Maine Statute | Act | Code |Title 08. Amusements And Sports| US Code - US Statute

Title 8 - §261-A. Commission

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§261-A. Commission

1. Establishment. The State Harness Racing Commission as established by Title 5, section 12004-G, subsection 32 and referred to in this chapter as the "commission," shall carry out the functions specified in this chapter. The commission is affiliated with the department as specified in this chapter. [1997, c. 528, §3 (amd).]

2. Members. The commission consists of 5 members appointed by the Governor. One member must be a member of the general public with no industry affiliation. One member must be affiliated with an agricultural society that conducts an annual agricultural fair. The other 3 members must be persons with a knowledge of harness racing. [1991, c. 579, §4 (new); §18 (aff).]

3. Geographic distribution. The members must be appointed to provide broad geographic representation. [1991, c. 579, §4 (new); §18 (aff).]

4. Term of office. Members of the commission serve 3-year terms. For appointments that expire in 2003, the Governor shall appoint one commissioner for a term of one year, 2 commissioners for a term of 2 years and 2 commissioners for a term of 3 years. Any vacancy is filled by appointment for the remainder of the unexpired term of that member. Members whose terms expire serve until their successors are qualified and appointed. [2001, c. 63, §1 (amd).]

5. Confirmation. Appointees must be reviewed by the joint standing committee of the Legislature having jurisdiction over agricultural matters and are subject to confirmation by the Legislature. [1991, c. 579, §4 (new); §18 (aff).]

6. Chair. The Governor shall appoint one of the 5 commission members as chair. The chair serves at the pleasure of the Governor. [2001, c. 63, §2 (amd).]

7. Removal. Except as provided in subsection 6, the Governor may remove any member of the commission for just cause. A member who is subject to removal must be given a copy of the charges against that member and must, upon request, be given an opportunity to be heard upon 10 days' notice. [1991, c. 824, Pt. A, §9 (amd).]

8. Conflict of interest. A commission member may not participate in any matter before the commission in which that member has a direct or indirect pecuniary interest or personal bias or if any other conflict of interest is determined by the commission to exist, either on its own motion or in response to a written complaint. [1991, c. 579, §4 (new); §18 (aff).]

Section History:
PL 1991,
Ch. 579,
§18 (AFF).
PL 1991,
Ch. 579,
§4 (NEW).
PL 1991,
Ch. 780,
§RR2 (AMD).
PL 1991,
Ch. 824,
§A9 (AMD).
PL 1997,
Ch. 527,
§1 (AMD).
PL 1997,
Ch. 528,
§3-5 (AMD).
PL 2001,
Ch. 63,
§1,2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §261. Commission (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§261. Commission (REPEALED)

Section History:
PL 1975,
Ch. 771,
§103 (AMD).
PL 1983,
Ch. 75,
§ (AMD).
PL 1983,
Ch. 812,
§55 (AMD).
PL 1983,
Ch. 834,
§1 (RPR).
PL 1987,
Ch. 402,
§A81 (RPR).
PL 1989,
Ch. 503,
§B48 (AMD).
PL 1991,
Ch. 579,
§18 (AFF).
PL 1991,
Ch. 579,
§3 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §262. Organization

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§262. Organization

Three of the members of the commission constitute a quorum to do business. The commission shall meet at least monthly and shall keep a record of all proceedings of the commission and preserve all books, maps, documents, papers and records entrusted to its care. [1991, c. 579, §5 (amd).]

Section History:
PL 1971,
Ch. 594,
§14 (AMD).
PL 1973,
Ch. 537,
§5-A (AMD).
PL 1979,
Ch. 731,
§19 (AMD).
PL 1983,
Ch. 834,
§2 (AMD).
PL 1991,
Ch. 579,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §263-A. Commission responsibilities

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§263-A. Commission responsibilities

The commission has the following responsibilities under this chapter. [1997, c. 528, §6 (new).]

1. Rulemaking. The commission shall adopt rules for:

A. The conduct of harness racing and off-track betting facilities; [1997, c. 528, §6 (new).]

B. The licensing of racetracks and off-track betting facilities; [1997, c. 528, §6 (new).]

C. The licensing of individuals participating in harness racing and off-track betting facilities; [1997, c. 528, §6 (new).]

D. The procedures for hearing appeals from decisions of track judges; [1997, c. 528, §6 (new).]

E. The procedures and standards for setting racing dates; and [1997, c. 528, §6 (new).]

F. Any other responsibility assigned to the commission under this chapter. [1997, c. 528, §6 (new).]

Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [1997, c. 528, §6 (new).]

2. Appeals. The commission shall hear appeals of decisions of track judges involving violations of this chapter and rules adopted under this chapter. [1997, c. 528, §6 (new).]

3. Licensing of tracks and off-track betting facilities. The commission shall license racetracks and off-track betting facilities as provided in sections 271 and 275-D. [1997, c. 528, §6 (new).]

4. Setting race dates. The commission shall set race dates as provided under section 271. [1997, c. 528, §6 (new).] 08 §263-A Executive director (REALLOCATED TO TITLE 8, SECTION 263-C)

Section History:
PL 1997,
Ch. 527,
§2 (NEW).
PL 1997,
Ch. 528,
§6 (NEW).
PL 1999,
Ch. 790,
§A8 (RAL).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §263-B. Department responsibilities

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§263-B. Department responsibilities

The department has the following responsibilities under this chapter. [1997, c. 528, §6 (new).]

1. Strategies. The department shall work with members of the harness racing industry to formulate common strategies for improving the status of harness racing in the State. [1997, c. 528, §6 (new).]

2. Leadership in policy making. The department, in conjunction with the commission, shall develop state policy with regard to the harness racing industry and shall address the needs of the industry to remain competitive. [2003, c. 401, §1 (amd).]

3. Review of statutes. The department, in conjunction with the commission, shall maintain an ongoing review of the statutes relating to harness racing and make recommendations to the Governor and the Legislature regarding the need for changes in statutes to improve the condition of the harness racing industry and the conduct and regulation of harness racing and off-track betting. [2003, c. 401, §1 (amd).]

Section History:
PL 1997,
Ch. 528,
§6 (NEW).
PL 2003,
Ch. 401,
§1 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §263-C. Executive director (REALLOCATED FROM TITLE 8, SECTION 263-A)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§263-C. Executive director (REALLOCATED FROM TITLE 8, SECTION 263-A)

The chief operating officer of the State Harness Racing Commission is the executive director. [1999, c. 790, Pt. A, §8 (ral).]

1. Position. The executive director is a classified position within the department. [2003, c. 401, §2 (amd).]

2. Appointment. The commissioner shall appoint an executive director with the approval of the commission. The executive director is the principal administrative, operational and executive employee of the commission. [2003, c. 401, §3 (rpr).]

3. Qualifications. The executive director must have knowledge of harness racing and a proven record of leadership. [1999, c. 790, Pt. A, §8 (ral).]

4. Duties. The executive director has the following duties:

A. Management of the work of the commission, including:

(1) Rulemaking;

(2) Processing appeals;

(3) Licensing of tracks and off-track betting facilities;

(4) Setting race dates; and

(5) Making reports to the Governor and Legislature and recommendations to the commissioner regarding harness racing and off-track betting operations and the need for changes in statutes and rules; and
[2003, c. 687, Pt. B, §2 (rpr); §11 (aff).]

B. Management of the work of the department regarding harness racing and off-track betting, including:

(1) Supervision of all staff involved in harness racing and off-track betting functions;

(2) Management of the collection and distribution of revenues under this chapter;

(3) Budget development and management;

(4) Policy development with regard to harness racing and off-track betting;

(5) Management of participant licensing;

(6) Enforcement of harness racing and off-track betting statutes and rules;

(7) Investigation of harness racing and off-track betting violations; and

(8) Facilitating the development of positive working relationships in the harness racing industry and State Government.
[2003, c. 687, Pt. B, §2 (rpr); §11 (aff).]

[2003, c. 687, Pt. B, §2 (amd); §11 (aff).]

Section History:
PL 1999,
Ch. 790,
§A8 (RAL).
IB 2003,
Ch. 1,
§2 (AMD).
PL 2003,
Ch. 401,
§2-4 (AMD).
PL 2003,
Ch. 687,
§B11 (AFF).
PL 2003,
Ch. 687,
§B2 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §263. Offices

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§263. Offices

The commission shall have an office in Augusta and, during the time in which racing is conducted in the State, may maintain branch offices elsewhere.
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §264. Employees

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§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. [1997, c. 735, §1 (rpr).] div>
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. 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 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. [2003, c. 401, §5 (amd).] div>
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. [1997, c. 735, §1 (new).]

Section History:
PL 1971,
Ch. 594,
§15 (RPR).
PL 1979,
Ch. 731,
§19 (AMD).
PL 1985,
Ch. 785,
§B50 (AMD).
PL 1991,
Ch. 579,
§6 (RPR).
PL 1997,
Ch. 528,
§7 (AMD).
PL 1997,
Ch. 735,
§1 (RPR).
PL 2001,
Ch. 567,
§1 (AMD).
PL 2003,
Ch. 401,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §265. Compensation

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§265. Compensation

Members of the commission are entitled to be compensated as provided in Title 5, chapter 379. [1997, c. 527, §3 (amd); c. 528, §8 (amd).] div>
Compensation of the members of the commission and all other necessary expenses of the commission must be paid out of amounts the Legislature may appropriate. [1997, c. 528, §8 (new).]

Section History:
PL 1979,
Ch. 672,
§A45 (RPR).
PL 1983,
Ch. 812,
§56 (RPR).
PL 1991,
Ch. 579,
§7 (AMD).
PL 1997,
Ch. 527,
§3 (AMD).
PL 1997,
Ch. 528,
§8 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §266. Disbursements

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§266. Disbursements

Compensation of the commissioners, their assistants and all other necessary expenses of the commission shall be paid out of such amounts as the Legislature may appropriate.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §267. Budget; report

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§267. Budget; report

1. Budget. The commission shall submit to the commissioner as provided in Title 5, section 1665, a budget sufficient to carry out the provisions of this chapter and the commissioner shall transmit these requirements 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 and to the Executive Director of the Legislative Council. [1991, c. 579, §8 (new).]

2. 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, 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. [1997, c. 528, §9 (amd).]

