An Act To Authorize a Tribal Commercial Track and Slot Machines in Washington County Transmitted to the Clerk of the 123rd Maine Legislature by the Secretary of State on February 15,2007 and ordered printed. Printed on recycled paper 7r/~ /J7. 7Tld£~
Maine Legislature, Session 123, LD 0805
Amends: 8 MRSA §271, 8 MRSA §275-A, 8 MRSA §275-C, 8 MRSA §275-D, 8 MRSA §275-N, 8 MRSA §286, 8 MRSA §287, 8 MRSA §300, 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. 805 
LB. 1 
House of Representatives, February 16, 2007 
An Act To Authorize a Tribal Commercial Track and Slot Machines 
in Washington County 
Transmitted to the Clerk of the 123rd Maine Legislature by the Secretary of State on 
February 15,2007 and ordered printed. 
Printed on recycled paper 
'7r/~ /J7. 7Tld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 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 commercial 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. 3. 8 MRSA §275-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 comrnercial 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 2% 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 MRS A §275-D, sub-§3, as amended by PL 2003, c. 401, § 12, is further 
amended to read: 
3. Notice to commercial racetracks or tribal commercial tracks; objections. An 
applicant shall send written notice of its application for an off-track betting license to any 
commercial racetrack or tribal 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 infol1Jlation 
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, ~, 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 ofT-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 150 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 2 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 12 at which at least 35 race dates were conducted during the 
preceding 2 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. 
Sec. 7. 8 MRS A §286, sub-§2, ~A, as enacted by PL 1997, c. 528, §46, is 
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% for all 
other facilities; 
(2) The Sire Stakes Fund share is 1.551%; 
(3) The Stipend Fund share is 1.169%; 
(4) The Harness Racing Promotional Fund share is 0.25%; 
(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%. 
Sec. 8. 8 MRSA §286, sub-§2, ~, as enacted by PL 1997, c. 528, §46, IS 
amended to read: 
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% 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. 9. 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 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. 10. 8 MRSA §287, sub-§7, as enacted by PL 1999, c. 622, §2, is amended to 
read: 
7. Interim payments to commercial 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 
] 1 
amount the commercial track or tribal commercial track is entitled to receive for the 
] 2 
calendar year, the Treasurer of State shall reimburse the General Fund for this excess by 
] 3 
retaining money otherwise due to that commercial track or tribal commercial track 
pursuant to section 295. 
Sec. 11. 8 MRS A §299, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §4 and 
affected by Pt. B, §] ], is amended to read: 
2. Distribution. On May 30th, September 30th and January 30th, all amounts 
credited to the fund established by this section as of the last day of the preceding month 
and not distributed before that day must be distributed to each commercial track licensed, 
including tribal commercial tracks, under section 271, with each track receiving that 
I 
amount of the money available for distribution determined by multiplying that amount 
times a fraction, the numerator of which is the total number of live race days conducted 
by the commercial track during the preceding time period and the denominator of which 
is the total number of race days conducted by all commercial tracks licensed under 
section 271 during that time period. The payment in January must be adjusted so that for 
the prior 3 time periods each commercial track receives that fraction of the total money 
distributed over the full year from the fund established by this section, the amount 
determined by multiplying the total amount of money times a fraction, the numerator of 
which is the number of live race days conducted by the commercial track during the 
calendar year and the denominator of which is the total number of race days conducted by 
I 
all commercial tracks licensed under section 27] during that calendar year. 
Sec. 12. 8 MRSA §300, sub-§I, as enacted by PL 2003, c. 687, Pt. A, §4 and 
affected by Pt. B, § 11, is amended to read: 
1. Fund created. The Fund to Stabilize Off-track Betting Facilities is established to 
provide revenues to those off-track betting facilities licensed and in operation as of 
December 31,2003. The fund must also provide revenues to an off-track betting facility 
licensed and operating after December 31, 2003 within the market area of a tribal 
commercial track as long as the tribal commercial track is licensed to operate and 
operates slot machines. 
