An Act to Make Supplemental Appropriations and Allocations for the Expenditures of State Government and to Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2003, June 30, 2004 and June 30, 2005 LR 1999(03)
Maine Legislature, Session 121, LD 1614
Committee Amendment CA_A-HA_A_H562 (House)
Amends: 3 MRSA §959, 5 MRSA §948, 5 MRSA §10051, 15 MRSA §393, 17 MRSA §311, 17 MRSA §311-A, 17 MRSA §312, 17 MRSA §313, 17 MRSA §314, 17 MRSA §314-A, 17 MRSA §315, 17 MRSA §317, 17 MRSA §322, 17 MRSA §323, 17 MRSA §324, 17 MRSA §326, 17 MRSA §327, 17 MRSA §330, 17 MRSA §330-A, 17 MRSA §331, 17 MRSA §332, 17 MRSA §333, 17 MRSA §334, 17 MRSA §3, 17 MRSA §335, 17 MRSA §336, 17 MRSA §336-A, 17 MRSA §337, 17 MRSA §338-A, 17 MRSA §341, 17 MRSA §343, 17 MRSA §345, 25 MRSA §2001, 25 MRSA §2001-A, 25 MRSA §2002, 25 MRSA §2003, 25 MRSA §2901, 25 MRSA §2902, 28-A MRSA §2, 28-A MRSA §82, 28-A MRSA §714, 28-A MRSA §803, 28-A MRSA §1011, 28-A MRSA §1012, 28-A MRSA §1052, 28-A MRSA §1502, 28-A MRSA §1551, 29-A MRSA §2054, 32 MRSA §8102, 32 MRSA §8103, 32 MRSA §8105, 32 MRSA §810, 32 MRSA §8108, 32 MRSA §8111, 32 MRSA §8113, 32 MRSA §8113-A, 32 MRSA §8114, 32 MRSA §8120-A, 32 MRSA §9402, 32 MRSA §9403, 32 MRSA §9404, 32 MRSA §940, 32 MRSA §9407, 32 MRSA §9409, 32 MRSA §9410, 32 MRSA §9410-A, 32 MRSA §9411-A, 32 MRSA §9412, 36 MRSA §172

HOUSE 
AMENDMENT "/I,, to COMMITTEE 
AMENDMENT 
"A" to H. P . 
1190, 
L.D. 
1614, 
Bill, 
"An 
Act 
To 
Make 
Supplemental 
Appropriations 
and Allocations for the Expenditures of State 
Government and To Change Certain Provisions of the Law Necessary 
to the Proper Operations of State Government for the Fiscal Years 
Ending June 30, 2003, June 30, 2004 and June 30, 2005" 
Amend the amendment by striking out all of Part T 
and 
inserting in its place the following: 
'PARTT 
Sec. T-l. 3 MRSA §959, sub-§l, 1fD, as amended by PL 2001, c. 
439, Pt. EEEE, §1, is further amended to read: 
D. 
The joint standing committee of the Legislature having 
jurisdiction over criminal justice matters shall use the 
following list as a guideline for scheduling reviews: 
(1) 
Department of Public Safety, except for the Bureau 
of Liquor 
EBEe~eemeB~, Gaming and Licensing and the 
Emergency Services Communication Bureau, in 2001; and 
(2) 
Department of Corrections in 2003. 
Sec. T-2. 3 MRSA §959, sub-§1, ,J, as amended by PL 1999, c. 
127, Pt. C, §11, is further amended to read: 
J. 
The joint standing committee of the Legislature having 
jurisdiction over legal and veterans' affairs shall use the 
following schedule as a guideline for scheduling reviews: 
(2) 
State Liquor and Lottery Commission in 1999; 
HOUSE AMENDMENT 
HOUSE AMENDMENT "H" to COMMITTEE 
AMENDMENT "A" to H. P . 
L.D. 1614 
1190, 
(3) 
Bureau of Liquor gaEeFeemeas. Gaming and Licensing 
within the Department of Public Safety in 1999; and 
(4) 
Department of Defense, 
Veterans 
and 
Emergency 
Management in 2001. 
Sec. T-3. 5 MRSA §948, sub-§I, 1JB-l is enacted to read: 
B-1. 
Director. Bureau of Liquor. Gaming and Licensing; 
Sec. T-4. 5 MRSA §10051, sub-§3, as amended by PL 1999, c. 
547, Pt. B, §19 and affected by §80, is further amended to read: 
3. 
Appellate 
jurisdiction. 
The 
District 
Court 
has 
exclusive 
jurisdiction 
to 
review 
disciplinary 
decisions 
of 
occupational licensing boards and commissions taken pursuant to 
Title 10, section 8003 and licensing decisions of the Bureau of 
Liquor gaEeFeemeas. Gaming and Licensing taken pursuant to Title 
28-A, sections 453-A, 458 and 653. 
Chapter 375, subchapter VII 2 
governs these proceedings as far as applicable, substituting 
"District Court" for "Superior Court." 
Sec. T-5. 15 MRSA §§391-A and 392-A are enacted to read: 
§391-A. 
Definitions 
As 
used 
in this chapter. 
unless 
the 
context otherwise 
indicates. the following terms have the following meanings. 
1. 
Bureau. 
"Bureau" means the Bureau of Liquor. Gaming and 
Licensing. 
2. 
Director. 
"Director" 
means the Director of the Bureau 
of Liquor. Gaming and Licensing. 
§392-A. 
Bureau of Liquor. Gaming and Licensing 
For the purposes of this chapter. the bureau shall enforce 
the 
laws 
relating the possession of 
firearms 
by prohibited 
persons. 
Sec. T -6. 15 MRSA §393, sub-§2, as amended by PL 1993, c. 368, 
§3, is further amended to read: 
2. 
Application after 5 years. 
A person subject to the 
proviSions of subsection 1 may, after the expiration of 5 years 
from the date that the person is finally discharged from the 
sentences imposed as a result of the conviction or adjudication, 
apply to the Ge~i66ieRe~-~-~~~-SaEe~y director for a permit 
HOUSE AMENDMENT 
HOUSE AMENDMENT 
L.D. 1614 
to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
to carry a firearm. 
That person may not be issued a permit to 
carry a concealed firearm pursuant to Title 25, chapter 252. 
Sec. T-7. 15 MRSA §393, sub-§§3 to 6, as enacted by PL 1977, c. 
225, §2 are amended to read: 
3. 
Contents. 
The application saa±± ~ 
be 
on 
a 
form 
prepared by the 
GemmissieBe£--e~--Paa±ie--SaEeEY director. 
The 
application saa±± !!!Y.§..t include the following: 
The applicant's 
full name; all aliases; date and place of birth; place of legal 
residence; 
occupation; 
make, 
model 
and serial number of the 
firearm 
sought 
to 
be possessed; 
date, 
place 
and nature of 
conviction; sentence imposed; place of incarceration; name and 
address of probation or parole officer; date of discharge or 
release from prison or jailor termination of probation; the 
reason 
for 
the 
request; 
and 
any 
other 
information 
eeemee 
determined 
by 
the 
commissioner 
to 
be 
of 
assistance. 
The 
application saa±± must be accompanied by certified or attested 
copies of the indictment, information or complaint, judgment and 
commitment 
and discharge waiea that are the subject of the 
conviction. 
4. 
Rotification, objection and hearinq. Upon receipt of an 
application, the 
GemmissieBeF-~~-~~~--Sa~eEY director shall 
determine if it is in proper form. If the application is proper, 
ae the director shall within 30 days notify in writing the 
sentencing judge, the Attorney General, the district attorney for 
the county where the applicant resides, the district attorney for 
the county where the conviction occurred, the law enforcement 
agency waiea ~ 
investigated the crime, the chief of police and 
sheriff in the municipality and county where the crime occurred 
and the chief of police and sheriff in the municipality where the 
applicant resides as of the filing of the application. 
The 
eemmissieBeF director may direct any appropriate investigation to 
be carried out. If, within 30 days of the sending of notice, any 
person so notified objects in writing to the issuance of a 
permit, none shall be issued. The eemmissieBeF director may deny 
an application if no objection is filed. 
5. 
Appeal. Any person to whom a permit has been denied may 
appeal to the Superior Court of Kennebec County. The decision of 
the eemmissieBeF director may not be overturned unless the court 
saal-l--.fiBe finds that the applicant's request is reasonable and 
that the denial of the commissioner was arbitrary, capricious or 
discriminatory. 
6. 
Filinq fee. The eemmissieBeF 
reasonable filing fee not to exceed 
processing applications. 
director may establish a 
$25 to defray costs of 
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AMENDMENT 
" If" to COMMITTEE 
AMENDMENT 
"A" to H. P . 
L.D. 1614 
1l90, 
Sec. T-S. 17 MRSA §311, sub-§I-A, as enacted by PL 1999, c. 
74, §1, is amended to read: 
I-A. 
Coumercial beano hall permit. 
"Commercial beano hall 
permit" means written authority from the 
baie~-~E--~-be--S~a~e 
Pe~iee director 
issued to 
a 
permittee 
who 
rents 
or 
leases 
premises for profit to a licensee to hold, conduct or operate 
"beano." 
Sec. T-9. 17 MRSA §311, sub-§I-B, as enacted by PL 2001, c. 
342, §1, is repealed. 
Sec. T-I0. 17 MRSA §311, sub-§§I-C and I-D are enacted to read: 
I-C. 
Bureau. 
"Bureau" 
means 
the 
Department 
of 
Public 
Safety, Bureau of Liguor, Gaming and Licensing. 
I-D. 
Director. 
"Director" means the Director of the Bureau 
of Liguor, Gaming and Licensing. 
Sec. T-ll. 17 MRSA §311, sub-§§3 to 5, as enacted by PL 1975, 
c. 307, §2, are amended to read: 
3. 
License. 
"License" 
shal~--mean means 
that 
written 
authori ty from the 
bhie~--o.f--1::he-.s.t.-at.-e--Pe~iee director to hold, 
conduct or operate the amusement commonly known as "Beano" for 
the entertainment of the public within the State 
e~--Mai:ee. A 
location permit must accompany the license to be valid. 
4. 
Licensee. "Licensee" saal-l--mean means any organization 
whieh that has been granted a license by the bhie~-~-~~-S1::a1::e 
Pe~iee director to hold, conduct or operate "Beano" or "Bingo." 
5. 
Location permit. "Location permit" shall-mean means that 
card issued by the bhie~-ef-~he-S~a~e-PelieeT director describing 
the premises or area in which "Beano" may be conducted. Such 
location permit must be accompanied by 
a 
license. 
Only such 
locations expressly described in the location permit sha~~ may be 
used for the conduct of any game. 
Sec. T-12. 17 MRSA §311-A is enacted to read: 
§311-A. 
Bureau of Liquor« Gaming and Licensing 
For the purposes of this chapter, the bureau shall enforce 
the laws relating to the conduct and licensing of beano and bingo. 
Sec. T-13. 17 MRSA §312, as amended by PL 1991, c. 426, §2, 
is further amended to read: 
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HOUSE 
AMENDMENT ",q:. to COMMITTEE 
AMENDMENT "A" to H. P • 
L.D. 1614 
1190, 
§312. 
License required 
Ne A person, firm, association or corporation saa** may not 
hold, conduct or operate the amusement commonly known as "beano" 
or "bingo" for the entertainment of the public within the State 
unless a license therefor is obtained from the Gaie~-e~-~ae-S~a~e 
Pe*iee director. 
This chapter saa** may not be construed to 
apply to any other amusement or game. 
"Beano" 
or 
"Bingo" 
may 
not 
be 
conducted 
on 
Christmas. 
"Beano" or "Bingo" may be played on Sunday after the hour of 11 
a.m. 
No "Beano" or "Bingo" games may be conducted between the 
hours of 12 midnight and 7 a.m. 
The prevailing time for the 
State is used to determine these hours. 
Sec. T-14. 17 MRSA §313, as enacted by PL 1975, c. 307, §2, 
is amended to read: 
§313. App1ication 
Any organization desiring to conduct such an amusement shall 
apply to the 
Gaie~--of"--~ae--St.-at~-Pe*iee director for a license 
pursuant to the 
prov~s~ons set forth in this section. 
The 
application saa** ml!..S..t. be on forms provided by the Ga4e.f--of"--t:ae 
S~at:e-Pe*4ee director, saa** ml!..S..t. be signed by a duly authorized 
officer of the organization to be licensed, saa** must contain 
the full name and address of the organization and the location 
where it is desired to conduct the amusement and saa** must bear 
the consent of the municipal officers of the town or city in 
which it is proposed to operate such amusement. 
Sec. T-15. 17 MRSA §314, as amended by PL 1999, c. 63, §1, is 
further amended to read: 
§314. 
Issuance of 1icense; fees 
The Gaie~-e~-~ae-S~a~e-Pel4ee director may issue licenses to 
operate beano or bingo games to any volunteer fire department or 
any 
agricultural 
fair 
association 
or 
bona 
fide 
nonprofit 
charitable, 
educational, 
political, 
c~v~c, 
recreational, 
fraternal, patriotic, religious or veterans' organization that 
was in existence and founded, chartered or organized in the State 
at least 2 years prior to its application for a license, when 
sponsored, operated and conducted for the exclusive benefit of 
that organization by duly authorized members. 
The Ga:i:ef--of"--t:ae 
St:at:e-Pel:i:ee director may also issue a license to any auxiliary 
associated 
with 
an 
organization, 
department 
or 
association 
qualified for a license under this section if the auxiliary was 
founded, chartered or organized in this State and has been in 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT ,,/9 " to COMMITTEE 
AMENDMENT 
L.D. 1614 
"A" to H.P. 1190, 
existence at least 2 years before applying for a license and the 
games are sponsored, operated and conducted for the exclusive 
benefit of the auxiliary by duly authorized members of the 
auxiliary. 
Proceeds from any game conducted by the auxiliary or 
the auxiliary's parent organization may not be used to provide 
salaries, wages or other remuneration to members, officers or 
employees of the auxiliary or its parent organization, except as 
provided in sections 326 and 335. 
The 2 years' limitation does 
not apply to any organizations in this State having a charter 
from 
a 
national 
organization, 
or 
auxiliaries 
of 
those 
organizations, even though the organizations have not been in 
existence for 2 years prior to their application for a license. 
The 2 years' limitation does not apply to any volunteer fire 
department or rescue unit or auxiliary of that department or 
unit. 
A 
license 
may 
be 
issued 
to 
an 
agricultural 
fair 
association 
when 
sponsored, 
operated 
and 
conducted 
for 
the 
benefit of such agricultural fair association. 
The fee for such a license to any nonprofit organization is 
$12.00 for each calendar week, 
or portion thereof, that the 
amusement is to be operated, or the license may be issued for a 
calendar month for a fee of $36.00 or a calendar year for a fee 
of 
$400. 
A special per-game license may 
be 
issued to 
any 
qualified nonprofit organization for the purposes of operating a 
game of "beano" or "bingo" for a fee of $5.00. 
The special 
per-game license may not be issued more than 6 times to anyone 
organization in a calendar year. 
All license fees must be paid 
to the Treasurer of State to be credited to the General Fund. 
A 
license is not assignable or transferable. 
Na~hiR~-~-a-ined--iR 
~his This section may nQt be construed to prohibit any volunteer 
fire department or any agricultural fair association or bona fide 
nonprofit 
charitable, 
educational, 
political, 
civic, 
recreational, 
fraternal, 
patriotic, 
religious, 
veterans' 
organization or auxiliary of any of them from obtaining licenses 
for a period not to exceed 6 months on one application. 
No more 
than one license may be issued to any organization for anyone 
period. 
No more than one licensee may operate or conduct a game 
of "beano" or "bingo" on the same premises on the same date. 
All fees required by this chapter shall must accompany the 
application for a license. 
Fees submitted as license fees shall 
~ 
be refunded if the license is not issued. 
Fees shall may 
not be refunded for unused licenses or for any license whieh that 
is suspended or revoked as provided by this chapter. 
Sec. T-16. 17 MRSA §314-A, sub-§I, as amended by PL 1991, c. 
426, §3 and affected by §9, is further amended to read: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "11''' to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 1614 
1190, 
1. 
Eligible organizations. 
The 
~h:ief--o-f--1;he--St.-at.-e--Peliee 
director may issue licenses to operate high-stakes 
beano or 
high-stakes bingo to any federally recognized Indian tribe. 
A. 
The 
~hief--E>-f--t~-S1:a1::&-PeJ:iee director may also issue, 
to any federally recognized tribe, licenses to sell lucky 
seven or other similar sealed tickets in accordance with 
section 324. 
B. 
In conjunction with the operation of high-stakes beano, 
federally recognized Indian tribes holding a license under 
this section may advertise and offer prizes for attendance 
with a value of up to $25,000 under the terms prescribed for 
raffles in section 331, 
subsection 6. 
