An Act To Establish Advance Deposit Wagering for Harness Racing
Maine Legislature, Session 126, LD 0519
Committee Amendment CA_A_S398 (Senate)
Amends: 8 MRSA §263-A, 8 MRSA §263-C, 8 MRSA §271-A, 8 MRSA §275-A, 8 MRSA §286, 8 MRSA §293, 8 MRSA §294-A

COMMITTEE AMENDMENT" A " to S.P. 209, L.D. 519, Bill, "An Act To 
Establish Advance Deposit Wagering for Harness Racing" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Authorize Advance Deposit Wagering for Horse Racing' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 8 MRSA §263-A, sub-§1, as amended by PL 2011, c. 358, §3, is further 
amended to read: 
1. Rulemaking. The commission shall adopt rules for: 
A. The conduct of harness racing and off-track betting facilities, including advance 
deposit wagering; 
B. The licensing of racetracks and off-track betting facilities; 
C. The licensing of individuals participating in harness racing and off-track betting 
facilities and advance deposit wagering, including rules requiring applicants to 
submit information sufficient for the report required to be submitted by the executive 
director of the commission as required by section 1037; 
D. The procedures for hearing appeals from decisions of track judges; 
E. The procedures and standards for setting racing dates; and 
F. Any other responsibility assigned to the commission under this chapter. 
Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, 
chapter 375, subchapter H-A 2-A, except for rules governing the conduct of advance 
deposit wagering, which are major substantive rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
Sec. 2. 8 MRSA §263-A, sub-§3, as enacted by PL 1997, c. 528, §6, is amended 
to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 209, L.D. 519 
3. Licensing of tracks, advance deposit wagering providers and off-track betting 
facilities. 
The commission shall license racetracks aad, advance deposit wagering 
providers and off-track betting facilities as provided in sections 271 aad, 271-A and 
275-D. 
Sec. 3. 8 MRSA §263-C, sub-§4, as amended by PL 2007, c. 611, §4, is further 
amended to read: 
4. Duties. The executive director has the following duties: 
A. Management of the work of the commission, including: 
(1) Rulemaking; 
(2) Processing appeals; 
(3) 
Licensing of tracks aM, off-track betting facilities and advance deposit 
wagering providers; 
(4) Setting race dates; 
(5) Making reports to the Governor and Legislature and recommendations to the 
commissioner regarding harness racing aM, off-track betting operations and 
advance deposit wagering and the need for changes in statutes and rules; and 
(6) 
Presenting evidence in adjudicatory hearings before the commission 
regarding alleged violations of this chapter or rules adopted in accordance with 
this chapter; and 
B. Management of the work of the department regarding harness racing aad, off-
track betting and advance deposit wagering, including: 
(I) Supervision of all staff involved in harness racing aM, off-track betting and 
advance deposit wagering functions; 
(2) Management of the collection and distribution of revenues under this chapter; 
(3) Budget development and management; 
(4) Policy development with regard to harness racing aM, off-track betting and 
advance deposit wagering; 
(5) Management of participant licensing; 
(6) 
Enforcement of advance deposit wagering, harness racing and off-track 
betting statutes and rules; 
(7) 
Investigation of advance deposit wagering, harness racing and off-track 
betting violations; and 
(8) Facilitating the development of positive working relationships in the harness 
racing industry and State Government. 
Sec. 4. 8 MRSA §271-A is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 209, L.D. 519 
§271-A. Advance deposit wagering 
1. Persons eligible to conduct advance deposit wagering. The commission may 
issue a license to conduct advance deposit wagering, including accepting deposits and 
making wagers from accounts and entering into contracts with a provider of advance 
deposit wagering services located within the United States, to a commercial track 
licensed by the commission. If a commercial track has not been issued a license to 
conduct advance deposit wagering by July 1, 2015, the commission may issue a license to 
conduct advance deposit wagering to an off-track betting facility licensed by the 
commission and in operation as of January 1, 2014. 
After January 1, 2016, if a 
commercial track licensed to conduct advance deposit wagering surrenders or fails to 
renew its license or the license to conduct advance deposit wagering is revoked, the 
commission may issue a license to an off-track betting facility licensed by the 
commission and that was in operation as of January 1, 2014. When issuing a license to 
conduct advance deposit wagering to an off-track betting facility, the commission may 
issue the license to a single off-track betting facility or to multiple off-track betting 
facilities in partnership. 
2. Fees. The initial fee for a license to conduct advance deposit wagering is $500. 
The annual renewal fee is $250. 
3. 
Duties of the commission. 
