An Act to CotTect
Maine Legislature, Session 132, LD 1984
Committee Amendment CA_A_H725 (House)
Amends: 5 MRSA §81, 8 MRSA §263-A, 8 MRSA §271, 8 MRSA §272-B, 8 MRSA §272-C, 8 MRSA §275-A, 8 MRSA §275-D, 8 MRSA §286, 8 MRSA §292, 8 MRSA §1037, 10 MRSA §3251

COMMITTEE AMENDMENT "A' to H.P. 1328, L.D. 1984, "An Act to CotTect 
Inconsistencies, Conflicts and Errors in the Laws of Maine,, 
Amend the bill in Patt A by striking out all of section 10. 
Amend the bill in Patt A in section 23 in §3855 in the first indented paragraph in the 
3rd line (page 7, line 15 in L.D.) by insetting after the following: "after the" the following: 
'order of 
81. 
. ,.• 
Amend the bill in Patt A by striking out all of sections 37 to 48, 59 to 6.2, _69, 80 an_d 
Amend the bill by inserting afte1· Patt A the following: 
1PARTB 
Sec, B-1. 5 MRSA §81, as amended by PL 1977, c. 674, § 1, is fmther amended to 
read: 
§81. Office and duties; vacancy; salary; expenses; fees 
The Department of the Secretary of State, as heretofore established, shall consist 
consists of the Secretary of State, the State Archives and such other state departments and 
agencies as are by law subject to the direction of the Secretary of State. The secretary shall 
keep his the Secretary of State's office at the seat of government; have the custody of the 
state seal and preserve all records in &Heh that office, at the expense of the State. The 
Secretary of State may appoint deputy secretaries of state who shall serve at the pleasure 
of the Secretary of State. The secretary shall designate one of his the deputies as first deputy 
secretary of state. When a vacancy happens in the office of Secretary of State during the 
recess of the Legislature, the first deputy secretary of state shall act as Secretary of State 
until a Secretary of State is elected by the Legislature. &ooh That deputy shall take the oath 
required of the elected Secretary of State and must have the same compensation while he 
performs petforming the duties of the office. 
Page I - 132LR0001(02) 
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COMMITTEE AMENDMENT "A" to H.P. 1328, L.D. 1984 
The Secretary of State and his deputy shall any deputy secretaries of state must receive 
such actual traveling expenses incident to the administration of his department the 
Department of the Secretary of State as shall be are necessary. 
The Secretary of State shall collect the legal and usual fees payable to him by virtue of 
his office the Secreta1y of State and shall pay them over forthv1ith immediately to the 
Treasurer of State. 
Sec, B-2. 8 MRSA §263-A, sub-§7, as enacted by PL 2017, c. 3 71, § 1, is amended 
to read: 
7. Input on the promotion of harness racing. The commission shall invite input 
from a statewide association of harness hornemen horse owners, trainers and drivers, a 
statewide association of Standardbred breeders, a statewide association of agricultural fairs 
and persons who are members of organizations representing the interests of commercial 
hamess racing tracks and off-track betting facilities on the marketing and promotion of 
harness racing in this State. 
Sec. B-3. 8 MRSA §271, sub-§2, as amended by PL 2019, c. 626, §§4 to 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 fo1th herein. The commission may award fewer than 
the minimum race days set fo1th 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 horse owners, trainers and drivers 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 fotth 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 and the development of revenues from interstate simulcasting of the 
licensee's race programming, 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, the suitability of the applicant's racing facilities for operation at the season for 
which the race dates are requested and the ability of the applicant to offer racing at 
night; 
C. The necessity of having and maintaining proper physical facilities for racing 
meetings, including the ability to maintain ownership of or a leasehold on the facilities; 
and consequently, to 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; 
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COMMITTEE AMENDMENT •A" to H.P. 1328, L.D, 1984 
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 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 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 bette1ment of harness racing and the public 
health, safety and welfare as the commission may establish by rule. 
If the executive director or the commission dete1mines that any of the criteria listed in this 
subsection have not been met by the licensee, the executive director shall submit a notice 
of the deficiency in meeting any criteria to the licensee, regardless of whether the 
deficiency resulted in the denial of the application for or the refusal to award race dates, 
The director shall also submit a copy of the notice in the same manner and at the same time 
to the joint standing committee of the Legislature having jurisdiction over agriculture 
matters. 
