An Act To Require the Owner or Operator of a Casino To Improve or Replace Utilities and Infrastructure in the Vicinity of the Casino LR 0246(02)
Maine Legislature, Session 121, LD 1201
Committee Amendment CA_A_H645 (House)
Amends: 17 MRSA §348, 35-A MRSA §315, 38 MRSA §1209-A, 38 MRSA §1253-A

COMMITTEE AMENDMENT "If" to H.P. 876, L.D. 1201, Bill, "An 
Act To Require the Owner or Operator of a Casino To Improve or 
Replace Utilities and Infrastructure in the Vicinity of the 
Casino" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 17 MRSA §348 is enacted to read: 
§348. 
Responsibility of casino for cost impact 
1. Definitions. 
As used in this section. unless the context 
otherwise indicates. 
the 
following 
terms 
have 
the 
following 
meanings. 
A. 
"Affected government entity" means: 
(1) 
A state agency; or 
(2) 
A municipality or county if at least some portion 
of the territory of the municipality or 
county is 
located within 25 miles of a casino. 
B. 
"Casino" 
means 
any 
facility 
at 
which 
casino-style 
gambling is conducted as a for-profit business. 
Page l-LR0246(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. R· to H.P. 876. L.D. 1201 
C. 
"Casino-style gambling" means games of chance involving 
one or more gambling machines, including. but not limited 
to. slot machines. video lottery machines or video poker 
machines. 
"Casino-style gambling" 
does 
not 
include 
any 
gambling that a person could legally conduct under a license 
or other authority prior to March I. 2004. 
D. 
"Impact assessment" means a charge levied by an affected 
government entity on a casino pursuant to this section to 
recover resulting costs. 
E. 
"Resulting costs" means costs incurred or likely to be 
incurred by an affected government entity that are created 
by 
or 
that 
directly 
or 
indirectly 
result 
from 
the 
construction or operation of a casino. including, but not 
limited 
to, 
costs 
of 
road 
or 
other 
infrastructure 
modification or expansion or increases in law enforcement or 
fire protection costs. 
2. 
Responsibility. 
The owner or operator of a casino shall 
pay any impact assessment imposed in accordance with this section. 
3. 
Determination of cost. 
An affected government enti ty 
may levy an impact assessment on a casino in accordance with this 
subsection. 
A. 
Prior to making any impact assessment. the commissioner 
of 
the 
state 
agency 
or 
the 
governing 
body 
of 
the 
municipality or 
county shall 
notify the 
casino 
of its 
intention to make 
an impact assessment and the casino's 
right to request a hearing to present evidence on the matter. 
B. 
The commissioner of the state agency or the governing 
body of the municipality or county must specify in writing 
the findings that su,pport its determination of resulting 
costs that are the basis for the proposed impact assessment. 
C. 
If regu,ested by the casino within 30 days of its receipt 
of notice pu,rsu,ant to paragraph A. the commissioner of the 
state agency or the governing body of the mu,nicipality or 
cou,nty shall hold a hearing. 
D. 
After any hearing held pursu,ant to paragraph C and no 
earlier than 60, days 
after 
issuing notice 
pursu,ant 
to 
paragraph A, 
the commissioner of the state agency or the 
governing body of the municipality or county shall make a 
final written determination of resulting costs and shall 
provide 
to 
the 
casino 
written 
notice 
of 
the 
impact 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,(1;. to H.P. 876, L.D. 1201 
assessment it is imposing to recover such costs. 
The impact 
assessment may include appropriate payment schedules. 
4. 
Limitation; subsequent assessments. 
This section does 
not authorize the operation of any casino. 
A government entity 
may not impose an impact assessment pursuant to this section 
unless it has complied with subsection 3. 
This section does not 
limit any other authority of an affected government entity to 
recover 
resulting costs. 
An 
affected government 
entity may 
impose subsequent impact assessments under this section if new or 
increased resulting costs, 
not 
covered 
by 
any prior 
impact 
assessment, are determined in accordance with subsection 3, but a 
subsequent impact assessment may not be made less than 2 years 
after a prior impact assessment has been imposed. 
