An Act To Modernize the Laws Governing Maine Harness Racing
Maine Legislature, Session 128, LD 1532
Committee: Agriculture, Conservation and Forestry
Sponsors: MAREAN
Amends: 8 MRSA §262, 8 MRSA §263-A, 8 MRSA §263-B, 8 MRSA §264, 8 MRSA §267, 8 MRSA §268, 8 MRSA §271, 8 MRSA §272-C, 8 MRSA §275-A, 8 MRSA §275-N, 8 MRSA §276-B, 8 MRSA §277, 8 MRSA §279-E, 8 MRSA §283, 8 MRSA §299, 8 MRSA §1037

Legislative Document
No. 1532
H.P. 1052
House of Representatives, April 25, 2017
An Act To Modernize the Laws Governing Maine Harness Racing
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MAREAN of Hollis.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §262, as amended by PL 1991, c. 579, §5, is further amended to 
read: 
§262.  Organization 
Three of the members of the commission constitute a quorum to do business.  The 
commission shall meet at least monthly as necessary to accomplish the purposes of this 
chapter and shall keep a record of all proceedings of the commission and preserve all 
books, maps, documents, papers and records entrusted to its care. 
Sec. 2.  8 MRSA §263-A, sub-§5 is enacted to read: 
5.  Establishing minimum number of race dates for commercial tracks.  The 
commission shall establish a minimum number of race dates for commercial tracks. 
Sec. 3.  8 MRSA §263-B, sub-§4 is enacted to read: 
4.  Oversight of disbursements.  The department may require licensees to provide 
financial records and reports related to sections 281, 298, 299 and 300.  The department 
may audit records and reports provided under this subsection. 
Sec. 4.  8 MRSA §264, as amended by PL 2003, c. 401, §5, is further amended to 
read: 
§264.  Employees 
The department may employ such personnel as it considers necessary to provide 
adequate oversight and enforcement and to carry out the purposes of this chapter, subject 
to the Civil Service Law.  The department may fix the compensation of the employees on 
a per diem basis, subject to the Civil Service Law. 
Notwithstanding the provisions of this section, all officials whose presence is 
regularly required at a race meet must be licensed by the commission.  The commission 
shall appoint the presiding judge and associate judges on an annual basis with the consent 
of the licensee adopt rules providing for standards for the licensure and conduct of 
presiding and associate judges.  The licensee shall employ judges appointed in 
accordance with this section on an annual basis.  The commission shall provide the list of 
approved judges in accordance with section 279-C.  For purposes of the Maine Tort 
Claims Act, the presiding judge and associate judges appointed licensed pursuant to this 
section are deemed to be employees of the State, as those terms are defined in Title 14, 
section 8102, subsections 1 and 4.  The licensee may terminate the employment of a 
presiding or associate judge hired under this section only with the consent of the 
commission. 
In determining whether a presiding or associate judge may be terminated by a 
licensee, the commission shall consider improper conduct on behalf of the employee, 
failure to enforce the rules prescribed by the commission, malfeasance, violation of 
commission rules or behavior detrimental to the conduct of racing. 
When a presiding judge or an associate judge is required to attend an appeal hearing 
under section 263-A before the commission, the judge is entitled to mileage 
reimbursement consistent with Title 5, section 8 and a per diem of $100 per day. To 
receive compensation for appearance at an appeal hearing, a presiding judge or associate 
judge must submit an expense voucher consistent with Title 5, section 12002-C. 
Sec. 5.  8 MRSA §267, as amended by PL 2007, c. 539, Pt. G, §§4 and 5 and 
affected by §15, is further amended to read: 
§267.  Budget; report 
1.  Budget.  The commission shall develop or revise a recommended operating 
budget covering All Other account expenses for each fiscal year of the biennium in 
accordance with this subsection.  Funding for the commission is provided entirely from 
the operating account established in section 267-A. 
