An Act To Authorize Advance Deposit Wagering for Horse Racing
Maine Legislature, Session 127, LD 1279
Committee: Veterans and Legal Affairs
Sponsors: PICCHIOTTI, LONGSTAFF, O'CONNOR, PRESCOTT, SKOLFIELD, WALLACE, WHITTEMORE
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

Legislative Document 
No. 1279 
H.P. 875 
House of Representatives, April 9, 2015 
An Act To Authorize Advance Deposit Wagering for Horse Racing 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative PICCHIOTTI of Fairfield. 
Cosponsored by Representatives: LONGSTAFF of Waterville, O'CONNOR of Berwick, 
PRESCOTT of Waterboro, SKOLFIELD of Weld, WALLACE of Dexter, Senator: 
WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
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 II-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: 
3.  Licensing of tracks and off-track betting facilities.  The commission shall 
license racetracks, advance deposit wagering providers and off-track betting facilities as 
provided in sections 271, 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 and, 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 and, off-track betting operations and 
advance deposit wagering providers 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 and, off-
track betting and advance deposit wagering, including: 
(1)  Supervision of all staff involved in harness racing and, 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 and, 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: 
§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, an off-track betting facility licensed by the commission and 
in operation as of January 1, 2014 or a multijurisdictional account wagering provider 
under subsection 2.  If a commercial track has not requested a license from the 
commission by October 15, 2015, the commission may issue a license to conduct advance 
deposit wagering to an off-track betting facility licensed by the commission that was in 
operation as of January 1, 2014 or a multijurisdictional account wagering provider.  After 
October 15, 2015, 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 that was in operation as of January 1, 2014 or a multijurisdictional 
account wagering provider.  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, multiple off-track betting facilities in partnership, multiple commercial 
tracks in partnership or multiple off-track betting facilities and commercial tracks in 
partnership. 
2.  Multijurisdictional account wagering providers.  The commission may license 
a multijurisdictional account wagering provider that complies with this subsection to 
accept wagers from a person in this State. 
A.  The multijurisdictional account wagering provider must be licensed by the state in 
which it is located and, if required, by each state in which it operates. 
B.  The character and background of the multijurisdictional account wagering 
provider must be such that granting the application for a license is in the public 
interest and the best interest of honest horse racing. 
C.  The multijurisdictional account wagering provider shall use the services of an 
independent 3rd party to perform identity verification services with respect to the 
establishment of wagering accounts for persons who are residents of this State. 
D.  The multijurisdictional account wagering provider shall allow the commission 
access to the premises of the multijurisdictional account wagering provider to visit, 
investigate and place expert accountants and other persons the commission 
determines necessary for the purpose of ensuring compliance with the rules of the 
commission. 
E.  If not already licensed, the multijurisdictional account wagering provider shall 
agree to promptly take the steps necessary to qualify to do business in the State and to 
maintain that status in good standing. 
F.  If the multijurisdictional account wagering provider has affiliates or subsidiaries 
that conduct live racing and those affiliates or subsidiaries are offered for wagering 
by the multijurisdictional account wagering provider, then those affiliates or 
subsidiaries must be offered for use by commercial track licensees and off-track 
betting facility licensees for the purpose of advance deposit wagering under this 
chapter under the same commercial terms as provided to the multijurisdictional 
account wagering provider.  The multijurisdictional account wagering provider may 
not offer for wagering any live racing that is not offered by a commercial track or off-
track betting facility advance deposit wagering licensee. 
G.  The multijurisdictional account wagering provider shall comply with all rules of 
the commission applicable to off-track betting facilities in the State, other than those 
requirements that require a presence in the State.  The multijurisdictional account 
wagering provider is subject to the commission and distribution requirements of this 
chapter. 
3.  Fees.  The initial fee for a license to conduct advance deposit wagering is $500.  
The annual renewal fee is $250. 
4.  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 the electronic benefits 
transfer system administered by the Department of Health and Human Services under 
Title 22, chapter 1, subchapter 1-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; 
I.  Prohibit the assignment or transfer of an advance deposit wagering account from 
an authorized account holder to another person; 
J.  Establish a process for disposition of abandoned advance deposit wagering 
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. 
5.  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.  If 
permitted by the off-track betting facility or commercial track, advance deposit wagering 
account holders may access accounts at such locations, with wagers using advance 
deposit wagering accounts treated as if the wager had been made at the commercial track 
or off-track betting facility. 