The commission, or the executive director as 
delegated by the commission, shall: 
A. Enforce the provisions of this section and any rules adopted under this section; 
B. Issue licenses for the conduct of advance deposit wagering; 
C. Prescribe the form and content of an application for a license to conduct advance 
deposit wagering; 
D. Collect all license fees for advance deposit wagering and distribute commissions 
from wagers made using advance deposit wagering; 
E. Ensure that an advance deposit wagering licensee employs a reliable system to 
verify the age and identity of an advance deposit wagering account holder; 
F. 
Prescribe the process by which a person may establish an advance deposit 
wagering account with an advance deposit wagering licensee that requires that the 
account holder be a natural person and not a custodian. beneficiary, joint trust, 
corporation or other organization; 
G. Prescribe the methods by which deposits are made to advance deposit wagering 
accounts. The methods prescribed must prohibit the use of credit cards and must 
prohibit the use of the electronic benefits transfer system administered by the 
Department of Health and Human Services under Title 22, chapter 1. subchapter I-A; 
H. Prescribe and approve methods by which an advance deposit wagering licensee 
may accept wagers from and pay prizes to account holders registered and authorized 
to place wagers using advance deposit wagering; 
1. Prohibit the assignment or transfer of an advance deposit wagering account from 
an authorized account holder to another person; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 209, L.D. 519 
J. 
Establish a process for disposition of abandoned advance deposit wagermg 
accounts in accordance with state law; and 
K. Require advance deposit wagering licensees to employ an appropriate system, 
commonly known as a totalisator, to provide accounting controls and accurate 
transmission of wagering data. 
4. Wagering. Notwithstanding section 275-B, an advance deposit wagering licensee 
may accept wagers from advance deposit wagering account holders by telephone, 
electronic communication or other electronic media as approved by the commission. 
5. Rules. The commission shall adopt rules for the administration, clarification, 
execution and enforcement of the provisions of this section. Rules adopted pursuant to 
this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 5. 8 MRSA §275-A, sub-§§2-A, 2-B and 7-A are enacted to read: 
2-A. Advance deposit wagering. "Advance deposit wagering" means a form of 
pari-mutuel wagering on harness or thoroughbred races in which the bettor deposits funds 
in a wagering account administered by an advance deposit wagering licensee from which 
the licensee makes wagers on behalf of the bettor and to which the licensee deposits prize 
money awarded to the bettor. 
2-B. Advance deposit wagering licensee. "Advance deposit wagering licensee" 
means a commercial track or off-track betting facility licensed under section 271-A that is 
a host facility for advance deposit wagering. 
7-A. Net commission. "Net commission" means the wagers placed via advance 
deposit wagering after subtracting the amount of the contract cost of the advance deposit 
wagering licensee in contracting with an advance deposit wagering service provider and 
then subtracting an amount equal to 6.5% of the total remaining commission that is 
retained by the advance deposit wagering licensee for expenses related to conducting 
advance deposit wagering. 
Sec. 6. 8 MRSA §286, sub-§3, as enacted by PL 1997, c. 528, §46, is amended to 
read: 
3. 
Track intrastate simulcasting. 
The distribution of the commission on 
simulcasting of races originating at a racetrack in the State by another racetrack in the 
State is calculated as percentages of the handle and distributed as follows. 
A. On exotic wagers: 
(1) The state share is 2.248%; 
(2) The Sire Stakes Fund share is 1.551%; 
(3) The Stipend Fund share is 1.169%; 
(4) The purse supplement share is 0.99%; 
(5) The Harness Racing Promotional Fund share is 0.25%; 
(6) The horsemen's purse share is 4.305%; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 209, L.D. 519 
(7) The track share is 15.487%. 
B. On regular wagers: 
(1) The state share is 0.493%; 
(2) The Sire Stakes Fund share is 0.072%; 
(3) The Stipend Fund share is 1.186%; 
(4) The purse supplement share is 0.986%; 
(5) The Harness Racing Promotional Fund share is 0.25%; 
(6) The horsemen's purse share is 1.512%; and 
(7) The track share is 13.501 %. 
For exotic and regular wagers placed with an advance deposit wagering licensee that is an 
off-track betting facility, the track share is reduced by 2% and credited to the off-track 
betting facility, licensed to conduct advance deposit wagering. 