Section History:
PL 1991,
Ch. 579,
§8 (RPR).
PL 1997,
Ch. 528,
§9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §268. Rules

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§268. Rules

The commission shall adopt rules for holding, conducting and operating all harness horse races or meets for public exhibition held in this State 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. [1999, c. 394, §1 (amd).] div>
The commission may adopt rules for licensing and operating off-track betting facilities. The commission shall mail notice of 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. [1993, c. 388, §3 (amd).] div>
The commission may authorize licensees of extended meets to provide for the simulcasting of entire racing cards for horse racing during the first 8 weeks of each year. [1993, c. 95, §1 (amd).] div>
The commission may adopt rules allowing interstate simulcasting of horse racing at a licensee's race track during any regular meeting. [1993, c. 95, §1 (amd).] div>
The commission shall adopt rules specifying the manner in which an off-track betting facility or a racetrack conducting simulcasting may provide adequate coverage of broadcasts originating in the State. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [1997, c. 528, §10 (new).]

Section History:
PL 1969,
Ch. 526,
§1 (RPR).
PL 1973,
Ch. 309,
§ (RPR).
PL 1987,
Ch. 886,
§1 (AMD).
PL 1989,
Ch. 882,
§ (AMD).
PL 1991,
Ch. 542,
§1,2 (AMD).
PL 1991,
Ch. 542,
§3 (AFF).
PL 1991,
Ch. 579,
§9 (AMD).
PL 1993,
Ch. 95,
§1 (AMD).
PL 1993,
Ch. 388,
§3 (AMD).
PL 1997,
Ch. 528,
§10 (AMD).
PL 1999,
Ch. 394,
§1 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §269. Races

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§269. Races

No person, association or corporation shall hold, conduct or operate any harness horse race or meet for public exhibition, if pari-mutuel betting is permitted, within the State without a license from the commission.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §270. Licenses

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§270. Licenses

Any person, association or corporation licensed to conduct pari-mutuel betting desiring to hold a harness horse race or meet for public exhibition if pari-mutuel betting is permitted shall apply to the commission for a license to do so. The application must be signed and sworn to by the person or executive officer of the association or corporation and must contain the following information: [2003, c. 401, §6 (amd).]

1. Name and address. The full name and address of the person, association or corporation;

2. If an association. If an association, the names and residences of the members of the association;

3. If a corporation. If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors and stockholders;

4. Location to conduct races. The exact location where it is desired to conduct or hold races or race meets;

4-A. Requested dates. The dates and time of day or night on which it is desired to conduct or hold races or race meets; [1985, c. 444, §1 (new).]

5. If racing plant owned or leased. Whether or not the racing plant is owned or leased, and if leased, the name and residence of the fee owner, or if a corporation, of the directors and stockholders thereof;

6. Assets and liabilities. A statement of the assets and liabilities of the person, association or corporation making such application;

7. Other information. Such other information as the commission may require.

Section History:
PL 1985,
Ch. 444,
§1 (AMD).
PL 2001,
Ch. 567,
§2 (AMD).
PL 2003,
Ch. 401,
§6 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 8 - §271. Issuance of licenses for the conduct of racing

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§271. Issuance of licenses for the conduct of racing

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. The commission shall provide a booklet containing 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. [2003, c. 687, Pt. B, §3 (amd); §11 (aff).]

2. Criteria for date awards. 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 General Fund pursuant to section 275-H; the purse supplements pursuant to section 275-I; the Sire Stakes Fund pursuant to section 281; and the Stipend Fund pursuant to Title 7, section 62; [1993, c. 388, §4 (amd).]

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; [1995, c. 408, §2 (amd).]

C. The necessity of having and maintaining proper physical facilities for racing meetings; and consequently, to insure 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; [1985, c. 444, §2 (new).]

D. The desirability of reasonable consistency in the pattern of race date assignments from year to year; [1995, c. 408, §2 (amd).]

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, Food and Rural Resources pursuant to Title 7, sections 65 and 65-A; [1985, c. 444, §2 (new).]

F. The preservation of a diversity of harness racing tracks in the State; [1985, c. 444, §2 (new).]

G. The quality of the licensee's observance and enforcement of this chapter and the rules promulgated pursuant to this chapter during the past year; [1985, c. 444, §2 (new).]

H. The extent to which the licensee fully utilized race dates granted to it for the past year; [1995, c. 408, §2 (amd).]

I. The personnel and resources available to the commission for the enforcement of this chapter and the rules promulgated pursuant to this chapter; [1985, c. 444, §2 (new).]

J. The likely availability of race-worthy horses throughout the year; and [1985, c. 444, §2 (new).]

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. [1985, c. 444, §2 (new).]

[1995, c. 408, §2 (amd).]

3. Overlapping race dates. The commission may not award overlapping race dates for extended meets to licensees within 50 miles of each other without the approval of 60% or more of the entire commission. [1991, c. 579, §10 (amd).]

4. Evaluation. [1991, c. 579, §10 (rp).]

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 25 race dates with pari-mutuel wagering in the previous calendar year. [1995, c. 408, §3 (amd).]

6. Conditions. The commission may impose conditions on a license if one or more of the criteria established in this section are not met at the time the license is issued, but may be brought into compliance within a time period during the licensing year. [1997, c. 406, §1 (new).]

7. Hearing on horse supply. Prior to August 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. [RR 1997, c. 1, §5 (ral).]

8. Term of license and race date assignment. Notwithstanding any provision of this chapter to the contrary, each license to conduct live racing or to engage in simulcast wagering, including by operating an off-track betting facility as defined in section 275-A and all awards of race dates issued or made by the commission, beginning with licenses issued and race dates awarded for 1998, may be for a 2-year period. [2001, c. 320, §1 (amd).]

9. Previous year's dates. Beginning with licenses issued for calendar year 1996, notwithstanding any other provision of this chapter, every commercial track that is licensed for a specific calendar year must be assigned all of the race dates that it requests for that year if it conducted live racing on those dates during the immediately preceding calendar year. For the purposes of this section, a race date is the same from year to year if it is the closest calendar date that falls on the same day of the week. [RR 1997, c. 1, §7 (ral).]

Section History:
PL 1969,
Ch. 218,
§1 (AMD).
PL 1971,
Ch. 91,
§2 (AMD).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1973,
Ch. 303,
§3 (AMD).
PL 1977,
Ch. 694,
§151,152 (AMD).
PL 1981,
Ch. 705,
§Q1 (AMD).
PL 1983,
Ch. 196,
§1,2 (AMD).
PL 1985,
Ch. 444,
§2 (RPR).
PL 1989,
Ch. 203,
§2 (AMD).
PL 1991,
Ch. 579,
§10 (AMD).
PL 1993,
Ch. 388,
§4 (AMD).
PL 1995,
Ch. 408,
§1-3 (AMD).
PL 1997,
Ch. 406,
§1 (AMD).
PL 1997,
Ch. 416,
§1 (AMD).
PL 1997,
Ch. 474,
§1 (AMD).
PL 1997,
Ch. 474,
§6 (AFF).
PL 1997,
Ch. 528,
§11 (AMD).
PL 1997,
Ch. 528,
§12 (AMD).
RR 1997,
Ch. 1,
§5-7 (COR).
PL 1999,
Ch. 547,
§B25 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
PL 2001,
Ch. 320,
§1 (AMD).
PL 2001,
Ch. 567,
§3 (AMD).
IB 2003,
Ch. 1,
§3 (AMD).
PL 2003,
Ch. 687,
§B11 (AFF).
PL 2003,
Ch. 687,
§B3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §272-A. Trust account (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§272-A. Trust account (REPEALED)

Section History:
PL 1997,
Ch. 474,
§2 (NEW).
PL 1997,
Ch. 474,
§6 (AFF).
PL 1997,
Ch. 735,
§2-4 (AMD).
PL 1999,
Ch. 482,
§1 (AMD).
PL 2003,
Ch. 401,
§8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §272-B. Association funding

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§272-B. Association funding

The licensee, as described in section 271, may pay up to 1 12% of all amounts generated for the purpose of supplementing purses, as described in section 286, to an association of horsemen. [2003, c. 401, §9 (new).]

Section History:
PL 2003,
Ch. 401,
§9 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §272. Bonds

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§272. Bonds

Every person, association or corporation licensed under this chapter shall, before said license is issued, give bond or irrevocable letter of credit to the State in such reasonable sum, not exceeding $100,000, as may be fixed by the commission, with a surety or sureties to be approved by the commission, conditioned to faithfully make the payments prescribed by this chapter and to keep its books and records and make reports as provided, and to conduct its racing in conformity with this chapter and the rules and regulations prescribed by the commission. [2003, c. 401, §7 (amd).]

Section History:
PL 1969,
Ch. 526,
§2 (AMD).
PL 2003,
Ch. 401,
§7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §273. Penalties

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§273. Penalties

Any person, association or corporation holding or conducting, or any person or persons aiding or abetting in the holding or conducting of, any harness horse race or meet for public exhibition within the State without a license duly issued by said commission, or any person, association or corporation who violates any of the provisions of this chapter or who violates any of the rules and regulations prescribed by the commission shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §274-A. Off-track betting (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§274-A. Off-track betting (REPEALED)

Section History:
PL 1991,
Ch. 579,
§11 (NEW).
PL 1991,
Ch. 686,
§2 (AMD).
PL 1993,
Ch. 388,
§6 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §274. Pari-mutuel pools (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§274. Pari-mutuel pools (REPEALED)

Section History:
PL 1965,
Ch. 511,
§1 (AMD).
PL 1971,
Ch. 433,
§1 (AMD).
PL 1973,
Ch. 391,
§1 (AMD).
PL 1977,
Ch. 96,
§2-4 (AMD).
PL 1979,
Ch. 672,
§A46 (AMD).
PL 1981,
Ch. 705,
§Q2 (RPR).
PL 1985,
Ch. 444,
§3 (AMD).
PL 1987,
Ch. 759,
§2-4 (AMD).
PL 1989,
Ch. 787,
§A1,2 (AMD).
PL 1991,
Ch. 686,
§1 (AMD).
PL 1993,
Ch. 388,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-A. Definitions

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-A. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1997, c. 528, §13 (amd).]

1. Commercial track. "Commercial track" means a harness horse racing track licensed under this chapter to conduct harness horse racing with pari-mutuel wagering 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 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 days in each of the 2 preceding calendar years; or [2003, c. 401, §10 (amd).]

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 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 days in each of the 2 preceding calendar years. [2003, c. 401, §10 (amd).]

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. [2003, c. 401, §10 (amd).]

1-A. Commercial meet. "Commercial meet" means harness horse racing conducted live at a commercial track. [1995, c. 408, §4 (new).]

1-B. Commission; agency. "Commission," with regard to an agency, means the State Harness Racing Commission. [1997, c. 528, §14 (new).]

