An Act To Enhance Equity and Efficiency for Off-track Betting Facilities
Maine Legislature, Session 127, LD 0838
Committee: Veterans and Legal Affairs
Sponsors: PICCHIOTTI, LONGSTAFF, GERZOFSKY
Amends: 8 MRSA §275-A, 8 MRSA §275-D, 8 MRSA §275-N, 8 MRSA §286, 8 MRSA §295

Legislative Document 
No. 838 
H.P. 572 
House of Representatives, March 10, 2015 
An Act To Enhance Equity and Efficiency for Off-track Betting 
Facilities 
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 Representative: LONGSTAFF of Waterville, Senator: GERZOFSKY of 
Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §275-A, sub-§7-A is enacted to read: 
7-A.  Net commission.  "Net commission" means the total commission less 6.5% of 
the amount wagered. 
Sec. 2.  8 MRSA §275-D, sub-§1, as amended by PL 2011, c. 99, §1, is further 
amended to read: 
1.  Off-track betting on simulcast racing.  A person may conduct pari-mutuel 
wagering at an off-track betting facility that is licensed under this section, if the person is 
licensed to operate a hotel, as defined in Title 28-A, section 2, subsection 15, paragraph 
H, with public dining facilities, a Class A lounge, as defined in Title 28-A, section 2, 
subsection 15, paragraph L, a Class A restaurant, as defined in Title 28-A, section 2, 
subsection 15, paragraph R, or a Class A restaurant/lounge, as defined in Title 28-A, 
section 2, subsection 15, paragraph R-1, or if the off-track betting facility is operated by 
an outside vendor and is located in premises the proprietor of which holds one of the 
listed licenses. 
Sec. 3.  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 and license any off-track 
betting facility regardless of the number of race dates that were conducted in the State 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.  
Interstate simulcasting always must be allowed at any 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 at which at least 
race dates were conducted during the preceding 2 years if the interstate simulcasting at 
the 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. 4.  8 MRSA §286, sub-§4, as enacted by PL 1997, c. 528, §46, is amended to 
read: 
4.  Off-track betting facility interstate simulcasting with commingled pools.  The 
distribution of the commission on simulcasting of races with commingled pools 
originating at a racetrack in another state by an off-track betting facility is calculated as a 
percentage of the commission with respect to the State's share and as percentages of the 
net commission with respect to all other participants' shares and is distributed as follows. 
A.  On exotic wagers: 
(1)  The state share is 8.647% for an off-track betting facility located in the same 
municipality as a commercial track and 9.801% for all other facilities; 
(2)  The Sire Stakes Fund share is 5.965%; 
(3)  The Stipend Fund share is 4.494%; 
(4)  The purse supplement share is 16.558%; 
(5)  The Harness Racing Promotional Fund share is 0.962%; 
(6)  The off-track betting facility share is 49.269% all amounts not otherwise 
assigned; and 
(7)  The off-track betting facility simulcast fund share is 12.951%. 
B.  On regular wagers: 
(1)  The state share is 2.739% for an off-track betting facility located in the same 
municipality as a commercial track and 4.405% for all other facilities; 
(2)  The Sire Stakes Fund share is 0.400%; 
(3)  The Stipend Fund share is 6.590%; 
(4)  The purse supplement share is 8.399%; 
(5)  The Harness Racing Promotional Fund share is 1.389%; 
(6)  The off-track betting facility share is 60.190% all amounts not otherwise 
assigned; and 
(7)  The off-track betting facility simulcast fund share is 18.627%. 
Sec. 5.  8 MRSA §295, sub-§2, as amended by PL 2005, c. 563, §8, is further 
amended to read: 
2.  Distribution.  On May 30th, September 30th and within 30 days after the close of 
all off-track betting facilities for the year, amounts payable under subsection 1 for 
distribution in accordance with this subsection must be distributed to all commercial 
tracks, except a commercial track whose parent company is owned or operated or owned 
and operated by a casino in this State, that have provided simulcast transmission of live 
racing in the State on any date and to those agricultural fair associations that have 
provided simulcast transmission of live racing in the State on the dates assigned by the 
commissioner pursuant to Title 7, section 84.  Distribution must be in the proportion that 
the amount of exotic wagers placed at off-track betting facilities on simulcast races from 
each licensee up to the last day of the preceding month bears to the total amount of exotic 
wagers at off-track betting facilities on races simulcast from all commercial racetracks 
and agricultural fair associations up to that date.  Amounts payable under subsection 1 for 
distribution in accordance with this subsection that would have been allocated to a 
commercial track whose parent company is owned or operated or owned and operated by 
a casino in this State must be distributed to the off-track betting facility at which the 
amounts originated.  The last payment of the calendar year must be adjusted to reflect 
each licensee's exotic wagers in proportion to the total of the exotic wagers at off-track 
betting facilities in that calendar year. 
SUMMARY 
This bill adjusts the distribution of commissions on simulcasting of races with 
commingled pools originating at a racetrack in another state by an off-track betting 
facility without reducing the portion of those revenues that benefit the State.  In addition, 
the bill eliminates the off-track betting facility simulcast fund share received by a 
commercial track whose parent company is owned or operated or owned and operated by 
a casino in this State.  The bill also modifies the requirement that an off-track betting 
facility operator be a liquor license holder, but maintains the requirement that an off-track 
betting facility be situated in a facility that is licensed to serve liquor and food.  The bill 
also eliminates the requirement for at least 150 race dates in the preceding 2 calendar 
years before interstate simulcasting or the licensing of an off-track betting facility is 
allowed.