Sec. 7. 8 MRSA §286, sub-§§8 to 13 are enacted to read: 
8. Advance deposit wagering interstate simulcasting with commingled pools; 
commercial track licensee. Except as provided by subsection 9, the distribution of the 
commission on advance deposit wagering conducted by a commercial track licensed to 
accept advance deposit wagers in accordance with section 271-A in simulcasting of races 
with commingled pools originating at a racetrack in another state is calculated as a 
percentage of the net commission and distributed as follows. 
A. On exotic wagers: 
(1) The state share is 1.250%; 
(2) The off-track betting facilities' pooled share is 34.750%; 
(3) The Sire Stakes Fund share is 1.250%; 
(4) The Stipend Fund share is 1.250%; 
(5) The purse supplement share is 2.750%; 
(6) The Harness Racing Promotional Fund share is 0.750%; 
(7) The horsemen's purse share is 3.250%; and 
(8) The commercial tracks' pooled share is 54.750%. 
B. On regular wagers: 
(1) The state share is 0.750%; 
(2) The off-track betting facilities' pooled share is 33.000%; 
(3) The Sire Stakes Fund share is 1.250%; 
(4) The Stipend Fund share is 1.250%; 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A" to S,P, 209, L.D, 519 
(5) The purse supplement share is 2,750%; 
(6) The Harness Racing Promotional Fund share is 0.50%; 
(7) The horsemen's purse share is 2,5%; and 
(8) The commercial tracks' pooled share is 58%, 
9. 
Advance deposit wagering interstate simulcasting with commingled pools 
exceeding $5,000,000; commercial track licensee. Beginning with the first Monday 
after the total statewide handle from advance deposit wagering in simulcasting of races 
with commingled pools originating from out-of-state tracks has reached $5,000,000, the 
commission on advance deposit wagering is calculated as a percentage of the net 
commission and must be distributed as follows. 
A. On exotic wagers: 
(l) The state share is 1.25%; 
(2) The Sire Stakes Fund share is 1.7975%; 
(3) The Stipend Fund share is 2.345%; 
(4) The horsemen's purse share is 3.75%; 
(5) The purse supplement share is 7.13%; 
(6) The Harness Racing Promotional Fund share is 1.8998%; 
(7) The commercial tracks' pooled share is 47.0777%; and 
(8) The off-track betting facilities' pooled share is 34.75%. 
B. On regular wagers: 
(I) The state share is 0.75%; 
(2) The Sire Stakes Fund share is 1.83%; 
(3) The Stipend Fund share is 2.41 %; 
(4) The horsemen's purse share is 2.5%; 
(5) The purse supplement share is 7.39%; 
(6) The Harness Racing Promotional Fund share is 1.718%; 
(7) The commercial tracks' pooled share is 50.402%; and 
(8) The off-track betting facilities' pooled share is 33%. 
10. Advance deposit wagering interstate simulcasting with commingled pools; 
off-track betting facility licensee. Except as provided by subsection 11, the distribution 
of the commission on advance deposit wagering conducted by an off-track betting facility 
licensed to accept advance deposit wagers in accordance with section 271-A in 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 209, L.D. 519 
simulcasting of races with commingled pools originating at a racetrack in another state is 
calculated as a percentage of the net commission and distributed as follows. 
A. On exotic wagers: 
(1) The state share is 1.25%; 
(2) The Sire Stakes Fund share is 1.25%; 
(3) The Stipend Fund share is 1.25%; 
(4) The purse supplement share is 6%; 
(5) The Harness Racing Promotional Fund share is 0.75%; 
(6) The off-track betting facilities' pooled share is 54.75%; and 
(7) The commercial tracks' pooled share is 34.75%. 
B. On regular wagers: 
(1) The state share is 0.75%; 
(2) The Sire Stakes Fund share is 1.25%; 
(3) The Stipend Fund share is 1.25%; 
(4) The purse supplement share is 5.25%; 
(5) The Harness Racing Promotional Fund share is 0.5%; 
(6) The off-track betting facilities' pooled share is 58%; and 
(7) The commercial tracks' pooled share is 33%. 
11. Advance deposit wagering interstate simulcasting with commingled pools 
exceeding $5,000,000; off-track betting facility licensee. 
Beginning with the first 
Monday after the total statewide handle from advance deposit wagering in that calendar 
year has reached $5,000,000. the commission on advance deposit wagering by an off-
track betting facility licensee is calculated as a percentage of the net commission and 
must be distributed as follows. 