Any prize awarded 
under this paragraph must be awarded only on the basis of a 
ticket of admission to the high-stakes beano game and may 
only be awarded to a person who holds an admission ticket. 
Sec. T-17. 17 MRSA §314-A, sub-§3, as repealed and replaced by 
PL 1991, c. 426, §4, is amended to read: 
3. 
Twenty-seven 
weekends 
per 
year. 
An 
organization 
licensed under this section may operate high-stakes beano games 
on 
weekends 
per year, 
whether 
or 
not 
consecutive. 
For 
purposes of this section, a weekend consists of Saturday and the 
immediately following Sunday. 
A high-stakes beano game licensed 
under this section and canceled for any reason may be rescheduled 
at any time, as long as 5 days prior notice of the new date is 
given to the ~hief-ef-~he-S~a~e-Peliee director. 
Sec. T-18. 17 MRSA §314-A, sub-§8, as enacted by PL 1991, c. 
426, §6, is amended to read: 
8. 
Report. 
Beginning January 
15, 
1992, 
any 
federally 
recognized Indian tribe licensed to conduct high-stakes beano 
under 
this 
section must 
submit 
a 
quarterly 
report 
on 
the 
operation of high-stakes beano to the joint standing committee of 
the Legislature having jurisdiction over legal affairs matters. 
The report must include information on the number of persons 
playing high-stakes beano during the preceding calendar quarter, 
the 
funds 
collected for high-stakes beano, 
the total 
amount 
awarded in prizes, including prizes for attendance and any other 
information 
provided 
to 
the 
RHreaH--ef--S~a~e--PeJ::iee bureau 
regarding the operation of high-stakes beano. 
Sec. T-19. 17 MRSA §315, as enacted by PL 1975, c. 307, §2, 
is amended to read: 
§315. 
Seasonal licenses 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1514 
"fj" to COMMITTEE 
AMENDMENT 
"A" to H. P. 
1190, 
Notwithstanding section 314, the Ghief-~--~he-~~~-~eliee 
director 
may 
issue 
seasonal 
licenses 
to operate 
"Beano" 
or 
"Bingo" 
games in bona fide resort hotels, provided they are 
operated and conducted therein by the management without profit 
and 
solely 
for 
the 
entertainment 
of 
guests 
of 
the 
hotel 
registered therein, and provided that charges, if any, to the 
guests for participation in such entertainment shall must be 
limited to a maximum of $2 in any 24-hour period. The fee for 
such license shaJ..J.--ae is $10 and shall ~ 
be paid to the 
Treasurer of State to be credited to the General Fund. Hotel and 
liquor licenses of any such resort hotel licensees shall ~ 
not 
be withheld because of the conducting ef ~ such resort hotel of 
the game of "Beano" or "Bingo." 
Sec. T·20. 17 MRS A §316, as amended by PL 2001, c. 538, §l, 
is further amended to read: 
§316. 
Evidence 
The 
Ghief--G-~--t.-be--S~a~~-~eliee director may require such 
evidence as the ehief director may determine necessary to satisfy 
the ehief director that an applicant or organization licensed to 
conduct beano conforms to the restrictions and other provisions 
of this chapter. Charters, organizational papers, bylaws or other 
such written orders of founding that outline or otherwise explain 
the purpose for which organizations were 
founded must, 
upon 
request, be forwarded to the Ghief-~--t.-be-~~-~eliee director. 
The bhief-~--t.-be-~~-~eliee director may require such evidence 
as the ehief director may determine necessary regarding the 
conduct of beano by a licensee to determine compliance with this 
chapter. 
Sec. T·21. 17 MRSA §317, first 11, as amended by PL 1999, c. 74, 
§2, is further amended to read: 
The 
Ghief-~--~he--st.-a-t~-Peliee director has the power to 
adopt rules, not inconsistent with law, that are necessary for 
the administration and enforcement of this chapter and for the 
licensing, conduct and operation of the amusement commonly known 
as "Beano" or "Bingo" and for the permitting and operation of 
commercial beano halls. 
The 
Ghief-~--t-be---St;.a.~-Peliee director 
has the power and authority to regulate, supervise and exercise 
general 
control 
over 
the 
operation 
of 
such 
amusement 
and 
commercial 
beano halls, 
including, 
but not limited to, 
the 
payment of prizes and the use of equipment. Any rule adopted by 
the 
Ghief--o;f--~he--St.-at.~-~eliee director concerning the value of 
prizes that may be awarded must include a provision that no 
single prize may exceed $400 in value and that no more than 
$1,400 in total prizes may be awarded on anyone occasion. 
In 
establishing 
such 
rules, 
which 
are 
routine 
technical 
rules 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
.. /I .. to COMMITTEE 
AMENDMENT 
.. A" 
to H.P. 
1190, 
pursuant to Title 5, chapter 375, subchapter ±±-A 2-A, the bRie~ 
e~--t:he---St-at-e--Pe.,l.,i-€-e--Hll:ls\i director shall, in addition to the 
standards set forth in other provisions of this chapter, use the 
following 
standards 
setting 
forth 
conduct, 
conditions 
and 
activity considered undesirable: 
Sec. T·22. 17 MRSA §317·A, as amended by PL 2001, c. 342, §2, 
is further amended to read: 
§317-A. 
Investigations; actions on licenses 
1. 
Director. 
The bRie~-e~-ERe-SEaEe-Pe±iee director may: 
A. 
Investigate all aspects of this chapter including the 
direct and indirect ownership or control of any licenses or 
commercial beano hall permits; 
B. 
Suspend, 
revoke or refuse to issue a 
license, after 
notice of the opportunity for a hearing, if the applicant, 
applicant's agent or employee, licensee or licensee's agent 
or employee violates a provision of this chapter or Title 
l7-A, chapter 39 or fails to meet the statutory requirements 
for licensure pursuant to this chapter; 
C. 
Immediately suspend or revoke a 
license if there is 
probable 
cause 
to 
believe 
that 
the 
licensee 
or 
the 
licensee's agent or employee violated a provision of Title 
l7-A, chapter 39; 
D. 
Suspend or revoke a commercial beano hall permit, after 
notice of the opportunity for hearing, if a permittee or 
permi ttee 's employee commits murder or a Class A, 
B or C 
crime or violates a provision of this chapter or Title l7-A, 
chapter 15, 29, 37 or 39; 
E. 
Immediately suspend or revoke a commercial beano hall 
permit if there is probable cause 
to believe that the 
permittee or the permittee's employee committed murder or a 
Class A, B or C crime or violated a provision of Title l7-A, 
chapter 15, 29, 37 or 39; and 
F. 
Issue a subpoena in the name of the SEaEe-Peliee bureau 
in accordance with Title 5, section 9060, except that this 
authority applies to any stage of an investigation under 
this chapter and is not limited to an adjudicatory hearing. 
This authority may not be ~sed in the absence of reasonable 
cause to believe a violation has occurred. 
If a witness 
refuses to obey a subpoena or to give any evidence relevant 
to 
proper 
inquiry by the 
eRie~ director, 
the 
Attorney 
General may petition the Superior Court in the county where 
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HOUSE 
AMENDMENT "fF to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
the refusal occurred to find the witness in contempt. 
The 
Attorney General shall cause to be served on that witness an 
order requiring the witness to appear before the Superior 
Court to show cause why the witness should not be adjudged 
in contempt. 
The court shall, in a summary manner, hear the 
evidence and, if it is such as to warrant the court in doing 
so, punish that witness in the same manner and to the same 
extent as for contempt committed before the Superior Court 
or with reference to the process of the Superior Court. 
2. 
Licensinq action after 
notice 
and 
opportunity 
for 
hearinq. 
The ~kie~-e~-~ke-S~a~e-Peliee director shall notify the 
applicant, licensee or permittee in writing, before a license or 
permit is denied, suspended or revoked pursuant to subsection 1, 
paragraph B or D, of the intended denial or commencement date of 
the suspension or revocation, which may not be made any sooner 
than 96 hours after the licensee's or permittee's receipt of the 
notice, of the duration of the suspension or revocation and of 
the 
right 
to 
a 
hearing 
pursuant 
to 
this 
subsection. 
The 
applicant, 
licensee or permittee has the right to request a 
hearing 
before 
the 
Commissioner 
of 
Public 
Safety 
or 
the 
commissioner's designee. 
Upon the applicant's, licensee's or 
permittee's request for a hearing, the Commissioner of Public 
Safety shall provide a hearing. 
The hearing must comply with the 
Maine Administrative Procedure Act. 
The purpose of the hearing 
is 
to 
determine 
whether 
a 
preponderance 
of 
the 
evidence 
establishes that the applicant, applicant's aqent or employee, 
licensee or licensee's agent or employee violated a provision of 
this chapter or Title 17-A, chapter 39 or the permittee or the 
permittee's employee committed murder or a Class A, B or C crime 
or violated a provision of this chapter or Title 17 -A, chapter 
IS, 29, 37 or 39. 
A request for a hearing may not be made any 
later than 10 days after the applicant, licensee or permittee is 
notified of the proposed denial, suspension or revocation. 
The 
suspension or 
revocation action must 
be 
stayed pending the 
hearing; the hearing may not be held any later than 30 days after 
the date the commissioner receives the request unless otherwise 
agreed by the parties or continued upon request of a party for 
cause shown. 
3. 
IDmediate suspension or revocation. 
A licensee whose 
license or permittee whose permit is immediately suspended or 
revoked by the 
~kie~--o-f--~ke--St-at-e--Peliee director pursuant to 
subsection I, paragraph C or E must be notified in writing of the 
duration of the suspension or revocation and the licensee's or 
the 
permi ttee' s 
right 
to 
request 
a 
hearing 
before 
the 
Commissioner of Public Safety or the commissioner's designee. 
Upon the licensee's or permittee's request for a hearing, the 
Commissioner of Public Safety shall provide 
a 
hearing. 
The 
hearing must comply with the Maine Administrative Procedure Act. 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT .. Ill" to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
f1 
The 
purpose 
of 
the 
hearing 
is 
to 
determine 
whether 
a 
preponderance of the evidence establishes that the licensee or 
the licensee's agent or employee violated a provision of Title 
l7-A, chapter 39 or the permittee or the permittee's employee 
committed murder or a 
Class A, 
B or C crime or violated a 
provision of Title l7-A, chapter 15, 29, 37 or 39. 
A request for 
a hearing may not be made any later than 48 hours after the 
licensee 
or 
permittee 
is 
notified 
of 
the 
suspension 
or 
revocation. 
A hearing may not be held any later than 10 days 
after the date the commissioner receives the request. 
Sec. T-23. 17 MRSA §322, as amended by PL 1999, c. 74, §4, is 
further amended to read: 
§322. 
Reports 
The 
bai:e'--ot"--eae-.s.t.-at~-Peli:ee director shall require from 
any organization licensed to operate "Beano" or "Bingo" and any 
individual, 
corporation, 
partnership 
or 
unincorporated 
association that has a permit to operate a commercial beano hall 
whatever reports the eai:e' director determines necessary for the 
purpose of the administration and enforcement of this chapter. 
Sec. T-24. 17 MRSA §323, as amended by PL 1999, c. 74, §5, is 
further amended to read: 
§323. 
Access to premises 
An organization making application to the baiei---ot"--eae 
Seaee-PeJiee director to conduct or operate "Beano" or "Bingo," 
an organization licensed under this chapter to operate "Beano" or 
"Bingo," a commercial beano hall permit applicant or a commercial 
beano hall permittee shall permit inspection of any equipment, 
prizes, records or items and materials used or to be used in the 
conduct or operation of "Beano" or "Bingo" by the bai:e'--ot"--eae 
Seaee--Peli:ee 
director 
or 
the 
eai:e'~6 director's 
authorized 
representative. 
The 
licensee or permittee shall permit at any time 
an 
inspector from the ~epaFemeB~-e~-Paali:e-Sa'eey bureau or the city 
or town fire inspectors of the municipality in which "Beano" is 
being conducted to enter and inspect the premises. 
Sec. T -25. 17 MRSA §324, sub-§3, as amended by PL 1997, c. 
373, §8, is further amended to read: 
3. 
Lucky seveD. 
Lucky seven or similar sealed tickets may 
be sold when that game of chance is licensed by the baiei--e'-eae 
Seaee-~l-iee director and when a valid license certificate is 
properly displayed. 
Notwithstanding the other provisions of this 
Page ll-LR1999(3) 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
" ft· to COMMITTEE 
AMENDMENT "A" to H. P. 
L.D. 1614 
1190, 
section and section 312, 
Lucky seven games 
may be conducted 
during the period beginning 2 hours before and ending 2 hours 
after any "Beano" game. 
A. 
Notwithstanding any other rule, Lucky seven or other 
similar sealed tickets may be sold that have a sale value of 
$1 or less. 
Sec. T-26. 17 MRS A §325, as amended by PL 1999, c. 74, §6, is 
further amended to read: 
§325. 
Pena1ties 
Any 
person, 
firm, 
association or corporation holding or 
conducting or aiding or abetting in the holding or conducting of 
such amusement within the State without a license therefor duly 
issued by the Gaief-~-~~~~~-Peliee director, or any person, 
firm, 
association 
or 
corporation 
who 
violates 
any 
of 
the 
provisions of this chapter or any of the rules or regulations of 
the Gaie~-ef-~ae-S~a~e-P91iee director prescribed by authority of 
said chapter, saall ~ 
be punished by a fine of not more than 
$1,000. 
An 
individual, corporation, 
association that rents or leases 
partnership or 
a building or 
unincorporated 
facilities to 
hold, conduct or operate "Beano" or "Bingo" without a commercial 
beano hall permit issued by the 
Gai9f--ef--~ae--S6a6e--Peliee 
director or who violates any of the provisions of this chapter or 
any rules adopted by the 
Gaief-~~-~~-~~~~-P91iee director 
pursuant to this chapter is guilty of a Class E crime. 
Sec. T-27. 17 MRSA §326, sub-§I-A, 1JC, as enacted by PL 1993, 
c. 45, §3, is amended to read: 
C. 
Defray the expenses or part of the expenses of a member, 
auxiliary member, officer or employee of the organization 
for 
a 
serious illness, 
injury or casualty loss if the 
licensee 
makes 
an 
application 
and 
the 
application 
is 
approved by the licensing division within the 
EQ~eaQ--e~ 
S~a~e-P91iee bureau. 
(1) 
An 
application must be 
made 
in the 
form 
and 
contain the information the licensing division requires. 
(a) 
In the case of serious illness or injury, the 
licensing division may require certification by a 
licensed 
physician 
setting 
out 
the 
facts 
in 
support of the application. 
Page l2-LR1999(3) 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT ";:;.,, to COMMITTEE AMENDMENT "A" 
L.D. 1614 
to H.P. ll90, 
(b) 
In the case of a casualty loss, the licensing 
division may require statements or reports from a 
law enforcement agency, rescue or other emergency 
services 
personnel 
or 
an 
insurance 
agency 
to 
support the application. 
(c) 
The 
licensing 
division 
may 
deny 
an 
application if it appears that the person who 
would receive the proceeds has adequate means of 
financial support, including, but not limited to, 
insurance or workers' compensation benefits. 
Sec. T-28. 17 MRSA §326, sub-§I-B, as enacted by PL 1993, c. 
45, §3, is amended to read: 
1-B. 
Fi1inq. 
An 
organization that chooses 
to use 
the 
proceeds or part of the proceeds as allowed by subsection I-A 
must file with the ~aief-~-~~-S~a~-Peliee director, at least 
quarterly, a form for the disposition of funds prescribed by the 
~aief-~-~~-S~a~-Peliee director detailing all payments made. 
Every statement on the form must be made under oath by an officer 
of the organization. 
Sec. T-29. 17 MRSA §326, sub-§2, as amended by PL 1993, c. 45, 
§4, is further amended to read: 
2. 
Ru1es. 
The rules adopted pursuant to section 317 must 
contain standards governing payments made under this section. 
Payments under subsection I-A, paragraph A may not exceed 20~ of 
the revenue generated by the games and the rules must limit 
payments to 
reasonable 
compensation, 
taking into account the 
nature of the services rendered, comparable wage rates, the size 
of the organization and other revenues, the size of the games and 
the revenue generated by the games. 
The 
~aief--G-f---t:-be--St:at:e 
Peliee director may disallow any excessive payment of proceeds, 
may suspend an organization's license for excessive payment of 
proceeds and may condition the restoration of an organization's 
license on the repayment of an excessive payment of proceeds by 
the organization. 
Sec. T-30. 17 MRSA §327, as enacted by PL 1997, c. 232, §l, 
is amended to read: 
§327. 