A.  On or before August 1st of even-numbered years the commission shall hold a 
hearing to make findings regarding and develop its recommended operating budget 
covering All Other account expenses for the biennium.  The commission shall 
provide notice of the hearing in accordance with Title 5, section 9052, and notice 
must be provided to persons who receive distributions from the funds established by 
sections 281, 298, 299 and 300 and Title 7, section 91.  Based on the information 
obtained during the hearing, the commission shall submit to the commissioner as 
provided in Title 5, section 1665 a budget consistent with this subsection that is 
sufficient to carry out the provisions of this chapter, and the commissioner shall 
transmit this budget to the Bureau of the Budget without any revision, alteration or 
change.  The commission shall submit a copy of this budget with any desired 
comments to the joint standing committee of the Legislature having jurisdiction over 
agricultural matters, to the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs  and to the Executive Director of 
the Legislative Council. 
B.  On or before August 1st of odd-numbered years the commission shall hold a 
hearing to make findings regarding and develop any revisions to its budget for the 
second fiscal year of the biennium.  The commission shall provide notice of the 
hearing in accordance with Title 5, section 9052, and notice must be provided to 
persons who receive distributions from the funds established by sections 281, 298, 
and 300 and Title 7, section 91.  After the hearing, the commission may submit 
to the commissioner any recommended revisions to its budget, and the commissioner 
shall transmit these changes to the Bureau of the Budget without any revision, 
alteration or change.  The commission shall submit a copy of this revised budget with 
any desired comments to the joint standing committee of the Legislature having 
jurisdiction over agricultural matters,  to the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs and to the 
Executive Director of the Legislative Council. 
Any budgetary increases proposed by the commission in developing its recommended 
budget for fiscal year 2010 and thereafter must be reasonable and related to expansion in 
the number of racing days, the numbers of races held, the need to maintain competitive 
salaries, expansion of programs and activities as recommended by the commission or 
inflation. 
2.  Annual report.  By May 1st annually, the commission shall make a report to the 
commissioner with copies to the Governor, the joint standing committee of the 
Legislature having jurisdiction over agricultural matters and the Executive Director of the 
Legislative Council.  This report must include an account of the commission's operations 
and actions, a report of its financial position, including receipts and disbursements, an 
account of the practical effects of application of this chapter and any recommended 
legislation.  The operations report must include the number and types of violations of 
racing laws and rules, the disposition of those violations and the amount of time required 
for their disposition, including a history of any appeals.  The report must include the date 
and amount of each administrative assessment withdrawn in accordance with section 
267-A from each of the assessed funds under section 267-A, subsection 4. 
Sec. 6.  8 MRSA §268, first ¶, as amended by PL 1999, c. 394, §1, is further 
amended to read: 
The commission shall adopt rules for holding, conducting and operating all harness 
horse races or meets for public exhibition held in this State; for the establishment of a 
minimum number of race dates at commercial tracks; and for the operation of racetracks 
on which any such race or meet is held; notwithstanding any other provision of law, 
harness horse races or meets licensed to be held on Sunday may commence at, but not 
before, noon. 
Sec. 7.  8 MRSA §268, 2nd ¶, as amended by PL 1993, c. 388, §3, is further 
amended to read: 
The commission may adopt rules for licensing and operating off-track betting 
facilities.  The commission shall mail notice of submit proposed rules or proposed 
amendments to rules related to off-track betting to each member of the joint standing 
committee of the Legislature having jurisdiction over legal affairs matters and to each 
member of the joint standing committee of the Legislature having jurisdiction over 
agricultural matters not less than 20 days before a public hearing on the proposed rule or 
amendment and not less than 20 days before adoption of such a rule or amendment 
without a public hearing.  The notice must include a copy of the proposed rule or 
amendment. 
