2.__Prior course of dealing.__If an exclusive bargaining agent has bargained with a racing segment in any 2 of the 3 preceding years, the racing segment is considered to have a prior course of dealing with the exclusive bargaining agent.__The sale of a racetrack does not negate any prior course of dealing that the exclusive bargaining agent had with the racing segment.

3.__Enter contracts.__Nothing in this section may be construed to prohibit an exclusive bargaining agent from voluntarily entering into contracts with racing segments.

4.__Binding arbitration.__If the exclusive bargaining agent and the racing segment are unable to negotiate a contract within 60 days of the first written request to meet to negotiate a contract pursuant to subsection 1, either party may invoke binding arbitration and have the contract submitted to an agreed upon arbitrator for final binding arbitration.__If the parties are unable to agree upon the choice of an arbitrator, one or both of the parties may petition Superior Court to order arbitration and appoint an arbitrator pursuant to Title 14, chapter 706.__The cost of the arbitrator must be borne equally by the parties.

Sec. 14. 8 MRSA §286, sub-§1, ¶¶A and B, as enacted by PL 1997, c. 528, §46, are amended to read:

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% 10.015%; and

(7) The track share is 16.477% 9.777%.