An Act To Increase Opportunities for Commercial Tracks and Agricultural Fairs (
Maine Legislature, Session 124, LD 1458
Committee: Legal and Veterans Affairs
Sponsors: BRYANT, PERRY, HASTINGS, FITTS
Amends: 8 MRSA §270-B, 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 §299, 8 MRSA §1011, 8 MRSA §1012, 8 MRSA §1020, 8 MRSA §1035, 8 MRSA §1036

Legislative Document 
No. 1458 
S.P.542 
In Senate, April 14,2009 
An Act To Increase Opportunities for Commercial Tracks and 
Agricultural Fairs 
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Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
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Presented by Senator BRYANT of Oxford. 
Cosponsored by Representative PERRY of Calais and 
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JOY 1. O'BRIEN 
Secretary of the Senate 
Senators: HASTINGS of Oxford. JACKSON of Aroostook. McCORMICK of Kennebec. 
Representatives: FITTS of Pittstield. SOCTOMAH of the Passamaquoddy Tribe. TUTTLE of 
Sanford. 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRSA §270-B is en~cted to read: 
§270-B. Exception to number of racing days 
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Notwithstanding section 275-A, subsection I, paragraph C and section 275-A, 
subsection 12, the commission, after consultation with a statewide harness horseman's 
association, may award fewer than 26 race dates in a calendar year if the commission 
determines that there is not a sufficient horse supply. Such a decrease does not affect the 
license as a commercial track for that calendar year. 
Sec. 2. 8 MRSA §271, sub-§9, as reallocated by RR 1997, c. 1, §7, is amended to 
read: 
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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. 3. 8 MRSA §275-A, sub-§l, as amended bY'PL 2003, c. 401, §10, is further 
amended to read: 
1. Commercial track. "Commercial track" means a harness horse racing track 
licensed under this chapter to conduct harness horse racing with pari-mutuel wagering 
that: 
A. 
If the popUlation of the region is 300,000 or more, based on the 1990 U.S. 
Census, conducted racing on more than 100 days in each of the previous 2 calendar 
years, except that if a racetrack that qualifies as a commercial track under this 
paragraph .ceases operation, a separate racetrack operated by the owner or operator of 
the racetrack that ceased operation qualifies as a commercial track, and for all 
purposes is considered the same commercial track as the track that ceased operation, 
if the popUlation of the region ofthat separate racetrack is 300,000 or more, based on 
the 1990 U.S. Census, and the sum of the number of days on which racing was 
conducted at the track that ceased operation and the number of days on which racing 
was conducted at the separate racetrack equals at least 100 days in each of the 2 
preceding calendar years; ef 
B. 
If the population of the region is less than 300,QOO, based on the 1990 U.S. 
Census, conducted racing on more than 25 days in each of the previous 2 calendar 
years, except that if a racetrack that qualifies as a commercial track under this 
paragraph ceases operation, a separate racetrack operated by the owner or operator of 
the racetrack that ceased operation qualifies as a commercial track, and for all 
purposes is considered the same commercial track as the track that ceased operation, 
if the population of the region of that separate racetrack is less than 300,000, based on 
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the 1990 U.S. Census, and the suin of the number of days on which racing was 
conducted at the track that ceased operation and the number of days on_ whith racing 
was conducted at the separate racetrack equals at least 26 days in each of the 2 
preceding calendar years,;,~ 
C. Is located in Oxford County, is owned by an agricultural fair association licensed 
to conduct harness racing as of January 1, 2009 and conducts racing on more than 25 
days e'ach calendar year after being licensed as a commercial track. 
For the purposes of this subsection, "region" is determined by measuring a distance of 50 
miles from the center of the racing track along the most commonly used roadway, as 
determined by the Department of Transportation, drawing a circle around the center 9f 
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the racing track usirig that 50-mile measurement and excluding those municipalities or 
unorganized territories that do not have boundaries contained entirely by that circle. 