Sec. 8.  8 MRSA §271, sub-§1, as amended by PL 2003, c. 687, Pt. B, §3 and 
affected by §11, is further amended to read: 
1.  Licensing.  If the commission is satisfied that all of this chapter and rules 
prescribed by the commission have been substantially complied with during the past year 
and will be fully complied with during the coming year by the person, association or 
corporation applying for a license; that the applicant, its members, directors, officers, 
shareholders, employees, creditors and associates are of good moral character; that the 
applicant is financially responsible; and that the award of racing dates to the applicant is 
appropriate under the criteria contained in subsection 2, it may issue a license for the 
holding of harness horse races or meets for public exhibition with pari-mutuel pools, 
which must expire on December 31st.  The fee for a license is $100 or $10 per week, 
whichever is higher is established by the commission.  The commission shall provide a 
booklet containing make available harness racing laws and rules and relevant portions of 
the Maine Administrative Procedure Act to every initial licensee and a fee not to exceed 
$10 must be included in the license fee to cover the cost of this publication.  The 
commission shall provide necessary revisions of this booklet to those persons renewing 
licenses at the time of renewal and shall include the cost of the revisions, not to exceed 
$10, in the renewal fee.  The license must set forth the name of the licensee, the place 
where the races or race meets are to be held and the specific race dates and time of day or 
night during which racing may be conducted by the licensee.  If the commission 
determines that the location where a commercial track is licensed to conduct races is 
unavailable, it may permit a licensee to transfer its license to another location.  The 
substitute location and the races conducted there by the licensee must be conducted in 
accordance with this chapter.  A license issued pursuant to this subsection is not 
transferable or assignable.  The District Court Judge, as designated in Title 4, chapter 5, 
may revoke any license issued at any time for violation of the commission's rules or 
licensing provisions upon notice and hearing.  The license is automatically revoked, 
subject to Title 5, chapter 375, upon a change in ownership, legal or equitable, of 50% or 
more of the voting stock of the licensee; the licensee may not hold a harness horse race or 
meet for public exhibition without a new license. 
Sec. 9.  8 MRSA §271, sub-§2, as amended by PL 2007, c. 539, Pt. G, §7 and 
affected by §15 and amended by PL 2011, c. 657, Pt. W, §6, is further amended to read: 
2.  Minimum number of race days; criteria for date awards.  The commission 
shall determine the number of race days that should be awarded to licensed applicants 
pursuant to this section based on the criteria set forth herein. The commission may award 
fewer than the minimum race days set forth in section 275-A, subsection 1 to commercial 
tracks with the express written approval of the track, and with the express written 
approval of an association of horsemen as defined in section 272-B, if credible evidence 
is presented that demonstrates that fewer race days is in the best interest of Maine's 
harness racing industry.  The award of fewer race days than set forth in section 275-A, 
subsection 1 may not affect the status of those tracks as commercial tracks pursuant to 
section 299.  In assigning race dates to licensees, the commission shall consider the 
following factors: 
A.  The revenues to be generated, consistent with the profitability and financial health 
of the licensee, for the operating account pursuant to section 287; the purse 
supplements pursuant to section 286; the Sire Stakes Fund pursuant to section 281; 
and the Stipend Fund pursuant to Title 7, section 86; 
B.  The quality of race programming and facilities offered and to be offered by the 
licensee and the suitability of the applicant's racing facilities for operation at the 
season for which the race dates are requested; 
C.  The necessity of having and maintaining proper physical facilities for racing 
meetings; and consequently, to insure ensure the continuance of the facilities, the 
quality of the licensee's maintenance of its track and plant, the adequacy of its 
provisions for rehabilitation and capital improvements and the necessity of fair 
treatment of the economic interests and investments of those who, in good faith, have 
provided and maintained racing facilities; 
D.  The desirability of reasonable consistency in the pattern of race date assignments 
from year to year; 
E.  With respect to agricultural societies seeking licenses to conduct harness racing 
meets at the time of their annual fairs, the scheduling of agricultural fairs determined 
by the Commissioner of Agriculture, Conservation and Forestry pursuant to Title 7, 
sections 83 and 84; 
F.  The preservation of a diversity of harness racing tracks in the State; 
G.  The quality of the licensee's observance and enforcement of this chapter and the 
rules promulgated adopted pursuant to this chapter during the past year; 
H.    The extent to which the licensee fully utilized race dates granted to it for the past 
year; 
I.  The personnel and resources available to the commission for the enforcement of 
this chapter and the rules promulgated adopted pursuant to this chapter; 
J.  The likely availability of race-worthy horses throughout the year with a goal of 
promoting full cards and avoiding 5-horse fields; and 
K.  Such other criteria consistent with the betterment of harness racing and the public 
health, safety and welfare as the commission may establish by rule. 