1-C. Commission; wagers. "Commission," with regard to wagers, means all amounts not paid or payable to persons winning wagers. [1997, c. 528, §14 (new).]

1-D. Commissioner. "Commissioner" means the Commissioner of Agriculture, Food and Rural Resources. [1997, c. 528, §14 (new).]

2. Commissions. [1997, c. 528, §15 (rp).]

3. Common pool or commingled pool. "Common pool" or "commingled pool" means a pool in which wagers placed at more than one location are merged for purposes of determining the payout on winning wagers. [1993, c. 388, §8 (new).]

3-A. Department. "Department" means the Department of Agriculture, Food and Rural Resources. [1997, c. 528, §16 (new).]

4. Exotic wagers. "Exotic wagers" means wagers in which the bettor selects 2 or more horses in one or more races in a single wager. [1993, c. 388, §8 (new).]

5. Extended meet. "Extended meet" means a series of harness horse races, except harness horse races conducted by an agricultural society at the time of its annual fair. [1993, c. 388, §8 (new).]

6. Licensee. "Licensee" means a person licensed under section 271 or section 275-D to conduct pari-mutuel wagering on horse racing in this State. [1993, c. 388, §8 (new).]

7. Municipal officers. "Municipal officers" has the same meaning as in Title 28-A, section 2, subsection 21 except that, when an off-track betting facility is proposed in an unincorporated location, the term "municipal officers" means the county commissioners of the county in which the facility is to be located and the term "municipality" means the unincorporated location. [1993, c. 388, §8 (new).]

8. Off-track betting facility. "Off-track betting facility" means a facility other than a racetrack at which a person is licensed to conduct pari-mutuel wagering on simulcast racing. [1993, c. 388, §8 (new).]

9. Off-track betting licensee. "Off-track betting licensee" means a person who has obtained a license to conduct pari-mutuel wagering at an off-track betting facility. [1993, c. 388, §8 (new).]

9-A. Race date. "Race date" means a scheduled 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. [1995, c. 408, §5 (new).]

10. Racing licensee. "Racing licensee" means a person who is authorized under section 271 to conduct harness horse racing in this State. [1993, c. 388, §8 (new).]

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. [1995, c. 408, §6 (new).]

11. Regular wagers. "Regular wagers" means wagers other than exotic wagers. [1993, c. 388, §8 (new).]

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1995,
Ch. 408,
§4-6 (AMD).
PL 1997,
Ch. 474,
§3 (AMD).
PL 1997,
Ch. 474,
§6 (AFF).
PL 1997,
Ch. 528,
§13-16 (AMD).
PL 1999,
Ch. 482,
§10 (AFF).
PL 1999,
Ch. 482,
§2 (AMD).
PL 2003,
Ch. 401,
§10 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-B. Sale of pari-mutuel pools

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-B. Sale of pari-mutuel pools

The following persons may sell pari-mutuel pools on horse racing in accordance with this chapter and rules adopted by the commission. [1993, c. 388, §8 (new).]

1. Racetracks. A person licensed pursuant to section 271 to conduct harness horse racing with pari-mutuel betting may sell pari-mutuel pools and common pari-mutuel pools for simulcast races. The seller must be within the enclosure of the racetrack where the licensed race or race meet is conducted. [2003, c. 401, §11 (amd).]

2. Off-track betting facility. A person licensed pursuant to section 275-D to operate an off-track betting facility may sell pari-mutuel pools at that licensed facility. [1993, c. 388, §8 (new).]

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 2003,
Ch. 401,
§11 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-C. Common pari-mutuel pools

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-C. Common pari-mutuel pools

1. Authority. A person authorized to sell pari-mutuel pools on horse racing may sell common pari-mutuel pools for simulcast races. The sale must be conducted within the enclosure of the licensee's racetrack or at the licensee's off-track betting facility. [1997, c. 390, §1 (new).]

2. Payments to agricultural fairs conducting live racing. A commercial track located within a 35-mile radius of an agricultural fair track may not present a simulcast on a day when the commercial track is not conducting live racing and the agricultural fair track is conducting live racing unless the commercial track pays the agricultural fair track 2% of the wagers made at the commercial track at the time live racing is being conducted at the agricultural fair track and 1% of the wagers on the other races conducted on a day when live racing is being conducted at the agricultural fair track. [1997, c. 390, §1 (new).]

3. Required to carry races originating in the State. If live racing being conducted in this State is available for simulcast, a licensee conducting simulcasting under this section shall provide broadcasts originating in the State on monitors in the facility, as required by rule of the commission. The rules adopted by the commission that are required pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [1997, c. 390, §1 (new).]

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1997,
Ch. 390,
§1 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-D. Off-track betting

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-D. Off-track betting

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 restaurant, as defined in Title 28-A, section 2, subsection 15, paragraph R, or a Class A restaurantlounge, as defined in Title 28-A, section 2, subsection 15, paragraph R-1. [2003, c. 493, §1 (amd); §14 (aff).]

2. Application for off-track betting. To obtain a license to conduct pari-mutuel wagering at an off-track betting facility, a person must submit to the commission the fee required in subsection 2-A and an application on a form prescribed by the commission that specifies at least the following:

A. The number of permanent and part-time jobs to be created at the proposed facility; [1993, c. 388, §8 (new).]

B. The population of the municipality and surrounding area where the proposed facility is to be located; [1993, c. 388, §8 (new).]

C. The exact location of the proposed facility and its proximity to any other approved off-track betting facility or licensed racetrack; [1993, c. 388, §8 (new).]

D. The type of seating to be provided, including areas in the proposed facility where patrons can handicap races; [1993, c. 388, §8 (new).]

E. The total seating capacity of the proposed facility; [1993, c. 388, §8 (new).]

F. The size and number of toilet facilities; [1993, c. 388, §8 (new).]

G. The availability of food and beverages, including the number of tables, chairs, kitchen facilities and concession stands; [1993, c. 388, §8 (new).]

H. The number of available parking spaces; [1993, c. 388, §8 (new).]

I. A description of the general design or style of the proposed facility, including lighting, decor and plans for the exterior of the facility; [1993, c. 388, §8 (new).]

J. The number of betting windows and stand-alone betting terminals to be provided; [1993, c. 388, §8 (new).]

K. A description of the heating and air-conditioning units, the smoke removal equipment and other climate control devices; [1993, c. 388, §8 (new).]

L. The total area in square feet of the proposed facility; [1993, c. 388, §8 (new).]

M. The number, type and quality of the television equipment to be installed and, if applicable, the name and place of business of any proposed independent contract operator; [1993, c. 388, §8 (new).]

N. The full name and address of the person, association or corporation applying for the license; if an association, the names and residences of the members of the association; and if a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors and stockholders; [1993, c. 388, §8 (new).]

O. The dates and times of day or night when it is desired to conduct wagering; [1993, c. 388, §8 (new).]

P. Whether the facility is owned or leased and, if leased, the name and residence of the fee owner or, if a corporation, the names and residences of the directors and stockholders of that corporation; [1993, c. 388, §8 (new).]

Q. A statement of the assets and liabilities of the person, association or corporation submitting the application; and [1993, c. 388, §8 (new).]

R. The name of the entity that will originate each simulcast likely to be offered for wagering at the facility and other information required by the commission regarding that entity. [1993, c. 388, §8 (new).]

[1997, c. 528, §18 (amd).]

2-A. Application fee. The fee for an initial application for an off-track betting facility is $1,000. The fee for a renewal is $250. [1997, c. 528, §19 (new).]

2-B. Renewal. An off-track betting facility license must be renewed annually. [1997, c. 528, §19 (new).]

3. Notice to commercial racetracks; objections. An applicant shall send written notice of its application for an off-track betting license to any commercial racetrack in whose market area the facility will be located and shall present proof to the commission that it has provided the notice. The notice must include all information contained in the application except information described in subsection 2, paragraph Q. A commercial racetrack shall notify the commission within 30 days of receiving notice if the racetrack objects to the location of the facility based on adverse impact to the commercial track. The commission shall suspend consideration of the application for the 30-day objection period. If the commission receives an objection from a racetrack in whose market area the facility would be located within the 30-day period, the commission shall reject the application. If the commission does not receive an objection within that period, the commission may proceed to consider the application. For purposes of this subsection, the market area is determined by measuring a distance of 50 miles from the center of the racetrack along the most commonly used roadway adjacent to the racetrack, as determined by the Department of Transportation, drawing a circle around the center of the racetrack using that 50-mile measurement. [2003, c. 401, §12 (amd).]

4. Notice to off-track betting facilities; objections. An applicant shall send written notice of its application for an off-track betting license to any existing off-track betting facility in whose market area the proposed facility will be located and shall present proof to the commission that it has provided the notice. The notice must include all information contained in the application except information described in subsection 2, paragraph Q. An existing off-track betting facility shall notify the commission within 30 days of receiving notice if the facility objects to the location of the proposed facility. The commission shall suspend consideration of the application for the 30-day objection period. If the commission receives an objection from an off-track betting facility in whose market area the facility would be located within the 30-day period, the commission shall reject the application. If the commission does not receive an objection within that period, the commission may proceed to consider the application. For purposes of this subsection, the market area is determined by measuring a distance of 35 miles from the off-track betting facility along the most commonly used roadway adjacent to the off-track betting facility, as determined by the Department of Transportation, drawing a circle around the center of the off-track betting facility using that 35-mile measurement. [2003, c. 401, §13 (amd).]

5. Municipal approval. The commission may not grant a license to conduct pari-mutuel wagering at an off-track betting facility unless the facility is approved in accordance with this subsection by the municipal officers of the municipality in which the facility is to be located.

A. Within 15 days after receiving an application for an off-track betting facility license or within 15 days after the expiration of the 30-day objection period described in subsections 3 and 4 when the proposed facility is located within the market area of an existing off-track betting facility or a commercial racetrack, the commission shall notify the municipal officers of the municipality in which the facility is to be located and shall send a copy of the application to those officers. The municipal officers shall hold a public hearing for the consideration of the application in accordance with this subsection. [1993, c. 388, §8 (new).]

B. The municipal officers shall provide public notice of a hearing held under this subsection by causing a notice stating the name and place of hearing, at the applicant's prepaid expense, to appear on at least 6 consecutive days before the date of hearing in a daily newspaper of general circulation in the municipality where the facility will be located or on 2 consecutive weeks before the date of the hearing in a weekly newspaper of general circulation in the municipality where the facility is to be located. [1993, c. 388, §8 (new).]