Nonsmokinq area 
The 
~aie~-~--St;a.~-Peliee director shall adopt rules that 
allow a licensee to establish a nonsmoking area within the room 
or outdoor area where the operator calls the numbers. 
Visibility 
and access between the smoking and nonsmoking areas may not be 
impeded except that a doorway may be installed. 
Both the smoking 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
../1.. to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
and nonsmoking areas must have a public address system and a 
master board, electric flashboard or chalkboard visible to all 
players. A member of the licensee must be present during the game 
in both the smoking and the nonsmoking areas. 
Rules adopted 
pursuant to this section are routine technical rules as defined 
by Title 5, chapter 375, subchapter **-A 2-A. 
Sec. T-31. 17 MRS A §328, sub-§§I to 5, as enacted by PL 1999, 
c. 74, §7, are amended to read: 
1. 
Permit 
required. 
An 
individual, 
corporation, 
partnership or unincorporated association may not rent or lease 
space for profit to 
a 
licensee to hold, 
conduct or operate 
"Beano" or "Bingo" unless 
a 
commercial beano hall permit is 
obtained from the ~R~e~-e~-tRe-State-Pe;~ee director. 
2. 
Application. 
An individual, corporation, partnership or 
unincorporated association desiring to rent or lease space for 
profit for the purpose given in subsection 1 shall apply to the 
~Rie;E-«--tRe--St-at.-e--Pel~ee director for a commercial beano hall 
permit. 
The application must be on forms provided by the ~R~e~ 
e~--t-he--.s.t&-e--Pel~ee director, must contain the full name and 
address of the individual or entity seeking to be permitted and 
the location of the building or facility to be rented or leased. 
An applicant who is an individual shall list the individual's 
name 
and 
address. 
An 
applicant 
that 
is 
a 
corporation, 
partnership or unincorporated association shall also list the 
names and addresses of any owners with a 
10~ or greater interest 
in the corporation, partnership or unincorporated association 
seeking the permit. 
A. 
The applicant shall submit 2 fingerprint cards bearing 
the legible rolled and flat impression of the fingerprints 
of the owner, if the owner is an individual, of any owner 
who 
owns 
or controls a 
50~ or greater interest in the 
corporation, partnership or the unincorporated association, 
and, of the manager, if the manager is not the owner as 
previously described, prepared by a state or local public 
law enforcement agency to be forwarded to the State Bureau 
of Identification for the purpose of conducting state and 
national criminal history record checks. 
3. 
Renewal; chanqe of ownership or manaqer. 
A pe rmi t tee 
seeking to renew a permit shall submit an application, but is not 
required to submit additional fingerprint cards. 
The permittee 
is--Fe~~~FeQ--te shall notify the 
~RieE--eE--tRe--State--Pe;~ee 
director 
of 
any 
change 
in 
ownership 
or 
management 
of 
the 
commercial beano hall. 
The 
~a~eE--ot--tae--St-at.-e--Pe;~ee director 
may 
require 
additional 
information or 
fingerprint 
submission 
Subsequent to a change in ownership or management. 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
" /I" to COMMITTEE 
AMENDMENT 
"I>.." 
to H. P . 
L.D. 1614 
1190, 
4. 
Use of criminal history record. 
The Ghief--E>i"--t-be--St.at.e 
Pe*iee director may use state and federal criminal history record 
information for the purpose of screening applicants. 
The Ghief 
ef--t-be---St.&-e--P9*iee director may refuse to issue or renew a 
permit 
for 
an 
individual, 
corporation, 
partnership 
or 
unincorporated association if an owner or manager has been found 
guilty of murder or a Class 1>.., 
B or C crime or a violation of 
this chapter or Title 17-1>.., chapter 15, 29, 37 or 39 or a similar 
law in another state or jurisdiction, unless that conduct is not 
punishable as a 
crime under the laws of that state or other 
jurisdiction in which it occurred. 
5. 
Duration of permit and fee. 
The 
Ghief--G-~--t'.-he--St.at.e 
Pe*iee director may issue a commercial beano hall permit for a 
calendar year for a fee of $500. 
Sec. T-32. 17 MRSA §330, sub-§I-B, as enacted by PL 2001, c. 
342, §3, is repealed. 
Sec. T-33. 17 MRSA §330, sub-§§I-D and l-E are enacted to read: 
I-D. 
Bureau. 
"Bureau" means the Bureau of Liquor, Gaming 
and Licensing. 
I-E. 
Director. 
"Director" means the director of the Bureau 
of Liquor, Gaming and Licensing. 
Sec. T-34. 17 MRSA §330-A is enacted to read: 
§330-A. 
Bureau of Liquor. Gaming and Licensing 
For the purposes of this chapter, the bureau shall enforce 
the laws relating to the conduct and licensing of games of chance. 
Sec. T-35. 17 MRSA §331, sub-§I, as amended by PL 1975, c. 
740, §5, is further amended to read: 
1. 
License 
required. 
~9 A 
person, 
firm, 
corporation, 
association or organization 
sha** 
may 
not hold, 
conduct or 
operate a 
game of chance within the State unless 
a 
license 
therefor is obtained from the Ghie~-ef-t.he-St.at.e-Pe*ieeT director 
or the game of chance constitutes "social gambling" as that term 
is defined by Title 17-1>.., section 952, subsection 8. 
Sec. T·36. 17 MRS A §331, sub-§2·A, as amended by PL 2001, c. 
672, §5, is further amended to read: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
it 
"n" to COMMITTEE 
AMENDMENT "A" to H.P. 1l90, 
2-A. 
Games of chance at agricultural fairs. 
The 
Ghie~-ef 
~he-S~a~e-Pe*iee director may issue a license to hold, conduct or 
operate the game of chance commonly known as "penny falls" or 
"quarter falls" at any agricultural fair as long as the fair 
controls the revenue from such games. 
Sec. T-37. 17 MRSA §331, sub-§7, "A to C, as enacted by PL 
1989, c. 254, §1, are amended to read: 
A. 
Except as provided in subsection 8, the 
Ghief-~--~he 
S~a&e-.pe.,l4ee director may issue one special exempt raffle 
license per year to any organization, department or class 
eligible 
to 
hold 
a 
raffle 
under 
subsection 
without 
obtaining a 
license. 
The special exempt raffle license 
entitles the licensee to hold one raffle in which the holder 
of a winning chance receives something of value worth more 
than $10,000 but not more than $25,000. 
Section 341 does 
not apply to raffles licensed under this section. 
B. 
The 
bh:ief--E>'f--t.-he-~t,a.1::&-Pel:iee director may not issue a 
license under this subsection to hold a raffle in which the 
holder of a winning chance receives a cash prize worth more 
than $10,000. 
C. 
All tickets sold pursuant to a special exempt raffle 
license sha** ~ 
be purchased from a licensed distributor 
or licensed printer. 
Tickets shall ~ 
be sequentially 
numbered and have printed on their faces 
the 
following 
information: 
the 
name 
of 
the 
special 
exempt 
raffle 
licensee; a description of the prize or prizes; the price of 
the ticket; and the date, time and place of the drawing. 
Any organization, department or class listed in subsection 6 
that conducts a raffle under section 33l-A shall retain all 
unsold raffle tickets for 6 months after the raffle drawing 
and make 
those tickets available for 
inspection at the 
request of the bh:ief-ef-~he-S~a~e-Pel:iee director. 
Sec. T-38. 17 MRSA §331, sub-§8-A, "A to D, as enacted by PL 
1991, c. 796, §3, are amended to read: 
A. 
The 
bh:ief-~--~he--St~-e--Pel:iee director may issue one 
special exempt raffle license per year to any organization, 
department 
or 
class 
eligible 
to 
hold 
a 
raffle 
under 
subsection 
without obtaining 
a 
license. 
The 
special 
exempt raffle license entitles the licensee to hold one 
raffle in which the holder of a winning chance receives 
something of value worth more than $10,000 but not more than 
$75,000. 
Section 341 does not apply to raffles licensed 
under this section. 
Page l6-LR1999(3) 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "fir. to COMMITTEE 
AMENDMENT 
"A" to H.P. 1l90, 
L.D. 1614 
B. 
The 
Gh:i:e~-~--t-h&--&t;a.t:e--Pe±:i:ee director may not issue a 
license under this subsection to hold a raffle in which the 
holder of a winning chance receives a cash prize worth more 
than $10,000. 
C. 
All tickets sold pursuant to a special exempt raffle 
license must be purchased from a 
licensed distributor or 
licensed printer. 
Tickets must be sequentially numbered and 
have printed on their faces the following information: the 
name of the special exempt raffle licensee; a description of 
the prize or prizes; the price of the ticket; and the date, 
time and place of the drawing. 
Any organization, department 
or class listed in subsection 6 that conducts a raffle under 
section 331-A shall retain all unsold raffle tickets for 6 
months 
after the raffle drawing 
and make 
those tickets 
available for inspection at the request of the Gh:i:e~-e~-~ae 
S~a~e-Pe±:i:ee director. 
D. 
The 
Gh:i:e~--o-f--~Re-~-at-e--Pe±:i:ee director may issue only 
one special exempt raffle license per year, either under 
this subsection or subsection 7, to the same organization, 
department or class listed in subsection 6. 
Sec. T·39. 17 MRSA §332, sub.§I, as amended by PL 2001, c. 
538, §2, is further amended to read: 
1. 
Orqanizations eliqible. Notwithstanding other provisions 
of law, 
the 
Gh:i:e~-~~-~-.s.t.-a.-t.-e--Pe±i:ee director may issue a 
license to operate a game of chance to an agricultural society 
eligible for the state stipend under Title 7, section 62, or to a 
bona fide nonprofit charitable, educational, political, 
c~v~c, 
recreational, fraternal, patriotic or religious organization, or 
to a volunteer fire department or to an auxiliary of any of these 
organizations, 
any 
of 
which 
must 
be 
founded, 
chartered 
or 
organized in this State for 
a 
period of 
not less 
than 
consecutive years before applying for a license. 
Sec. T·40. 17 MRSA §332, sub·§3·B, 1fA, as enacted by PL 1983, 
c. 705, §6, is amended to read: 
A. 
The Ghi:e~-~--t-h&-~-Pe±i:ee director may issue a game 
of chance license to operate an electronic video machine to 
any society or organization listed in subsection IT--wGi-eh. 
~ 
has been founded, chartered or organized in this State 
at least 2 years prior to its application for a license. 
Sec. T·41. 17 MRSA §333, as enacted by PL 1973, c. 735, §3, 
is amended to read: 
§333. 
Application 
HOUSE AMENDMENT 
HOUSE AMENDMENT 
L.D. 1614 
to COMMITTEE 
AMENDMENT 
"A" to H. P. 1l90, 
An application to operate or conduct a game of chance shall 
!!!.Yll be on forms provided by the 
bhi,eE-~:E---t-he--.s-t.a-t.~--Peli,ee 
director. 
Slieh The application shall must be signed by a duly 
authorized officer of the organization. 
It shall I!lY.§..t. contain 
the full name and address of the organization, a full description 
of the game of chance, the location where the game is to be 
conducted and any other information QeemeQ-Beeessa~y required by 
the 
bh~eE--o-f--ehe--St-at-e--Pel~ee director for the issuance of a 
license to operate a game of chance. An application to operate or 
conduct a 
game of chance shall l!l!!ll bear the consent of the 
municipal officers of the town or city in which slieh that game of 
chance is to be operated or conducted. 
Sec. T-42. 17 MRSA §334, as amended by PL 2001, c. 538, §3, 
is further amended to read: 
§334. Evidence 
The 
bh:ie~-~:E---t-he--.s-t.a-t.€--Pel~ee director may require such 
evidence as the ehieE director may determine necessary to satisfy 
the ehieE director that an applicant or organization licensed to 
conduct games of chance conforms to the restrictions and other 
prov~s~ons of this chapter. 
Charters, organizational papers, 
bylaws or other such written orders of founding that outline or 
otherwise explain the purpose for which such organization was 
founded, must, upon request, be forwarded to the 
bhie~--o-f--ehe 
Seat:-&-Pe-liee director. 
The 
bh~e{--o-f--~e--St-at-e--Peliee director 
may 
require 
of 
any 
licensee 
or 
of 
any 
person 
operating, 
conducting or assisting in the operation of a licensed game of 
chance ~ 
evidence 
as 
the 
eh~e~ director 
may 
determine 
necessary to satisfy the ehie{ director that the person is a duly 
authorized member of the licensee, or a person employed by the 
licensee as a bartender, as required by section 332, subsection 
2. 
Upon request, this evidence must be forwarded to the bhief-ef 
ehe--Seaee--Peliee director. 
The 
bhief--ef--ehe--Seaee--Peliee 
director may require such evidence as the ehief director may 
determine necessary regarding the conduct of games of chance by a 
licensee to determine compliance with this chapter. 
Sec. T-43. 17 MRSA §3SS, sub-§2-A,~, as enacted by PL 1993, 
c. 45, §7, is amended to read: 
B. 
Defray the expenses or part of the expenses of a member, 
auxiliary member, officer or employee of the organization 
for 
a 
serious illness, 
~nJury or casualty loss if the 
licensee makes an application pursuant to this section and 
the application is approved by the licensing division within 
the Bli~eali-ef-Seaee-Pel~ee bureau. 
Page l8-LR1999(3) 
HOUSE AMENDMENT 
HOUSE AMENDMENT ";I,, to COMMITTEE 
AMENDMENT "A" to H. P . 
L.D. 1614 
1190, 
(1) 
An 
application must be 
made 
in the 
form 
and 
contain the information the licensing division requires. 
(a) 
In the case of serious illness or injury, the 
licensing division may require certification by a 
licensed physician in support of the application. 
(b) 
In the case of a casualty loss, the licensing 
division may require statements or reports from a 
law enforcement agency, rescue or other emergency 
services 
personnel 
or 
an 
insurance 
agency 
to 
support the application. 
(c) 
The 
licensing 
division 
may 
deny 
an 
application if it appears that the person who 
would receive the proceeds has adequate means of 
financial support, including, but not limited to, 
insurance or workers' compensation benefits. 
Sec. T-44. 17 MRSA §335, sub-§3, as enacted by PL 1989, c. 
825, §3, is amended to read: 
3. 
Rules. 
The 
baie~--of--~ae--st-at.-e--P9*iee director shall 
adopt rules in accordance with the Maine Administrative Procedure 
ActT-*i~*e-5T-eaap~eF-6+5 to carry out this section. 
Sec. T-45. 17 MRSA §336, sub-§I-B, as enacted by PL 2001, c. 
672, §11, is amended to read: 
I-B. 
Records required for licensee employing tokens. 
If a 
licensee employs tokens to account for revenue from games of 
chance and if the licensee maintains direct control over the sale 
and redemption of the tokens and keeps accurate records of all 
tokens used, then the eaie~ director may by rule alter or reduce 
the record-keeping requirements' of subsection 1 to the extent 
that a licensee's use of tokens renders those records unnecessary 
for adequate control of the licensee's games. 
Sec. T -46. 17 MRSA §336, sub-§2, as amended by PL 1999, c. 63, 
§2, is further amended to read: 
2. 
Disposition of funds reports. 
Within 10 business days 
after the last day of any period during which a licensed game of 
chance is conducted with other than an annual license or within 
business days after the end of each calendar month during 
which a 
licensed game of chance is conducted with an annual 
license, the licensee shall file with the 
baief--{}-{..--t.ee--S~a1:e 
P9±iee director 
a 
disposition of 
funds 
form 
prescribed and 
furnished by the baief--of--1:ae--St-at-e--Peliee director, detailing 
for the period the total receipts and expenditures of the game 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "4,, to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
. 
and the disposition of funds. 
Every statement must be made under 
oath by an officer of the licensee or by the member in charge of 
the conduct of the game. 
Sec. T-47. 17 MRSA §336, sub-§2-A, as repealed and replaced by 
PL 2001, c. 672, §12, is amended to read: 
2-A. 
Disposition of funds 
reports 
from licensee using 
tokens. 
If tokens are employed to account for revenue from games 
of chance, then the licensee shall report the number of tokens 
sold, the number redeemed and the disposition of funds from the 
proceeds of sale in addition to such other information as the 
ehie~ director may require under subsection 2. 
Sec. T-48. 17 MRSA §336, sub-§4, as enacted by PL 1977, c. 
350, §6, is amended to read: 
4. 
Location. 
All 
records whieh--shall 
required to 
be 
maintained by a licensee pursuant to this section and pursuant to 
the rules and regulations adopted under this chapter shall ~ 
be kept and maintained on the premises where the game of chance 
has been conducted or at the primary business office of the 
licensee, which office shall ~ 
be designated by the licensee 
in the license application. 
