§275-A. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1997, c. 528, §13 (AMD).]

1.  Commercial track.  "Commercial track" means any harness horse racing track that is a for-profit business and is licensed under this chapter to conduct harness horse racing with pari-mutuel wagering that is not associated with an agricultural fair as defined in Title 7, section 81 and that:

A. If the population of the region is 300,000 or more, based on the 1990 U.S. Census, conducted racing on more than 69 days in each of the previous 2 calendar years, except that if a racetrack that qualifies as a commercial track under this paragraph ceases operation, a separate racetrack operated by the owner or operator of the racetrack that ceased operation qualifies as a commercial track, and for all purposes is considered the same commercial track as the track that ceased operation, if the population of the region of that separate racetrack is 300,000 or more, based on the 1990 U.S. Census, and the sum of the number of days on which racing was conducted at the track that ceased operation and the number of days on which racing was conducted at the separate racetrack equals at least 70 days in each of the 2 preceding calendar years;   [PL 2017, c. 231, §14 (AMD).]

B. If the population of the region is less than 300,000, based on the 1990 U.S. Census, conducted racing on more than 34 days in each of the previous 2 calendar years, except that if a racetrack that qualifies as a commercial track under this paragraph ceases operation, a separate racetrack operated by the owner or operator of the racetrack that ceased operation qualifies as a commercial track, and for all purposes is considered the same commercial track as the track that ceased operation, if the population of the region of that separate racetrack is less than 300,000, based on the 1990 U.S. Census, and the sum of the number of days on which racing was conducted at the track that ceased operation and the number of days on which racing was conducted at the separate racetrack equals at least 35 days in each of the 2 preceding calendar years;   [PL 2017, c. 231, §14 (AMD).]

C. Began operation after January 1, 2014 in a region with a population of 300,000 or more, based on the 1990 U.S. Census, to replace a commercial track as defined by paragraph A that ceased operation after January 1, 2014 and for which no separate racetrack has been opened by the owner or operator of that commercial track that ceased operation. For purposes of this paragraph, a racetrack is not required to have conducted racing during the 2 preceding calendar years but is required to conduct racing on at least 70 days during each calendar year after the track is initially licensed as a commercial track. If a commercial track under this paragraph has not been granted 70 race days by the commission for the initial calendar year of operation, race days conducted during that year by the commercial track that ceased operation after January 1, 2014 are credited to the replacement commercial track; or   [PL 2017, c. 231, §14 (AMD).]

D. Began operation after January 1, 2014 in a region with a population of less than 300,000, based on the 1990 U.S. Census, to replace a commercial track as defined by paragraph B that ceased operation after January 1, 2014 and for which no separate racetrack has been opened by the owner or operator of that commercial track that ceased operation. For purposes of this paragraph, a racetrack is not required to have conducted racing during the 2 preceding calendar years but is required to conduct racing on at least 35 days during each calendar year after the track is initially licensed as a commercial track. If a commercial track under this paragraph has not been granted 35 race days by the commission for the initial calendar year of operation, race days conducted during that year by the commercial track that ceased operation after January 1, 2014 are credited to the replacement commercial track.   [PL 2017, c. 231, §14 (AMD).]

For the purposes of this subsection, "region" is determined by measuring a distance of 50 miles from the center of the racing track along the most commonly used roadway, as determined by the Department of Transportation, drawing a circle around the center of the racing track using that 50-mile measurement and excluding those municipalities or unorganized territories that do not have boundaries contained entirely by that circle.

For the purpose of determining the number of days a race track conducted racing under this subsection, if a race day is canceled due to a natural or other disaster, or due to a horse supply shortage as verified by the state steward, the track is considered to have conducted racing on that day.

[PL 2017, c. 231, §14 (AMD).]

1-A.  Commercial meet.  "Commercial meet" means harness horse racing conducted live at a commercial track.

[PL 1995, c. 408, §4 (NEW).]

1-B.  Commission; agency.  "Commission," with regard to an agency, means the State Harness Racing Commission.

[PL 1997, c. 528, §14 (NEW).]

