Sec. 1. 8 MRSA §300-A is enacted to read:

§300-A. Illegal wagering

1.__Illegal wagering.__A person may not solicit or accept a bet concerning harness racing in the State by any means unless licensed under this chapter.

2.__Right of action.__A licensee under section 271 may bring an action against a person or entity engaged in a violation of subsection 1.__The court must award damages for a successful action brought under this subsection in an amount equaling 20% of the monetary amount of illegal wagers proved, plus reasonable costs of collection and attorney's fees.

3.__Distribution of damages.__For an action brought under subsection 2, the plaintiff receives any reasonable costs of collection and attorney's fees awarded and the commission receives all other damages awarded.__The commission shall distribute any damages received under this subsection equally between the Fund to Encourage Racing at Maine's Commercial Tracks under section 299 and the Fund to Stabilize Off-track Betting Facilities under section 300.

SUMMARY

This bill makes it illegal to accept or solicit a bet concerning harness racing in the State by any means without a license from the State Harness Racing Commission. This bill allows a private right of action to any licensed commercial racetrack in the State against anyone conducting illegal wagering on harness racing in the State, with damages set at 20% of the monetary amount of the illegal wagering proved plus reasonable costs of collection and attorney's fees. In a private action allowed under this bill, the racetrack receives the reasonable costs of collection and attorney's fees and the commission receives the rest of the damages, which it is directed to deposit equally into the Fund to Encourage Racing at Maine's Commercial Tracks and the Fund to Stabilize Off-track Betting Facilities.