Sec. 13. 8 MRS A §1001, sub-§43-A is enacted to read: 
43-A. Tribal commercial track. "Tribal commercial track" has the same meaning 
as in section 275-A, subsection 12. 
Sec. 14. 8 MRSA §1011, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
2. Eligible persons. The board may accept applications for a license to operate slot 
machines from a person licensed to operate a tribal commercial track if, by December 31, 
2007, the operation of slot machines is approved by an affirmative vote at a regular 
meeting of the governing body or by referendum by the voters of the municipality where 
the tribal commercial track is located. The board may also 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: 
lOA. The commercial track is located at or within a 5-mi Ie 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 
IS 
referendum election held at any time after December 31, 2002 and before December 
31,2003. 
Sec. 15. 8 MRS A §1011, sub-§3, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
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 tribal commercial track, without 
lapse, suspension or revocation for the duration of the slot machine operator's license. 
Sec. 16. 8 MRS A §1012, first -,r, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, 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. 17. 8 MRSA §1012, sub-§I, -,rB, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, 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. 18. 8 MRSA §1012, sub-§2, ~A, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § II, is 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; 
Sec. 19. 8 MRSA §1012, sub-§2, ~C, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § II, is amended to read: 
C. 
Repeated incidents of record of breaches of the peace, disorderly conduct, 
II 
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 tribal commercial track 
licensed to operate slot machines; and 
Sec. 20. 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. 21. 8 MRSA §1016, sub-§l, ~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, 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. 22. 8 MRSA §1020, sub-§3, ~A, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
A. 
The total number of slot machines registered in the State may not exceed ~ 
3,000; and 
Sec. 23. 8 MRSA §1020, sub-§3, ~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
B. 
A slot machine operator may not operate more than 1,500 slot machines at any 
one commercial track or tribal commercial track. 
Sec. 24. 8 MRSA §1035, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by 
Pt. B, § 11, is amended to read: 
§l035. Location of slot machines 
Slot machines may be located only on the premises of a commercial track or tribal 
commercial track. 
Sec. 25. 8 MRSA §1036, sub-§2, as amended by PL 2005, c. 109, § 1, is further 
amended to read: 
2. 
Distribution from commercial track or tribal commercial track. 
A slot 
machine operator shall collect and distribute :W% percentages 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 298 to supplement harness racing purses; 
C. 
Three percent of the total gross slot machine income must be credited by the 
board to the Sire Stakes Fund created in section 281; 
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 10909. 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 l. 
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 299; however, the 
payment required by this paragraph 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 income 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 
II 
Stabilize Off-track Betting Facilities is reduced to I % with the remaining 1 % to be 
forwarded to the State in accordance with subsection 1; aRd 
J. 
One percent of the total gross slot machine income must be forwarded directly to 
the municipality in which the slot machines are located~~ 
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. 26. 17 MRSA §314-A, sub-§5-A is enacted to read: 
5-A. 
Games on nontribal land. 
Notwithstanding subsection 5, upon proper 
application, the Chief of the State Police may issue a high-stakes beano license to a 
federally recognized Indian tribe to operate games on nontribal land in Washington 
County. 
The Chief of the State Police may issue a high-stakes beano license in 
accordance with this section to all federally recognized Indian tribes in the State jointly. 
SUMMARY 
This initiated bill authorizes the operation of slot machines at a tribal commercial 
track. The operation of slot machines at a tribal commercial track is subject to regulation 
by the Gambling Control Board. The operation of slot machines must be approved by the 
municipality in which the tribal commercial track is located before the Gambling Control 
Board may grant a license to operate slot machines to a person licensed to operate that 
tribal commercial track. This initiated bill also authorizes the issuance of a high-stakes 
beano license to a federally recognized Indian tribe to operate games on nontriballand in 
Washington County.