Sec. 4. 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 federally recognized Indian tribe in the State as of January 1, 2005, 
that: 
A. Is located more than 90 miles from an existing commercial track that operates slot 
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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 the 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 Depmiment of Transportation. 
Sec. 5. 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 commercial track located within a 35-mile radius oJ 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 
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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. 6. 8 MRS A §275-D, sub-§3, as amended by PL 2003, c. 401, § 12, is further 
amcnded 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 proorlO the commission that it has provided the notice. The 
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notice must include all infonnation contained in the application except infonnation 
described in subsection 2, paragraph Q. 
A corrunercial racetrack or tribal corrunercial 
track shall notify the I:;ommission within 30 days of receiving notiCe if the racetrack 
objects to the location of the facility based on adverse impact to the corrunercial track or 
tribal corrunercial track. The commission shall suspend consideration of the application 
for the 30-day objection period. If the corrunission 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 cOnullission 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 detennined by measuring a distance of 50 
Hules from the center of the racetrack along the most commonly used roadway adjacent to 
the racetrack, as detennined by the Department of Transportation,· drawing a circle 
around the center of the racetrack using that 50-nlile measurement. 
Sec. 7. 8 MRSA §275-D, sub-§6, ~, as enacted by PL 1993, c. 388, §8, is 
amended to read: 
D. No corrunercial racetrack, tribal corrunercial 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. 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 150 race dates on which live racing actually was conducted at the corrunercial tracks 
or tribal corrunercial track. 
Interstate simulcasting always must be allowed at any 
corrunercial track or tribal corrunercial track that conducted at least 136 race dates during 
the irrunediately preceding 2 calendar years or at an existing corrunercial track as defmed 
in section 275-A, subsection 1, paragraph B or tribal corrunercial track at which at least 
race dates were conducted during the preceding 2 years if the interstate simulcasting at 
the corrunercial track or tribal corrunercial track is conducted during the regular meeting. 
For the purposes of this section, any race date that the commission deternlines 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 corrunercial race track due to the 
inability to meet the requirements of section 215-A, subsection 9-A because of a horse 
shortage, as verified by the state steward, is counted as a race date. 
Sec. 9. 8 MRSA §286, sub-§2, €flA, 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 corrunercial trackor tribal corrunercial track and 2.578% for all 
other facilities; 
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(2) The Sire Stakes Fund share is l.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. 10. 8 MRSA§286, sub-§2, ~, as enacted by PL 1997, c. 528, §46, IS 
amended to read: 
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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 sh~re is 7.899%; and 
(7) The off-track betting facility share is '2.718%. 
Sec. 11. 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 conduding its racing meetings. Amounts paid or incurred for 
routine repairs and maintenance of property, interest expense or lease payments in 
cOID1ection 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 w01:lld 
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 otTices of the 
licensee throughout its use and if that asset is directly associated with running races, 
accommodating patrons of the race nleet, conducting pari-mutuel wagering or paying 
purses. 
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Sec. 12. 8 MRSA §287, sub-§7, as amended by PL 2007, c. 539, Pt. G, 99 and 
affected by § 15, is further amended to read: 
7. Interim payments to commercial tracl{ 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 paymerits to a commercial track or tribal commercial track in 
amounts as the coininission 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 thls subsection that exceed the total 
amount the commercial track or iribal commercial track is entitled to receive for the 
calendar year, the Treasurer of State shall reimburse the operating account for this excess· 
by retaining money otherwise due to that commercial track or tribal commercial track 
pursuant to section 295. 
Sec. 13. 8 MRSA §299, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §4 and 
affected by Pt. B; § 11, 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 
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 rac.e 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 ofrace days conducted by 
all commercial tracks licensed under section 271 during that calendar year. 
Sec. 14. 8 MRS A §1001, sub-§43-A, is enacted to read: 
43-A. Tribal commerchll track. "Tribal commercial track" has the same.meaning 
as in section 275-A, subsection 12. 
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Sec. 15. 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 or a cornrnercial 
track in Oxford County ifthe 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 commercial track or Oxford County commercial track is located. 