C. Following the public hearing, the municipal officers shall grant or deny approval of the facility, indicate the reasons for their decision and provide a copy to the applicant. [1993, c. 388, §8 (new).]

D. Approval of a facility may be denied on one or more of the following grounds:

(1) Objection on policy or other grounds to the conduct of pari-mutuel wagering within the municipality;

(2) Conviction by the applicant or a holder of more than 50% of the shares or other interests of the applicant of a Class A, Class B or Class C crime;

(3) Noncompliance of the facility or the facility's use with a local zoning ordinance or other land use ordinance;

(4) Conditions of record, such as waste disposal violations, health or safety violations and repeated parking or traffic violations, on or in the vicinity of the facility and caused by persons patronizing or employed by the facility or other conditions caused by persons patronizing or employed by the facility that unreasonably disturb, interfere with or affect the ability of persons or businesses residing or located in the vicinity of the facility to use their property in a reasonable manner;

(5) Repeated incidents of record of breaches of the peace, disorderly conduct, vandalism or other violations of law on or in the vicinity of the facility and caused by persons patronizing or employed by the facility; or

(6) A violation of any provision of this section.
[1993, c. 388, §8 (new).]

E. An applicant aggrieved by the decision of the municipal officers under this section may appeal to the Superior Court. Denial of approval on the grounds listed under paragraph D, subparagraph (1) is not reviewable by the court. [1993, c. 388, §8 (new).]

[1993, c. 388, §8 (new).]

6. Requirements for approval of license. The commission shall review the application and hold a public hearing on the application. The commission may issue a license to conduct pari-mutuel wagering at an off-track betting facility if:

A. The commission finds that the facility:
p align="center"> (1) Will not adversely affect the public interest; p align="center"> (2) Will not adversely affect the integrity of live racing; p align="center"> (3) Will not have an adverse impact on the local community; p align="center"> (4) Provides a potential for job creation, including jobs in the racing and wagering industries and other service jobs; p align="center"> (5) Has adequate seating facilities, toilet facilities and parking; p align="center"> (6) Will not adversely affect the value of abutting property; p align="center"> (7) Will be operated by an applicant with financial ability to maintain the facility in a manner that meets the standards set forth in this paragraph; p align="center"> (8) Provides segregated areas for conducting betting separate from the areas in which restaurant or other services are provided to the general public for nonbetting purposes; and p align="center"> (9) Will not adversely affect existing licensed off-track betting facilities within 35 miles of the proposed facility. [1993, c. 388, §8 (new).]p align="center">B. The municipal officers of the municipality in which the facility is to be located have approved the facility pursuant to subsection 5; [1993, c. 388, §8 (new).]p align="center">C. The commission is satisfied that the provisions of this chapter and any rules prescribed by the commission 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; and that the applicant is financially responsible; and [1993, c. 388, §8 (new).]p align="center">D. No commercial racetrack or off-track betting facility in whose market area the facility would be located has filed a written objection to the facility within the time period prescribed in subsections 3 and 4. [1993, c. 388, §8 (new).] [1993, c. 388, §8 (new).]

7. Operation of facility. An off-track betting licensee may not permit a person under the age of 16 to enter the facility unless accompanied by a parent, legal guardian or custodian, as defined in Title 22, section 4002. The off-track betting licensee may not permit a person under the age of 18 within 15 feet of a betting window or other place for accepting wagers. [1993, c. 388, §8 (new).]

8. Requirements for simulcasting. The following requirements apply to simulcasting by off-track betting facilities.

A. An off-track betting facility located within a 75-mile radius of a noncommercial racing licensee may not present a simulcast at the same time that racing licensee is conducting live racing, unless the racing licensee consents and the facility pays the racing licensee 2% of the wagers made at the facility at the time live racing is being conducted. An off-track betting facility within a 50-mile radius of a noncommercial racing licensee may not present a simulcast during any day on which that racing licensee is conducting live racing, unless the racing licensee consents and the facility pays the racing licensee 1% of the wagers made on that day. Amounts payable under this section are taken from the facility's share of wagers authorized in section 286. If the racing licensee is conducting simulcasting pursuant to section 295, subsection 2, then the racing licensee is not entitled to payment by the facility under this section. [1997, c. 528, §21 (amd).]

B. If live racing being conducted in this State is available for simulcast, all off-track betting facilities shall provide broadcasts originated in the State on the monitors in the facility, as required by rule of the commission, and shall accept wagers on those races on all of its pari-mutuel selling terminals. The races must be broadcast as announced on the track. At any time harness racing originated in the State is available for simulcast, the facility may not broadcast harness racing from outside the State without approval of:

(1) Each racetrack in the State conducting harness racing at that time; and

(2) Either the association representing the horsemen at those tracks at that time or the commission.
[1997, c. 528, §22 (amd).]

[1997, c. 528, §§21, 22 (amd).]

9. Annual report. The department shall report annually by January 1st to the joint standing committee of the Legislature having jurisdiction over legal affairs matters and to the joint standing committee of the Legislature having jurisdiction over agricultural matters on the effect of off-track betting facilities on the local economy, the public interest, the integrity of live racing and other matters the department finds appropriate. The department may include in its report any recommendations for necessary changes in laws governing off-track betting. [1997, c. 528, §23 (amd).]

10. License nontransferable. An off-track betting facility license issued is not transferable or assignable. [1997, c. 528, §24 (new).]

11. Revocation. 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 of any corporation is automatically revoked, subject to Title 5, chapter 375, upon the change in ownership, legal or equitable, of 50% or more of the voting stock of the corporation, and the corporation may not conduct off-track betting without a new license. [1999, c. 547, Pt. B, §26 (amd); §80 (aff).]

12. Approval of dates. An applicant for an initial off-track betting facility license or renewal of an off-track betting facility license shall identify the dates on which pari-mutuel wagering will be conducted. When approving an initial license or the renewal of a license for an off-track betting facility, the commission shall identify the dates on which pari-mutuel wagering is permitted at the off-track betting facility. [1997, c. 528, §24 (new).]

13. Conditions. The commission is authorized to impose conditions on a license if one or more of the criteria established in this section are not met at the time the license is issued and the licensee is able to comply with the conditions within a specified time period during the licensing year or if the conditions are requested both by the municipality as a condition of its approval and by the applicant. [1997, c. 735, §5 (amd).]

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
RR 1993,
Ch. 2,
§6 (COR).
PL 1995,
Ch. 408,
§7 (AMD).
PL 1997,
Ch. 528,
§17-24 (AMD).
PL 1997,
Ch. 735,
§5 (AMD).
PL 1999,
Ch. 421,
§1 (AMD).
PL 1999,
Ch. 547,
§B26 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
PL 2003,
Ch. 401,
§12,13 (AMD).
PL 2003,
Ch. 493,
§1 (AMD).
PL 2003,
Ch. 493,
§14 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-E. Limit on total commission

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-E. Limit on total commission

1. Commissions. Except as provided in subsection 2, the total commission on pools of regular wagers is 18% of each dollar wagered and the total commission on pools of exotic wagers is 26% of each dollar wagered, plus the odd cents of all redistribution to be based on each dollar wagered, whether regular wagers or exotic wagers, exceeding a sum equal to the next lowest multiple of 10, known as "breakage," which must be retained by the licensee. Notwithstanding anything in this chapter to the contrary, the minimum payoff on a winning show wager must be 5% above the amount wagered. [2001, c. 300, §1 (amd).]

2. Commissions on interstate common pools. The total commission on interstate common pari-mutuel pools may not exceed the amount established by the laws of the state in which the wager is being pooled. In the event of a minus pool, the licensee shall pay the amount established by the laws of the state in which the race is held. [1993, c. 388, §8 (new).]

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 2001,
Ch. 300,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-F. Amounts payable to the Stipend Fund (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-F. Amounts payable to the Stipend Fund (REPEALED)

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1995,
Ch. 408,
§8-10 (AMD).
PL 1997,
Ch. 528,
§25 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-G. Amounts payable to Sire Stakes Fund (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-G. Amounts payable to Sire Stakes Fund (REPEALED)

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1997,
Ch. 528,
§26 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-H. Amounts payable to General Fund (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-H. Amounts payable to General Fund (REPEALED)

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1995,
Ch. 408,
§11 (AMD).
PL 1997,
Ch. 528,
§27 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-I. Amounts payable to supplement purses (CONFLICT)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-I. Amounts payable to supplement purses (CONFLICT)
p align="center">(CONFLICT: Entire text repealed by PL 1997, c. 528, §28) p align="center">E. (CONFLICT: Subsection 2, paragraph E, text as enacted by PL 1997, c. 474, §4) For wagers placed at a racetrack in the State on a simulcast race conducted at another racetrack in the State 1.512% of regular wagers and 4.305% of exotic wagers, which must be sent to the track in the state where the harness race was conducted and .986% of regular wagers and .990% of exotic wagers, which must be sent to the commission for distribution in accordance with subsection 3. [1997, c. 474, §4 (new); §6 (aff).]

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1993,
Ch. 646,
§1 (AMD).
RR 1993,
Ch. 2,
§7 (COR).
PL 1995,
Ch. 408,
§12 (AMD).
PL 1997,
Ch. 474,
§4 (AMD).
PL 1997,
Ch. 474,
§6 (AFF).
PL 1997,
Ch. 528,
§28 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-J. Amounts payable to or retained by racetracks (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-J. Amounts payable to or retained by racetracks (REPEALED)

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1993,
Ch. 646,
§2 (AMD).
PL 1995,
Ch. 408,
§13 (AMD).
PL 1997,
Ch. 528,
§29 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-K. Amounts retained by off-track betting facility (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-K. Amounts retained by off-track betting facility (REPEALED)

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1993,
Ch. 707,
§U1 (AMD).
PL 1997,
Ch. 528,
§30 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-L. Amounts deposited in Harness Racing Promotional Fund (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-L. Amounts deposited in Harness Racing Promotional Fund (REPEALED)

Section History:
PL 1993,
Ch. 388,
§8 (NEW).
PL 1997,
Ch. 528,
§31 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-M. Amounts payable to the State Harness Racing Commission (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-M. Amounts payable to the State Harness Racing Commission (REPEALED)

Section History:
PL 1993,
Ch. 707,
§U2 (NEW).
PL 1997,
Ch. 528,
§32 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-N. Limitations on off-track betting facilities

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-N. Limitations on off-track betting facilities

The commission may not allow interstate simulcasting or license any off-track betting facility 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 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. [2003, c. 401, §14 (amd).]