Sec, B-4. 8 MRSA §272-B, first 1, as amended by PL 2013, c. 490, §1, is further 
amended to read: 
Notwithstanding any ethef provision of this chapter to the contra1y. up to 3 % of funds 
designated to supplement purses may be paid to a statewide association of horsemen horse 
owners. trainers and drivers in accordance with this section. A statewide association of 
horsemen horse owners. trainers and drivers, referred to in this section as "the association," 
means an association of horsemen horse owners. trainers and drivers a majority of the 
membership of which is composed of owners, trainers and drivers or any combination of 
owners, trainers and drivers who are licensed by the commission and whose officers are 
authorized by the membership to negotiate with a person licensed to conduct racing under 
section 271 on behalf of the association's membership. 
Sec, B-5. 8 MRSA §272-C, sub-§1, as amended by PL 2017, c. 231, § 13, is fmther 
amended to read: 
1. Establishment; deposits; rules, 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 
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COMMITTEE AMENDMENT "k to H.P. 1328, L.D. 1984 
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 governing the handling of trust 
accounts, providing for the reallocation of trust account funds to other licensed commercial 
tracks in the event that a track ceases operation or cancels a significant number of race 
days, as determined by the commission, and governing the handling of harness racing 
purses at any commercial track that does not have a contract with a statewide horsemen 
association of horse owners. trainers and drivers. Rules adopted pursuant to this subsection 
are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. B-6. 8 MRSA §275-A, sub-§1, ,A, as repealed and replaced by PL 2021, c, 
406, §1, is amended by amending subparagraph (2) to read: 
(2) A determination by the commission under section 271, subsection 2, and with 
the express written approval of the track and of a statewide association of horsemen 
horse owners. trainers and drivers as defined in section 272-B, that a lesser number 
of race days is in the best interest of the State's harness horse racing industty; or 
Sec. B-7. 8 MRSA §275-A, sub-§1, ~, as repealed and replaced by PL 2021, c. 
406, §2, is amended by amending subparagraph (2) to read: 
(2) A determination by the commission under section 271, subsection 2, and with 
the express written approval of the track and of a statewide association of horsemen 
horse owners, trainers and drivers as defined in section 272-B, that a lesser number 
of race days is in the best interest of the State's harness horse racing indust1y. 
Sec. B-8. 8 MRSA §275-D, sub-§8, ~, as amended by PL 1997, c. 528, §22, is 
fu1ther amended by amending subparagraph (2) to read: 
(2) Either the association representing the horsemen horse owners, tt·ainers and 
drivers at those tracks at that time or the commission, 
Sec. B-9. 8 MRSA §286, sub-§1, 1A, as enacted by PL 1997, c, 528, §46, is 
amended by amending subparagraph (6) to read: 
( 6) The horsemen's horse owners'. trainers' and drivers' purse share is 3 .315%; and 
Sec. B-10. 8 MRSA §286, sub-§1, ~' as enacted by PL 1997, c, 528, §46, is 
amended by amending subparagraph (6) to read: 
(6) The horsemen's horse owners'. trainers' and drivers' purse share is 0.526%; and 
Sec. B-11. 8 MRSA §286, sub-§2, 1A, as enacted by PL 1997, c, 528, §46, is 
amended by amending subparagraph (5) to read: 
(5) The horsemen's horse owners', trainers' and drivers' purse share is 7,871 %; 
Sec, B-12. 8 MRSA §286, sub-§2, ~, as enacted by PL 1997, c, 528, §46, is 
amended by amending subparagraph (5) to read: 
(5) The horsemen's horse owners'. trainers' and drivers' purse share is 5.062%; 
Sec. B-13. 8 MRSA §286, sub-§3, 1A, as enacted by PL 1997, c, 528, §46, is 
amended by amending subparagraph ( 6) to read: 
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COMMITTEE AMENDMENT 'A" to H.P. 1328, L.D. 1984 
(6) The horsemen's horse owners', trainers' and drivers' purse share is 4.305%; and 
Sec. B-14. 8 MRSA §286, sub-§3, 18, as enacted by PL 1997, c. 528, §46, is 
amended by amending subparagraph ( 6) to read: 
(6) The horsemen's horse owners', trainers' and drivers' purse share is 1.512%; and 
Sec. B-15. 8 MRSA §286, sub-§5, 1A, as enacted by PL 1997, c. 528, §46, is 
