APPROVED CHAPTER
JULY 26, 2023 440
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 289 - L.D. 731
An Act Regarding the Licensing of Persons to Conduct Advance Deposit
Wagering
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Gambling Control Board will need to initiate lengthy rulemaking in
order to develop rules to implement advance deposit wagering for any entity that meets the
established criteria and to transition away from the current contract with a single licensed
entity; and
Whereas, the Gambling Control Unit must meet with and seek input from
stakeholders regarding questions related to the expansion of advance deposit wagering and
report to the Legislature no later than December 15, 2023; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 8 MRSA §1001, sub-§1-A, as enacted by PL 2015, c. 499, §1, is repealed
and the following enacted in its place:
1-A. Advance deposit wagering. "Advance deposit wagering" means a form of pari-
mutuel wagering on horse races in which a person places a wager in person or by telephone,
Internet, mobile device or other electronic communication. Before the wager occurs, the
person placing the wager deposits money in a wagering account administered by an
advance deposit wagering licensee. The advance deposit wagering licensee places the
wager from the account at the direction of and on behalf of the account holder. The advance
deposit wagering licensee deposits money into the wagering account from winnings
awarded to the account holder.
Sec. 2. 8 MRSA §1001, sub-§1-B, as enacted by PL 2015, c. 499, §1, is amended
to read:
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 1-B. Advance deposit wagering licensee. "Advance deposit wagering licensee"
means a person that is chosen by competitive bid and licensed by the board pursuant to
subchapter 7 to conduct advance deposit wagering.
Sec. 3. 8 MRSA §1001, sub-§1-C is enacted to read:
1-C. Account wagering provider. "Account wagering provider" means a business
entity that offers advance deposit wagering on a horse race that is not a commercial track
or an off-track betting facility licensed under section 275-D.
Sec. 4. 8 MRSA §1001, sub-§20-A is enacted to read:
20-A. Gross advance deposit wagers. "Gross advance deposit wagers" means the
total amount of wagers placed by residents of this State by means of advance deposit
wagering before payment of money to winning residents of this State.
Sec. 5. 8 MRSA §1001, sub-§29-C, as enacted by PL 2015, c. 499, §2, is repealed.
Sec. 6. 8 MRSA §1015, as amended by PL 2013, c. 212, §§13 and 14, is further
amended to read:
§1015. Licensing of employees of slot machine and casino operators, slot machine and
table game distributors and, gambling services vendors and advance deposit
wagering licensees
1. License required. A person may not be employed by a slot machine operator,
casino operator, slot machine distributor, table game distributor or, gambling services
vendor or advance deposit wagering licensee unless the person is licensed to do so by the
board, temporarily authorized as an employee pursuant to subsection 4 or granted a waiver
by the board pursuant to subsection 3.
2. Requirements for license. The board may issue an employee license to an
employee of a slot machine operator, casino operator, slot machine distributor, table game
distributor or, gambling services vendor or advance deposit wagering licensee if the
applicant meets the qualifications set out in sections 1016 and 1019.
3. Requirements for waiver. Upon application by a slot machine operator, casino
operator, slot machine distributor, table game distributor or, gambling services vendor or
advance deposit wagering licensee, the board may waive the employee license requirement
under this section if the slot machine operator, casino operator, slot machine distributor,
table game distributor or, gambling services vendor or advance deposit wagering licensee
demonstrates to the board's satisfaction that the public interest is not served by the
requirement of the employee license.
4. Employees authorized temporarily. A new employee of a slot machine operator,
casino operator, slot machine distributor, table game distributor or, gambling services
vendor or advance deposit wagering licensee is temporarily authorized to work in a position
requiring an employee license pursuant to subsection 1 as of the date a completed employee
license application is received by the board. A completed employee license application is
composed of:
A. The completed form for application for an employee license approved by the board;
B. Two complete sets of the fingerprints of the applicant;
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 C. The fee for processing the employee license application as prescribed by the board;
and
D. The results of the background investigation conducted by the employer.
If the department determines after receiving an employee license application under this
subsection that the application is incomplete, it may suspend the new employee's temporary
authorization until such time as the new employee files a completed application.
Temporary authorization is not available for renewal of employee licenses.
5. Termination of temporary authorization. Unless suspended or revoked, a
temporary authorization under subsection 4 continues until the granting or denial of the
new employee's employee license application in accordance with sections 1016, 1017 and
1019 and any applicable rules adopted by the board. An applicant whose temporary
authorization is suspended or revoked is not eligible for employment in a position requiring
an employee license pursuant to subsection 1 until such time as the suspension or
revocation is withdrawn or an employee license is issued.
