Sec. 1. 8 MRSA §263-B, sub-§§2 and 3, as enacted by PL 1997, c. 528, §6, are amended to read:

2. Leadership in policy making. The department shall take the lead cooperate with the commission in developing state policy with regard to the harness racing industry and shall address the needs of the industry to remain competitive.

3. Review of statutes and rules. The department in conjunction with the commission shall maintain an ongoing review of the statutes and rules relating to harness racing and with the approval of the commission make recommendations to the Governor,and the Legislature and the commission regarding the need for changes in statutes and rules to improve the condition of the harness racing industry and the conduct and regulation of harness racing and off-track betting.

Sec. 2. 8 MRSA §263-C, sub-§1, as reallocated by PL 1999, c. 790, Pt. A, §8, is amended to read:

1. Position. The executive director is an unclassified a classified position within the department.

Sec. 3. 8 MRSA §263-C, sub-§2, as reallocated by PL 1999, c. 790, Pt. A, §8, is repealed and the following enacted in its place:

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.

Sec. 4. 8 MRSA §263-C, sub-§4, ¶¶A and B, as reallocated by PL 1999, c. 790, Pt. A, §8, are amended to read:

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

(1) Rulemaking;

(2) Processing appeals;

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

(4) Setting race dates; and

(5)__Making reports to the Governor and Legislature and recommendations to the commissioner regarding harness