Section History:
PL 1993,
Ch. 707,
§U2 (NEW).
PL 1995,
Ch. 408,
§14 (RPR).
PL 1997,
Ch. 528,
§33 (AMD).
PL 1999,
Ch. 568,
§1 (AMD).
PL 2001,
Ch. 320,
§2 (AMD).
PL 2001,
Ch. 567,
§4 (AMD).
PL 2003,
Ch. 401,
§14 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275-O. Reduced payments

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275-O. Reduced payments

1. Eligible licensees. This section grants reduced payments to licensees of off-track betting facilities that were licensed and open for business before April 1, 2000 and that have a market area, as described in section 275-D, subsection 4, with a population of less than 50,000. [1999, c. 421, §2 (amd).]

2. Reduced payments formula. For an off-track betting licensee that meets the conditions described in subsection 1, the reduction in payments due are calculated as follows.

A. For the first $40,000 of all wagers into commingled pools on interstate simulcast races in any calendar week, the amounts payable by the licensee are 20% of the amounts prescribed by the sections listed in subsection 3. [1995, c. 403, §1 (new).]

B. For all wagers totaling over $40,000 and $80,000 or under into commingled pools on interstate simulcast races in any calendar week, the amounts payable by the licensee are 60% of the amounts prescribed by the sections listed in subsection 3. [1995, c. 403, §1 (new).]

C. For all wagers totaling over $80,000 into commingled pools on interstate simulcast races in any calendar week, the amounts payable by the licensee are 100% of the amounts prescribed by the sections listed in subsection 3. [1995, c. 403, §1 (new).]

[1995, c. 403, §1 (new).]

3. Reduced payments. Notwithstanding any other provisions of law, the amounts payable to the Treasurer of State or to the State Harness Racing Commission are reduced, as prescribed in subsection 2, for the following:

A. Section 286, subsection 5, paragraph A, subparagraph (3) and paragraph B, subparagraph (3); [1997, c. 528, §34 (amd).]

B. Section 286, subsection 5, paragraph A, subparagraph (2) and paragraph B, subparagraph (2); [1997, c. 528, §34 (amd).]

C. Section 286, subsection 4, paragraph A, subparagraph (4) and paragraph B, subparagraph (4); [1997, c. 528, §35 (amd).]

D. Section 286, subsection 5, paragraph A, subparagraph (5) and paragraph B, subparagraph (5); and [1997, c. 528, §35 (amd).]

E. Section 286, subsection 4, paragraph A, subparagraph (7) and paragraph B, subparagraph (7). [1997, c. 528, §36 (amd).]

[1997, c. 528, §§34-36 (amd).]

4. Retention of commission. Any amount not required to be paid to the Treasurer of State or the State Harness Racing Commission as a result of this section is added to the amount retained by the off-track betting parlor under section 286, subsection 4, paragraph A, subparagraph (6) and paragraph B, subparagraph (6). [1997, c. 528, §37 (amd).]

5. Repeal. [1995, c. 677, §3 (rp).]

Section History:
PL 1995,
Ch. 403,
§1 (NEW).
PL 1995,
Ch. 677,
§1-3 (AMD).
PL 1997,
Ch. 528,
§34-37 (AMD).
PL 1997,
Ch. 542,
§1 (AMD).
PL 1999,
Ch. 421,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §275. Taxes (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§275. Taxes (REPEALED)

Section History:
PL 1973,
Ch. 391,
§2 (AMD).
PL 1977,
Ch. 96,
§5,6 (AMD).
PL 1977,
Ch. 564,
§40,41 (AMD).
PL 1979,
Ch. 672,
§A47 (AMD).
PL 1981,
Ch. 705,
§Q3 (AMD).
PL 1985,
Ch. 444,
§4 (AMD).
PL 1987,
Ch. 759,
§5,6 (AMD).
PL 1987,
Ch. 886,
§2 (AMD).
PL 1989,
Ch. 787,
§A3 (AMD).
PL 1991,
Ch. 579,
§12 (AMD).
PL 1993,
Ch. 388,
§7 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §276-A. Unclaimed ticket money

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§276-A. Unclaimed ticket money

Upon the expiration of one year after the close of any harness horse race or race meet which has sold pari-mutuel tickets, any unclaimed pari-mutuel tickets outstanding shall no longer be valid and no claim for redemption shall be entertained by the commission or the racing association which conducted the race or race meet. [1979, c. 541, Pt. A, § 79 (amd).]

Section History:
PL 1969,
Ch. 526,
§3 (NEW).
PL 1979,
Ch. 541,
§A79 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §276. Payments

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§276. Payments

The payment under section 287 must be made not later than 7 days after each race and must be accompanied by a report under oath showing the total of all contributions to pari-mutuel pools covered by the report and other information the department may require. [1997, c. 528, §38 (amd).]

Section History:
PL 1993,
Ch. 388,
§9 (AMD).
PL 1997,
Ch. 528,
§38 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §277. Records

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§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, which books and records shall be subject to audit at any time by the State Department of Audit.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §278. Minors

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§278. Minors

No minor whether attending a race or employed in any manner on or about a race track shall be permitted to participate in any pari-mutuel pool or be admitted to any pari-mutuel enclosure.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §279-A. Licenses, rules and regulations for participating in racing

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§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. [1999, c. 482, §3 (amd).] div>
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 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 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. [1997, c. 528, §40 (amd).] div>
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 horses. [1991, c. 579, §13 (amd).] div>
Notwithstanding section 280, the department may adopt a controlled medication program that permits controlled medication to be administered to racehorses. [1997, c. 528, §40 (amd).] div>
The District Court Judge may revoke or suspend any license for violations of this chapter or the rules. [1991, c. 579, §13 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

Section History:
PL 1967,
Ch. 212,
§ (NEW).
PL 1973,
Ch. 303,
§3 (AMD).
PL 1975,
Ch. 35,
§ (RPR).
PL 1991,
Ch. 579,
§13 (AMD).
PL 1991,
Ch. 677,
§1 (AMD).
PL 1997,
Ch. 528,
§40 (AMD).
PL 1999,
Ch. 482,
§3 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §279-B. Fines, suspensions and revocations

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§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 not to exceed $1,000 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. [1991, c. 579, §14 (amd).] div>
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. [1991, c. 579, §14 (amd).] div>
Any person aggrieved by any fine or suspension imposed by the commission may seek judicial review pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. [1989, c. 203, §3 (amd).]

1. Delegation of authority to executive director. [T. 8, §279-B, sub-§1 (rp).]

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 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 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. [1991, c. 579, §15 (new).]

Section History:
PL 1973,
Ch. 215,
§ (NEW).
PL 1973,
Ch. 303,
§3 (AMD).
PL 1975,
Ch. 52,
§ (RPR).
PL 1975,
Ch. 623,
§5-C (AMD).
PL 1977,
Ch. 694,
§153 (RPR).
PL 1989,
Ch. 203,
§3 (AMD).
PL 1989,
Ch. 878,
§A22 (AMD).
PL 1991,
Ch. 579,
§14,15 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §279-C. Officials, judges and starters; powers and duties

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§279-C. Officials, judges and starters; powers and duties

At all harness race meetings licensed by the commission in accordance with this chapter, qualified judges and starters, approved and licensed by the commission and employed by the licensee under section 271, shall enforce the rules and regulations of the commission as provided by sections 279-A and 279-B. [1975, c. 364 (new).] div>
Such officials shall render daily written reports of the activities and conduct of such race meeting and their decisions to the commission. [1975, c. 364 (new).] div>
Any person affected by the decision of such officials may request a hearing before the commission. [1975, c. 364 (new).]

Section History:
PL 1975,
Ch. 364,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §279-D. Insurance

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§279-D. Insurance

Beginning January 1, 2004, applicants for an owner's license must provide proof of liability insurance on horses owned by the applicant in an amount not less than $300,000. Copies of that liability insurance coverage must accompany the application for an owner's license. [2003, c. 401, §15 (new).]

Section History:
PL 2003,
Ch. 401,
§15 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §279. Supervision; investigations

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§279. Supervision; investigations

The commission may regulate the making of pari-mutuel pools and the distribution from pari-mutuel pools. The department may supervise and check the making of pari-mutuel pools and the distribution from pari-mutuel pools. The department may investigate as to the direct and indirect ownership and control of any licensee, and any expense incurred by the department in so doing is at the expense of such licensee or of the applicant for a license. The commission may regulate all medication administered to horses entered to race. The department may supervise the administration of medication to horses entered to a race. Supervision includes taking such specimens of body fluids as are considered proper and necessary by an employee of the department who must be a veterinarian licensed to practice veterinary medicine within the State. [1997, c. 528, §39 (amd).] div>
The department may investigate any suspected violation of this chapter or the rules adopted pursuant to this chapter. In connection with any such investigation, the department may conduct hearings, subpoena and examine under oath all persons, associations and corporations whose activities are subject to the jurisdiction of the department or from whom the department may need information in order to carry out the purposes of this chapter, and their officers, agents and representatives, together with their records, books and accounts. The executive director may sign subpoenas and administer oaths to witnesses. [1997, c. 528, §39 (amd).]

Section History:
PL 1969,
Ch. 526,
§4 (AMD).
PL 1985,
Ch. 444,
§5 (AMD).
PL 1997,
Ch. 528,
§39 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §280. Use of drugs or appliance; veterinarian

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§280. Use of drugs or appliance; veterinarian

Except as provided in section 279-A, a person who attempts to or does 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, or who causes or instigates, counsels or in any way aids or abets that interference, tampering, injury or destruction or any person who influences or has any understanding, arrangement or connivance with any person associated with or interested in any stable, horse, track or race in which any horse participates to prearrange the results of such a race must be punished by a fine of not more than $5,000 or by imprisonment for not more than 3 years, or by both. The owner of any horse that is found to have been stimulated or doped must be denied any part of the purse offered for such a race, and the purse must be distributed as in case of a disqualification and all horses of that owner must be barred from racing in this State for the balance of the racing season. [1991, c. 677, §2 (amd).] div>
The department is authorized to employ a State Veterinarian. The duties of the veterinarian include the medical and physical examination and testing of horses to ensure compliance with the statutes and advising the department of any violation of the statutes. [1997, c. 528, §41 (amd).]

Section History:
PL 1969,
Ch. 462,
§ (AMD).
PL 1971,
Ch. 594,
§16 (AMD).
PL 1979,
Ch. 731,
§19 (AMD).
PL 1991,
Ch. 677,
§2 (AMD).
PL 1997,
Ch. 528,
§41 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §281-A. Standardbred horses eligible for registration

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§281-A. Standardbred horses eligible for registration

Notwithstanding section 281, a foal resulting from insemination may be registered as a Maine Standardbred if it is the offspring of a stallion registered with the department to stand at stud in the State for the breeding season during which the insemination took place and all other registration requirements are met. [2005, c. 382, Pt. D, §4 (amd).]