Sec. 10.  8 MRSA §271, sub-§5, as amended by PL 1995, c. 408, §3, is further 
amended to read: 
5.  Minimum number of race dates.  The commission may assign a commercial 
licensee a minimum number of race dates for a period of up to 3 years.  The specific 
calendar dates for the minimum number of race dates and any additional race dates are 
determined each year in accordance with subsection 1.  For the purposes of this 
subsection, "commercial licensee" means a licensee with an annual total of more than at 
least 25 race dates with pari-mutuel wagering in the previous calendar year. 
Sec. 11.  8 MRSA §271, sub-§7, as reallocated by RR 1997, c. 1, §5, is amended 
to read: 
7.  Hearing on horse supply.  Prior to August 31st of each year, the commission 
shall conduct a hearing to determine whether the horse supply in the State has been 
adequate for the number of dashes conducted on assigned race dates.  If the commission 
concludes that the horse supply has been inadequate, the commission shall limit to the 
extent necessary the number of dashes that a licensee may race on any date after August 
1st of that year that has been assigned to more than one track.  The commission may not 
restrict the number of dashes to fewer than 10 8. 
Sec. 12.  8 MRSA §271, sub-§9, as reallocated by RR 1997, c. 1, §7, is repealed. 
Sec. 13.  8 MRSA §272-C, sub-§§1 and 2, as enacted by PL 2013, c. 490, §2, 
are amended to read: 
1.  Establishment; deposits.  A licensee conducting live racing in the State shall 
establish a trust account for the benefit of the persons who race horses at that licensee's 
facility.  Except as provided by subsection 3, funds distributed to or retained by the 
licensee pursuant to sections 287, 289, 290, 292 and 298 and Title 7, section 91, less any 
administrative assessments pursuant to section 267-A, that must be used to pay or 
supplement harness racing purses must be deposited in that account and used exclusively 
to pay harness racing purses.  The funds in a trust account established in accordance with 
this subsection are not considered to be property of the licensee, may not be pledged as 
security for the debts of the licensee and are not subject to attachment or execution by 
creditors of the licensee.  The commission may adopt rules to provide for the allocation of 
purse money and oversight of the trust account.  Rules adopted pursuant to this 
subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
2.  Payment if licensee fails to conduct racing.  If a licensee ceases to operate and 
therefore fails to conduct a race meet racing during any of the assigned race dates in a 
calendar year, all funds not committed to pay purses held in the trust account established 
under this section by that licensee must be returned within 15 days to the commission, 
which shall return to the licensee any amount that represented a reimbursement that 
equaled an overpayment of harness racing purses.  Any remaining balance of the trust 
account must be redistributed by the commission to the trust accounts of all racetracks 
that continue to conduct live racing in the State, with each track receiving that portion of 
money determined by multiplying the amount of money available for redistribution by a 
fraction, the numerator of which is the number of race dates at that racing facility during 
the prior calendar year and the denominator of which is the total number of race dates 
throughout the State during that year, except that those funds received by a licensee 
pursuant to section 298 must be returned to the fund to supplement harness racing purses 
established in section 298 and must be distributed according to that section. 
