An Act To Allow Maine's Harness Racing Industry To Compete with Casino Gaming
Maine Legislature, Session 126, LD 1111
Committee: Veterans and Legal Affairs
Sponsors: GIFFORD, COLLINS, CRAY, LONG, STANLEY
Amends: 8 MRSA §1011, 8 MRSA §1019, 8 MRSA §1020, 8 MRSA §1036

Legislative Document 
No. 1111 
H.P. 780 
House of Representatives, March 19, 2013 
An Act To Allow Maine's Harness Racing Industry To Compete 
with Casino Gaming 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GIFFORD of Lincoln. 
Cosponsored by Senator COLLINS of York and 
Representatives: CRAY of Palmyra, LONG of Sherman, STANLEY of Medway. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §1011, sub-§2, as amended by IB 2009, c. 2, §29, is further 
amended to read: 
2.  Persons eligible for slot machine operator license.  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 within a 5-mile 2-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, as long as the slot machines are located in a building adjacent to the racing 
oval that provides a prominent view of the racing oval. 
Sec. 2.  8 MRSA §1019, sub-§6, as amended by PL 2011, c. 417, §5, is further 
amended to read: 
6.  Proximity of licensed casinos and slot machine facilities.  A casino operator 
license or slot machine operator license may not be issued under this chapter to operate 
any casino or slot machine facility located within 100 miles of a licensed casino or slot 
machine facility.  This subsection does, subsection 7 and section 1011, subsection 2 do 
not prohibit a commercial track that was licensed to operate slot machines on January 1, 
2011 from obtaining a casino operator license for the same facility where slot machines 
were operated as of January 1, 2011 or a commercial track that was licensed to accept any 
form of wagers prior to December 31, 2002 from obtaining a slot machine operator 
license or a commercial track that replaces an existing commercial track and that is not 
located nearer to an existing casino or slot machine facility than the commercial track that 
the new commercial track replaced. 
Sec. 3.  8 MRSA §1019, sub-§7, as amended by PL 2011, c. 417, §6, is further 
amended to read: 
7.  Statewide and county referendum; municipal vote.  After January 1, 2011, any 
proposed casino or slot machine facility may not be issued a license unless it has been 
approved by a statewide referendum vote and a vote of the municipal officers or 
municipality in which the casino or slot machine facility is to be located, except that a 
commercial track licensed to operate slot machines on January 1, 2011 is only required, 
as a condition to obtain a casino license, to receive approval to operate a casino by means 
of a referendum of the voters of the county in which the commercial track is located. 
Sec. 4.  8 MRSA §1020, sub-§3, ¶A, as amended by PL 2011, c. 585, §8, is 
further amended to read: 
A.  Except for slot machines used for training and educational purposes at 
postsecondary institutions as provided by section 1011, subsection 1-B, the total 
number of slot machines registered in the State may not exceed 3,000 4,500; and 
Sec. 5.  8 MRSA §1036, sub-§1, as amended by PL 2011, c. 417, §7, is further 
amended to read: 
1.  Distribution for administrative expenses of board.  A slot machine operator 
licensed under section 1011, subsection 2 or a casino operator that is a commercial track 
that was licensed to operate slot machines under section 1011, subsection 2 on January 1, 
2011 shall collect and distribute 1% of gross slot machine income to the Treasurer of 
State for deposit in the General Fund for the administrative expenses of the board.  
Sec. 6.  8 MRSA §1036, sub-§2, as amended by PL 2011, c. 657, Pt. E, §1, is 
further amended to read: 
2.  Distribution of net slot machine income from casino with commercial track.  
A slot machine operator licensed under section 1011, subsection 2 or a casino operator 
that is a commercial track that was licensed to operate slot machines under section 1011, 
subsection 2 on January 1, 2011 shall collect and distribute 39% 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 in accordance with rules adopted by 
the board, except that of the amount calculated pursuant to this paragraph, the 
following amounts must be transferred annually to the Gambling Addiction 
Prevention and Treatment Fund established by Title 5, section 20006-B: 
(1)  For the fiscal year beginning July 1, 2011, $50,000; 
(2)  For the fiscal year beginning July 1, 2012, $50,000; and 
(3)  For the fiscal year beginning July 1, 2013 and for each fiscal year thereafter, 
$100,000; 
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 298 
to supplement harness racing purses; 
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 and except as otherwise provided in this paragraph 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.  For the fiscal years ending June 30, 2010, June 30, 2011 and June 30, 
2012, the amount credited annually by the State Controller to the Fund for a Healthy 
Maine under this paragraph may not exceed $4,500,000 annually and any funds in 
excess of $4,500,000 annually during these fiscal years must be credited as General 
Fund undedicated revenue, and, for the fiscal year ending June 30, 2013, the amount 
credited by the State Controller to the Fund for a Healthy Maine under this paragraph 
is $0; 
F.  Two percent of the net slot machine 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 have obtained a 
license to operate slot machines in accordance with this chapter, in which case, that 
4% of the net slot machine income must be credited to the General Fund as 
undedicated revenue; 
I.  Two 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 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% to be forwarded to the 
State in accordance with subsection 1; and 
J.  One percent of the net slot machine income must be forwarded directly to the 
municipality in which the slot machines are located. 
SUMMARY 
This bill amends the eligibility requirements for slot machine operator licensing for a 
commercial track located within a 3-mile radius of a commercial track that supports track 
and harness racing.  The bill eliminates the deadline for local approval of the operation of 
slot machines at a commercial track facility that is currently without slot machines and 
requires approved slot machines to be located in a building adjacent to the harness racing 
oval.  It increases the amount of slot machines allowed in the State from 3,000 to 4,500 
and subjects the slot machines to the existing racino taxes and regulatory system.