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The board may also accept applications for a license to operate slot machines from any 
person who is Jicensec;l to operate a commercial track that satisfies the following criteria: 
A. 
The commercial track is located at or within a ~ 
50-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 hefore Decemher 
~W. 
Sec. 16. 8 MRSA §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 ma,chines 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. 17. 8 MRSA §1012, first ~, 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. 18. 8 MRSA §1012, sub-§i, GfiB, 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 healing in a weekly newspaper having general circulation in the municipality 
where the prerDises are located. 
Sec. 19. 8 MRSA §1012, sub-§2, ~A, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
A. 
Noncompliance of the commercial track or tribal commercial track licensed to 
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operate slot machines with any local zoning ,ordinance or.other land U;s~ ordinance not 
directly related to slot machine operations; 
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Sec. 20. 8 MRS A §1012, sub-§2, ~C, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
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 tribal commercial track 
licensed to operate slot machines; and 
Sec. 21. 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 
coinmissioners. 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. 22. 8 MRS A §1016, sub-§l, ~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is ar~ended 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; 
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Sec. 23. 8 MRS A §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 .J:-,.W.Q 
3,500; and 
Sec. 24. 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: 
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A slot machine operator may not operate more than 1,500 slot machines at any 
one commercial track or tribal commercial track. 
Sec. 25. 8 MRSA §1035, as amended by PL 2007,c. 611, §11, is further 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. For the purposes of this section, "premises of a commercial track" 
means property owned by the person who owns the property on which a commercial track 
or tribal commercial track is located and that is either within 200 feet -of the outside -edge 
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of the racing oval or, if the commercial track or tribal commercial track was owned by a 
municipality when a license to operate slOt machines in association with that commercial 
track or tribal commercial track was issued, within 2,000 feet of the center of the racing 
oval. 
Sec. 26. 8 MRSA §1036, sub-§2, as amended by PL 2007., c. 466, Pt. A, §29, is 
further amended to read: 
2. 
Distribution from commercial track or tribal commercial track. A slot 
machine operator shall collect and distribute ~ 
percentages of the net 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 net 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 net 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; 
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C. 
Three percent of the net slot machine income must be credited by the board to 
the Sire Stakes Fund created in section 281; 
D. 
Three percent of the net 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 91; 
E. 
Ten percent of the net 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 net slot ma,chine income must be forwarded by the board to 
the University of Maine System Scholarship Fund created in Title 20-A, section 
10909; 
G.One percent of the net 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; 
H. 
Four percent of the net 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 or tribal 
commercial track have obtained a license to operate slot machines in accordance with 
this chapter; 
I. 
Two percent of the net slot machine income from slot machine facilities licensed 
for operation before January 1, 2009 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 48 months of 
receiving an allocation of the net slot machine income from a licensed operator, the 
percent of net slot machine income forwarded to the Fund to Stabilize Off-track 
Betting Facilities is reduced to 1 % with the remaining 1 % t6 be forwarded to. the 
State in accordance with subs~ction 1; aREl 
J. 
'On~ percent of the net slot machine income must be forwarded directly to the 
municipality in which the slot machines are located,. ; and 
. K. One percent of the net slot machine income from the Oxford County commercial 
track must be forwarded directly to the Department of Agriculture, Food and Rural 
Resources to support animal welfare programs within the department. 
Sec. 27. 17 MRS A §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 in this State 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 bill authorizes the operation of slot machines at a tribal commercial track and a 
commercial track that is located in Oxford County. The operation of slot machines at the 
newly authoriz'ed tracks is subject to regulation by the Department of Public Safety, 
Gambling Control Board. The operation of slot machines must 'be approved by the 
municipality in which the tribal commercial track or,Oxford County commercial track is 
located before the Gambling Control Board may grant a license to operate slot machines 
within a 50-mile radius of the track that is licensed and conducts harness racing, This bill 
also authorizes the issuance of a high-stakes beano license to a federally recognized 
Indian tribe in the State to operate games on nontriballand in Washington County. 
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