All these records shall ~ 
be open 
to inspection by the 
bhie:&--&€--t:-be--S~a1::&-Pel,iee director or his 
the director's representative and Re 
~ licensee saall may not 
refuse 
the 
bhie~--e~--ehe--Seaee--Peliee director or his ~ 
director's representative the right to inspect or audit the 
records. 
Refusal to permit inspection or audit of the records 
shall ~ 
not constitute a crime under this chapter but shall 
~ 
constitute grounds for revocation of license. 
Sec. T-49. 17 MRSA §336-A, sub-§§1 and 2, as enacted by PL 
1977, c. 350, §7, are amended to read: 
1. 
Sales agreements. Each distributor shall forward to the 
bhie~--of--ehe--st.-at-e--Pe*,iee director, prior to delivery of any 
gambling 
machine 
to 
the 
purchaser, 
a 
copy 
of 
all 
sales 
agreements, sales contracts or any other agreements involving the 
sale of any gambling machine. The terms of the sales contract 
shall ~ 
include, but are not :Be 
limited to, the name of 
seller, 
name 
of 
purchaser, 
address 
of 
seller, 
address 
of 
purchaser, description of the gambling machine including serial 
number 
and 
model 
name 
and 
number, 
total 
sale 
price, 
any 
arrangement or terms for payments and the date of final payment. 
Any change, modification or alteration of these agreements saa** 
must be reported to the bh,ie~-e~-eae-Seaee-Pel,iee director by the 
purchaser within 6 days of the change, modification or alteration. 
HOUSE AMENDMENT 
HOUSE AMENDMENT • .g" to COMMITTEE 
AMENDMENT "A" 
L.D. 1614 
to H. P. 
1190, 
2. 
Service aqreements. 
With the 
sale of 
any gambling 
machine 
involving a 
service agreement, 
the distributor shall 
forward to the 
GJaie~-*--t:-he--&t;.a.t;e.-Peliee director a copy of the 
agreement prior to delivery of the machine. 
The terms of the 
service agreements sJaall ~ 
include, but ~ 
not ae limited to, 
the name of seller, name of purchaser, address of seller, address 
of purchaser, description of machine to be serviced, including 
serial number and model 
name 
and number 
and all prices and 
payments for that service. 
Any change, modification or alteration of the agreement sJaall 
~ 
be reported to the GJaie~-e~-~Jae-S~a~e-Pe~iee director by the 
purchaser within 6 days of the change, modification or alteration. 
Sec. T-50. 17 MRSA §336-A, sub-§2-A, as enacted by PL 1999, c. 
716, §6, is amended to read: 
2-A. 
Agricultural societies; lease agreements. 
When 
a 
gambling apparatus or implement is leased as provided in section 
to an agricultural society, the distributor shall forward to 
the 
GJaieE-~~--t:-he--~a~~-Peliee director a 
copy of the lease 
agreement 
prior 
to 
delivery 
of 
the 
gambling 
apparatus 
or 
implement. 
The terms of the lease must include, but are not 
limited to, the name of the lessor; address of the lessor; name 
of the lessee; address of the lessee; description of the gambling 
apparatus or implement; serial number, model name or number of 
the gambling apparatus or implement; and all prices and payments 
for the lease. 
Each lease must be for a specific period of time 
no longer than the duration of the annual fair of that lessee, 
and each gaming apparatus must have its own separate lease. 
Gambling apparatus or implements leased under this section: 
A. 
May only be operated for the exclusive benefit of the 
agricultural society, except for leased amounts subject to 
the 
prov~s~ons of section 337 
amounts 
for the gambling 
apparatus or implements may be paid to the distributor for 
the lease; and 
B. 
Must bear the name and address of the distributor. 
Sec. T -51. 17 MRSA §336-A, sub-§§3 and 4, as enacted by PL 
1977, c. 350, §7, are amended to read: 
3. 
Reports. 
At the end of each calendar month, 
every 
distributor and printer shall file with the 
GJaie~-«--t:he--S~a~e 
Peliee director a report wJaieJa-s~all that must indicate: 
A. 
The names and addresses of all persons 
to 
which 
the 
distributor 
or 
printer 
equipment and the dates of the distribution; 
or organizations 
has 
distributed 
HOUSE AMENDMENT 
HOUSE AMENDMENT "/J,, to COMMITTEE 
AMENDMENT "A" to H. P. 
L.D. 1614 
1190, 
B. 
A description of the equipment distributed, including 
serial number and model name and number; and 
C. 
The quantities of any equipment distributed. 
4. 
Retention and inspection of records. Each distributor 
and printer shall maintain and keep for a period of 3 years, on 
the premises of the distributor or printer, any records that may 
be necessary to substantiate the reports required by this section 
or by the rules 
aBEl-.£e~~Jat4eBs adopted under this chapter. All 
distributor's 
and printer's 
records 
shall 
must 
be 
open 
to 
inspection and Be g licensee shall m~ not refuse the Ghie:&-ef 
the--St.-at-e--Peliee director or his the director's representative 
the right to inspect or audit the records. Refusal to permit 
inspection or audit of the records shall ~ 
not constitute a 
crime under this chapter but shall ~ 
constitute grounds for 
revocation of license. 
Sec. T -52. 17 MRSA §337, first 1[, as amended by PL 1999, c. 
716, §7, is further amended to read: 
A distributor may not sell, lease, 
market or otherwise 
distribute gambling apparatus or implements unless licensed by 
the Ghief-~-~~~~-Peliee director, except that a license is 
not required for the sale, marketing or distribution of raffle 
tickets when the holder of the winning chance receives something 
of value worth less than $10,000. 
Sec. T-53. 17 MRSA §337, 4th 1[, as amended by PL 1989, c. 254, 
§4, is further amended to read: 
Every licensee shall acquire all gambling apparatus 
and 
implements from a distributor licensed under this section, unless 
that gambling apparatus or implements are printed, manufactured 
or constructed by the licensed organization. At no time may any 
licensee print, manufacture or construct any gambling implements 
or 
apparatus 
for 
distribution 
to 
any 
other 
licensee. 
The 
applicant for a distributor's license, or if the applicant is a 
firm, 
corporation, 
association" 
or 
other 
organization, 
its 
resident manager, superintendent or official representative shall 
file an application with the Ghief-~-~-he--S1:a~-Pel4ee director 
on forms furnished by the Ghief-ef-the-State-PeJiee director. The 
Ghief--e-f--t-he--St:-a~-Peliee director shall furnish each applicant 
with a current copy of this chapter and the rules adopted under 
section 343. The Ghief-ef-the-State-PeJiee director shall furnish 
each licensee with a copy of any changes or additions to this 
chapter and the rules adopted under section 343. 
Sec. T-54. 17 MRS A §338, as amended by PL 1989, c. 254, §5, 
is further amended to read: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT ,,11, to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1190, 
L.D. 1614 
If 
§338. Printer 
Ne A Maine printer may not print materials to be used in the 
conduct of a licensed game of chance unless licensed by the ~hief 
ef--~-~~~-Peliee director. 
A printer licensed under this 
section may act as a distributor without having to be licensed as 
a distributor providing neither the printer nor anyone in the 
printer's behalf acts as a seller for services connected with a 
game of chance outside of the confines of the printer's premises 
described in that printer's license. If that printer or someone 
else acts as a seller for the printer's services in connection 
with a game of chance outside of the premises described in that 
printer's license, either that printer or any person or persons 
acting in that printer's behalf must be licensed as a distributor. 
The applicant for a printer's license, or if the applicant 
is a firm, corporation, association or other organization, its 
resident manager, superintendent or official representative shall 
file an application with the 
~hief-.g.f--t-he--SQt;e.-PeJ:iee director 
on forms furnished by the ~hie~-ef-Ehe-SEaEe-Peliee director. The 
~hief-.g.f--t.-he--St.a-t;e.-PeJ:iee director shall furnish each applicant 
wi th a current copy of this chapter and the rules adopted under 
section 343. The ~hie~-ef-Ehe-SEaEe-Peliee director shall furnish 
each licensee with a copy of any changes or additions to this 
chapter and the rules adopted under section 343. 
Sec. T-55. 17 MRSA §338-A, sub-§I, as enacted by PL 1985, c. 
93, §3, is amended to read: 
1. 
Investigation. The 
~hief--of'--Ehe--St:-at-e--PeJ:iee director 
shall investigate or cause to be investigated all complaints made 
to him the bureau and all violations of this chapter or the rules 
adopted pursuant to section 343. 
Sec. T-56. 17 MRSA §338-A, sub-§2, 1[B, as enacted by PL 1985, 
c. 93, §3, is amended to read: 
B. 
The distributor or printer or its resident manager, 
superintendent 
or 
official 
representative 
violated 
any 
provision of this chapter or any rule adopted by the ~hief 
ef-Ehe-SEaEe-PeJ:iee director under section 343. 
(1) 
Except as provided in subparagraph (2), the ~hief 
ef--t.*--&t-at-e--PeJ:iee director shall give written notice 
of any violation to the distributor or printer.... who 
then has 14 days to comply. Failure to comply within 
the l4-day period is grounds for an action under this 
section. 
HOUSE AMENDMENT 
HOUSE AMENDMENT "g,. to COMMITTEE 
AMENDMENT 
"A" to H. P . 
L.D. 1614 
1190, 
(2) 
If a distributor or printer violates section 337 
or 338.L. the 
bhie~--E>-f--t-he--S&a-1:e--Pe;J,iee director is not 
required to give the notice or allow the compliance 
period provided in subparagraph (1). 
Sec. T-57. 17 MRSA §341, sub-§4, as amended by PL 2001, c. 
538, §4, is further amended to read: 
4. 
Games conducted at agricultural fairs by members of 
agricultural society or bona fide nonprofit. 
Beginning January 
1, 2002, games of chance operated and conducted solely by members 
of an agricultural fair society or games of chance operated and 
conducted by members of bona fide nonprofit organizations on the 
grounds of the agricultural society and during the annual fair of 
the agricultural society may use cash, tickets, tokens or other 
device approved by the bhie~-e~-ehe-Seaee-Pe;J,iee director by rule. 
Notwithstanding any other provision of this section, the tickets, 
tokens or other device approved by the bhie~-~--t~~&a-1:e--Peliee 
director must be unique to the agricultural society and may be in 
denominations of 25¢, 50¢ or $1. 
The tickets, tokens or device 
approved by the bhi-ef.--E>-f--t-he--S&a-1:e--Pe;J,4ee director may be sold 
and redeemed only by a person who has been a member or acti ve 
volunteer of 
the agricultural 
society for 
at least 
fair 
seasons. 
The agricultural society has the burden of proof for 
demonstrating the qualification of members or active volunteers. 
Sec. T-58. 17 MRS A §342, as amended by PL 1975, c. 410, §3, 
is further amended to read: 
§342. Reports 
The bhief-«--&he--St-a-t+-Peliee director shall require from 
any licensed printer or distributor, or from any organization 
authorized to operate a game of chance, whatever reports he-seems 
the 
director 
considers 
necessary 
for 
the 
purpose 
of 
the 
administration and enforcement of this chapter. 
Sec. T-59. 17 MRSA §343, first" as amended by PL 1997, c. 
684, §7, is further amended to read: 
The bhief--o-f--ehe--St:-at+-Pe;J,4ee director has the power to 
adopt rules, not inconsistent with law, whieh ~ 
are necessary 
for the administration and enforcement of this chapter and for 
the licensing, conduct and operation of games of chance. The 
ehief.-e~-ehe-Seaee-Pe;J,iee director has the power and authority to 
regulate, 
supervise 
and 
exercise 
general 
control 
over 
the 
operation of such games. In establishing such rules, the bhief.-e~ 
ehe-S~a~e-Pe;J,4ee director must, in addition to the standards set 
forth in other provisions of this chapter, use the following 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
,,~, to COMMITTEE 
AMENDMENT 
.. A" 
standards 
setting 
forth 
considered undesirable. 
conduct, 
conditions 
to H.P. 1190, 
and 
activity 
Sec. T-60. 17 MRSA §343, last 1f, 
as enacted by PL 1995, c. 
674, §3, is amended to read: 
The 
~Rie~-~~-~~-~~~-Pe*iee director shall provide 
a 
mechanism 
for 
individuals 
and 
businesses 
to 
request 
a 
determination from the 
S~a~e--Peliee director as to whether a 
particular game, contest, scheme or device qualifies as a game of 
chance or a game of skill. 
Sec. T-61. 17 MRSA 343-A, as amended by PL 2001, c. 342, §4, 
is further amended to read: 
§343-A. 
Investiqations; actions on licenses 
1. Director. 
The ~Rie~-e€-~Re-S~a~e-Pe*iee director may: 
A. 
Investigate a1l aspects of this chapter including the 
direct and indirect ownership or control of any licenses; 
B. 
Suspend, 
revoke or refuse to issue a license, after 
notice and the opportunity for a hearing, if the applicant, 
applicant's agent or employee, licensee or licensee's agent 
or employee violates a provision of this chapter or Title 
l7-A, chapter 39 or fails to meet the statutory requirements 
for licensure pursuant to this chapter; 
C. 
Immediately suspend or revoke a 
license if there is 
probable 
cause 
to 
believe 
that 
the 
licensee 
or 
the 
licensee's 
agent 
or 
employee 
violated 
section 
332, 
subsection 3-A or 3-B, paragraph C or a provision of Title 
l7-A, chapter 39; and 
D. 
Issue a 
subpoena in the name of the State Police in 
accordance with Title 5, 
section 9060, 
except that this 
authority applies to any stage of an investigation under 
this chapter and is not limited to an adjudicatory hearing. 
This authority may not be used in the absence of reasonable 
cause to believe a violation has occurred. 
If a witness 
refuses to obey a subpoena or to give any evidence relevant 
to proper inquiry by the chief, the Attorney General may 
petition the Superior Court in the county where the refusal 
occurred to find the witness in contempt. 
The Attorney 
General shall cause to be served on that witness an order 
requiring the witness to appear before the Superior Court to 
show 
cause 
why 
the witness 
should not 
be 
adjudged 
in 
contempt. 
The court shall, in a 
summary manner, hear the 
evidence and, if it is such as to warrant the court in doing 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
to COMMITTEE 
AMENDMENT 
"A" to H. P. 1190, 
so, punish that witness in the same manner and to the same 
extent as for contempt committed before the Superior Court 
or with reference to the process of the Superior Court. 
2. 
Licensing actions after notice and opportunity for 
hearing. 
The Ghie~-e~-~he-S~a~e-Peliee director shall notify the 
applicant or licensee in writing, before a license is denied, 
suspended or revoked pursuant to subsection 1, paragraph B, of 
the intended denial or commencement date of the suspension or 
revocation, which may not be made any sooner than 96 hours after 
the licensee's receipt of the notice, of the duration of the 
suspension or revocation and of the right to a hearing pursuant 
to this subsection. 
The applicant or licensee has the right to 
request a hearing before the Commissioner of Public Safety or the 
commissioner's 
designee. 
Upon 
the applicant's or licensee's 
request for a hearing, the Commissioner of Public Safety shall 
provide 
a 
hearing. 
The hearing must 
comply with the Maine 
Administrative Procedure Act. 
The purpose of the hearing is to 
determine whether a 
preponderance of the evidence establishes 
that the applicant, applicant's agent or employee, licensee or 
licensee's agent or employee violated a provision of this chapter 
or Title 17-A, chapter 39. 
A request for a hearing may not be 
made any later than 10 days after the applicant or licensee is 
notified of the proposed denial, suspension or revocation. 
The 
suspension or revocation must be stayed pending the hearing; the 
hearing may not be held any later than 30 days after the date the 
commissioner receives the request unless otherwise agreed by the 
parties or continued upon request of a party for cause shown. 
3. 
lDmediate suspension or revocation. 
A licensee whose 
license is immediately suspended or revoked by the 
Gh4e~--of--1::ee 
S~a1:e-Pel4ee director pursuant to subsection 1, paragraph C must 
be notified in writing of the duration of the suspension or 
revocation and the licensee's right to request a hearing before 
the 
Commissioner 
of 
Public 
Safety 
or 
the 
commissioner's 
designee. 
Upon 
the 
licensee's 
request 
for 
a 
hearing, 
the 
Commissioner of Public Safety shall provide 
a 
hearing. 
The 
hearing must comply with the Maine Administrative Procedure Act. 
The 
purpose 
of 
the 
hearing 
is 
to 
determine 
whether 
a 
preponderance of the evidence establishes that the licensee or 
the licensee's agent or employee violated section 332, subsection 
3-A or 3-B, paragraph C or a provision of Title 17-A, chapter 
39. 
A request for a hearing may not be made any later than 48 
hours 
after the licensee is notified of 
the 
suspension or 
revocation. 
A hearing may not be held any later than 10 days 
after the date the commissioner receives the request. 
