An Act to Legalize Historical Horse Racing and Electronic Beano to Allow Maine Gaming Licensees and Federally Recognized Indian Tribes to Compete with Other Gaming States
Maine Legislature, Session 131, LD 1992
Committee: Veterans and Legal Affairs
Sponsors: COLLINGS

Legislative Document
No. 1992
H.P. 1275
House of Representatives, May 23, 2023
An Act to Legalize Historical Horse Racing and Electronic Beano to 
Allow Maine Gaming Licensees and Federally Recognized Indian 
Tribes to Compete with Other Gaming States
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA c. 37 is enacted to read:
CHAPTER 37
ELECTRONIC BEANO AND HISTORICAL HORSE RACING
§1301. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms 
have the following meanings.
1.  Director.  "Director" means the director of the Gambling Control Unit within the 
Department of Public Safety.
2.  Electronic beano terminal.  "Electronic beano terminal" means an electronic 
device used by a beano participant to play high-stakes electronic beano. An electronic 
beano terminal allows a participant, upon payment of cash, token or credit, to play a game 
of chance resembling beano from a draw of no more than 75 letters and numbers that 
correspond to the electronic beano game. The element of chance is determined by a central 
computer server system that communicates with the electronic beano terminal.  An 
electronic beano terminal is not a slot machine as defined in section 1001, subsection 39.
3.  Gambling facility.  "Gambling facility" means a race track, off-track betting facility 
or high-stakes beano or beano facility licensed under Title 17, chapter 13-A or slot machine 
facility or casino licensed under chapter 31.
4.  Historical horse race.  "Historical horse race" means a horse race that:
A.  Was previously run at a licensed pari-mutuel facility located in the United States;
B.  Concluded with official results; and
C.  Concluded without scratches, disqualifications or dead-heat finishes.
5.  Historical horse racing terminal.  "Historical horse racing terminal" means an 
electronic device that allows a player to place a pari-mutuel wager on a historical horse 
race upon payment of cash, token or credit.  A historical horse racing terminal is not a slot 
machine as defined in section 1001, subsection 39.
6.  License.  "License" means a license issued by the director under this chapter.
7.  Licensee.  "Licensee" means a person granted a license under this chapter.
8.  Net terminal income.  "Net terminal income" means cash, tokens, credits or similar 
objects or things of value used to play on an electronic beano terminal or a historical horse 
racing terminal minus cash, credits or prizes paid out to winners.
9.  Pari-mutuel wagering.  "Pari-mutuel wagering" means a method of wagering in 
which those who wager on horses that finish in the position or positions for which wagers 
are taken share in the total amounts wagered.
§1302.  Powers of director
1.  Powers.  In administering and enforcing this chapter, the director may:
A.  Pursuant to section 1303, approve or deny any application and issue, limit, restrict, 
suspend or revoke any license issued under this chapter;
B.  Review reports of the investigation and qualifications of an applicant before a 
license is issued;
C.  Prescribe the manner for the collection of all revenues under this chapter;
D.  Adopt rules the director determines necessary to administer this chapter;
E.  Investigate complaints regarding the operation of electronic beano terminals and 
historical horse racing terminals in violation of this chapter and rules adopted pursuant 
to this chapter;
F.  Impose sanctions, penalties and costs of investigation and hearing against an 
applicant or licensee for violation of this chapter or rules adopted pursuant to this 
chapter; and
G.  Conduct a financial audit of any licensee, at any time, to ensure compliance with 
this chapter.
§1303.  License to operate electronic beano or historical horse racing terminals
1.  License required.  A person may not operate an electronic beano terminal or 
historical horse racing terminal unless the person has been issued a license by the director.  
An electronic beano license authorizes a licensee to own or lease electronic beano terminals 
at a licensed gambling facility.  A historical horse racing license authorizes a licensee to 
own or lease historical horse racing terminals at a licensed gambling facility.
2.  Persons eligible for license.  The director may issue licenses to operate electronic 
beano terminals and may issue licenses to operate historical horse racing terminals to:
A.  Federally recognized Indian tribes authorized to conduct high-stakes beano in 
accordance with Title 17, section 314-A;
B.  Operators of commercial tracks and off-track betting facilities licensed to conduct 
pari-mutuel wagering under chapter 11; and
C.  Operators of slot machine facilities or casinos licensed under chapter 31.
3.  Location.  Operation of an electronic beano terminal or a historical horse racing 
terminal licensed in accordance with this section must be at the gambling facility where the 
licensee is authorized to conduct beano, accept pari-mutuel wagers, operate slot machines 
or operate table games.
§1304.  Allocation of funds
1.  Distribution of net terminal income.  A person licensed under this chapter shall 
collect and distribute 10% of the net terminal income from electronic beano terminals and 
historical horse racing terminals to the director for distribution by the director as follows:
A.  One percent of net terminal income must be deposited to the General Fund for 
administrative expenses of the Gambling Control Unit in the Department of Public 
Safety;
B.  One percent of net terminal income must be forwarded by the director to the 
Treasurer of State, who shall credit the money to the Gambling Addiction Prevention 
and Treatment Fund established by Title 5, section 20006-B;
C.  Four percent of net terminal income must be forwarded by the director to the 
Treasurer of State, who shall credit the money to the Agricultural Fair Support Fund 
established pursuant to Title 7, section 91; and
D.  Four percent of net terminal income must be forwarded by the director to the 
Treasurer of State, who shall credit the money to the fund established in section 298 to 
supplement harness racing purses.
2.  Failure to collect and distribute funds.  A person licensed under this chapter who 
knowingly or intentionally fails to comply with this section commits a Class C crime.  In 
addition to any other sanction available by law, the license of a person may be revoked by 
the director and electronic beano terminals and historical horse racing terminals operated 
by the licensee may be disabled and the proceeds and associated gaming equipment may 
be confiscated by the director and are subject to forfeiture under Title 17-A, section 959 or 
960.
3.  Late payments.  The director may adopt rules establishing the dates on which 
payments required by this section are due.  All payments not remitted when due must be 
paid together with interest on the unpaid balance at a rate of 1.5% per month.
§1305.  Violations and penalties
1.  Violation.  A person, firm, corporation or association or an agent or employee of 
one of those entities may not violate this chapter or a rule adopted pursuant to this chapter.  
2.  Penalty.  For each violation of this chapter or of a rule adopted pursuant to this 
chapter, the director may:  
A. Impose a fine of up to $1,000 per violation; or   
B. Impose a fine not to exceed $5,000 for violations arising out of the same transaction 
or occurrence.
§1306.  Applicability of other laws
Unless expressly provided in this chapter, the provisions of Title 17, chapter 62 and 
Title 17-A, chapter 39 do not apply to the conduct of electronic beano and historical horse 
racing operated in accordance with this chapter and rules adopted pursuant to this chapter.  
§1307.  Rulemaking
The director may adopt rules to implement this chapter.  Rules adopted pursuant to this 
section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill authorizes the licensed operation of electronic beano terminals and historical 
horse racing terminals by federally recognized Indian tribes, off-track betting facilities, 
commercial tracks, slot machine facilities and casinos.  Licenses are issued by the director 
of the Gambling Control Unit within the Department of Public Safety.  The bill requires an 
operator of an electronic beano terminal or a historical horse racing terminal to collect 10% 
of net terminal income for distribution to the General Fund for administrative expenses of 
the Gambling Control Unit and to gambling addiction prevention and treatment services, 
harness racing purses and agricultural fairs.