Sec. 14.  8 MRSA §275-A, sub-§1, as amended by PL 2013, c. 490, §3, is further 
amended to read: 
1.  Commercial track.  "Commercial track" means a any harness horse racing track 
that is a for-profit business and is licensed under this chapter to conduct harness horse 
racing with pari-mutuel wagering that: is not associated with an agricultural fair as 
defined in Title 7, section 81 and 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 69 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 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 70 days in 
each of the 2 preceding calendar years; 
B.  If the population of the region is less than 300,000, based on the 1990 U.S. 
Census, conducted racing on more than 25 34 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 
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 26 35 days in each of the 2 
preceding calendar years; 
C.  Began operation after January 1, 2014 in a region with a population of 300,000 or 
more, based on the 1990 U.S. Census, to replace a commercial track as defined by 
paragraph A that ceased operation after January 1, 2014 and for which no separate 
racetrack has been opened by the owner or operator of that commercial track that 
ceased operation.  For purposes of this paragraph, a racetrack is not required to have 
conducted racing during the 2 preceding calendar years but is required to conduct 
racing on at least 100 70 days during each calendar year after the track is initially 
licensed as a commercial track.  If a commercial track under this paragraph has not 
been granted 100 70 race days by the commission for the initial calendar year of 
operation, race days conducted during that year by the commercial track that ceased 
operation after January 1, 2014 are credited to the replacement commercial track; or 
D.  Began operation after January 1, 2014 in a region with a population of less than 
300,000, based on the 1990 U.S. Census, to replace a commercial track as defined by 
paragraph B that ceased operation after January 1, 2014 and for which no separate 
racetrack has been opened by the owner or operator of that commercial track that 
ceased operation.  For purposes of this paragraph, a racetrack is not required to have 
conducted racing during the 2 preceding calendar years but is required to conduct 
racing on at least 25 35 days during each calendar year after the track is initially 
licensed as a commercial track.  If a commercial track under this paragraph has not 
been granted 25 35 race days by the commission for the initial calendar year of 
operation, race days conducted during that year by the commercial track that ceased 
operation after January 1, 2014 are credited to the replacement 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 of 
the racing track using that 50-mile measurement and excluding those municipalities or 
unorganized territories that do not have boundaries contained entirely by that circle. 
Sec. 15.  8 MRSA §275-A, sub-§9-A, as enacted by PL 1995, c. 408, §5, is 
amended to read: 
9-A.  Race date.  "Race date" means a scheduled date awarded by the commission 
pursuant to section 271 for which there is a racing program of not less than 8 separate live 
races.  In the event of cancellation of a portion of the scheduled racing program due to 
weather, power failure or a decision to cancel by the presiding judge on duty, a minimum 
of 5 live races actually raced constitutes a race date.  If a licensee schedules separate 
programs for both an afternoon and an evening on the same calendar day and each 
program qualifies as a race date under this subsection, that licensee is granted one race 
date for each program. 
Sec. 16.  8 MRSA §275-A, sub-§9-B is enacted to read: 
9-B.  Race day.  "Race day" means a scheduled day of racing awarded by the 
commission pursuant to section 271 on which racing occurred. 
Sec. 17.  8 MRSA §275-A, sub-§10-A, as enacted by PL 1995, c. 408, §6, is 
amended to read: 
10-A.  Regular meeting.  "Regular meeting" means the period of time from the first 
date a licensee is authorized to conduct live racing through the last date a licensee is 
authorized to conduct live racing, excluding periods of time longer than 14 days when the 
licensee is not authorized to conduct live racing.  Notwithstanding this subsection, the 
regular meeting of a licensee that is licensed to conduct live racing in at least 6 separate 
calendar months includes the entire calendar year. 
Sec. 18.  8 MRSA §275-N, as amended by PL 2015, c. 200, §2, is further amended 
to read: 
§275-N.  Limitations on off-track betting facilities 
The commission may allow interstate simulcasting and license any off-track betting 
facility regardless of the number of race dates that were conducted in the State for any 
calendar year.  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 35 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. 19.  8 MRSA §276-B, as enacted by PL 2013, c. 490, §4, is amended to read: 
§276-B.  Commercial track ceases operation; entitled to funds 
Other than funds used exclusively to pay harness racing purses, a commercial track 
that ceases operation is entitled to distribution of all funds maintained by the State under 
this chapter based on the number of race days conducted by that commercial track up to 
and including the final racing date conducted by that commercial track.  Payments due 
from a commercial track that ceases operation to any in-state commercial track, 
agricultural fair or off-track wagering licensee must be made from the funds under this 
section prior to distribution to the commercial track that has ceased operation.   