Sec. T-62. 17 MRSA §345, as amended by PL 1997, c. 728, §8, 
is further amended to read: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "fr' to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
§345. Access to premises 
Any person, firm, corporation, association or organization 
making application to the 
~B.~e~--e-f--t.-he--St:a-t,e.-Pe;!,:i:ee director to 
conduct or operate a game of chance or any such person, firm, 
corporation, association or organization authorized under this 
chapter to operate or conduct a 
game of chance, shall permit 
inspection 
of 
any 
equipment, 
prizes, 
records 
or 
items 
and 
materials used or to be used in the conduct or operation of a 
game of chance by the 
~B.~e~--e-f--t.-he-~t:a-t,e.-Pe;!,~ee director or the 
eB.~e~~s director's authorized representative. 
Any firm, corporation, association or organization licensed 
to operate 
a 
game 
of 
chance shall permit at any 
time the 
);)epa!'~RleB~--<*--.p~.,i-€--Safe~y bureau or the city or town fire 
inspectors of the municipality in which the licensed game is 
being conducted to enter and inspect the licensed premises. 
Sec. T-63. 25 MRSA §2001, sub-§7, as enacted by PL 2001, c. 
459, §2, is amended to read: 
7. 
Permit issued by another state. 
A firearm carried by a 
person to whom a valid permit to carry a concealed firearm has 
been issued by another state if a permit to carry a concealed 
firearm issued from that state has been granted reciprocity. 
The 
~B.~ef-~~--t.-he--~-a-t.e--PeUee Director of the Bureau of Liquor, 
Gaming and Licensing may enter into reciprocity agreements with 2 
other states. 
Reciprocity may be granted to a permit to carry a 
concealed firearm issued from another state if: 
A. 
The other state that issued the permit to 
concealed firearm has substantially equivalent or 
requirements 
for 
the 
issuance of 
a 
permit to 
concealed firearm; and 
carry a 
stricter 
carry 
a 
B. 
The other state that issued the permit to carry a 
concealed firearm observes the same rules of reciprocity in 
regards to a person issued a permit to carry a concealed 
firearm under this chapter. 
Sec. T-64. 25 MRSA §2001-A is enacted to read: 
§2001-A. 
Bureau of Liquor, Gaming and Licensing 
For the purposes of this chapter, the bureau shall enforce 
the laws relating to concealed firearms permits. 
Sec. T-65. 25 MRSA §2002, sub-§l-B is enacted to read: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "/1,, to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1190, 
L.D. 1614 
1-B. 
Bureau. 
"Bureau" means the Bureau of Liguor, Gaming 
and Licensing. 
Sec. T-66. 2S MRSA §2002, sub-§2-A is enacted to read: 
2-A. 
Director. 
"Director" means the Director of the Bureau 
of Liguor, Gaming and Licensing. 
Sec. T-67. 2S MRSA §2002, sub-§9, as amended by PL 1997, c. 
360, §§2 and 3, is further amended to read: 
9. 
Issuing 
authority. 
"Issuing 
authority" 
means 
the 
following: 
A. 
To a legal resident of a municipality: 
(1) 
The mayor and municipal officers or councilors of 
a city, the municipal officers or councilors of a town 
or the assessors of a plantation or, if they so choose, 
their full-time chief of police as their designee; or 
(2) 
The 
bhie~--G-~--t.-be--S-t.a-t.e--Pel:iee director as the 
designee of the municipal officers under section 2002-A; 
B. 
To a resident of an unorganized territory: 
(1) 
The bhie~-e~-~he-S~a~e-Pel:iee director; 
C. 
To a nonresident: 
(1) 
The bhie~-e~-~he-S~a~e-Pel:iee director; and 
D. 
To 
a 
private investigator licensed under Title 32, 
chapter 89: 
(1) 
The bhie~-e~-~he-S~a~e-Pel:iee director. 
Sec. T-68. 2S MRSA §2002-A, as amended by PL 1993, c. 524, 
§4, is further amended to read: 
§2002-A. Assignment of authority 
The municipal officers of a municipality without a full-time 
chief of police may designate, if the bhie~-~-~~-S&a~-Pel:iee 
director 
agrees, 
the 
S~a~e--Peliee director 
as 
the 
issuing 
authority for that municipality. 
The designation must be made by 
written agreement with the 
bhie~--o-f--~he--St.-vt.~-Peliee director. 
The 
agreement must include provisions for termination of the 
agreement. 
During the term of an agreement, the 
S~a-t.e--P&l-i:ee 
director 
shall 
perform 
all 
the 
functions 
of 
the 
issuing 
HOUSE AMENDMENT 
BOUSE 
AMENDMENT "if" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1190, 
L.D. 1614 
authority, including suspension and revocation of permits. 
The 
S~ate--Pe~~ee--aFe director is entitled to 
receive 
any 
fees 
authorized for performing the functions of an issuing authority. 
The ~a~e~-~-~~~~-Pe~~ee director continues to serve as the 
issuing authority until the 
ea~e~ director receives from the 
municipal officers written notice of cancellation or revocation 
of the designation. 
Sec. T-69. 25 MRSA §2003, sub-§15, as enacted by PL 1993, c. 
524, §12, is amended to read: 
15. 
Duty of issuing 
application fees 
submitted 
subsection 1, paragraph E, 
following. 
authority; 
application fees. 
The 
by the 
applicant as 
required 
by 
subparagraph (4) are subject to the 
A. 
If the issuing authority is other than the ~aie~-e~-the 
State--Peliee director, 
$25 of the fee 
for 
an original 
application and $15 of the fee for a renewal must be paid 
over to the Treasurer of State. 
B. 
If the ~a~e~-e~-tae-State-Pe~iee director is the issuing 
authority as the designee of a municipality under section 
2002-A, $25 of the fee for an original application and $15 
of the fee for a renewal must be paid over to the Treasurer 
of State. 
C. 
If the ~a~e~-e~-the-State-Peliee director is the issuing 
authority because the applicant is either a resident of an 
unorganized territory or a nonresident, the application fee 
must be paid over to the Treasurer of State. 
The fee must 
be applied to the expenses of administration incurred by the 
S~ate-Pel~ee director. 
Sec. T -70. 25 MRSA §2901, as amended by PL 1999, c. 668, 
§114, is further amended to read: 
§290l. Department; commissioner 
There is created and established the Department of Public 
Safety to coordinate and efficiently manage the law enforcement 
and public safety responsibilities of the State, to consist of 
the 
Commissioner 
of 
Public 
Safety, 
in this 
chapter 
called 
"commissioner," who is appointed by the Governor, 
subject to 
review by the joint standing committee of the Legislature having 
jurisdiction over criminal justice matters and to confirmation by 
the Legislature, to serve at the pleasure of the Governor, and 
the following: 
the Bureau of State Police, the Bureau of Liquor 
ER~eFeeRleRt, Gaming and Licensing, the Office of the State Fire 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "~,, to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 1614 
1l90, 
Marshal, 
the 
Maine 
Criminal 
Justice 
Academy, 
the 
Bureau of 
Highway Safety and the Maine Drug Enforcement Agency. 
Sec. T-71. 25 MRSA §2902, sub-§3, as amended by PL 2001, c. 
559, Pt. KK, 
§4, is repealed and the following enacted in its 
place: 
3. 
Bureau of Liquor. Gping and Licensing. 
The Bureau of 
Liquor, Gaming and Licensing, which is under the direction of the 
Director of Liquor, Gaming and Licensing: 
Sec. T-72. 25 MRSA Pt. 10, as amended, is repealed. 
Sec. T-73. 28-A MRSA §2, sub-§2-B is enacted to read: 
B. 
Beano and Games of Chapce Diyision. 
"Beano and Games 
of 
Chance 
Division" 
means 
the division of 
the bureau that 
administers Title 17, chapters 13-A and 14. 
Sec. T-74. 28-A MRSA §2, sub-§6, as amended by PL 1993, c. 
730, §4, is repealed and the following enacted in its place: 
6. 
Bureau. 
"Bureau" means the Bureau of Liquor, Gaming and 
Licensing, which includes the Liquor Licensing and Tax Division, 
the Beano and Games of Chance Division and the Licensing Division 
within the Department of Public Safety. 
Sec. T-75. 28-A MRS A §2, sub-§8-A, as amended by PL 1997, c. 
373, §12, is repealed. 
Sec. T-76. 28-A MRSA §2, sub-§10-B is enacted to read: 
10-B. 
Director. 
"Director" 
means 
the Director of the 
Bureau of Liquor, Gaming and Licensing. 
Sec. T-77. 28-A MRSA §2, sub-§14-A is enacted to read: 
A. 
Licensing Division. 
"Licensing Division" means the 
division of the bureau that administers the laws of Title 15, 
chapter 15: Title 25, chapter 252: and Title 32, chapters 89 and 
.2L. 
Sec. T-78. 28-A MRSA §82, as amended by PL 1999, c. 547, Pt. 
B, §78 and affected by §80, is further amended by repealing the 
headnote and enacting the following in its place: 
§S2. 
Bureau of Liquor. Gaming and Licensing 
Sec. T-79. 28-A MRSA §82, sub-§l, as enacted by PL 1997, c. 
373, §28, is amended to read: 
HOUSE AMENDMENT 
HOUSE AMENDMENT "if to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
1. 
General supervl.sl.on. 
Enforce the laws relating to the 
manufacture, importation, storage, transportation and sale of all 
liquor and administer those laws relating to licensing and the 
collection of taxes on malt liquor and wine. 
The bureau also 
shall enforce the laws relating to the issuance of firearms 
permits for prohibited persons pursuant to Title 15, chapter IS: 
enforce the laws relating to the licensing and conduct of beano 
and games of chance pursuant to Title 17, chapters 13-A and 14: 
enforce the laws relating to the issuance of concealed firearms 
permits pursuant to Title 25. chapter 252: and enforce the laws 
relating to the issuance of licenses for private investigators 
and private security guards pursuant to Title 32. chapters 89 and 
.2.3.; 
Sec. T-SO. 2S-A MRSA §S2, sub-§5, as amended by PL 1997, c. 
571, §1, is further amended to read: 
5. 
Appeals. 
Review all appeals 
from the decisions of 
municipal 
officers. 
The 
eaie€ 
director 
may 
conduct 
appeal 
hearings 
or 
appoint 
a 
hearings 
officer 
to 
conduct 
appeal 
hearings. 
Except as provided in section 805, the decision of the 
eaie€ director is final. 
The eaie€ director or the hearings officer may conduct hearings 
in any licensing matter pending before the bureau. 
If a hearings 
officer conducts the hearing, the hearings officer, after holding 
the hearing, shall file with the bureau all papers connected with 
the case and report the findings to the 9aie€ director. 
The 
eaie€ director shall render 
a final decision based upon the 
record of the hearing. 
The eaie€ director or the hearings officer may administer oaths 
and issue subpoenas for witnesses and subpoenas duces tecum to 
compel the production of books and papers relating to any license 
question in dispute before the bureau or to any matter involved 
in a hearing. 
Witness fees in all proceedings are the same as 
for witnesses before the Superior Court and must be paid by the 
bureau, except that, notwithstanding Title 16, section 253, the 
bureau is not required to pay the fees before the travel and 
attendance occur; 
Sec. T-Sl. 2S-A MRSA §161, sub-§7, as enacted by PL 1987, c. 
45, Pt. A, §4, is amended to read: 
7. 
Right of access. 
Every bottle club shall allow lif!l:lel' 
eB~el'eemeB~-~~~~~~~-e~ael' law enforcement officers to enter 
the premises at reasonable times for the purpose of investigating 
compliance with this Title. 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "n· to COMMITTEE 
AMENDMENT 
L.D. 1614 
"A" to H. P. 1190, 
A. 
Entry into the premises under this subsection must be 
conducted in a reasonable manner so as not to disrupt the 
operation of the bottle club. 
B. 
The 
investigation 
must 
be 
limited 
to 
involved 
in 
the 
actual 
operation 
of 
the 
including storage areas. 
those 
bottle 
areas 
club, 
Sec. T -82. 28-A MRSA §714, sub-§3, 1J~'A and B, as amended by PL 
1993, c. 730, §35, are further amended to read: 
A. 
Every 
keg 
of malt 
liquor offered for 
sale 
by 
an 
eii-p~em~se off-premises retail licensee must be tagged in a 
manner and with a 
label approved by the 
es.~ei director 
identifying the keg. 
The tag must be supplied for each keg, 
without fee, by the wholesaler or small brewer of the keg. 
B. 
The retail seller of the keg shall complete a 
form 
designed and approved by the 
es.~ei director and affix the 
label to each keg supplied to the retail seller by the 
distributor of the keg. 
The 
form 
must 
be printed and 
distributed, without fee, by the wholesaler or small brewer 
of the keg. 
The form must include the name, address and 
date of birth of the purchaser and the identification number 
of the keg. 
The form must summarize the requirements of 
this section, the penal ties for violating any provision of 
this section and the penalties for providing alcohol to a 
minor. 
The seller shall retain the form as a record subject 
to chapter 31. 
Sec. T-83. 28-A MRSA §803, sub-§l, as amended by PL 1997, c. 
373, §76 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is 
further amended to read: 
1. 
Violation of law or rule. 
Upon discovering a violation 
of federal or state law, rule or regulation relating to liquor, 
or an infraction of a rule adopted by the bureau, the 
es.~ei 
director, or the es.~ei~s director's designee, shall: 
A. 
Report the violation to the District Court Judge in a 
signed complaint; or 
B. 
Issue warnings to the licensees involved. 
Sec. T-84. 28-A MRSA §803, sub-§6, as amended by PL 1997, c. 
373, §79 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is 
further amended to read: 
6. 
Warnings. 
Upon the written recommendation of the 
es.~ei 
director, or the 
es.~ei~s director's designee, the District Court 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT ,,~. to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
Judge, instead of notifying a licensee against whom a complaint 
is pending to appear 
for 
hearing, 
may 
send the licensee 
a 
warning. Warnings must be sent by registered or certified mail 
and contain a 
copy of the complaint. 
A licensee to whom 
a 
warning is sent may demand a hearing by notifying the District 
Court Judge by registered or certified mail within 10 days from 
the date the warning was mailed. 
Sec. T·S5. 2S·A MRSA §lOOl, sub·§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §6, is further amended to read: 
A. 
Full-time (one year) .•..•.••..••••. $--9QQ $1,026. 
Sec. T·S6. 2S·A MRSA §l002, sub·§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §7, is further amended to read: 
A. 
Full-time (one year) •......•.•.•••. $lTIQQ $1,254. 
Sec. T·S7. 2S·A MRSA §l003, sub·§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §8, is further amended to read: 
A. 
Full-time (one year) ••••••••••••••• $--99Q ~. 
Sec. T-SS. 2S·A MRSA §l004, sub·§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §9, is further amended to read: 
A. 
Full-time (one year) .......•••••.•• $--66Q $251. 
Sec. T·S9. 2S·A MRSA §l005, sub·§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §10, is further amended to read: 
A. 
Full-time (one year) ......••••••... $--66Q~. 
Sec. T·90. 2S·A MRSA §l006, sub·§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §11, is further amended to read: 
A. 
Full-time (one year} .••............ $--499 ~. 
Sec. T·91. 2S·A MRSA §l007, sub-§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §12, is further amended to read: 
A. 
Full-time (one year) ........•...••. $--6QQ~. 
Sec. T·92. 2S·A MRSA §lOOS, sub.§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §13, is further amended to read: 
A. 
Full-time (one year) ......••.•.•..• $--6QQ ~. 
Sec. T·93. 2S·A MRSA §l009, sub·§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §14, is further amended to read: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "11,, to COMMITTEE 
AMENDMENT 
"A." to H.P. 1190, 
L.D. 1614 
f1 
A.. 
Full-time (one year) .••..•••.•....• $--6QQ $228. 
Sec. T-94. 28-A MRS A §1010, sub-§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §15, is further amended to read: 
A.. 
Full-time (one year) •...•••......•.•• $--6QQ $228. 
Sec. T-95. 28-A MRSA §1011, sub-§2, ~A, as amended by PL 1993, 
c. 410, Pt. ZZ, §16, is further amended to read: 
A.. 
Full-time (one year) ...••.....•..• $6r6QQ $2,508. 
Sec. T-96. 28-A MRSA §lOll-A, sub-§2, as enacted by PL 1993, 
c. 410, Pt. ZZ, §17, is amended to read: 
2. 
Fees. 
The fee for a Class XI license is $;I,reQQ $1. 710 
(one year). 
Sec. T-97. 28-A MRSA §1012, sub-§l, ~A, as amended by PL 1987, 
c. 151, §1, is further amended to read: 
A.. 