A. On exotic wagers: 
(1) The state share is 1.25%; 
(2) The Sire Stakes Fund share is 1.7975%; 
(3) The Stipend Fund share is 2.345%; 
(4) The purse supplement share is 10.88%; 
(5) The Harness Racing Promotional Fund share is 1.8998%; 
(6) The off-track betting facilities' pooled share is 47.0777%; and 
(7) The commercial tracks' pooled share is 34.750%. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 209, L.D. 519 
B. On regular wagers: 
(1) The state share is 0.75%; 
(2) The Sire Stakes Fund share is 1.83%; 
(3) The Stipend Fund share is 2.41%; 
(4) The purse supplement share is 9.89%; 
(5) The Harness Racing Promotional Fund share is 1.718%; 
(6) The off-track betting facilities' pooled share is 50.402%; and 
(7) The commercial tracks' pooled share is 33%. 
12. Advance deposit wagering intrastate simulcasting with commingled pools; 
commercial track licensee. The distribution of the commission on advance deposit 
wagering conducted by a commercial track licensed to conduct advance deposit wagering 
in simulcasting of races with commingled pools originating at a racetrack within the State 
is calculated as a percentage of the net commission and distributed as follows. 
A. On exotic wagers: 
(1) The state share is 6.48462%; 
(2) The off-track betting facilities' pooled share is 25%; 
(3) The Sire Stakes Fund share is 4.47404%; 
(4) The Stipend Fund share is 3.37212%: 
(5) The purse supplement share is 2.85577%; 
(6) The Harness Racing Promotional Fund share is 0.72115%; 
(7) The horsemen's purse share is 9.5625%; and 
(8) The host track share is 47.5298%. 
B. On regular wagers: 
(1) The state share is 2.05417%; 
(2) The off-track betting facilities' pooled share is 25%; 
(3) The Sire Stakes Fund share is 0.3%; 
(4) The Stipend Fund share is 4.94167%; 
(5) The purse supplement share is 4.10833%; 
(6) The Harness Racing Promotional Fund share is 1.04167%: and 
(7) The host track share is 60.3625%. 
13. Advance deposit wagering intrastate simulcasting with commingled pools; 
off-track betting facility licensee. The distribution of the commission on advance 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 209, L.D. 519 
deposit wagering conducted by an off-track betting facility licensed to conduct advance 
deposit wagering in simulcasting of races with commingled pools originating at a 
racetrack within the State is calculated as a percentage of the net commission and 
distributed as follows. 
A. On exotic wagers: 
(1) The state share is 6.48462%; 
(2) The off-track betting facilities' pooled share is 25%; 
(3) The Sire Stakes Fund share is 4.47404%; 
(4) The Stipend Fund share is 3.37212%; 
(5) The purse supplement share is 29.98077%; 
(6) The Harness Racing Promotional Fund share is 0.72115%; and 
(7) The host track share is 47.5298%. 
B. On regular wagers: 
(1) The state share is 2.05417%; 
(2) The off-track betting facilities' pooled share is 25%; 
(3) The Sire Stakes Fund share is 0.3%; 
(4) The Stipend Fund share is 4.94167%; 
(5) The purse supplement share is 6.3%; 
(6) The Harness Racing Promotional Fund share is 1.04167%; and 
(7) The host track share is 60.3625%. 
Sec. 8. 8 MRSA §293, as enacted by PL 1997, c. 528, §46, is amended to read: 
§293. Track share, host track share and commercial tracks' pooled share 
Amounts calculated as track share under section 286 must be retained by the track 
where the wager was placed. 
Amounts calculated as the commercial tracks' pooled share of commissions 
distributed from advance deposit wagers under section 286 must be shared among and 
distributed to all licensed commercial tracks, with each commercial track receiving that 
portion of the commercial tracks' pooled share determined by multiplying the pooled 
share times a fraction, the numerator of which is the minimum number of days of racing 
the track is required by law to conduct annually in order to retain its commercial track 
license and the denominator of which is the sum of the number of days of racing all the 
commercial tracks are required to conduct in order to retain their commercial track 
licenses. The commercial tracks' pooled share must be paid within 17 days after the 
advance deposit wager is placed. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" An to S.P. 209, L.D. 519 
Amounts calculated as the host track share of commissions distributed from advance 
deposit wagers under section 286 must be paid to the track where the race was conducted 
within 17 days after the wager is placed. 
Sec. 9. 8 MRSA §294-A is enacted to read: 
§294-A. Off-track betting facilities' pooled share 
Amounts calculated as the off-track betting facilities' pooled share of commissions 
distributed from advance deposit wagers under section 286 must be divided evenly 
among and distributed to all off-track betting facilities within 17 days after the advance 
deposit wager is placed. 