Section History:
PL 2003,
Ch. 31,
§1 (NEW).
PL 2005,
Ch. 382,
§D4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §281. Standard-bred horses

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§281. Standard-bred horses

The department shall encourage and promote the breeding of a strain of Maine Standardbreds and make provision to encourage donations of the same by licensees or others to persons or institutions within the State for breeding purposes. [1997, c. 528, §42 (amd).] div>
The commission, by rule, may define a strain of Maine Standardbred, bred or owned in the State of Maine and registered with the department in its registry book. The commission is also authorized to establish necessary fees for horses and races in the establishment of a Maine Standardbred program, the funds from which must be administered by the department by deposit in a trust account entitled Sire Stakes Fund. All disbursements from the fund must be for the purposes of supplementing purses, costs of administration and any other appropriate expenses incurred by the department. A report must be submitted annually by the executive director to the commissioner setting forth an itemization of all deposits to and expenditures from the fund. [1999, c. 482, §4 (amd).]

Section History:
PL 1973,
Ch. 788,
§31-A (AMD).
PL 1979,
Ch. 731,
§19 (AMD).
PL 1997,
Ch. 528,
§42 (AMD).
PL 1999,
Ch. 482,
§4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §282. Enforcement

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§282. Enforcement

It is the duty of the Attorney General with the aid of the district attorneys of the several counties to enforce this chapter upon notification from the department of any violations of this chapter. [1997, c. 528, §43 (amd).]

Section History:
PL 1973,
Ch. 567,
§20 (AMD).
PL 1997,
Ch. 528,
§43 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §283. Reciprocal disciplinary action

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§283. Reciprocal disciplinary action

The department shall act to obtain current listings from other racing jurisdictions of persons in harness racing occupations regulated by the racing jurisdiction 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 these persons until notification that they are again eligible for licensing in the racing jurisdiction or racing jurisdictions in question. [2003, c. 401, §16 (amd).]

Section History:
PL 1991,
Ch. 579,
§16 (NEW).
PL 1997,
Ch. 528,
§44 (AMD).
PL 1999,
Ch. 482,
§5 (AMD).
PL 2003,
Ch. 401,
§16 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §284. Harness Racing Promotional Board (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§284. Harness Racing Promotional Board (REPEALED)

Section History:
PL 1993,
Ch. 388,
§10 (NEW).
PL 1997,
Ch. 528,
§45 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §285-A. Bargaining agent (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§285-A. Bargaining agent (REPEALED)

Section History:
MRSA ,

§T.8, SEC. 285A7 (RP ).
PL 1997,
Ch. 735,
§6 (RAL).
PL 1999,
Ch. 482,
§6-8 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §285-B. Dispute resolution; exclusive bargaining agent and racetrack (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§285-B. Dispute resolution; exclusive bargaining agent and racetrack (REPEALED)

Section History:
MRSA ,

§T.8, SEC. 285B5 (RP ).
PL 1999,
Ch. 482,
§9 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §285. Harness Racing Promotional Board

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§285. Harness Racing Promotional Board

1. Board created. The Harness Racing Promotional Board, referred to in this section as the "board," is created to promote the industry of harness racing in the State. [1997, c. 528, §46 (new); §47 (aff).]

2. Board as public instrumentality. The board is a public body corporate and public instrumentality of the State. The exercise of powers conferred by this section is held to be the performance of essential government functions.

A. Employees of the board may not be construed to be state employees for any purpose, including the state civil service provisions of Title 5, Part 2 and Title 5, chapter 372, the state retirement provisions of Title 5, Part 20 or the state employee health insurance program under Title 5, chapter 13, subchapter II. [1997, c. 528, §46 (new); §47 (aff).]

B. The board may not be construed to be a state agency for any purposes, including the budget, accounts and control, auditing, purchasing or other provisions of Title 5, Part 4. [1997, c. 528, §46 (new); §47 (aff).]

C. Notwithstanding paragraphs A and B:

(1) All meetings and records of the board are subject to the provisions of Title 1, chapter 13, subchapter 1;

(2) For the purposes of the Maine Tort Claims Act, the board is a governmental entity and its employees are employees as those terms are defined in Title 14, section 8102. The board and its employees are considered a state agency for purposes of Title 5, section 191;

(3) Funds received by the board pursuant to this chapter must be allocated to the board by the Legislature in accordance with Title 5, section 1673; and

(4) Except for representation of specific interests required by subsection 3, members of the board are governed by the conflict of interest provisions set forth in Title 5, section 18.
[2003, c. 401, §17 (amd).]

[2003, c. 401, §17 (amd).]

3. Membership. The board consists of 9 members and 2 alternates appointed by the commissioner. Full, voting board members must be appointed by the commissioner as follows:

A. Two persons representing commercial tracks: one representing and recommended by each of the 2 commercial harness racing tracks in the State; [1997, c. 735, §7 (rpr).]

B. One person recommended by an association in the State representing harness horsemen; [1997, c. 735, §7 (rpr).]

C. Two persons recommended by an association in the State representing Standardbred breeders and owners; [1997, c. 735, §7 (rpr).]

D. One person nominated by the Maine Association of Agricultural Fairs; [1997, c. 735, §7 (rpr).]

E. One person who represents the interests of off-track betting facilities; and [1997, c. 735, §7 (rpr).]

F. Two persons who are members of the general public with an interest in harness racing. [1997, c. 735, §7 (rpr).]

Alternates must be members of the general public with an interest in harness racing. An alternate may cast a vote as a member of the board upon the absence of a full, voting member. [2001, c. 63, §3 (amd).]

3-A. Terms. Members serve 3-year terms. For appointments that expire in 2001, the commissioner shall appoint 3 members for a term of one year, 3 members for a term of 2 years and 3 members for a term of 3 years. Any vacancy is filled by appointment for the remainder of the unexpired term of that member. Members whose terms expire serve until their successors are qualified and appointed. [2001, c. 63, §4 (new).]

4. Chair. Board members shall annually elect a chair from among the members by a majority vote. [1997, c. 528, §46 (new); §47 (aff).]

5. Bylaws. The board shall adopt bylaws to govern its operations. Bylaws are not rules for purposes of Title 5, chapter 375. [1997, c. 528, §46 (new); §47 (aff).]

6. Duties. The board shall undertake efforts to promote and improve the economic condition of the harness racing industry in Maine including:

A. Assisting racetracks by developing opportunities for sponsorship of races by commercial sponsors; [1997, c. 528, §46 (new); §47 (aff).]

B. Increasing the opportunities for Maine tracks to market their races through simulcasting inside and outside of the State; [1997, c. 528, §46 (new); §47 (aff).]

C. Developing and pursuing strategies for effectively publicizing the harness racing industry in this State; [1997, c. 528, §46 (new); §47 (aff).]

D. Exploring the feasibility of high technology access to wagering on Maine races; [1997, c. 528, §46 (new); §47 (aff).]

E. Exploring the possibility of creating cooperative purchasing entities and other mechanisms aimed at decreasing the cost of raising horses or operating racetracks; [1997, c. 528, §46 (new); §47 (aff).]

F. Conducting research to determine the most effective methods of increasing the income or reducing the costs of participants in the harness racing industry; and [1997, c. 528, §46 (new); §47 (aff).]

G. Any other activity determined by the board to have a reasonable opportunity to improve the economic condition of the harness racing industry in the State. [1997, c. 528, §46 (new); §47 (aff).]

[1997, c. 528, §46 (new); §47 (aff).]

7. Executive director; staff. The board may appoint an executive director who is the board's chief administrative officer and serves at the pleasure of the board. The executive director may employ, as the board directs, additional staff who serve at the pleasure of the executive director. The salary of the executive director and other staff of the board must be determined by the board. The board may delegate to its staff the power to execute the board's policies and programs, subject to the board's oversight. [1997, c. 528, §46 (new); §47 (aff).]

8. Compensation. The members of the board are entitled to compensation from funds received pursuant to this chapter according to guidelines the board may establish. [1997, c. 528, §46 (new); §47 (aff).]

9. Debt. A debt or obligation incurred by the board is not a debt or obligation of the State. [1997, c. 528, §46 (new); §47 (aff).]

10. Fund created. The Harness Racing Promotional Fund is established to carry out the purposes of this section. The fund consists of all amounts dedicated to it in section 291 and all other funds donated to or otherwise obtained by the board for use of the board. Money in the fund is subject to allocation by the Legislature. Unexpended balances in the fund at the end of the fiscal year may not lapse, but must be carried forward to be used for the same purposes. [1997, c. 528, §46 (new); §47 (aff).]

11. Funding. The board may receive and expend funds from any source, public or private, that it determines necessary to carry out its purposes. [1997, c. 528, §46 (new); §47 (aff).]

12. Report to Legislature. The board shall provide a report to the joint standing committee of the Legislature having jurisdiction over matters of harness racing on or before the 15th of February each year. The report must contain:

A. A discussion of any areas of policy or administration that, in the opinion of the board, should be brought to the attention of the committee; [1997, c. 735, §8 (new).]

B. A review of the operations of the board, including a summary of income and expenses of the Harness Racing Promotional Fund and improvement to the economic condition of the harness racing industry in the State; and [1997, c. 735, §8 (new).]

C. A discussion of the progress toward meeting the goals of subsection 6. [1997, c. 735, §8 (new).]

[1997, c. 735, §8 (rpr).]

13. Dissolution. Upon dissolution of the board by the Legislature, all assets of the board, including property, equipment and unexpended cash balances derived from section 291, must be distributed by the Legislature and used for the purposes of promoting harness racing in the State. Prior to distributing the assets of the board, the Legislature must review recommendations form the joint standing committee of the Legislature having jurisdiction over legal affairs regarding the distribution of assets. [1997, c. 528, §46 (new); §47 (aff).]

Section History:
PL 1997,
Ch. 474,
§5 (NEW).
PL 1997,
Ch. 474,
§6 (AFF).
PL 1997,
Ch. 528,
§46 (NEW).
PL 1997,
Ch. 528,
§47 (AFF).
PL 1997,
Ch. 735,
§6 (RAL).
PL 1997,
Ch. 735,
§7,8 (AMD).
PL 2001,
Ch. 63,
§3,4 (AMD).
PL 2003,
Ch. 401,
§17 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §286. Calculation of distribution of commission

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§286. Calculation of distribution of commission

1. Live racing. The distribution of the commission on live racing is calculated as percentages of the handle and distributed as follows.