The 
license 
fee 
for 
each 
. . . . . . . . . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . $---SQ 
license 
£5.1. • 
is 
Sec. T-98. 28-A MRS A §1012, sub-§3, ~A, as amended by PL 1987, 
c. 623, §13, is further amended to read: 
A.. 
The 
license fee per calendar day of 
the event or 
gathering is ••.•.•••••....••••..•.• $;I,Q £l!. 
Sec. T-99. 28-A MRSA §1052, sub-§2, as amended by PL 1987, c. 
342, §76, is further amended to read: 
2. 
Fee. 
The license fee for the 
9~~-pFefRise off-premises 
catering license is $;I,Q .til. per calendar day of the event or 
gathering. 
Sec. T-IOO. 28-A MRSA §1502, sub-§l, as amended by PL 1991, c. 
376, §54, is further amended to ~ead: 
1. 
Fee. 
The annual license fee is $eQ £5.1.. 
Sec. T-IOI. 28-A MRSA §1551, as amended by PL 1991, c. 376, 
§55, is further amended to read: 
§ISSI. Fees for nonretail licenses 
1. 
Certificate 
of 
approval. 
The 
license 
fees 
for 
certificates of approval are: 
HOUSE AMENDMENT 
Il 
HOUSE 
AMENDMENT "H" to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
A. 
For malt liquor (one year) ....•.••••.•. $aQQ ~; and 
B. 
For wine (one year) ....••.•.....•••..•• $eQQ ~. 
2. 
Wholesale licenses. 
The 
license 
fees 
for 
wholesale 
licenses are: 
A. 
For the sale of malt liquor (one year) .. 
$aQQ $684; 
B. 
For 
the 
storage 
of 
malt 
liquor 
(one 
month) .. 
•••••••••••••••••••••••••••••••••••••••••••• • $§Q .i..5.1: 
C. 
For the sale of wine (one year) •.•.••.. $aQQ~; and 
D. 
For the storage of wine (one month) •• $---eQ~. 
3. 
In-state manufacturers. The license fees for in-state 
manufacturer licenses are: 
A • 
Distiller, 
includes 
bottling 
(one 
year) .••... 
............................................. $1,000; 
B . 
Brewery, 
includes 
bottling 
(one 
year) .•.•.• 
............................................ . $1,000: 
C. 
Rectifier, 
includes 
bottling 
(one 
year) .••... 
............................................. $1,000; 
D . 
Bottler 
only 
(one 
year) ............. . 
............................................ $1,000; 
E • 
Winery, 
includes 
bottling 
(one 
year) ...••• 
............................................. $1,000: 
F. 
Maine 
farm 
winery, 
includes 
bottling 
(one 
year) ..................................•.•... $50; and 
G. 
Small 
Maine 
brewery, 
includes 
bottling 
(one 
year) .................•.........•....•..•.. $50. 
4. 
Sales 
representatives. 
The 
fees 
for 
sales 
representatives are as follows: 
A. 
Sales representative of manufacturer or certificate of 
approval holder (one year) •••••..••.••••••.••..••••. $eQ .i..5.1. 
5. 
Other fees. The fees for the following are: 
A • 
Filing 
fee 
for 
license 
application ...••. 
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • $;bQ lll: and 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
" ft· to COMMITTEE 
AMENDMENT 
"A" to H. P • 
L.D. 1614 
B. 
Filing fees for registering label: 
1190, 
(1) 
Original registration ...••....•••••..•• $19 ill: 
(2) 
Change of label ..•....••...•••. $l: and 
(3) 
Annual 
renewal 
of 
label 
registration ••. 
.......................................... . $1. 
Sec. T-I02. 29-A MRSA §2054, sub-§l, 1JB, as amended by PL 
2001, c. 360, §5, is further amended to read: 
B. 
"Authorized emergency vehicle" means anyone of the 
following vehicles: 
(1) 
An ambulance: 
(2) 
A Baxter State Park Authority vehicle operated by 
a Baxter State Park ranger; 
(3) 
A Bureau of Marine Patrol vehicle operated by a 
coastal warden; 
(4) 
A Department of Conservation vehicle operated by a 
forest ranger; 
(5) 
A 
Department of Conservation vehicle used for 
forest fire control; 
vehicle 
used 
for 
performing 
the 
juvenile client 
(6) 
A 
Department of Corrections 
responding 
to 
the 
escape 
of 
or 
high-security transfer of a prisoner, 
or juvenile detainee; 
(7) 
A 
Department of Inland Fisheries and Wildlife 
vehicle operated by a warden; 
(8) 
A Department of Public Safety vehicle operated by 
a 
li~~e~ law enforcement officer of the Bureau of 
Liquor, 
Gaming 
and 
Licensing, 
a 
capital 
security 
officer appointed pursuant to Title 25, section 2908, a 
state fire investigator or a 
Maine Drug Enforcement 
Agency officer; 
(9) 
An emergency medical service vehicle; 
(10) 
A fire department vehicle; 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT ";t,, to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
n' 
(11) 
A hazardous material response vehicle, including 
a 
vehicle designed to respond to 
a 
weapon of mass 
destruction; 
(12) 
A railroad police vehicle; 
(13) 
A sheriff's department vehicle; 
(14) 
A State Police or municipal police department 
vehicle; 
(15) 
A 
sheriff 
sheriff; 
vehicle operated by 
or a 
deputy sheriff 
a 
chief of police, 
a 
when authorized by the 
(16) 
A vehicle operated by a municipal fire inspector, 
a municipal fire chief, an assistant or deputy chief or 
a town forest fire warden; 
(17) 
A vehicle operated by a qualified deputy sheriff 
or 
other 
qualified 
individual 
to 
perform 
court 
security-related functions and services as authorized 
by the State Court Administrator pursuant to Title 4, 
section 17, subsection 15; or 
(18) 
A 
Federal 
Government 
vehicle 
operated 
by 
a 
federal law enforcement officer. 
Sec. T-I03. 32 MRSA §8102, as enacted by PL 1981, c. 126, §2, 
is amended to read: 
§8102. 
Purpose 
It is the purpose of this chapter to regulate any person, 
firm, corporation or other legal entity engaging in the business 
of private investigating. 
For the purposes of this chapter, the 
bureau shall enforce the laws relating to private investigators. 
Sec. T-I04. 32 MRSA §8103, sub-§l, as amended by PL 2001, c. 
298, §1, is repealed. 
Sec. T-IOS. 32 MRSA §8103, sub-§§l-A and I-B are enacted to 
read: 
I-A. 
Bureau. 
"Bureau" means the Bureau of Liquor, Gaming 
and Licensing. 
1-B. 
Director. 
"Director" 
means 
the 
Director of 
the 
Bureau of Liquor, Gaming and Licensing. 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "Ik to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
(I"" 
Sec. T-I06. 32 MRSA §Sl04, sub-§l, as enacted by PL 1981, c. 
126, §2, is amended to read: 
1. 
License. 
Ne 
A 
person 
may 
nQt 
act 
as 
a 
private 
investigator 
without 
first 
obtaining 
from 
the 
eeMmissieRe~ 
director a license to be a private investigator or investigative 
assistant. 
Sec. T-I07. 32 MRSA §Sl05, sub-§4, as amended by PL 1995, c. 
694, Pt. D, §56 and affected by Pt. E, §2, is further amended to 
read: 
4. 
Character. Has demonstrated good moral character and has 
not been convicted of a 
crime ws.ies. .tl:J&t. is punishable by a 
maximum term of imprisonment equal to or exceeding one year, or a 
crime enumerated in this chapter. The determination of good moral 
character ss.aH: ~ 
be made in writing, based upon evidence 
recorded by 
a 
governmental entity. 
The 
eeMmissieRe~ director 
shall consider matters recorded within the previous 
years 
including, but not limited to, the following: 
A. 
Records of incidents of abuse by the applicant of family 
or 
household 
members 
provided 
pursuant 
to 
Title 
19-A, 
section 4012, subsection 1; 
B. 
Records provided by the Department of Human Services 
regarding the failure of the applicant to meet child or 
family support obligations; 
C. 
Records of 3 or more convictions of the applicant for 
Class D or E crimes; 
D. 
Records of 3 or more civil violations by the applicants; 
or 
E. 
Records that the applicant has engaged in recklessness 
or 
negligence 
that 
endangered 
the 
safety 
of 
others, 
including the use of weapons or motor vehicles; 
Sec. T-IOS. 32 MRSA §Sl05, sub-§5, as amended by PL 2001, c. 
298, §2, is further amended to read: 
5. 
Application. Submits an application which contains the 
following: 
A. 
Full name; 
B. 
Full current address and addresses for the prior 5 years; 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT ,,/f.. 
L.D. 1614 
to COMMITTEE 
AMENDMENT "A" to H. P. 1190, 
C. 
The date and place of birth, height, weight and color of 
eyes; 
D. 
A statement granting the ehief--ef--peliee director 
authority 
to 
check 
the 
criminal 
records 
of 
any 
law 
enforcement agency. The applicant must agree to submit to 
having his the applicant's fingerprints taken by the issuing 
authority if it becomes necessary to resolve any question as 
to his the applicant's identity; and 
E. 
Answers to the following questions: 
(1) 
Are you currently under indictment or information 
for 
a 
crime 
for 
which 
the 
possible 
penalty 
is 
imprisonment for a period equal to or exceeding one 
year? 
(2) 
Have you ever been convicted of a crime for which 
the possible penalty was 
imprisonment for 
a 
period 
equal to or exceeding one year? 
(3) 
Are you a fugitive from justice? 
(4) 
Are 
you 
an 
unlawful 
user 
of or addicted to 
marijuana or any other drug? 
(5) 
Have you been adjudged mentally defective or been 
committed to a mental institution within the past 5 
years? or 
(6) 
Are you an illegal alien? 
By 
affixing 
his 
the 
applicant's 
signature, 
the 
applicant 
certifies that the information in the application provided by hi~ 
the applicant is true and correct and that he the applicant 
understands 
that 
an 
affirmative 
answer 
to 
the questions in 
paragraph E, subparagraph (5) is cause for refusal and any false 
statement may result in prosecution as provided in section 8114. 
Sec. T-I09. 32 MRSA §8105, sub-§7-A, llA, as amended by PL 
2001, c. 298, §3, is further amended to read: 
A. 
Has been employed for consideration for a minimum of 
1,700 hours as an investigative assistant possessing a valid 
license issued by the 
ee~issieRe~ director. 
The 1,700 
hours must have been completed within 2 years after the date 
of issuance of the investigative assistant license but may 
not have been completed in less than one year after the date 
of issuance of the license; 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT -R .. to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 1614 
1190, 
Sec. T-II0. 32 MRSA §810S, sub-§8, as enacted by PL 1981, c. 
126, §2, is amended to read: 
8. 
Examination. Has passed an examination administered by 
the eemmissieBe~ director covering subjects pertaining to private 
investigation to be prescribed by him the director, provided that 
a person currently licensed, as described in section 8106, may at 
no time be required to take any such examination. 
Sec. T-ili. 32 MRS A §8107, as enacted by PL 1981, c. 126, §2, 
is amended to read: 
§8107. Application for origina1 license 
Applications for original licenses sha** IDY£t be made to the 
eemmissieBe~ director in writing under oath on forms prescribed 
by him the director with respect to the requirements of section 
8105. 
The 
application sha** ~ 
be 
accompanied by the fee 
required under section 8117, and by a certification, by each of 3 
reputable citizens of the State, of the following: 
1. 
Residence. That he the certifying citizen resides in the 
community in which the applicant resides, has a place of business 
or proposes to conduct his the applicant's private investigator 
business; 
2. 
Knowledge of applicant. That he the certifying citizen 
has personally known the applicant for at least 3 years; 
3. 
Relation to applicant. That he the certifying citizen is 
not related to the applicant by blood or marriage; 
4. 
Character of applicant. That the applicant is honest and 
of good moral character; and 
5. 
Truth of 
statements 
in application. 
That 
he 
the 
certifying citizen has read the application and believes each 
statement in it to be true. 
Sec. T-112. 32 MRSA §8108, first 1[, as enacted by PL 1981, c. 
126, §2, is amended to read: 
The 
eemmissieBe~ director shall grant 
a 
license to 
an 
applicant who has a valid private investigator's license granted 
under the laws of another state or territory of the United 
States, upon payment of the required fee and the production of 
satisfactory proof that: 
Sec. T-113. 32 MRSA §8111, as enacted by PL 1981, c. 126, §2, 
is amended to read: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT ",1. to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
n 
S8111. Bondinq requirement 
1. 
Requirement. A person licensed as a private investigator 
shall give to the eell'lFRissieBel' director a bond in the sum of 
$10,000 if ae the person is a resident of the State and in the 
sum of $50,000 if ae the person is not a resident of the State. 
A person licensed as an investigative assistant shall give to the 
eell'lFRissieB director a bond in the sum of $20,000. 
2. 
Form of bond. Each bond saa;!:;!: ~: 
A. 
Be in a form prescribed by the eell'lFRissieBel' director; 
B. 
Be executed by the licensee as principal and by a surety 
company authorized to do business in this State as surety; 
and 
C. 
Be conditioned upon the honest conduct of the business 
of the licensee and the right of any person, including the 
officer of any aggrieved labor union or association, whether 
or not incorporated, injured by the intentional, knowing, 
reckless or negligent act of the licensee to bring, in his 
own name, an action on the bond. 
Sec. T-114. 32 MRSA §8113, first" as amended by PL 2001, c. 
298, §4, is further amended to read: 
The 
eell'lFRissieBel' 
director 
may, 
after 
notice 
of 
an 
opportunity for hearing in conformance with the provisions of the 
Maine 
Administrative 
Procedure 
Act, 
Title 
5, 
chapter 
375, 
subchapter ~v i, refuse to issue or renew a license. The District 
Court may suspend or revoke the license of any person licensed 
under this chapter. The following are grounds for an action to 
refuse to issue, suspend, revoke or refuse to renew the license 
of a person licensed under this chapter: 
Sec. T-115. 32 MRSA §8113, sub-§§3, 4 and 6, as repealed and 
replaced by PL 1985, c. 207, §2, are amended to read: 
3. 
Violation of chapter or ru1e. 
Any violation of this 
chapter or any rule adopted by the eell'lFRissieBel' director; 
4. 
Aidinq 
or 
abettinq 
unlicensed practice of private 
investiqation. 
Aiding 
or 
abetting 
the 
practice 
of 
private 
investigation by a person not duly licensed under this chapter 
and who represents aimse;!:~-~e-Be that the person is duly licensed; 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "H to COMMITTEE AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
6. 
Incompetence. 
Incompetence in the practice for which he 
the person is licensed. A licensee shall-se-aeemea is considered 
incompetent in the practice if the licensee has: 
A. 
Engaged in conduct 
wh~eh ~ 
evidences 
a 
ability or 
fitness 
to 
discharge 
the duty 
owed 
licensee to a client or the general pUblic; or 
lack of 
by 
the 
B. 
Engaged in conduct 
wh~eh ~ 
evidences 
a 
lack of 
knowledge, or inability to apply principles or skills to 
carry out the practice for which he the licensee is licensed; 
Sec. T-116. 32 MRSA §8113-A, sub-§§l and 2, as enacted by PL 
1989, c. 917, §17, are amended to read: 
1. 
Inmediate suspension. 
If the 
eemm~ss~eBe!' director has 
probable cause to believe that a person licensed pursuant to this 
chapter is 
required to 
submit 
to 
chemical 
testing for 
the 
presence of intoxicating liquor or drugs pursuant to Title 17-A, 
section 1057 or for conduct that occurs while the licensee is in 
possession of a loaded firearm and the licensee refuses to submit 
to 
the 
required 
testing, 
the 
eemm~ss~eBe!' 
director 
shall 
immediately suspend the licensee's right to carry a 
concealed 
firearm. 
2. 
Report to director. 
The law enforcement officer who has 
probable cause to require chemical testing shall promptly notify 
the 
eemm~ss~eBe!' director of the licensee's refusal and provide 
the 
eemm~ss~eBe!' director 
with 
a 
report 
of 
the 
facts 
and 
circumstances of the requirement to submit to chemical testing 
and of the licensee's refusal. 
Sec. T-117. 32 MRSA §8114, sub-§l, 1JtH, C and D, as enacted by 
PL 1981, c. 126, §2, are amended to read: 
B. 
To falsely represent that he the person is the holder of 
a valid license; 
c. 
To falsely represent that any person in h~s the person's 
employ is a private investigator or investigative assistant; 
or 
D. 
To make any false statements or material omission in any 
application filed with the eemm~ss~eBe!' director. 
Sec. T-118. 32 MRSA §8114, sub-§2, 1J1JA and C, as enacted by PL 
1981, c. 126, §2, are amended to read: 
A. 