6.  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 and 2-B 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 advance deposit wagering licensee makes wagers on behalf of the bettor and to which 
the advance deposit wagering licensee deposits prize money awarded to the bettor. 
2-B.  Advance deposit wagering licensee.  "Advance deposit wagering licensee" 
means a commercial track, off-track betting facility or multijurisdictional account 
wagering provider licensed under section 271-A as a host facility for advance deposit 
wagering. 
Sec. 6.  8 MRSA §275-A, sub-§§6-A and 7-A are enacted to read: 
6-A.  Multijurisdictional account wagering provider.  "Multijurisdictional account 
wagering provider" means a business entity domiciled in a jurisdiction other than this 
State that does not operate a commercial track or an off-track betting facility that is open 
to the public within this State but that is licensed by another jurisdiction to offer pari-
mutuel account wagering on races the business entity simulcasts and other races it offers 
in its wagering menu to persons in or out of the jurisdiction that issued the license. 
7-A.  Net commission.  "Net commission" means the wagers placed via advance 
deposit wagering after subtracting the amount of the contract cost to the advance deposit 
wagering licensee in contracting with an advance deposit wagering 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. 7.  8 MRSA §286, sub-§§8 to 14 are enacted to read: 
8.  Advance deposit wagering interstate simulcasting with commingled pools; 
commercial track licensee.  Except as provided in 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 1.25%; 
(2)  The off-track betting facilities' pooled share is 34.75%; 
(3)  The Sire Stakes Fund share is 1.25%; 
(4)  The Stipend Fund share is 1.25%; 
(5)  The purse supplement share is 2.75%; 
(6)  The Harness Racing Promotional Fund share is 0.75%; 
(7)  The horsemen's purse share is 3.25%; and 
(8)  The commercial tracks' pooled share is 54.75%. 
B.  On regular wagers: 
(1)  The state share is 0.75%; 
(2)  The off-track betting facilities' pooled share is 33%; 
(3)  The Sire Stakes Fund share is 1.25%; 
(4)  The Stipend Fund share is 1.25%; 
(5)  The purse supplement share is 2.75%; 
(6)  The Harness Racing Promotional Fund share is 0.5%; 
(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 under subsection 8 in that 
calendar year 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: 
(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 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: 
(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 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 in 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 
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 under subsection 
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 34.75%. 
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 
under section 271-A 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 3.23333%; 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 
deposit wagering conducted by an off-track betting facility licensed to conduct advance 
deposit wagering under section 271-A 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 12.41827%; 
(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 1.04166%; and 
(7)  The host track share is 60.3625%. 
14.  Multijurisdictional account wagering provider.  The distribution of the 
commission on advance deposit wagering conducted by a multijurisdictional account 
wagering provider licensed to conduct advance deposit wagering in accordance with 
section 271-A in simulcasting of races with commingled pools originating at a racetrack 
in this State or 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 off-track betting facilities' pooled share is 34.75%; 
(3)  The Sire Stakes Fund share is 1.7975%; 
(4)  The Stipend Fund share is 2.345%; 
(5)  The purse supplement share is 7.13%; 
(6)  The Harness Racing Promotional Fund share is 1.8998%; 
(7)  The horsemen's purse share is 3.75%; and 
(8)   The commercial tracks' pooled share is 47.0777%. 
B.  On regular wagers: 
(1)  The state share is 0.75%; 
(2)  The off-track betting facilities' pooled share is 33%; 
(3)  The Sire Stakes Fund share is 1.83%; 
(4)  The Stipend Fund share is 2.41%; 
(5)  The purse supplement share is 7.39%; 
(6)  The Harness Racing Promotional Fund share is 1.718%; 
(7)  The horsemen's purse share is 2.5%; and 
(8)  The commercial tracks' pooled share is 50.402%. 
Sec. 8.  8 MRSA §293, as enacted by PL 1997, c. 528, §46, is amended by adding 
at the end 2 new paragraphs to read: 
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. 
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; advance deposit wagers 
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 effect 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, 2023. 
SUMMARY 
This bill establishes a framework for the conduct of advance deposit wagering on 
harness and thoroughbred racing.  The bill provides that commercial tracks and 
established off-track betting facilities are eligible for a license to accept wagers made by 
telephone or electronic communication using advance deposit wagering.  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 bill prescribes the duties of the commission with 
regard to enforcement and administration of laws and rules that govern advance deposit 
wagering.  The bill also authorizes multijurisdictional account wagering providers from 
outside the State to provide advance deposit wagering.