The commission may not allow interstate simulcasting or license any off-track betting facility for any calendar year unless during the preceding calendar year there was were at least 150 race dates on which live racing was actually conducted at the commercial tracks. If, during the previous year, the total number of race dates of races that actually took place at licensed commercial tracks, as defined in section 275-A, is less than 150, then a pari-mutuel facility may not be licensed to operate video lottery terminals under Title 17, chapter 16 for the following year. Interstate simulcasting must always be allowed at any commercial track that conducted at least 136 race dates during the immediately preceding calendar year or at an existing commercial track as defined in section 275-A, subsection 1, paragraph B at which at least 35 race dates were conducted during the immediately preceding year. For the purposes of this section, any race date that the commission determines was canceled due to a natural or other disaster must be counted as a race date.

Sec. 4. 17 MRSA §348 is enacted to read:

§348.__Applicability

Except as expressly provided in chapter 16, this chapter does not apply to video lottery terminals.

Sec. 5. 17 MRSA c. 16 is enacted to read:

CHAPTER 16

VIDEO LOTTERY TERMINALS

SUBCHAPTER I

GENERAL PROVISIONS

§361.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Associated equipment.__"Associated equipment" means any proprietary device, machine or part used in the manufacture or maintenance of a video lottery terminal, including, but not limited to, integrated circuit chips, printed wired assemblies, printed wired boards, printing mechanisms, video display monitors and metering devices.