Sec. 20.  8 MRSA §277, as amended by PL 2013, c. 16, §10, is further amended to 
read: 
§277.  Records 
Every person, association or corporation conducting a race or race meet under the 
provisions of this chapter shall so keep its books and records as to clearly show all 
financial transactions relating to racing related to sections 281, 298, 299 and 300, which 
books and records shall be are subject to audit at any time by the department or the Office 
of the State Auditor. 
Sec. 21.  8 MRSA §279-E, as enacted by PL 2007, c. 611, §8, is amended to read: 
§279-E.  Trainers; duty to submit a horse for testing for use of prohibited substances 
Upon request of the commission, a person who signs an application for and receives a 
trainer's license in accordance with this chapter and rules adopted under section 279-A 
shall submit a horse trained by that licensee, qualified to race and identified by the 
commission for the purpose of obtaining a blood biological sample to test for the use of 
prohibited substances.  
1.  Obtaining a sample.  Pursuant to this section, the commission may require a 
licensed trainer to: 
A.  Transport the horse to a designated site where a veterinarian employed by the 
commission or the department may draw a blood obtain a biological sample; or 
B.  Allow a veterinarian employed by the commission or the department, or a 
veterinarian designated by the commission and accompanied by a state steward 
designated department personnel, access to the premises where the horse is kept for 
the purpose of obtaining a blood biological sample. 
2.  Rulemaking.  The commission shall adopt rules establishing a procedure for 
obtaining blood biological samples and ensuring a secure chain of custody for 
transporting the sample to a laboratory for testing.  The rules must consider travel 
distances and costs associated with obtaining a sample when designating a testing site and 
may assess a fee to defray travel costs for the veterinarian and the state steward 
designated department personnel. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
3.  Refusal.  Refusal to comply with the commission's directives for obtaining a 
sample under this section is a basis for suspension of a trainer's license. 
Sec. 22.  8 MRSA §283, as amended by PL 2013, c. 155, §2, is further amended to 
read: 
§283.  Reciprocal disciplinary action 
The department shall obtain current listings from other jurisdictions of persons in 
harness racing occupations regulated by the commission who have been refused a license 
or who have had their license revoked or suspended.  The commission shall refuse to 
license or shall suspend the license of any person who has been refused a license or who 
has had that person's whose license is currently refused, revoked or suspended in another 
jurisdiction until notification from the jurisdiction that refused to license or suspended or 
revoked the license of the person that the person is again eligible for licensing in that 
jurisdiction. 
Sec. 23.  8 MRSA §299, sub-§1, as amended by PL 2007, c. 539, Pt. G, §11 and 
affected by §15, is further amended to read: 
1.  Fund created.  The Fund to Encourage Racing at Maine's Commercial Tracks is 
established to provide revenues to Maine's commercial tracks.  The fund is a dedicated, 
nonlapsing fund.  All revenues deposited in the fund remain in the fund and must be 
disbursed in accordance with this section, except that assessments and advances may be 
withdrawn in accordance with section 267-A.  The commission may adopt rules to 
establish standards for the use of the fund. 
Sec. 24.  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 
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 race day credits awarded to the 
commercial track during the preceding time period and the denominator of which is the 
total number of race days conducted by day credits awarded for 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 day credits actually earned 
by the commercial track during the calendar year and the denominator of which is the 
total number of race days conducted day credits actually earned by all commercial tracks 
licensed under section 271 during that calendar year. 
