would take place. 
Allowing the establishment of a commercial track in Washington County would result in additional estimated General 
Fund revenues of $2,748 in fiscal year 2006-07. The Harness Racing Commission within the Department of Agricultur -
Food and Rural Resources would require additional General Fund appropriations of$28,021 in fiscal year 2006-07 fo. 
the costs of regulating an additional commercial track. 
LR242S(4) - Fiscal Note - Page I of2 
Question C: If a majority of voters select this option, they will be voting against the establishment of a tribal harness 
racing track and slot machines in Washington County. An affirmative vote for this option will have the effect of 
eliminating the fiscal impacts described in the fiscal note for the original bill. 
LR2425(4) - Fiscal Note - Page 2 of2