A. On exotic wagers:

(1) The state share is 2.248%;

(2) The Sire Stakes Fund share is 1.551%;

(3) The Stipend Fund share is 1.169%;

(4) The purse supplement share is 0.99%;

(5) The Harness Racing Promotional Fund share is 0.25%;

(6) The horsemen's purse share is 3.315%; and

(7) The track share is 16.477%.
[1997, c. 528, §46 (new).]

B. On regular wagers:

(1) The state share is 0.493%;

(2) The Sire Stakes Fund share is 0.072%;

(3) The Stipend Fund share is 1.186%;

(4) The purse supplement share is 0.986%;

(5) The Harness Racing Promotional Fund share is 0.25%;

(6) The horsemen's purse share is 0.526%; and

(7) The track share is 14.487%.
[1997, c. 528, §46 (new).]

[1997, c. 528, §46 (new).]

2. Off-track betting facility intrastate simulcasting. The distribution of the commission on simulcasting of races originating at a racetrack in the State by an off-track betting facility is calculated as percentages of the handle and distributed as follows.

A. On exotic wagers:

(1) The state share is 2.248% for an off-track betting facility located in the same municipality as a commercial track and 2.578% for all other facilities;

(2) The Sire Stakes Fund share is 1.551%;

(3) The Stipend Fund share is 1.169%;

(4) The Harness Racing Promotional Fund share is 0.25%;

(5) The horsemen's purse share is 7.871%;

(6) The track share is 7.922%; and

(7) The off-track betting facility share is 4.659%.
[1997, c. 528, §46 (new).]

B. On regular wagers:

(1) The state share is 0.493% for an off-track betting facility located in the same municipality as a commercial track and 0.823% for all other facilities;

(2) The Sire Stakes Fund share is 0.072%;

(3) The Stipend Fund share is 1.186%;

(4) The Harness Racing Promotional Fund share is 0.25%;

(5) The horsemen's purse share is 5.062%;

(6) The track share is 7.899%; and

(7) The off-track betting facility share is 2.718%.
[1997, c. 528, §46 (new).]

[1997, c. 528, §46 (new).]

3. Track intrastate simulcasting. The distribution of the commission on simulcasting of races originating at a racetrack in the State by another racetrack in the State is calculated as percentages of the handle and distributed as follows.

A. On exotic wagers:

(1) The state share is 2.248%;

(2) The Sire Stakes Fund share is 1.551%;

(3) The Stipend Fund share is 1.169%;

(4) The purse supplement share is 0.99%;

(5) The Harness Racing Promotional Fund share is 0.25%;

(6) The horsemen's purse share is 4.305%; and

(7) The track share is 15.487%.
[1997, c. 528, §46 (new).]

B. On regular wagers:

(1) The state share is 0.493%;

(2) The Sire Stakes Fund share is 0.072%;

(3) The Stipend Fund share is 1.186%;

(4) The purse supplement share is 0.986%;

(5) The Harness Racing Promotional Fund share is 0.25%;

(6) The horsemen's purse share is 1.512%; and

(7) The track share is 13.501%.
[1997, c. 528, §46 (new).]

[1997, c. 528, §46 (new).]

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 percentages of the commission and 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%; and

(7) The off-track betting facility simulcast fund share is 12.951%.
[1997, c. 528, §46 (new).]

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%; and

(7) The off-track betting facility simulcast fund share is 18.627%.
[1997, c. 528, §46 (new).]

[1997, c. 528, §46 (new).]

5. Track 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 a racetrack in the State is calculated as percentages of the commission and distributed as follows.

A. On exotic wagers:

(1) The state share is 8.647%;

(2) The Sire Stakes Fund share is 5.965%;

(3) The Stipend Fund share is 4.494%;

(4) The purse supplement share is 3.809%;

(5) The Harness Racing Promotional Fund share is 0.962%;

(6) The horsemen's purse share is 16.558%; and

(7) The track share is 59.565%.
[1997, c. 528, §46 (new).]

B. On regular wagers:

(1) The state share is 2.739%;

(2) The Sire Stakes Fund share is 0.400%;

(3) The Stipend Fund share is 6.590%;

(4) The purse supplement share is 5.479%;

(5) The Harness Racing Promotional Fund share is 1.389%;

(6) The horsemen's purse share is 8.399%; and

(7) The track share is 75.004%.
[1997, c. 528, §46 (new).]

[1997, c. 528, §46 (new).]

6. Off-track betting facility interstate simulcasting with noncommingled pools. The distribution of the commission on simulcasting of races with noncommingled pools originating at a racetrack in another state by an off-track betting facility is calculated as percentages of the handle and distributed as follows.

A. On exotic wagers:

(1) The state share is 2.248%;

(2) The Sire Stakes Fund share is 1.551%;

(3) The Stipend Fund share is 1.169%;

(4) The purse supplement share is 4.305%;

(5) The Harness Racing Promotional Fund share is 0.250%;

(6) The off-track betting facility share is 13.110%; and

(7) The off-track betting facility simulcast fund share is 3.367%.
[1997, c. 528, §46 (new).]

B. On regular wagers:

(1) The state share is 0.493%;

(2) The Sire Stakes Fund share is 0.072%;

(3) The Stipend Fund share is 1.186%;

(4) The purse supplement share is 1.512%;

(5) The Harness Racing Promotional Fund share is 0.250%;

(6) The off-track betting facility share is 11.134%; and

(7) The off-track betting facility simulcast fund share is 3.353%.
[1997, c. 528, §46 (new).]

[1997, c. 528, §46 (new).]

7. Track interstate simulcasting with noncommingled pools. The distribution of the commission on simulcasting of races with noncommingled pools originating at a racetrack in another state by a racetrack in the State is calculated as percentages of the handle and distributed as follows.

A. On exotic wagers:

(1) The state share is 2.248%;

(2) The Sire Stakes Fund share is 1.551%;

(3) The Stipend Fund share is 1.169%;

(4) The purse supplement share is 0.990%;

(5) The Harness Racing Promotional Fund share is 0.250%;

(6) The horsemen's purse share is 4.305%; and

(7) The track share is 15.487%.
[1997, c. 528, §46 (new).]

B. On regular wagers:

(1) The state share is 0.493%;

(2) The Sire Stakes Fund share is 0.072%;

(3) The Stipend Fund share is 1.186%;

(4) The purse supplement share is 0.986%;

(5) The Harness Racing Promotional Fund share is 0.250%;

(6) The horsemen's purse share is 1.512%; and

(7) The track share is 13.501%.
[1997, c. 528, §46 (new).]

[1997, c. 528, §46 (new).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §287. Payment of state share

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§287. Payment of state share

1. Payment. Amounts calculated as state share under section 286 must be paid to the Treasurer of State for deposit in the General Fund. If the total of regular and exotic wagers placed at facilities licensed under this chapter exceeds $35,000,000 for any calendar year, the portion payable to the General Fund must be distributed in accordance with this section. All wagers placed at off-track betting facilities and racetracks must be included in making this calculation, including wagers made in this State to commingled pools. [1997, c. 528, §46 (new).]

2. Commercial meet account. The Treasurer of State shall deposit in a commercial meet account 72% of the revenue credited to the General Fund under this section that is attributable to amounts in excess of $35,000,000. This account must be divided in the proportion that the contributions of regular and exotic wagers of pari-mutuel pools on live racing made or conducted at the commercial meets of each licensee during the calendar year bear to the total contributions of regular and exotic wagers to pari-mutuel pools on live racing made or conducted at the commercial meets of all licensees during that calendar year. Licensees sharing in this distribution shall use 12 of the funds received for the purpose of supplementing purse money. The other 12 of this distribution must be paid to the commercial licensees as reimbursement for improvements made to their racing facilities in the calendar year during which the funds are generated or, beginning January 1, 2000, during the prior year. To receive reimbursement, commercial licensees must submit plans for the improvements to the commission and receive approval from the commission prior to making the improvements, and the commission must verify that the approved improvements have been made. [1999, c. 622, §1 (amd).]

3. Payment to Stipend Fund. Nine percent of the revenue credited to the General Fund under this section that is attributable to amounts in excess of $35,000,000 must be distributed to the Stipend Fund as provided in Title 7, section 62. [1997, c. 528, §46 (new).]

4. Sire Stakes Fund. Nine percent of the revenue credited to the General Fund under this section that is attributable to amounts in excess of $35,000,000 must be paid to the commission to be credited to the Sire Stakes Fund as provided in section 281. [1997, c. 528, §46 (new).]

5. Definition. For the purposes of this section, "improvements" means the amount paid out for new buildings or for permanent improvements made to improve the facilities utilized by the licensee for conducting its racing meetings; or the amount expended in restoring property or in improving the facility or any part of the facility that results in the addition, replacement or substantial enhancement or restoration of a fixed asset or of a movable asset that is important to efficient operation of the racing meetings. In general, the amounts referred to as improvements include amounts paid that add to the value, improve or substantially prolong the useful life of the racetrack and moveable assets utilized by the licensee for conducting its racing meetings. Amounts paid or incurred for routine repairs and maintenance of property, interest expense or lease payments in connection with the capital improvements are not improvements within the meaning of this section. In order to qualify as an improvement, a substantial enhancement or restoration of an asset must cost at least $2,000 and must be an expenditure that would qualify for depreciation under the United States Internal Revenue Code. A moveable asset may be considered important to the efficient operation of a race meeting if the asset will remain at the commercial track or at the offices of the licensee throughout its use and if that asset is directly associated with running races, accommodating patrons of the race meet, conducting pari-mutuel wagering or paying purses. [1999, c. 622, §1 (amd).]

6. Timing of payment. Payment under this section must be made no later than 7 days after each race and must be accompanied by a report under oath showing the total of all contributions to pari-mutuel pools covered by the report and other information the commission requires. [1997, c. 528, §46 (new).]