5. 
Violation. 
Notwithstanding section 346, a person who 
knowingly fails to pay an impact assessment imposed in accordance 
with this section commits a Class E crime. 
Sec. 2. 35-A MRSA §315 is enacted to read: 
§315. 
Rates for Casinos 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Affected utility" means any public utility providing 
service to a casino. 
B. 
"Casino" has the same meaning as defined in Title 17-A, 
section 348. 
C. 
"Resulting costs" means costs incurred or likely to be 
incurred by an affected utility that directly or indirectly 
result from the construction or operation of a casino. 
2. Cost recove~. 
A casino is responsible for all resulting 
costs. 
The commission may undertake appropriate proceedings to 
ensure that the owner or operator of a casino pays all resulting 
costs. 
Sec.3. 38 MRSA §1209-A is enacted to read: 
§1209-A. 
Rates for casinos 
1. 
Definitions. 
As 
used 
in this 
section. 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "ff.. to H.P. 876, L.D. 1201 
A. 
"Affected 
district" 
means 
any 
sanitary 
district 
providing service to a casino. 
B. 
"Casino" has the same meaning as defined in Title 17 A, 
section 348. 
C. 
"Resulting costs" means costs incurred or likely to be 
incurred by an affected district that directly or indirectly 
result from the construction or operation of a casino. 
2. 
Cost recovery. 
Notwithstanding any other provision of 
this chapter, 
an affected district may 
impose rates or fees 
necessary to ensure that the district recovers from the owner or 
operator of a casino all resulting costs. 
Sec. 4. 38 MRSA §1253-A is enacted read: 
§1253-A. 
Rates for casinos 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Affected district" means any sewer district providing 
service to a casino. 
B. 
"Casino" has the same meaning as defined in Title 17 -A, 
section 348. 
C. 
"Resulting costs" means costs incurred or likely to be 
incurred by an affected district that directly or indirectly 
result from the construction or operation of a casino. 
2. 
Cost recovery. 
Notwithstanding any other provision of 
this chapter, 
an affected district may 
impose rates or fees 
necessary to ensure that the district recovers from the owner or 
operator of a casino all resulting costs.' 
SUMMARY 
This amendment, which is the minority report of the Joint 
Standing Committee on Utilities and Energy, replaces the bill. 
This amendment allows 
a 
state agency or any municipality or 
county located within 25 miles of a casino facility to assess the 
facility for all costs incurred by the agency or the town or 
county directly or indirectly resulting from the construction or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ~. to H.P. 876, L.n. 1201 
responsible for all costs incurred by any utility that serves the 
facility. 
It defines "casino" so as to grandfather the so-called 
racinos that were approved by voters on November 3, 2003. 
FiSCAL \OTE REQClRED 
(~ee attached) 
COMMITTEE AMENDMENT 
Approved: 01/23/04 7'dac:.. 
Office of Fiscal and Program Review 
LD 1201 
An Act To Require the Owner or Operator of a Casino To Improve or 
Replace Utilities and Infrastructure in the Vicinity of the Casino 
LR 0246(02) 
Fiscal Note for Bill as Amended by Committee Amendment "" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Undetermined current biennium cost increase - Highway Fund 
Undetermined current biennium revenue increase - Highway Fund 
Minor cost increac;;e - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements: 
This bill may increase the number of civil suits filed in the court system. The additional costs associated with the 
minimal number of new cases filed can be absorbed within the budgeted resources of the Judicial Department. 
Fiscal Detail and Notes 
Requiring that the owners of casino-style gambling facilities be responsible for the costs of improving any necessary 
highway infrastucture will increase Highway Fund costs incurred by the Department of Transportation. Any such 
increased_costs will be offset by reimbursements to the Highway Fund by the affected owner of a casino-style 
gambling facility. The amounts can not be determined at this time.