1-C.  Commission; wagers.  "Commission," with regard to wagers, means all amounts not paid or payable to persons winning wagers.

[PL 1997, c. 528, §14 (NEW).]

1-D.  Commissioner.  "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry.

[PL 1997, c. 528, §14 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]

2.  Commissions.

[PL 1997, c. 528, §15 (RP).]

3.  Common pool or commingled pool.  "Common pool" or "commingled pool" means a pool in which wagers placed at more than one location are merged for purposes of determining the payout on winning wagers.

[PL 1993, c. 388, §8 (NEW).]

3-A.  Department.  "Department" means the Department of Agriculture, Conservation and Forestry.

[PL 1997, c. 528, §16 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

4.  Exotic wagers.  "Exotic wagers" means wagers in which the bettor selects 2 or more horses in one or more races in a single wager.

[PL 1993, c. 388, §8 (NEW).]

5.  Extended meet.  "Extended meet" means a series of harness horse races, except harness horse races conducted by an agricultural society at the time of its annual fair.

[PL 1993, c. 388, §8 (NEW).]

6.  Licensee.  "Licensee" means a person licensed under section 271 or section 275-D to conduct pari-mutuel wagering on horse racing in this State.

[PL 1993, c. 388, §8 (NEW).]

7.  Municipal officers.  "Municipal officers" has the same meaning as in Title 28-A, section 2, subsection 21 except that, when an off-track betting facility is proposed in an unincorporated location, the term "municipal officers" means the county commissioners of the county in which the facility is to be located and the term "municipality" means the unincorporated location.

[PL 1993, c. 388, §8 (NEW).]

7-A.  Net commission.  "Net commission" means the total commission less 4% of the amount wagered.

[PL 2015, c. 200, §1 (NEW).]

8.  Off-track betting facility.  "Off-track betting facility" means a facility other than a racetrack at which a person is licensed to conduct pari-mutuel wagering on simulcast racing.

[PL 1993, c. 388, §8 (NEW).]

9.  Off-track betting licensee.  "Off-track betting licensee" means a person who has obtained a license to conduct pari-mutuel wagering at an off-track betting facility.

[PL 1993, c. 388, §8 (NEW).]

9-A.  Race date.  "Race date" means a scheduled date awarded by the commission pursuant to section 271 for which there is a racing program of not less than 8 separate live races. In the event of cancellation of a portion of the scheduled racing program due to weather, power failure or a decision to cancel by the presiding judge on duty, a minimum of 5 live races actually raced constitutes a race date. If a licensee schedules separate programs for both an afternoon and an evening on the same calendar day and each program qualifies as a race date under this subsection, that licensee is granted one race date for each program.

[PL 2017, c. 231, §15 (AMD).]

9-B.  Race day.  "Race day" means a scheduled day of racing awarded by the commission pursuant to section 271 on which racing occurred.

[PL 2017, c. 231, §16 (NEW).]

10.  Racing licensee.  "Racing licensee" means a person who is authorized under section 271 to conduct harness horse racing in this State.

[PL 1993, c. 388, §8 (NEW).]

10-A.  Regular meeting.  "Regular meeting" means the period of time from the first date a licensee is authorized to conduct live racing through the last date a licensee is authorized to conduct live racing, excluding periods of time longer than 14 days when the licensee is not authorized to conduct live racing.

[PL 2017, c. 231, §17 (AMD).]

11.  Regular wagers.  "Regular wagers" means wagers other than exotic wagers.

[PL 1993, c. 388, §8 (NEW).]

SECTION HISTORY

PL 1993, c. 388, §8 (NEW). PL 1995, c. 408, §§4-6 (AMD). PL 1997, c. 474, §3 (AMD). PL 1997, c. 474, §6 (AFF). PL 1997, c. 528, §§13-16 (AMD). PL 1999, c. 482, §2 (AMD). PL 1999, c. 482, §10 (AFF). PL 2003, c. 401, §10 (AMD). PL 2011, c. 657, Pt. W, §§5, 6 (REV). PL 2013, c. 490, §3 (AMD). PL 2015, c. 200, §1 (AMD). PL 2017, c. 231, §§14-17 (AMD).