To make any representation wh~eh ~ 
suggests, or wh~eh 
~ 
would reasonably cause another person to believe, that 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
ae the private investigator is a sworn peace officer of this 
State, any political subdivision thereof T or any other state 
or of the Federal Government; 
C. 
To 
fail 
or 
refuse 
to 
surrender 
a~6 
~t~h~e~~p~r~~~'v~a~tke£ 
investigator's 
license 
to 
the 
eaMmi66iaRe~ 
director 
following revocation or suspension. 
Sec. T-119. 32 MRSA §§8115 and 8116, as enacted by PL 1981, 
c. 126, §2, are amended to read: 
§811S. Identification cards 
The 
eaMmi66~aRe~ director shall design and issue to each 
person 
licensed 
under 
this 
chapter 
an 
identification 
card 
featuring a recent photograph of the licensee. 
§8116. Powers of director 
1. 
Subpoenas. 
In 
any 
investigation 
conducted 
by 
the 
eaMm~S6~aRe~ director 
under 
this 
chapter, 
the 
eaMm~S6~eRe~ 
director 
may 
issue 
subpoenas 
to 
compel 
the 
attendance 
of 
witnesses and the production of evidence relevant to any fact in 
issue. 
2. 
Contempt. If a witness refuses to obey a subpoena or to 
give any evidence relevent to proper inquiry by the eaMmi66iaRe~ 
director, the Attorney General may petition the Superior Court in 
the county where the refusal occurred to find the witness in 
contempt. The Attorney General shall cause to be served on that 
witness an order requiring aiRl the witness to appear before the 
Superior Court to show cause why ae the witness should not be 
adjudged in contempt. The court shall, in a summary manner, hear 
the evidence and, if it is such as to warrant aiRl the court in 
doing so, puniSh that witness in the same manner and to the same 
extent as for contempt committed before the Superior Court or 
with reference to the process of the Superior Court. 
3. 
Rules. The 
eaMmi6SiaRe~ director shall adopt all rules 
necessary to administer this chapter including, but not limited 
to, 
fixing application and license 
fees 
and establishing 
a 
training requirement for investigative assistants. 
Sec. T-120. 32 MRSA §8120-A, as enacted by PL 1997, c. 360, 
§5, is amended to read: 
§8120-A. Firearms 
A private investigator licensed under this chapter may carry 
a firearm while performing the duties of a private investigator 
HOUSE AMENDMENT 
HOUSE AMENDMENT ·14 " to COMMITTEE 
AMENDMENT 
"A" to H. P. 
L.D. 1614 
1190, 
only after being issued a concealed weapons permit by the Ghief 
ef--t-he--.st.at-e--Peliee director under Title 25, chapter 252 and 
passing 
the 
written 
firearms 
examination 
prescribed 
by 
the 
eeMffiissieseF director. 
Sec. T-121. 32 MRSA §9402, as enacted by PL 1981, c. 113, §2, 
is amended to read: 
§9402. Purpose 
It is the purpose of this chapter to regulate any person 
engaging in the business of providing a private security guard or 
private security guards. 
For the purposes of this chapter, the 
bureau shall enforce the laws relating to private security guards. 
Sec. T-122. 32 MRSA §9403, sub-§2, as enacteed by PL 1981, c. 
113, §2, is repealed. 
Sec. T-123. 32 MRSA §9403, sub-§§2-A and 2-B are enacted to 
read: 
2-A. 
Bureau. 
"Bureau" means the Department of Public 
Safety, Bureau of Liguor, Gaming and Licensing. 
2-B. 
Director. 
"Director" 
means 
the Director of 
the 
Bureau of Liguor, Gaming and Licensing. 
Sec. T-124. 32 MRSA §9403, sub-§S, as enacted by PL 1981, c. 
113, §2, is amended to read: 
5. 
Licensing authority. 
"Licensing authority" means 
the 
GeMffiissieseF-ef-Puhlie-Safe~y director. 
Sec. T-I2S. 32 MRSA §9404, sub-§I, as enacted by PL 1981, c. 
113, §2, is amended to read: 
1. 
~e A person may not act as a security guard without 
first obtaining from the eeMffiissieseF director a license to be a 
contract security company. 
Sec. T-126. 32 MRSA §940S, sub-§I-A, as enacted by PL 1987, c. 
170, §8, is amended by amending the first paragraph to read: 
1-A. 
Criteria 
for 
issuing 
1icense. 
The 
eeMffiissieReF 
director shall issue, upon written application, a license to be a 
contract security company to any person who has demonstrated good 
moral character and who meets the following requirements: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 'H" to COMMITTEE 
AMENDMENT 
"A" 
L.D. 1614 
to H.P. 1190, 
Sec. T-127. 32 MRS A §9405, sub-§2-C, as amended by PL 1995, c. 
694, Pt. D, §57 and affected by Pt. E, §2, is further amended to 
read: 
2-C. 
Good moral character. The eelRHlissielleF director, in 
judging good moral character, shall make his 2 determination in 
writing based solely upon information recorded by governmental 
entities within 5 years of receipt of the application, including, 
but not limited to, the following matters: 
A. 
Information of record relative to incidents of abuse by 
the 
applicant of 
family 
or 
household 
members, 
provided 
pursuant to Title 19-A, section 4012, subsection 1; 
B. 
Information of record relative to 3 or more convictions 
of the applicant for crimes punishable by less than one year 
imprisonment or 3 or more adjudications of the applicant for 
juvenile offenses involving conduct which, if committed by 
an adult, is punishable by less than one year imprisonment; 
C. 
Information 
of 
record 
relative 
to 
or 
more 
adjudications of the applicant for civil violations; 
D. 
Information of record relative to license suspensions 
under section 9411-A; or 
E. 
Information of record indicating that the applicant has 
engaged in reckless or negligent conduct. 
Sec. T-128. 32 MRS A §9405, sub-§4, as amended by PL 1995, c. 
694, Pt. D, §58 and affected by Pt. E, §2, is further amended to 
read: 
4. 
Access to confidential records. Notwithstanding that 
certain records retained by governmental entities are by law made 
confidential, yet are necessary to the eelRHlissielleF.!.s director's 
determination 
of 
the 
applicant's 
good 
moral 
character 
and 
compliance with the additional requirements of this section and 
of section 9411-A, 
the following records shall ~ 
be made 
available, 
at 
the 
request 
of- the 
commissioner 
or 
his 
the 
director's designee, for inspection by and dissemination to the 
eelRHlissielleF director or his director's designee: 
A. 
The records pertaining to involuntary commitments to 
Augusta Mental Health Institute and Bangor Mental Health 
Institute; 
B. 
The records compiled pursuant to Title 19-A, section 
4012, subsection 1; 
HOUSE AMENDMENT 
} 
HOUSE 
AMENDMENT "if, to COMMITTEE 
AMENDMENT 
L.D. 1614 
C. 
Juvenile and adult crime records; and 
D. 
Military records. 
"A" to H.P. 1l90, 
Sec. T-129. 32 MRSA §9407, sub-§l, as amended by PL 1983, c. 
221, §3, is further amended to read: 
1. 
App1ication; fee. Applications for original licenses 
sha~~ ~ 
be 
made 
to 
the 
eemmissieBe~ director 
on 
forms 
prescribed by hiRl the director with respect to the requirements 
of section 9405. The fee for a license application is $400, of 
which $100 must be submitted with the application and $300 must 
be submitted upon issuance of the license. If the previously 
issued license has expired and has not been renewed within a 
period of 60 days, the application sha~~ ID.Y..S..t be considered the 
original application and the same fees and all requirements of an 
original application sha~~ ID.Y..S..t apply. 
Sec. T-130. 32 MRSA §9409, sub-§l, ,A, as enacted by PL 1981, 
c. 113, §2, is amended to read: 
A. 
A person licensed under this chapter shall give to the 
eemmissieBe~ director a bond in the sum of $10,000 if he ~ 
person is a resident, and in the sum of $50,000 if he the 
person is not a resident, of the State. 
Sec. T-131. 32 MRSA §9409, sub-§2, as enacted by PL 1981, c. 
113, §2, is amended to read: 
2. 
Form of bond. Each bond sha~~ ID.Y..S..t be: 
A. 
In a form prescribed by the eemmissieBe~ director; 
B. 
Executed by the licensee as principal and by a surety 
company authorized to do business as such in this State as 
surety; and 
C. 
Conditioned upon the honest conduct of the licensee and 
the right of any person, 
including the officer of any 
aggrieved 
labor 
union 
or 
association, 
whether 
or 
not 
incorporated, injured by the intentional, knowing, reckless 
or negligent act of the licensee to bring, 
in his ~ 
licensee's own name, an action on the bond. 
Sec. T-132. 32 MRSA §9410, sub-§3, as enacted by PL 1981, c. 
113, §2, is amended to read: 
3. 
extend 
Fi1inq. For 
the 
period 
subsection 2. 
good cause, 
of 
filing 
the 
the 
eemmissieBe~ 
application 
director may 
required 
by 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
"{1,, to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
Sec. T-133. 32 MRSA §9410-A, as amended by PL 2003, c. 12, 
§l, is further amended to read: 
§9410-A. Security guard qua1ifications 
1. 
Qua1ifications to 
person may not be employed 
security company unless the 
minimum requirements: 
be security guard. 
as a security guard 
natural person meets 
A. 
Is 18 years of age or older; 
Ne A natural 
by a contract 
the following 
B. 
Is a citizen or resident alien of the United States; 
C. 
Has 
not 
been dishonorably discharged 
from military 
service within the last 5 years; 
D. 
Has not been convicted of a crime punishable by one year 
or more of imprisonment or, within the past 5 years, any 
crime enumerated in section 9412; 
E. 
Has not been adjudicated to have committed a juvenile 
offense involving conduct which, if committed by an adult, 
is punishable by one year or more of imprisonment or, within 
the past 
years, 
a 
juvenile offense involving conduct 
which, if committed by an adult, is a crime enumerated in 
section 9412; 
F. 
Does 
not 
have 
or 
more 
convictions 
for 
crimes 
punishable by less than one year of imprisonment within the 
past 5 years; 
G. 
Is not a fugitive from justice; 
H. 
Is not a 
drug abuser, drug addict or drug-dependent 
person; 
I. 
Is not potentially dangerous to 
himsel~ that natural 
person or others as the result of a mental disorder; 
J. 
Has not been adjudicated to be an incapacitated person 
pursuant to Title l8-A, article -~-
~, Parts 3 and 4, or if 
so adjudicated, has had that designation removed by an order 
under Title l8-A, section 5-307, subsection (b); and 
K. 
At the request of the contract security company, the 
eeJRJRissieBel:' director or his the director's designeeT takes 
whatever action is required of him the natural person by law 
to allow the contract security company, 
the eeJRJRissieBel:' 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
.. If, to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
director or his the director's designee to obtain from: 
Hospitals and mental institutions either within or outside 
the State, limited to records of involuntary commitments: 
the courts: 
law enforcement agencies: 
and the military, 
information relevant to whether the natural person meets the 
requirements set forth in paragraphs A to J. 
2. 
Reporting new security guards to director. A licensee 
shall notify the eemmissieRe~ director of all employees who will 
perform security guard functions in the State and who were not 
listed in the application for a contract security company license 
before the date that the employee begins to perform security 
guard functions in the State. The notice shall !!lU£t be made on 
forms prescribed by the 
eemmissieRe~ director. The forms ssall 
!!lU£t contain, 
BQ~--~~-~-~~~~~-se without limitation, 
the 
following information: 
A. 
The employee's full name; 
B. 
The employee's full current address and addresses for 
the prior 5 years: and 
C. 
The employee's date and place of birth, height, weight 
and color of eyes. 
3. 
Background investigation of security guards at site of 
labor dispute or strike. 
For each employee reported to the 
eemmissieRe~ director 
under 
subsection 
who 
will 
perform 
security guard functions at the site of 
a 
labor dispute or 
strike, 
the 
licensee shall 
have 
previously investigated the 
background of the employee to ensure that the employee meets all 
of the requirements to be a 
security guard, 
as contained in 
subsection 
1. 
The 
licensee 
shall 
also 
sign 
a 
statement 
accompanying the notice required by subsection 2, in which the 
licensee shall state that se the licensee has conducted this 
investigation 
and 
that 
the 
employee 
meets 
the 
requirements 
contained in subsection 1. 
4. 
Background 
investigation 
by 
licensee of all other 
security guards. 
For 
all 
other 
employees 
reported 
to 
the 
eemmissieRe~ director under subsection 2, and for each employee 
on the list required by section 9405, subsection I-A, paragraph 
F, subparagraph (6), for whom the licensee has not previously 
submitted a statement that the employee meets the requirements of 
subsection 1, the licensee shall investigate the background of 
the 
employee to ensure that the 
employee meets all of 
the 
requirements to be a security guard, as contained in subsection 
1. 
Within 60 days of the date that the employee begins to 
perform security guard functions within the State, the licensee 
shall complete this background investigation and submit to the 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "f}" 
to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
/1 
eeRUllissieRe!' director a statement, signed by the licensee, that 
the licensee has conducted the background investigation and that 
the 
employee 
meets 
the 
requirements 
of 
subsection 1. 
This 
statement must be submitted to the eeRUllissieRe!' director before 
an employee may wear, carry or use a firearm in the performance 
of security guard functions and before an employee may perform 
security guard functions at the site of a labor dispute or strike. 
5. 
Access to confidential records. Notwithstanding that 
certain records retained by governmental entities are by law made 
confidential, yet are necessary to the eeRUllissieRe!'.!.s director's 
determination 
of 
the 
applicant's 
good 
moral 
character 
and 
compliance with the additional requirements of this section and 
of section 9411-A, 
the following records 
sha~~ ~ 
be made 
available, at the request of the eeRUllissieRe!' director or his ~ 
director's designee, for inspection by and dissemination to the 
eeRUllissieRe!' director's or his the director's designee: 
A. 
The records pertaining to involuntary commitments to 
Augusta Mental Health Institute and Bangor Mental Health 
Institute; 
B. 
The records compiled pursuant to Title 19-A, section 
4012, subsection 1; 
C. 
Juvenile and adult crime records; and 
D. 
Military records. 
Sec. T-134. 32 MRSA §9411-A, as amended by PL 1999, c. 547, 
Pt. B, §78 and affected by §80, is further amended to read: 
§94ll-A. Refusal to renew; suspension; revocation; reapplication 
1. 
Refusal 
to 
renew; 
suspension; 
revocation. 
The 
eeRUllissieRe!' director may refuse to renew a license, after a 
hearing in accordance with the Maine Administrative Procedure 
Act, Title 5, chapter 375, subchapter 
~v: .4.. The District Court 
may suspend or revoke the license of any person licensed under 
this chapter. The eeRUllissieRe!' director may refuse to renew a 
license and the District Court may suspend or revoke a license on 
anyone or more of the following grounds. 
A. 
The application, 
any documents 
made 
a 
part of the 
application, 
any notice or any statement filed with the 
commissioner contained a material misstatement. 
B. 
The licensee becomes ineligible to hold a license under 
this chapter. Ineligibility is determined on the basis of 
the criteria contained in section 9405. 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "/f' to COMMITTEE 
AMENDMENT 
"A" to B,P, 1190, 
L.D. 1614 
c. 
The licensee fails to comply with the requirements of 
section 9405, subsection I-A, paragraph F, subparagraph (6). 
D. 
The licensee has knowingly employed as a security guard, 
or has knowingly kept as an employee, any natural person who 
does not meet the requirements of section 9410-A, subsection 
1. 
E. 
The licensee fails to comply with the requirements of 
section 9410-A, subsection 2, 3 or 4. 
F. 
The licensee fails to comply with any of the rules 
promulgated by the commissioner under this chapter. 
G. 
The licensee has knowingly encouraged or allowed any 
employee to violate section 9412, subsection 4, 5 or 6. 
2. 
Reapplication. Ne A person, otherwise eligible, whose 
license the eemmissieBe~ director has refused to renew or who has 
had a license revoked, is n2.t eligible for reapplication until 
the expiration of 5 years from the date of refusal to renew or 
revocation. 
Sec. T-135. 32 MRSA §9412, sub-§l, "C and D, as amended by PL 
1987, c. 170, §15, are further amended to read: 
C. 
To falsely represent that a person is or was in his the 
employee's employ as a licensee; 
D. 
To make any false statement or material omission in any 
application, any docwnents made a part of the application, 
any notice or any statement filed with the 
eemmissieBe~ 
director; or 
Sec. T-136. 32 MRSA §§9413 and 9414, as enacted by PL 1981, 
c. 113, §2, are amended to read: 
§94l3. Chanqe in status of license 
The licensee shall notify the 
eemmissieBe~ director wi thin 
days of any change in his the licensee's qualifying agent, 
officers or directors or material change in the 
information 
previously 
furnished 
or 
required 
to 
be 
furnished 
to 
the 
eemmissieBe~ director 
or 
any 
occurrence 
whieh 
~ 
could 
reasonably be expected to affect the licensee's right to 
a 
license under this chapter. 