7. Interim payments to commercial tracks. If during the course of any calendar year the commission finds that wagers placed at facilities licensed under this chapter for the year are likely to exceed $35,000,000, it may, if reasonably necessary for improvements to be effected expeditiously, direct the Treasurer of State to make interim payments to a commercial track in amounts as the commission finds the commercial track is likely to be entitled to receive under this section. If a commercial track receives interim payments under this subsection that exceed the total amount the commercial track is entitled to receive for the calendar year, the Treasurer of State shall reimburse the General Fund for this excess by retaining money otherwise due to that commercial track pursuant to section 295. [1999, c. 622, §2 (new).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
PL 1999,
Ch. 622,
§1,2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §288. Payment to Sire Stakes Fund share

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§288. Payment to Sire Stakes Fund share

Amounts calculated as Sires Stakes Fund share under section 286 must be paid to the Treasurer of State for deposit in the Sire Stakes Fund for use as provided in section 281. [1997, c. 528, §46 (new).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §289. Payment to Stipend Fund share

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§289. Payment to Stipend Fund share

1. Initial distribution to Stipend Fund. The Treasurer of State shall credit .189% of the commission on regular wagers made to interstate commingled pools, .402% of the commission on exotic wagers made to interstate commingled pools, 0.72% of the regular wagers made to all other pools and 0.49% of the exotic wagers made to all other pools to the Stipend Fund as provided in Title 7, section 62 and shall distribute the balance as provided in subsection 2. [1997, c. 528, §46 (new).]

2. Extended meet account. The Treasurer of State shall distribute the balance of the amount calculated as Stipend Fund share as follows.

A. The first $400,000 of the total amount, regardless of when actually collected, must be credited to the Stipend Fund as provided in Title 7, section 62. [1997, c. 528, §46 (new).]

B. From the balance of the total amount in excess of $400,000, regardless of when actually collected, 80% must be paid and returned no later than 30 days after the end of the calendar year to those persons, associations and corporations that during that calendar year conducted an extended meet pursuant to a license granted by the commission in section 271. This payment must be divided in the proportion that the contributions of regular and exotic wagers to pari-mutuel pools on live racing made or conducted at the extended meets of each racing licensee during that calendar year bear to the total contributions of regular and exotic wagers to pari-mutuel pools on live racing made or conducted at the extended meets of all racing licensees during that calendar year.
Licensees sharing in this distribution shall use 12 of the funds so received for the purpose of supplementing the purse money. [1997, c. 528, §46 (new).]

C. The remaining 20% of the total amount in excess of $400,000 must be credited to the Stipend Fund as provided in Title 7, section 62. [1997, c. 528, §46 (new).]

[1997, c. 528, §46 (new).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §290. Purse supplement

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§290. Purse supplement

1. Payment. Amounts calculated as purse supplement share under section 286 must be paid to the commission for distribution as provided in subsection 2. [1997, c. 528, §46 (new).]

2. Distribution. On May 30th, September 30th and January 30th, payments made under this subsection and subsection 1 for distribution in accordance with this subsection must be divided among the licensees conducting live racing in the State. The amount of the payment made to a licensee is calculated by dividing the number of race dates on which that licensee conducted live racing in any calendar year by the total number of race dates on which all licensees conducted live racing in that year. Beginning January 30, 1997, the January 30th payment must be adjusted to reflect the dates when live racing was actually conducted during the previous year, not the dates granted. [1997, c. 528, §46 (new).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §291. Harness Racing Promotional Fund share

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§291. Harness Racing Promotional Fund share

Amounts calculated as Harness Racing Promotional Fund share under section 286 must be paid to the Treasurer of State for deposit in the Harness Racing Promotional Fund for use as provided in section 285. [1997, c. 528, §46 (new).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §292. Horsemen's purse share

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§292. Horsemen's purse share

Amounts calculated as horsemen's 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. [2001, c. 300, §2 (amd).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
PL 2001,
Ch. 300,
§2,3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §293. Track share

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§293. Track share

Amounts calculated as track share under section 286 must be retained by the track where the wager was placed. [1997, c. 528, §46 (new).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §294. Off-track betting facility share

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§294. Off-track betting facility share

1. Payment. Amounts calculated as off-track betting facility share under section 286 must be retained by the off-track betting facility where the wager was placed. [1997, c. 528, §46 (new).]

2. No restrictions. This chapter does not prohibit an off-track betting facility from entering into a contract or otherwise arranging to share with any other person or entity a portion of the wagers to which it is entitled under this section. [1997, c. 528, §46 (new).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §295. Off-track betting facility simulcast fund share

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§295. Off-track betting facility simulcast fund share

1. Payment. Amounts calculated as off-track betting facility simulcast fund share under section 286 must be paid to the commission for distribution as provided in subsection 2, [1997, c. 528, §46 (new).]

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 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 65. 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. 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. [2001, c. 567, §5 (amd).]

Section History:
PL 1997,
Ch. 528,
§46 (NEW).
PL 2001,
Ch. 567,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §296. Fund to supplement harness racing purses (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§296. Fund to supplement harness racing purses (REPEALED)

Section History:
IB 2003,
Ch. 1,
§4 (NEW).
PL 2003,
Ch. 687,
§B11 (AFF).
PL 2003,
Ch. 687,
§B4 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §297. Working capital advance (REPEALED)

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§297. Working capital advance (REPEALED)

Section History:
IB 2003,
Ch. 1,
§4 (NEW).
PL 2003,
Ch. 687,
§B11 (AFF).
PL 2003,
Ch. 687,
§B4 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §298. Fund to supplement harness racing purses

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§298. Fund to supplement harness racing purses

1. Fund created. A fund is established to supplement harness racing purses to which the commission shall credit all payments received pursuant to section 1036, subsection 2, paragraph B for distribution in accordance with this section. [2003, c. 687, Pt. A, §3 (new); Pt. B, §11 (aff).]

2. Distribution. On May 30th, September 30th and January 30th of each year, 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, as defined in section 275-A, subsection 1, and to each agricultural fair association that during the preceding trimester has conducted live racing with pari-mutuel wagering on dates assigned by the commissioner pursuant to Title 7, section 65, with each commercial track and each agricultural fair association receiving an amount of money determined by multiplying the amount of money available for distribution times a fraction, the numerator of which is the total number of live race dashes conducted by the commercial track or agricultural fair association during the preceding time period and the denominator of which is the total number of race dashes conducted by all commercial tracks and agricultural fair associations during that time period. The payment in January must be adjusted so that for the prior 3 time periods each commercial track or agricultural fair association entitled to a distribution 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 by a fraction, the numerator of which is the number of live race dashes conducted by the commercial track or agricultural fair association during the calendar year that qualify for a distribution and the denominator of which is the total number of race dashes conducted during that calendar year by all such fairs on dates assigned by the commissioner pursuant to Title 7, section 65 and by all commercial tracks during that calendar year. The funds distributed pursuant to this section must be used to supplement harness racing purses. [2003, c. 687, Pt. A, §3 (new); Pt. B, §11 (aff).]

3. Rules. The commission may adopt rules to enforce the obligation of licensees to use funds distributed under this section to supplement harness racing purses and to require licensees to account for funds. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [2003, c. 687, Pt. A, §3 (new); Pt. B, §11 (aff).]

Section History:
PL 2003,
Ch. 687,
§A3 (NEW).
PL 2003,
Ch. 687,
§B11 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §299. Fund to Encourage Racing at Maine's Commercial Tracks

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§299. Fund to Encourage Racing at Maine's Commercial Tracks

1. Fund created. The Fund to Encourage Racing at Maine's Commercial Tracks is established to provide revenues to Maine's commercial tracks. [2003, c. 687, Pt. A, §4 (new); Pt. B, §11 (aff).]

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 the commercial track during the preceding time period and the denominator of which is the total number of race days conducted by 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 by the commercial track during the calendar year and the denominator of which is the total number of race days conducted by all commercial tracks licensed under section 271 during that calendar year. [2003, c. 687, Pt. A, §4 (new); Pt. B, §11 (aff).]

Section History:
PL 2003,
Ch. 687,
§A4 (NEW).
PL 2003,
Ch. 687,
§B11 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §300-A. Illegal wagering

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§300-A. Illegal wagering

1. Illegal wagering on harness races. A person is liable for the damages specified in this section if that person accepts a wager concerning harness racing from a person located within this State unless the person accepting the wager is licensed to do so under this chapter. [2005, c. 304, §1 (new).]

2. Right of action. A commercial licensee under section 271 may bring an action in Superior Court against a person who has accepted an illegal wager described in subsection 1. The court shall award damages to the prevailing plaintiff and the commission, as provided in subsection 4, in an amount equal to 25% of the monetary amount of illegal wagers accepted, including illegal wagers accepted as described in subsection 1, plus reasonable attorney's fees and costs. [2005, c. 304, §1 (new).]

3. Punitive damages. If a person accepting an illegal wager described in subsection 1 has been advised in writing of the provisions of this section either by the Attorney General or by a commercial track licensed under this chapter before accepting any such wager, then the person accepting the illegal wager, in addition to all other damages authorized under this section, is liable in an amount of up to 4 times the damages awarded under subsection 2 that the court determines are appropriate given the willfulness of the violation, any mitigating circumstances, any efforts by the person who accepted the wager to comply with Maine law, the need to deter acceptance of illegal wagers and all other relevant circumstances. [2005, c. 304, §1 (new).]

4. Distribution of damages. Damages awarded under this section must be distributed as follows.

A. Reasonable costs of bringing the action, including reasonable attorney's fees and costs, must be paid to the plaintiff. [2005, c. 304, §1 (new).]

B. All other damages awarded must be paid to the commission. The commission shall distribute the damages it receives as follows:

(1) One fourth must be deposited to the extended meet account established under section 289, subsection 2;

(2) One fourth must be deposited to the fund to supplement harness racing purses established under section 298;

(3) One fourth must be deposited to the Fund to Encourage Racing at Maine's Commercial Tracks, established under section 299; and

(4) One fourth must be deposited to the Fund to Stabilize Off-track Betting Facilities, established under section 300.
[2005, c. 304, §1 (new).]

[2005, c. 304, §1 (new).]

Section History:
PL 2005,
Ch. 304,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §300. Fund to Stabilize Off-track Betting Facilities

Title 8: AMUSEMENTS AND SPORTS
Chapter 11: HARNESS RACING
§300. Fund to Stabilize Off-track Betting Facilities

1. Fund created. The Fund to Stabilize Off-track Betting Facilities is established to provide revenues to those off-track betting facilities licensed and in operation as of December 31, 2003. [2003, c. 687, Pt. A, §4 (new); Pt. B, §11 (aff).]

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 of Maine's off-track betting facilities licensed and in operation as of December 31, 2003. Distributions must be made in equal amounts to each off-track betting facility in operation as of the date of the distribution. [2003, c. 687, Pt. A, §4 (new); Pt. B, §11 (aff).]

Section History:
PL 2003,
Ch. 687,
§A4 (NEW).
PL 2003,
Ch. 687,
§B11 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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