amended by amending subparagraph (6) to read: 
(6) The hornemen's horse owners', trainers' and drivers' purse share is 16.558%; 
and 
Sec. B-16. 8 MRSA §286, sub-§5, 18, as enacted by PL 1997, c. 528, §46, is 
amended by amending subparagraph (6) to read: 
(6) The horsemen's horse owners'. trainers' and drivers' purse share is 8.399%; and 
Sec. B-17. 8 MRSA §286, sub-§7, 1A, as enacted by PL 1997, c. 528, §46, is 
amended by amending subparagraph (6) to read: 
(6) The horsemen's horse owners', trainers' and drivers' purse share is 4.305%; and 
Sec. B-18. 8 MRSA §286, sub-§7, 18, as enacted by PL 1997, c. 528, §46, is 
amended by amending subparagraph (6) to read: 
( 6) The horsemen's horse owners'. trainers' and drivers' purse share is 1. 512%; and 
Sec. B-19. 8 MRSA §292, as amended by PL 2001, c. 300, §§2 and 3, is fmther 
amended to read: 
§292. Horsemen's Horse owners', trainers' and drivers' purse share 
Amounts calculated as horsemen's horse owners', trainers' and drivers' purse share 
under section 286 must be retained by the licensee to supplement purse money at the track 
where the wager was placed, except that, for wagers placed at a racetrack in the State on a 
simulcast race conducted at another racetrack in the State, 1.512% of the regular wagers 
and 4.305% of the exotic wagers must be sent to the track in the State where the harness 
race was conducted, 
Sec. B-20. 8 MRSA §1037, sub-§4, W, as enacted by PL 2011, c. 358, §6, is 
amended to read: 
F. An accounting of the Sire Stakes Fund, including the total amount of the fund at the 
beginning and end of the racing season and, repo1ted separately, expenditures used to 
supplement purses, pay breeder promotional contracts, pay adve1tising costs, make 
payments to a statewide horsemen association of horse owners. trainers and drivers, 
pay administrative costs and make contributions to the operating account described in 
section 267-A. 
Sec. B-21. 10 MRSA §3251, as amended by PL 2015, c. 56, §1, is further amended 
to read: 
§3251. Lien established 
Whoe10er A person who perfonns labor or furnishes labor or materials, including repair 
pa1ts of machines used, or performs services as a surveyor, an architect, a forester licensed 
under Title 32, chapter 76 or an engineer, or as a real estate licensee, or as an owner-renter, 
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COMMITIEEAMENDMENT'A" to H.P. 1328, L.D. 1984 
owner-lessor, or owner-supplier of equipment used in erecting, altering, moving or 
repairing a house, building or appurtenances, including any public building erected or 
owned by any city, town, county, school district or other municipal corporation, or in 
constructing, altering or repairing a wha1f or pier, or any building thereon, including the 
surveying, clearing, grading, draining, excavating or landscaping of the ground adjacent to 
and upon which any such objects are constructed, or in selling any interest in land, 
improvements or structures, by virtue of a contract with or by consent of the owner, has a 
lien thereon and on the land on which it stands and on any interest ffi:¼eh the owner has in 
the same, to secure payment thereof, with costs. If the owner of the building has no legal 
0 
interest in the land on which the building is erected or to which it is moved, the lien attaches 
to the building, and if the owner of the wharf or pier has no legal interest in the land on 
which the wharf or pier is erected, the lien attaches to the wharf or pier, and in either case 
may be enforced as provided. If the owner of ffi:¼eh the land, building, wharf or pier, so 
contracting, is a minor or married 1.voman, ffi:¼eh the lien exists and ffi:¼eh that minority er 
coverture does not bar a recovery in any proceeding brought to enforce it.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment removes from Part A, sections 10, 37 to 48, 59 to 62, 69, 80 and 81. 
The amendment amends Part A, section 23 by adding clarifying language describing orders 
of attachment. It adds a section con-ecting outdated, gender-specific language and outdated 
terminology in the Maine Revised Statutes, Title 5, section 81. It coll'ects outdated, gender-
specific language in Title 8, sections 262 to 1037. It adds a section removing language 
describing married women in Title 10, section 3251. 
COMMITTEE AMENDMENT