Sec. 10. Review of advance deposit wagering. The State Harness Racing 
Commission shall consult with all licensees authorized to conduct harness racing in the 
State and organizations that receive a distribution of commissions under the Maine 
Revised Statutes, Title 8, chapter 11 to consider the impact of the operation of advance 
deposit wagering on the conduct of racing and recommend any changes to the distribution 
of commissions from advance deposit wagering. 
The commission may recommend 
changes to the distribution to provide greater stability to the harness racing industry and 
to ensure that distributions are fair and equitable among recipients. The commission shall 
submit a report based on these considerations and make recommendations to the joint 
standing committee of the Legislature having jurisdiction over wagering on harness 
racing matters no later than December 31, 2018. 
Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Harness Racing Commission 0320 
Initiative: Provides an allocation of $48,204 in fiscal year 2014-15, which would increase 
to $95,408 beginning in fiscal year 2015-16, for monitoring of advance deposit wagering. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Harness Racing Commission 0320 
2013-14 
$0 
$0 
2014-15 
$48,204 
$48,204 
Initiative: Provides an allocation of $7,959 in fiscal year 2014-15, which would increase 
to $15,919 beginning in fiscal year 2015-16, for the purpose of funding the State Harness 
Racing Commission. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
2013-14 
$0 
COMMITTEE AMENDMENT 
2014-15 
$7,959 
COMMITTEE AMENDMENT 'A "to S.P. 209, L.D. 519 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$7,959 
Harness Racing Promotional Board 0873 
Initiative: Provides an allocation of $6,837 in fiscal year 2014-15, which would increase 
to $13 ,673 beginning in fiscal year 2015-16, to the Harness Racing Promotional Board to 
promote the harness racing industry. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
SUMMARY 
2013-14 
$0 
$0 
2013-14 
$0 
$0 
2014-15 
$6,837 
$6,837 
2014-15 
$63,000 
$63,000 
This amendment, which is the minority report of the committee, replaces the bill and 
establishes a framework for the conduct of advance deposit wagering on harness horse 
racing and thoroughbred horse racing. The amendment provides that commercial tracks 
are eligible for a license to accept wagers made by telephone or electronic 
communication using advance deposit wagering. If no commercial track is licensed to 
conduct advance deposit wagering as of July 1,2015, an existing off-track betting facility 
is eligible for an advance deposit wagering license. The amendment provides that an off-
track betting facility may apply for a license individually or in partnership with another 
eligible off-track betting facility. Under the amendment, advance deposit wagering is a 
form of pari-mutuel wagering in which a bettor establishes an account from which wagers 
on horse races are made and into which prizes are deposited. An advance deposit wager 
licensee receives a percentage of each wager made using advance deposit wagering. 
Advance deposit wagering licenses are issued by the State Harness Racing Commission. 
The amendment prescribes the duties of the commission with regard to enforcement and 
administration of laws and rules that govern advance deposit wagering. The amendment 
also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/21114 
~ac. 
LD519 
LR 833(02) 
An Act To Establish Advance Deposit Wagering for Harness Racing 
Fiscal Note for Bill as Amended by Committee Amendment '~' (S-3OIf(\ 
Committee: Veterans and Legal Affairs 
) 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$0 
$63,000 
$0 
$63,000 
Projections 
FY 2015-16 
$125,000 
$125,000 
Projections 
FY 2016-17 
$125,000 
$125,000 
The bill establishes a framework for allowing commercial racetracks to be host facilities for advance deposit 
wagering. This allows the creation of wagering accounts, administered by licensed advance deposit wagering 
racetracks, to accept deposits from bettors in advance of races. Bettors would have the ability to make wagers through 
the telephone, the internet or other approved electronic media with prize money deposited in the bettor's account by 
the racetracks. 
The bill includes an Other Special Revenue Funds allocation of $48,204 in fiscal year 2014-15 which would increase 
to $95,408 starting in fiscal year 2015-16 for monitoring advance deposit wagering. This bill is anticipated to result in 
a $48,204 increase in revenue to the Harness Racing Commission from increased betting tax revenue and from new 
license and renewal fees beginning in fiscal year 2014-15, then rising to $95,408 in subsequent years. The bill will 
increase betting tax revenue by $7,959 in fiscal year 2014-15 and to $15,919 in subsequent years. The Harness Racing 
Promotional Board is also expected to have an increase in revenue of$6,837 starting in fiscal year 2014-15 and then 
rising to $13,673 in subsequent years. It is assumed that the off-track betting facilities' pooled share will be distributed 
by the racetracks managing the advance deposit accounts. 
LR0833(02) - Fiscal Note - Page I of 1