An Act To Align the Harness Racing Laws with Current Policies
Maine Legislature, Session 129, LD 1728
Committee: Agriculture, Conservation and Forestry
Sponsors: MAREAN, DILL, HICKMAN
Amends: 8 MRSA §279-A, 8 MRSA §279-B, 8 MRSA §280

Legislative Document
No. 1728
H.P. 1230
House of Representatives, May 14, 2019
An Act To Align the Harness Racing Laws with Current Policies
(EMERGENCY)
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.
Cosponsored by Senator DILL of Penobscot and
Representative: HICKMAN of Winthrop.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is urgent for the harness racing industry in this State to align harness 
racing laws with current policy and the policies of every other racing jurisdiction across 
the country and to have this alignment take effect as soon as possible; and
Whereas, current statutory language undermines the integrity of harness racing in 
this State and the confidence of the wagering public and threatens the future of the 
industry; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §279-A, as amended by PL 2007, c. 611, §6, is further amended 
to read:
§279-A.  Licenses, rules and regulations for participating in racing
For the purpose of enabling the commission to exercise and maintain a proper control 
over racing conducted under this chapter, the commission may adopt rules for the 
licensing, with or without fee in the discretion of the commission, of owners, trainers, 
drivers, grooms and all other persons participating in harness horse racing, including pari-
mutuel employees and race officials.  The commission may issue conditional licenses to 
owners, trainers, drivers, grooms and all other persons participating in harness racing, 
including pari-mutuel employees and race officials, if one or more criteria are not met as 
contained in the commission rules.  A person issued a license as a trainer shall submit a 
horse for testing in accordance with section 279-E.
The commission, in consultation with the department, shall set licensing and license 
renewal fees sufficient to carry out the administration and enforcement of the licensing 
program.  These fees may not exceed $100 annually.  The department shall provide a 
booklet containing public access to the harness racing laws statutes 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 department shall provide necessary revisions of this booklet to those persons 
renewing licenses at the time of renewal and shall include the cost not to exceed $10 in 
the renewal fee.
The commission may adopt rules for the conduct on the race track and grounds of 
owners, trainers, drivers, grooms and all other persons participating in harness horse 
racing.  The rules must be reasonably necessary for any one or more of the following 
purposes:  to protect the wagering public, to protect the State's share of pari-mutuel pools, 
to protect the health and welfare of spectators and participating owners, trainers, drivers, 
grooms and all other persons participating in harness horse racing, including pari-mutuel 
employees and race officials, and to protect the health and welfare of standard-bred 
standardbred horses.
The commission may adopt rules establishing allowable levels of permitted 
medications carried in the body of a horse while participating in races licensed by the 
commission. In addition, the commission may adopt rules establishing prohibited 
substances that may not be present in the body of a horse while participating in races 
licensed by the commission.
Notwithstanding section 280, the department may adopt a controlled medication 
program that permits controlled medication to be administered to racehorses.
The District Court Judge may revoke or suspend any license for violations of this 
chapter or the rules.
Sec. 2.  8 MRSA §279-B, as amended by PL 2007, c. 611, §7, is further amended 
to read:
§279-B.  Fines, suspensions and revocations
To enforce the provisions of this chapter and the rules referred to in section 279-A, 
the commission is authorized to establish a schedule for fines for each violation of this 
chapter or the rules. The commission is authorized to levy a fine, after notice and hearing, 
for each violation of this chapter or the rules.
The commission is further authorized to establish a schedule of suspensions of 
licenses and may levy suspensions for each violation of this chapter or the rules.
The commission is further authorized to disqualify a horse, and may require the 
return of any purse won by the horse, if it is found to have carried in its body either a 
prohibited substance or an exceedance of an allowable level of a permitted medication 
during any race licensed by the commission.
Any person aggrieved by any fine, disqualification, purse return or suspension 
imposed by the commission may seek judicial review pursuant to the Maine 
Administrative Procedure Act, Title 5, chapter 375.
2.  Delegation of authority to commission chair.  The commission may delegate to 
the chair, by rules adopted in accordance with the Maine Administrative Procedure Act, 
its authority to levy fines, disqualifications, purse returns and suspensions for particular 
violations or classes of violations.  The chair shall exercise this authority in a manner 
consistent with Title 5, chapter 375.  Any person aggrieved by any fine, disqualification, 
purse return or suspension imposed by the chair may seek judicial review pursuant to the 
Maine Administrative Procedure Act.  This subsection takes effect on July 1, 1992.
Sec. 3.  8 MRSA §280, sub-§1, as enacted by PL 2007, c. 244, §1, is amended to 
read:
1.  Violation; interference with horse.  Except as provided in section 279-A, a A 
person may not intentionally or knowingly:
A.  Interfere with, tamper, injure, destroy, stimulate or depress by the use of 
narcotics, drugs, stimulants or appliances of any kind any horse used for the purpose 
of racing, whether that horse is the property of that person or another;
B.  Attempt to violate paragraph A; or
C.  Cause, instigate, counsel or in any way abet the violation of paragraph A.
Sec. 4.  8 MRSA §280, sub-§3, ¶B, as enacted by PL 2007, c. 244, §1, is 
amended to read:
B.  The owner of any horse that is found to have been stimulated or doped violated 
this section must be denied any part of the purse offered for a race in which that horse 
participated, and the purse must be distributed as in the case of a disqualification.  If 
the owner of a horse is convicted of violating this section, the court may bar the 
owner from racing any horses in the State for a period of one year from the date of 
conviction.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill allows for the disqualification of horses participating in harness racing that 
are found in violation of the laws and rules governing prohibited substances and 
allowable levels of permitted medication and allows for the forfeiture of any purses won 
by horses in violation of those laws and rules.  It also removes language that requires the 
Department of Agriculture, Conservation and Forestry to provide a booklet containing 
harness racing laws and rules to harness racing licensees and instead requires the 
department to provide public access to those laws and rules.