121st Maine Legislature
Office of Fiscal and Program Review
LD 1820
An Act To Establish the Gambling Control Board To License and Regulate Slot Machines at Commercial Harness Racing Tracks
LR 2664(03)
Fiscal Note for Bill As Amended by Committee Amendment " "
Committee: Legal and Veterans Affairs
Fiscal Note Required: Yes
Majority Report
   
             
Fiscal Note
Projections Projections
2003-04 2004-05 2005-06 2006-07
Net Cost (Savings)
General Fund $161,116 ($1,035,867) ($2,061,689) ($6,886,982)
Fund For Healthy Maine $0 $1,076,557 $24,480 $62,400
Appropriations/Allocations
General Fund $0 $1,825,778 $2,178,545 $3,859,394
Other Special Revenue Funds $0 $3,952,506 $8,088,055 $20,585,895
Revenue
General Fund ($161,116) $2,861,645 $4,240,234 $10,746,376
Fund For Healthy Maine $0 ($1,076,557) ($24,480) ($62,400)
Other Special Revenue Funds ($38,717) ($64,449) $3,186,617 $8,193,428
Fiscal Detail and Notes
This bill effectively amends certain provisions of IB 2003, c.1 (LD 1371) which authorized slot machines to be located at commercial horse racing tracks.  The revenue impacts of IB 2003, c.1 were factored into budgeted revenue estimates.  The revenue impacts identified above for the General Fund, the Fund for a Healthy Maine and Other Special revenue Funds reflect the net (incremental) revenue impacts of amending the Inititiated Bill.  However, because the Initiated Bill could not be amended by the Legislature to include the necessary appropriations and allocations it needed, the appropriations and allocations section included in this bill reflects the full costs of enacting this bill (LD 1820).
Revenue Summary of General Fund and Fund for Healthy Maine
Baseline Revenue from IB 2003, c.1 (LD 1371)
Projections Projections
2003-04 2004-05 2005-06 2006-07
General Fund
Baseline Revenue for IB 2003, c.1; LD 1371 $161,116 ($337,327) ($414,236) ($1,055,603)
Revenue Generated by LD 1820 $0 $2,524,318 $3,825,998 $9,690,773
Net General Fund Revenue Effect ($161,116) $2,861,645 $4,240,234 $10,746,376
Fund for Healthy Maine
Baseline revenue for IB 2003, c.1; LD 1371 $0 $2,661,450 $3,257,640 $8,307,000
Revenue Generated by LD 1820 $0 $1,584,893 $3,233,160 $8,244,600
Net Fund For Healthy Maine Revenue Effect $0 ($1,076,557) ($24,480) ($62,400)
Other Special Revenue Funds
Baseline revenue for IB 2003, c.1; LD 1371 $38,717 $4,016,955 $4,901,438 $12,392,467
Revenue Generated by LD 1820 $0 $3,952,506 $8,088,055 $20,585,895
Net Other Special Revenue Funds Effect ($38,717) ($64,449) $3,186,617 $8,193,428
This bill is different from the initiated bill in several respects: 
First, because of the delay in implementation since the initiated bill became law (effective date of January 4, 2004), the fiscal impacts for fiscal year 2003-04 identified in the initiated bill are no longer applicable.
Second, this bill replaces the State Harness Racing Commission as the agency charged with the regulatory responsibility for overseeing the use of slot machines at race tracks with a new Gambling Control Board which will be part of the Department of Public Safety.  The use of a different regulatory agency results in different enforcement costs.
Third, the distribution of proceeds from gross slot income has been significantly changed, including a reduction in the distribution for the owner of the racetrack and new distributions for certain functions of state and municipal government.  A number of distributions to state government remain unchanged.
 Finally, the method by which the regulatory costs of state government are paid has been changed. The Initiated Bill reserved 1% of gross slot income as Other Special Revenue for the costs that would be incurred by Maine State Government to provide administrative and regulatory oversight over the operation of the authorized slot machine facilities.  Because this was not adequate to cover the costs of state government, the fiscal note for the Initiated Bill reflected a significant General Fund cost.  The provisions of this bill, as amended, specify that 1% of total slot income and  3% of gross slot income is to be deposited into the General Fund.   The resources that have been reserved for regulatory and enforcement purposes in this bill are adequate to cover the regulatory costs of state governement.
Presented below is an estimate of revenues and subsequent distribution that may be generated assuming one licensed slot machine operator with a total of 1,500 slot machines by the end of fiscal year 2006-07.  This table includes a breakdown of the General Fund and Other Special Revenue Funds impacts.
