Sec. B-1. 7 MRSA §76, as enacted by IB 2003, c. 1, §1, is repealed.
Sec. B-2. 8 MRSA §263-C, sub-§4, ¶¶A and B, as amended by PL 2003, c. 401, §4 and IB 2003, c. 1, §2, are repealed and the following enacted in their place:
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
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.
Sec. B-3. 8 MRSA §271, sub-§1, as amended by IB 2003, c. 1, §3, is further amended to read:
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. A license issued under this section is transferable or assignable as long as the commission finds that the transferee or assignee satisfies all elements for the issuance of the license being transferred or assigned. A 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 a corporation licensed under this section constitutes a transfer of the license the licensee; the licensee may not hold a harness horse race or meet for public exhibition without a new license.
Sec. B-4. 8 MRSA §§296 and 297, as enacted by IB 2003, c. 1, §4, are repealed.
Sec. B-5. 8 MRSA c. 30, as amended, is repealed.
Sec. B-6. 22 MRSA §1511, sub-§10, as enacted by IB 2003, c. 1, §6, is repealed.
Sec. B-7. 25 MRSA §3902, sub-§4, as enacted by IB 2003, c. 1, §7, is repealed.
Sec. B-8. Board to rule on license. By September 30, 2004, the Department of Public Safety, Gambling Control Board established in the Maine Revised Statutes, Title 8, chapter 31 shall make a final determination on applications submitted to the board for licenses to distribute slot machines and licenses to operate slot machines and all related required licenses in accordance with Title 8, chapter 31 absent any circumstances beyond the control of the board that would prohibit the board from making a final determination. An applicant for a license to operate slot machines shall act in good faith to comply with all application requirements in a timely manner.
Sec. B-9. Statement of intent. It is the intent of the Legislature that this Act amend Initiated Bill 2003, chapter 1. This Act establishes the Gambling Control Board within the Department of Public Safety with authority over all slot machine licensing and distribution and registration. It is the intent of the Legislature that all slot machine operators and slot machine distributors be licensed by the Gambling Control Board pursuant to the Maine Revised Statutes, Title 8, chapter 31. The Legislature intends that the amendment effected by this Act be effective on or prior to the effective date of the initiated bill. It is further the intent of the Legislature that this bill extinguish any right, title or interest, whether vested or inchoate, in any license, registration, permit, privilege or entitlement that may have arisen under Initiated Bill 2003, chapter 1.
Sec. B-10. Appropriations and allocations. The following appropriations and allocations are made.
AGRICULTURE, FOOD AND RURAL RESOURCES,
DEPARTMENT OF
Harness Racing Commission 0320
Initiative: Allocates funds for distribution of revenues to various accounts.
Other Special Revenue Funds 2003-04 2004-05
All Other $0 $3,477,038
____________ ____________
Other Special Revenue
Funds Total $0 $3,477,038
AGRICULTURE, FOOD AND RURAL
RESOURCES, DEPARTMENT OF
DEPARTMENT TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $0 $3,477,038
____________ ____________
DEPARTMENT TOTAL -
ALL FUNDS $0 $3,477,038
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative: Provides funds for an Assistant Attorney General position to assist in rulemaking, forfeitures, license application denial appeals and other required legal services.
General Fund 2003-04 2004-05
Positions - Legislative Count (0.000) (1.000)
Personal Services $0 $62,234
All Other 0 8,996
____________ ____________
General Fund Total $0 $71,230
ATTORNEY GENERAL, DEPARTMENT OF THE
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $0 $71,230
____________ ____________
DEPARTMENT TOTAL -
ALL FUNDS $0 $71,230
FINANCE AUTHORITY OF MAINE
Student Financial Assistance Programs 0653
Initiative: Allocates funds for the University of Maine System Scholarship Fund.
Other Special Revenue Funds 2003-04 2004-05
All Other $0 $316,979
____________ ____________
Other Special Revenue
Funds Total $0 $316,979
FINANCE AUTHORITY OF MAINE
DEPARTMENT TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $0 $316,979
____________ ____________
DEPARTMENT TOTAL -
ALL FUNDS $0 $316,979
PUBLIC SAFETY, DEPARTMENT OF
Gambling Control Board
Initiative: Provides funds for one Director position, one State Police Lieutenant position, one State Police Sergeant position, one State Police Detective position, one Identification Specialist II position, one Auditor II position, 2 Public Safety Inspector I positions, 2 Clerk Typist III positions and general operating expenses, which include the installation and administration of an on-line monitoring system and the costs of conducting necessary background checks.
General Fund 2003-04 2004-05
Positions - Legislative Count (0.000) (10.000)
Personal Services $0 $852,963
All Other 0 846,585
Capital Expenditures 0 55,000
____________ ____________
General Fund Total $0 $1,754,548
PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $0 $1,754,548
____________ ____________
DEPARTMENT TOTAL -
ALL FUNDS $0 $1,754,548
MAINE COMMUNITY COLLEGE SYSTEM,
BOARD OF TRUSTEES OF THE
Maine Community College System - Board
of Trustees 0556
Initiative: Allocates funds for the scholarship program.
Other Special Revenue Funds 2003-04 2004-05
All Other $0 $158,489
____________ ____________
Other Special Revenue
Funds Total $0 $158,489
MAINE COMMUNITY COLLEGE SYSTEM,
BOARD OF TRUSTEES OF THE
DEPARTMENT TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $0 $158,489
____________ ____________
DEPARTMENT TOTAL -
ALL FUNDS $0 $158,489
SECTION TOTALS 2003-04 2004-05
GENERAL FUND $0 $1,825,778
OTHER SPECIAL REVENUE
FUNDS 0 3,952,506
____________ ____________
SECTION TOTAL -
ALL FUNDS $0 $5,778,284
Sec. B-11. Retroactivity. The Act applies retroactively to January 3, 2004.
Effective July 30, 2004, unless otherwise indicated.
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