§94l4. Powers of director 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT " 
L.D. 1614 
to COMMITTEE 
AMENDMENT " A" to H. P . 
1190, 
1. 
Subpoenas. 
In 
any 
investigation 
conducted 
by 
the 
eeRURissieaeF 
director 
under 
this 
chapter, 
the 
eeRURissieaeF 
director 
may 
issue 
subpoenas 
to 
compel 
the 
attendance 
of 
witnesses and the production of evidence relevant to any fact in 
issue. 
2. 
Contempt. If a witness refuses to obey a subpoena or to 
give any evidence relevant to proper inquiry by the eeRURissieaeF 
director, the Attorney General may petition the Superior Court in 
the county where the refusal occurred to find the witness in 
contempt. The Attorney General shall cause to be served on the 
witness an order requiring :RiR! the witness to appear before the 
Superior Court to show cause why :Re the witness should not be 
adjudged in contempt. The court shall, in a summary manner, hear 
the evidence and, if it is such as to warrant :RiR! the court to do 
so, punish the witness in the same manner and to the same extent 
as for 
contempt committed before the Superior Court or with 
reference to the process of the Superior Court. 
3. 
Rules. The eeRURissieaeF director shall adopt all rules 
necessary to administer this chapter. 
4. 
Expenses. The fees required under this chapter s:Ra±± 
IDY£t be applied to the expense of administering this chapter. 
Sec. T-137. 32 MRS A §9418, as enacted by PL 1987, c. 170, 
§19, is amended to read: 
§9418. Confidentiality of application and infonmation 
collected by director 
Notwithstanding 
Title 
1, 
sections 
to 
410, 
all 
applications for a license to be a contract security company and 
any documents made a part of the application, refusals and any 
information of record collected by the 
eeRURissieaeF director 
during the process of ascertaining whether an applicant is of 
good moral character and meets the additional requirements of 
sections 9405 and 9411-A, and all information of record collected 
by the eeRURissieaeF director during the process of ascertaining 
whether 
a 
natural 
person meets 
the 
requirements 
of section 
9410-A, are confidential and may not be made available for public 
inspection or copying. The applicant or natural person may waive 
this 
confidentiality 
by written 
notice 
to 
the 
eeRURissieaeF 
director. All proceedings relating 
to the issuance of a license 
to be a contract security company are not public proceedings 
under Title 1, chapter 13, unless otherwise requested by the 
applicant. 
The eeRURissieaeF director or :Ris the director's designee 
shall make a permanent record of each license to be a contract 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
.. # 
.. to COMMITTEE 
AMENDMENT 
.. A" 
L.D. 1614 
to H.P. 1190, 
security company in a 
suitable book 
or file kept for that 
purpose. The record sha~~ must include a copy of the license and 
sha~~ must be available for public inspection. Upon a specific 
request, the eemmissieaet director or his the director's designee 
shall provide a list of names and current addresses of security 
guards employed by licensed contract security companies. 
Sec. T·138. 36 MRSA §172, sub.§l, as amended by PL 1997, c. 
373, §171, is further amended to read: 
1. 
Liquor 1icensee. If the taxpayer is a liquor licensee, 
to the Department of Public Safety, Bureau of Liquor Ea~eteemea~L 
Gaming and Licensing, which shall construe that liability and 
lack of cooperation to be a ground for denying, suspending or 
revoking the taxpayer's liquor license in accordance with Title 
28-A, section 707 and chapter 33; or 
Sec. T·139. Transition provisions. 
1. 
All references in the Maine Revised Statutes, Title 15, 
chapter 15 to the functions performed by the Commissioner of 
Public Safety are deemed to refer to the Director of the Bureau 
of Liquor, Gaming and Licensing within the Department of Public 
Safety. 
It is the express intent of the Legislature that all 
provisions of Title 15, chapter 15 remain fully enforceable and 
in order to effectuate this intent the Director of the Bureau of 
Liquor, Gaming and Licensing may enforce any provision of Title 
15, chapter 15. 
All existing rules and procedures in effect, in 
operation or 
adopted 
by 
the 
Commissioner 
of 
Public 
Safety 
regarding Title 15, chapter 15 remain in effect and continue in 
effect until 
rescinded, 
revised 
or 
amended 
by 
the 
proper 
authority. 
2. 
All references in the Maine Revised Statutes, Title 17, 
chapter 13-A to the functions performed by the Chief of the State 
Police are deemed to refer to the Director of the Bureau of 
Liquor, 
Gaming and Licensing within the Department of Public 
Safety. 
It is the express intent of the Legislature that all 
provisions of Title 17, chapter 13-A remain fully enforceable and 
in order to effectuate this inteht the Director of the Bureau of 
Liquor, Gaming and Licensing may enforce any provision of Title 
17, chapter 13-A. 
All existing rules and procedures in effect, 
in operation or 
adopted by the 
Chief of the State Police 
regarding Title 17, chapter 13-A remain in effect and continue in 
effect until 
rescinded, 
revised 
or 
amended 
by 
the 
proper 
authority. 
3. 
All references in the Maine Revised Statutes, Title 17, 
chapter 14 to the functions performed by the Chief of the State 
Police are deemed to refer to the Director of the Bureau of 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "/1,, to COMMITTEE 
AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
n 
Liquor, 
Gaming and Licensing within the Department of Public 
Safety. 
It is the express intent of the Legislature that all 
provisions of Title 17, chapter 14 remain fully enforceable and 
in order to effectuate this intent the Director of the Bureau of 
Liquor, Gaming and Licensing may enforce any provision of Title 
17, chapter 14. 
All existing rules and procedures in effect, in 
operation or adopted by the Chief of the State Police regarding 
Title 17, chapter 14 remain in effect and continue in effect 
until rescinded, revised or amended by the proper authority. 
4. 
All references in the Maine Revised Statutes, Title 25, 
chapter 252 to the functions performed by the Chief of the State 
Police are deemed to refer to the Director of the Bureau of 
Liquor, 
Gaming and Licensing wi thin the Department of Public 
Safety. 
It is the express intent of the Legislature that all 
provisions of Title 25, chapter 252 remain fully enforceable and 
in order to effectuate this intent the Director of the Bureau of 
Liquor, Gaming and Licensing may enforce any provision of Title 
25, chapter 252. 
All existing rules and procedures in effect, in 
operation 
or 
adopted 
by 
the 
Commissioner 
of 
Public 
Safety 
regarding Title 25, chapter 252 remain in effect and continue in 
effect 
until 
rescinded, 
revised 
or 
amended 
by 
the 
proper 
authority. 
5. 
All references in the Maine Revised Statutes, Title 28-11. 
to the functions performed by the Chief of the Bureau of Liquor 
Enforcement within the Department of Public Safety are deemed to 
refer to functions of the Director of the Bureau of Liquor, 
Gaming and Licensing, and all functions performed by the Bureau 
of Liquor Enforcement are deemed to refer to functions of the 
Department 
of 
Public 
Safety, 
Bureau 
of 
Liquor, 
Gaming 
and 
Licensing. 
It is the express intent of the Legislature that all 
prov~s~ons of Title 28-11. remain fully enforceable and, in order 
to effectuate this intent, the Director of Liquor, Gaming and 
Licensing or officials designated by the director may enforce any 
provision of Title 28-11.. 
6. 
All 
existing 
rules 
and 
procedures 
in 
effect, 
in 
operation or adopted by the Department of Public Safety, Bureau 
of Liquor Enforcement or the Chief of the Bureau of Liquor 
Enforcement 
remain 
in effect 
and 
continue 
in effect until 
rescinded, revised or amended by the proper authority. 
7. 
All existing forms, licenses, letterheads and similar 
items bearing the name of or referring to the the Department of 
Public Safety, Bureau of Liquor Enforcement may be utilized by 
the 
Bureau 
of 
Liquor, 
Gaming 
and 
Licensing until 
existing 
supplies of those items are exhausted. 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT .f(.. to COMMITTEE 
AMENDMENT 
.. A" to H. P. 
L.D. 1614 
1190, 
8. 
All references in the Maine Revised Statutes, Title 32, 
chapters 89 and 93 to the functions performed by the Commissioner 
of Public Safety are deemed to refer to functions performed by 
the Director of the Bureau of Liquor, Gaming and Licensing within 
the Department of Public Safety. 
It is the express intent of the 
Legislature that all provisions of Title 32, chapters 89 and 93 
remain fully enforceable and in order to effectuate this intent 
the Director of the Bureau of Liquor, Gaming and Licensing may 
enforce any provision of Title 32, chapters 89 and 93. 
All 
existing rules and procedures in effect, in operation or adopted 
by 
the 
Commissioner 
of 
Public 
Safety 
reagarding Title 
32, 
chapters 89 and 93 remain in effect and continue in effect until 
rescinded, revised or amended by the proper authority. 
Sec. T-140. 
Appropriations and allocations. 
appropriations and allocations are made. 
PUBLIC SAFETY, DEPAR"lJIENT OF 
Bureau of Liquor, Licensing and Gaming 
The 
following 
Initiative: 
Appropriates 
funds 
for 
one 
Liquor 
Tax 
Auditor 
position, 
one Account Clerk I 
position, one Clerk Typist II 
position, 2 Clerk Typist III positions, 2 Public Safety Inspector 
I 
positions, 
Special 
Agent 
positions, 
Special 
Agent 
Supervisor positions and necessary operating costs. 
General Fund 
Positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
Liquor Enforcement 
0293 
2003-04 
(16.000) 
$1,004,278 
238,811 
$1,243,089 
2004-05 
(16.000) 
$1,015,496 
245,824 
$1,261,320 
Initiative: Deappropriates funds to reflect the elimination of 
one Liquor Tax Auditor position, one Account Clerk I position, 
one Clerk Typist II position, 2 Clerk Typist III positions, 5 
Public Safety Inspector I positions, one Public Safety Inspector 
III position and operating costs. 
General Fund 
Positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
2003-04 
(-11. 000) 
($632,425) 
(197,127) 
($829,552) 
2004-05 
(-11. 000) 
($644,286) 
(203,497) 
($847,783) 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT '/}" to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1614 
1190, 
Bureau of Liquor, Licensing and Gaming 
Initiative: 
Allocates 
funds 
to establish, 
within the 
newly 
established 
Division 
of 
Liquor, 
Licensing 
and 
Gaming, 
one 
Director position, one Assistant Director position, one Liquor 
Training 
Coordinator 
position, 
Public 
Safety 
Inspector 
I 
positions, one Administrative Secretary position, 2 Clerk Typist 
III positions, 
one 
Clerk 
Typist 
II 
position 
and 
necessary 
operating costs. 
Other Special Revenue Funds 
positions - Legislative Count 
Personal Services 
All Other 
Capital Expenditures 
Other Special Revenue Funds Total 
Licensing and Enforcement - Public Safety 
2003-04 
(9.000) 
$557,525 
236,190 
64,500 
$858,215 
0712 
2004-05 
(9.000) 
$562,203 
240,176 
o 
$802,379 
Initiative: 
Dea1locates funds 
to eliminate one State Police 
Lieutenant position, 
one State Police Sergeant position, 
one 
State Police Detective position, 
Public Safety Inspector I 
positions, one Clerk IV position, 2 Clerk Typist III positions, 
one Clerk Typist II position and operating costs. 
Other Special Revenue Funds 
Positions - Legislative Count 
Personal Services 
All Other 
Capital Expenditures 
Other Special Revenue Funds Total 
PUBLIC SAFETY, DEPAR'TMENT OF 
DEPAR".J:MENT l.'O'.rALS 
GENERAL FOBD 
OTHER SPECIAL REVEBOE FOBDS 
DEPAR".J:MENT 'l'OTAL -
ALL FOBDS 
2003-04 
(-9.000) 
($617,093) 
(236,583) 
(64,500) 
($918,176) 
2003-04 
$413,537 
(59,961) 
$353,576 
2004-05 
(-9.000) 
($620,643) 
(241,310) 
o 
($861,953) 
2004-05 
$413,537 
(59,574) 
$353,963' 
SUMMARY 
This amendment creates the Bureau of Liquor, 
Gaming and 
Licensing within the Department of Public Safety. 
The new bureau 
is responsible for administering and licensing and enforcing the 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1614 
"If, to COMMITTEE 
AMENDMENT "A" to H.P. 1190, 
laws 
and 
rules 
related to 
liquor, 
beano, 
games 
of 
chance, 
firearms 
and private investigators and security guards. 
The 
amendment increases from 9 to 12 the number of law enforcement 
officers 
who 
would 
be 
cross-trained 
to 
perform 
enforcement 
functions for liquor and gaming. 
The amendment increases certain 
liquor license fees by 14% to fund the new bureau. 
SPONSORED 
TOWN: 
HOUSE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Fiscal Detail and Notes 
Approved: 06/09/03 ;b;?ac 
Office of Fiscal and Program Review 
LD 1614 
An Act to Make Supplemental Appropriations and Allocations for the 
Expenditures of State Government and to Change Certain Provisions of 
the Law Necessary to the Proper Operations of State Government for the 
Fiscal Years Ending June 30, 2003, June 30, 2004 and June 30, 2005 
LR 1999(03) 
Fiscal Note for House Amendment" " to Committee Amendment "A" 
Sponsor: Rep. Bunker 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projections 
2003-04 
2004-05 
2005-06 
2006-07 
$0 
$0 
$0 
$0 
$413,537 
$413,537 
$413,537 
$413,537 
($59,961) 
($59,574) 
($59,574) 
($59,574) 
$413,537 
$413,537 
$413,537 
$413,537 
This amendment has no net effect on the General Fund. 
LR1999(3) - Fiscal Note - Page 1 of 1 
Sec. _x_ Appropriations and Allocations. The following appropriations and allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Bureau of Liquor, Licensing and Gaming 
Initiative: Appropriates funds for one Liquor Tax Auditor position, one Account Clerk I position, one 
Clerk Typist II position, 2 Clerk Typist III positions, 2 Public Safety Inspector I positions, 7 Special Agent 
positions, 2 Special Agent Supervisor positions and necessary operating costs. 
General Fund 
Positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
Liquor Enforcement 0293 
2003-04 
2004-05 
(16.000) 
(16.000) 
$1,004,278 
$1,015,496 
$238,811 
$245,824 
$1,243,089 
$1,261,320 
Initiative: Deappropriates funds to reflect the elimination of one Liquor Tax Auditor position, one Account 
Clerk I position, one Clerk Typist II position, 2 Clerk Typist III positions, 5 Public Safety Inspector I 
positions, one Public Safety Inspector III position and operating costs. 
General Fund 
Positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
Bureau of Liquor, Licensing and Gaming 
2003-04 
(-11.000) 
($632,425) 
($197,127) 
($829,552) 
2004-05 
(-11.000) 
($644,286) 
($203,497) 
($847,783) 
Initiative: Allocates funds to establish, within the newly established Division of Liquor, Licensing and 
Gaming, one Director position, one Assistant Director position, one Liquor Training Coordinator postion, 2 
Public Safety Inspector I positions, one Administrative Secretary position, 2 Clerk Typist III positions, one 
Clerk Typist II position and necessary operating costs. 
Other Special Revenue Funds 
Positions - Legislative Count 
Personal Services 
All Other 
Capital Expenditures 
Other Special Revenue Funds Total 
Licensing and Enforcement - Public Safety 0712 
2003-04 
(9.000) 
$557,525 
$236,190 
$64,500 
$858,215 
2004-05 
(9.000) 
$562,203 
$240,176 
$0 
$802,379 
Initiative: Deallocates funds to eliminate one State Police Lieutenant position, one State Police Sergeant 
position, one State Police Detective postion, 2 Public Safety Inspector I positions, one Clerk IV position, 2 
Clerk Typist III positions, one Clerk Typist II position and operating costs. 
Other Special Revenue Funds 
2003-04 
2004-05 
LR1999(3) - App-Alloc - Page 1 of2 
.. 
Positions - Legislative Count 
(-9.000) 
(-9.000) 
Personal Services 
($617,093) 
($620,643) 
All Other 
($236,583) 
($241,310) 
Capital Expenditures 
($64,500) 
$0 
Other Special Revenue Funds Total 
($918,176) 
($861,953) 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
2003-04 
2004-05 
GENERAL FUND 
$413,537 
$413,537 
OTHER SPECIAL REVENUE FUNDS 
($59,961) 
($59,574) 
DEPARTMENT TOTAL-ALL FUNDS 
$353,576 
$353,963 
LR1999(3) - App-Alloc - Page 2 of2