Sec. 7. 8 MRSA §1016, sub-§1, as amended by PL 2013, c. 212, §§15 to 18, is
further amended to read:
1. Minimum qualifications. Notwithstanding Title 5, chapter 341, and in addition to
any requirements imposed by rules adopted by the board, a person must satisfy the
following qualifications to be a slot machine operator, a casino operator, a slot machine
distributor, a table game distributor, a gambling services vendor, an advance deposit
wagering licensee or an employee of these entities:
A. The person has completed the application form, promptly and truthfully complied
with all information requests of the board and complied with any applicable rules
adopted by the board;
B. The person has sufficient financial assets and responsibility to meet any financial
obligations imposed by this chapter and, if applying for a slot machine operator license,
casino operator license, slot machine operator license renewal or casino operator
license renewal, has sufficient financial assets and responsibility to continue operation
of a commercial track or casino;
B-1. If applying for an advance deposit wagering license or renewal of an advance
deposit wagering license under section 1073, subsection 1, paragraph A or B, the
person has sufficient financial assets and responsibility to continue operation of a
commercial track or off-track betting facility as defined in section 275-A, subsection
8;
C. The person has not knowingly or recklessly made a false statement of material fact
in applying for a license under this chapter or any gambling-related license in any other
jurisdiction;
D. In the case of a person applying to be a slot machine operator or , casino operator,
or advance deposit wagering licensee, the person has sufficient knowledge and
experience in the business of operating slot machines or, casinos or advance deposit
wagering to effectively operate the slot machine facilities or, casino or advance deposit
wagering to which the license application relates in accordance with this chapter and
the rules and standards adopted under this chapter; and
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 F. If the applicant is a business organization, the applicant is organized in this State,
although that business organization may be a wholly or partially owned subsidiary of
an entity that is organized pursuant to the laws of another state or a foreign country,
unless the applicant is applying for an advance deposit wagering license and the
applicant is an account wagering provider.
Except as provided by section 1013, subsection 3 and section 1013‑A, subsection 3, a
person may not hold more than one class of license under this chapter unless the 2nd license
is an employee license under section 1015 or an advance deposit wagering license under
section 1073.
Sec. 8. 8 MRSA §1018, sub-§2, as amended by PL 2021, c. 697, §2, is further
amended to read:
2. Term of license; renewal, renewal fees. Except as provided in section 1071 1073,
subsection 6 for licenses to conduct advance deposit wagering or as otherwise provided in
this subsection, licenses issued by the board under this chapter are effective for one year,
unless revoked or surrendered pursuant to subchapter 5. Employee licenses issued by the
board under this chapter may be renewed for a one-year term or a 3-year term. Upon proper
application and payment of the required fees and taxes and in accordance with rules adopted
by the board, the board may renew a license for an additional year if municipal approval
has been obtained as provided in section 1012 or 1012‑A. The board shall transfer $25,000
of the renewal fee required by subsection 1, paragraph C to the municipality in which the
slot machines are operated.
Sec. 9. 8 MRSA §1071, as enacted by PL 2015, c. 499, §8, is repealed.
Sec. 10. 8 MRSA §1072, as enacted by PL 2015, c. 499, §8, is amended to read:
§1072. Distribution of net commission advance deposit wagering revenue
The net commission established in the contract executed pursuant to section 1071,
subsection 3 revenue from wagers placed by means of advance deposit wagering must be
distributed according to this section.
1. Distribution of net commission revenue from wagers placed on races conducted
in State. An advance deposit wagering licensee shall collect the net commission 5% of
gross advance deposit wagers from wagers placed with the licensee on races conducted at
tracks in the State and distribute it to the board for distribution as follows.
A. Ten percent of the net commission amount collected under this subsection must be
deposited directly to the General Fund.
B. Twenty percent of the net commission amount collected under this subsection must
be distributed to all off-track betting facilities licensed under section 275‑D so that each
off-track betting facility receives the same amount.
C. One percent of the net commission amount collected under this subsection must be
distributed to the Sire Stakes Fund established under section 281.
D. Ten percent of the net commission amount collected under this subsection must be
distributed to the Agricultural Fair Support Fund established under Title 7, section 91
except that, notwithstanding Title 7, section 91, subsection 2, paragraph A, no portion
of the distribution required by this paragraph may be distributed to a commercial track.