Summary of Slot Machine Revenue 2004-05 2005-06 2006-07
Total Slot Machine Revenue $158,489,348 $323,316,000 $824,460,000
89% Payback $141,055,520 $287,751,240 $733,769,400
General Fund Administration @ 1% $1,584,893 $3,233,160 $8,244,600
Gross Slot Income @ 10% $15,848,935 $32,331,600 $82,446,000
61% of Gross Slot Income to Licensee $9,667,850 $19,722,276 $50,292,060
39% of Gross Slot Income to State & Host Municipality $6,181,085 $12,609,324 $32,153,940
Required Distribution of Gross Slot Income (39% State & Host Municipality Share)
General Fund  (3%) $475,468 $969,948 $2,473,380
Fund For Healthy Maine (10%) $1,584,893 $3,233,160 $8,244,600
Purse Supplements  (10%) $1,584,893 $3,233,160 $8,244,600
Agricultural Fair Support Fund  (3%) $475,468 $969,948 $2,473,380
FAME (2%) $316,979 $646,632 $1,648,920
Sire Stakes Fund  (3%) $475,468 $969,948 $2,473,380
Fund to Encourage Racing at Maine's Commercial Tracks (4%) $633,957 $1,293,264 $3,297,840
Fund to Stabilize Off-Track Betting  (2%) $316,979 $646,632 $1,648,920
Maine Community College System  (1%) $158,489 $323,316 $824,460
Host Municipalities  (1%) $158,489 $323,316 $824,460
Other Revenue Impacts:
License fees to the General Fund $524,250 $74,563 $124,563
Reimbursements to the General Fund $161,116 $0 $0
Impact on Lottery - Diverted "Gaming/Gambling" Revenue to Slot Machines
5% of Gross Slot Income $871,691 $1,778,238 $4,534,530
25% General Fund Transfer ($217,923) ($444,560) ($1,133,633)
Impact on Harness Racing - Diverted "Gaming/Gambling" Revenue to Slot Machines
2% of Gross Slot Income $348,677 $711,295 $1,813,812
Loss of Revenue from diverted revenue by Fund/Account:
 General Fund ($3,487) ($7,113) ($18,138)
Subtotal General Fund Revenue ($221,410) ($451,673) ($1,151,771)
Other Special Revenue Funds
 - Purse Supplements ($6,276) ($12,803) ($32,649)
 - Sire Stakes Fund ($3,452) ($7,042) ($17,957)
 - Agricultural Fair Support Fund ($4,010) ($8,180) ($20,859)
 - Commercial Racetracks ($4,324) ($8,820) ($22,491)
 - Promotional Board ($872) ($1,778) ($4,535)
 Subtotal Dedicated Revenue ($18,934) ($38,623) ($98,491)
Summary of Expenditure Impacts
General Fund:
 - Attorney General $71,230 $71,230 $71,230
 - Public Safety $1,754,548 $2,107,315 $3,788,164
 General Fund Total $1,825,778 $2,178,545 $3,859,394
Other Special Revenue Funds:
 - Agriculture, Food and Rural Resources $3,477,038 $7,093,107 $18,087,515
 - Public Safety (Host Municipalities) $0 $25,000 $25,000
 - FAME $316,979 $646,632 $1,648,920
 - Maine Community College System $158,489 $323,316 $824,460
 Other Special Revenue Total $3,952,506 $8,088,055 $20,585,895
Summary of Revenue Impacts
General Fund:
 - 1% of Total Slot Income $1,584,893 $3,233,160 $8,244,600
 - 3% of Gross Slot Income $475,468 $969,948 $2,473,380
 - Reimbursements $161,116 $0 $0
 - License fees to the General Fund $524,250 $74,563 $124,563
 - Diverted Lottery Revenue ($217,923) ($444,560) ($1,133,633)
 - Diverted Pari-mutuel Revenue ($3,487) ($7,113) ($18,138)
General Fund Total $2,524,318 $3,825,999 $9,690,773
Fund for Healthy Maine:
 - Proceeds From Slot Machines $1,584,893 $3,233,160 $8,244,600
Fund for Healthy Maine - Total $1,584,893 $3,233,160 $8,244,600
Other Special Revenue Funds:
 - Agriculture, Food and Rural Resources $3,477,038 $7,093,107 $18,087,515
 - Public Safety (Host Municipalities) $0 $25,000 $25,000
 - FAME $316,979 $646,632 $1,648,920
 - Maine Community College System $158,489 $323,316 $824,460
Other Special Revenue Total $3,952,506 $8,088,055 $20,585,895
Host Municipalities $158,489 $323,316 $824,460