Sec. 25.  8 MRSA §299, sub-§3, as enacted by PL 2015, c. 493, §3, is amended to 
read: 
3.  Track closure distribution.  Notwithstanding subsection 2, if a commercial track 
ceases operation and is not immediately replaced by a commercial track in the same 
region that is owned by the same owner as the commercial track that ceased operation, all 
amounts credited to the fund established by this section must be disbursed to the 
remaining commercial tracks and to agricultural fair licensees that conduct live racing 
based on days raced during extended meets up to a maximum of 100 days raced during 
extended meets per year and until such time as a new commercial track begins operation.  
If a commercial track ceases operation, the commission may vary from the distribution 
schedule set forth in subsection 2 to facilitate racing at other licensed tracks in the State.  
The payment to a commercial track or agricultural fair is determined by dividing the 
amount in the fund by 150 and multiplying the result by the number of days raced by that 
commercial track or agricultural fair pursuant to subsections 2 and 5, with agricultural 
fair licenses conducting live racing during attended meets receiving race day credits as 
determined in subsection 5 in a similar manner as commercial race tracks receive race 
day credits.  An agricultural fair must receive its payment on no later than May 30th 
before extended meets are held based on assigned dates for extended meets for that 
agricultural fair.  An adjustment must be made no later than the January 30th following 
the extended meets that results in payment to an agricultural fair based on days actually 
raced during extended meets by that agricultural fair.  Any amount remaining in the fund 
on January 30th after payments are made to commercial tracks and agricultural fairs must 
be transferred to the operating account of the commission under section 267-A. 
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 of 
the racing track using that 50-mile measurement and excluding those municipalities or 
unorganized territories that do not have boundaries contained entirely by that circle. 
Sec. 26.  8 MRSA §299, sub-§5 is enacted to read: 
5.  Race day credits.  For the purposes of this section, race day credits are awarded 
as follows: 
A.  One race day credit is earned for each day actually raced; 
B.  One additional race day credit is earned for each day raced when no other 
association licensed under section 271 is scheduled to race; and 
C.  One additional race day credit is earned for each day raced during the months of 
March and December. A maximum of 12 race day credits may be awarded per 
commercial track for the month of March and a maximum of 12 race day credits may 
be awarded per commercial track for the month of December. 
Sec. 27.  8 MRSA §1037, first ¶, as enacted by PL 2011, c. 358, §6 and amended 
by c. 657, Pt. W, §6, is further amended to read: 
Beginning February 15, 2012, the executive director of the State Harness Racing 
Commission, in consultation with the Commissioner of Agriculture, Conservation and 
Forestry, annually shall submit a report to the joint standing committees of the 
Legislature having jurisdiction over slot machines, harness racing, agricultural fairs and 
appropriations and financial affairs regarding the use of slot machine revenue deposited 
in funds under section 1036, subsection 2, paragraphs B, C, D, H and I.  The executive 
director and the commissioner shall obtain the information as described in this section. 
The report required by this section must be completed using budgeted resources.  The 
executive director may not distribute funds listed under section 1036, subsection 2, as 
applicable, to harness racing tracks, off-track betting facilities, agricultural fairs or the 
Sire Stakes Fund under section 281 until the information required to submit the report 
required by this section is provided.  The report required by this section may be combined 
with the report required under section 267. 
SUMMARY 
This bill amends the laws governing harness racing to require meetings of the State 
Harness Racing Commission as necessary rather than monthly; authorize the commission 
to adopt rules providing for standards for licensure and conduct of presiding and associate 
judges; remove a provision directing the annual appointment of judges by the 
commission; modify budget requirements to account for current processes; eliminate the 
requirement for the State Harness Racing Commission to provide paper copies of law 
booklets to licensees; give the commission authority to request and audit financial 
records; clarify when purse money must be repaid to the commission for redistribution; 
place the establishment of minimum race date determinations under the purview of the 
commission; amend the definition of "commercial track" and "race date" and add a 
definition of "race day"; change the way disbursements from the Fund to Encourage 
Racing at Maine's Commercial Tracks are calculated; authorize the commission to require 
that a biological sample, instead of a blood sample, of a horse be taken to test for 
prohibited substances; and reduce redundant reporting.