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 E. Twenty-four percent of the net commission amount collected under this subsection
must be distributed to the fund established under section 298 to supplement harness
racing purses.
F. Twenty percent of the net commission amount collected under this subsection must
be distributed to the track where the race upon which the wager was placed was
conducted.
G. Fifteen percent of the net commission amount collected under this subsection must
be distributed to all commercial tracks, with each commercial track receiving a portion
determined by multiplying that 15% times a fraction, the numerator of which is the
minimum number of days of racing the commercial track is required by law to conduct
annually in order to retain its commercial track license and the denominator of which
is the sum of the number of days of racing all the commercial tracks are required to
conduct in order to retain their commercial track licenses.
2. Distribution of net commission revenue from wagers placed on races conducted
outside State. An advance deposit wagering licensee shall collect the net commission 5%
of gross advance deposit wagers from wagers placed with the licensee on races conducted
at tracks outside the State and distribute it to the board for distribution as follows.
A. Ten percent of the net commission amount collected under this subsection must be
deposited directly to the General Fund.
B. Thirty-six percent of the net commission amount collected under this subsection
must be distributed to all off-track betting facilities licensed under section 275‑D so
that each off-track betting facility receives the same amount.
C. One percent of the net commission amount collected under this subsection must be
distributed to the Sire Stakes Fund established under section 281.
D. Ten percent of the net commission amount collected under this subsection must be
distributed to the Agricultural Fair Support Fund established under Title 7, section 91
except that, notwithstanding Title 7, section 91, subsection 2, paragraph A, no portion
of the distribution required by this paragraph may be distributed to a commercial track.
E. Seven percent of the net commission amount collected under this subsection must
be distributed to the fund established under section 298 to supplement harness racing
purses.
F. Thirty-six percent of the net commission amount collected under this subsection
must be distributed to all commercial tracks, with each commercial track receiving a
portion determined by multiplying that 36% times a fraction, the numerator of which
is the minimum number of days of racing the commercial track is required by law to
conduct annually in order to retain its commercial track license and the denominator of
which is the sum of the number of days of racing all the commercial tracks are required
to conduct in order to retain their commercial track licenses.
Sec. 11. 8 MRSA §1073 is enacted to read:
§1073. Advance deposit wagering license
The board shall exercise authority over the licensing of all persons conducting advance
deposit wagering. A person may not conduct advance deposit wagering without a license
issued under this section.
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 1. Eligibility. In order to receive an advance deposit wagering license from the board,
an applicant must meet the requirements of this section and the rules adopted by the board
under section 1003, subsection 2, paragraph U and must be:
A. A commercial track;
B. An off-track betting facility licensed under section 275-D; or
C. An account wagering provider.
2. Authority to conduct advance deposit wagering. An advance deposit wagering
license issued under this section allows a licensee to conduct advance deposit wagering in
this State.
3. Contract. An advance deposit wagering licensee may conduct advance deposit
wagering directly or through a contract with another advance deposit wagering licensee
issued a license under this section.
4. Conditions of licensure. An advance deposit wagering licensee shall:
A. Purchase a bond to secure the advance deposit wagering accounts;
B. Ensure that a person who establishes an account to place a wager on horse racing
by means of advance deposit wagering has attained 18 years of age and is a resident of
this State; and
C. Accept wagers on all live races being conducted in this State that are available for
simulcast.
5. Application fee. The nonrefundable application fee for an advance deposit
wagering license is $1,000. In addition, the board may require an applicant to pay a one-
time investigation fee in an amount limited to the cost to the board of processing the
application and performing background investigations.
6. License fee; renewal fee; term. The fee for an advance deposit wagering license
is $500. The fee for the annual renewal of an advance deposit wagering license is $250.
Sec. 12. Transition from contract to licensing. Notwithstanding any other
provision of law to the contrary, a person who was a party to a contract with the Department
of Public Safety, Gambling Control Board as of January 1, 2023 authorizing that person to
conduct advance deposit wagering in this State may continue to conduct advance deposit
wagering pursuant to the provisions of that contract until the expiration of that contract or
until that person receives a license under the Maine Revised Statutes, Title 8, section 1073,
whichever first occurs. A person who was party to that contract may apply for a renewal
of an advance deposit wagering license under Title 8, section 1073 without need to pay the
investigation fee.
Sec. 13. Report on advance deposit wagering and track revenues. The
Department of Public Safety, Gambling Control Unit shall meet with and seek input from
stakeholders on issues related to revenue implications for licensed harness racing tracks in
in the State from the expansion of adva