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(09)
Maine Legislature, Session 121, LD 1614
Committee Amendment CA_A-SA_B_S274 (Senate)
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 §316, 17 MRSA §317, 17 MRSA §322, 17 MRSA §323, 17 MRSA §324, 17 MRSA §325, 17 MRSA §326, 17 MRSA §327, 17 MRSA §328, 17 MRSA §330, 17 MRSA §330-A, 17 MRSA §331, 17 MRSA §332, 17 MRSA §333, 17 MRSA §334, 17 MRSA §335, 17 MRSA §336, 17 MRSA §337, 17 MRSA §338, 17 MRSA §338-A, 17 MRSA §341, 17 MRSA §342, 17 MRSA §343, 17 MRSA §345, 25 MRSA §2001, 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, 32 MRSA §8102, 32 MRSA §8103, 32 MRSA §8104, 32 MRSA §8105, 32 MRSA §810, 32 MRSA §8107, 32 MRSA §8108, 32 MRSA §8111, 32 MRSA §8113, 32 MRSA §8113-A, 32 MRSA §8114, 32 MRSA §9402, 32 MRSA §9403, 32 MRSA §9404, 32 MRSA §9405, 32 MRSA §9407, 32 MRSA §9409, 32 MRSA §9410, 32 MRSA §9411, 32 MRSA §9412, 32 MRSA §9418, 36 MRSA §172

SENATE 
AMENDMENT "}3,, 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, ~D, 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 
EB~eFeemeB~, 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-§l, ~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; 
SENATE AMENDMENT 
SENATE AMENDMENT "/3" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
(3) 
Bureau of Liquor ER~epeemeRt, 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, 'B-1 is enacted to read: 
B-l. 
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 ER~epeemeRt, Gaming and Licensing taken pursuant to Title 
28-A, sections 453-A, 458 and 653. 
Chapter 375, subchapter V~~ 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: 
§39l-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 Liqyor. 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 Gemmi664eBe~-~-~~~-ga~ety director for a permit 
SENATE AMENDMENT 
SENATE AMENDMENT "8" to COMMITTEE AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
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 Sh8** ~ 
be 
on 
a 
form 
prepared by the 
Gemm4664eRe£--eE--PQs14e--Sa~eGy director. 
The 
application shall ~ 
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 
seemes 
determined 
by 
the 
commissioner 
to 
be 
of 
assistance. 
The 
application shall m.Y.tt be accompanied by certified or attested 
copies of the indictment, information or complaint, judgment and 
commitment 
and discharge whieh ~ 
are 
the 
subject of 
the 
conviction. 
4. 
Notification, objection and hearing. Upon receipt of an 
application, 
the 
Gemmissieae~-~~-~~~~--SaEeGy director shall 
determine if it is in proper form. If the application is proper, 
he 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 whieh ~ 
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 
eemmissieaeF 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 
eemmissieae~ 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 eemmissieaeF director may not be overturned unless the court 
shall-,f4Rs finds that the applicant's request is reasonable and 
that the denial of the commissioner was arbitrary, capricious or 
discriminatory. 
6. 
Filing fee. The eemmissieReF 
reasonable filing fee not to exceed 
processing applications. 
director 
$25 to 
may establish a 
defray costs of 
SENATE AMENDMENT 
SENATE AMENDMENT "f;" to COMMITTEE AMENDMENT "A" to H.P. 1l90, 
L.D. 1614 
Sec. T-8. 17 MRSA §311, sub-§I-A, as enacted by PL 1999, c. 
74, §1, is amended to read: 
I-A. 
Commercial beano ball permit. 
"Commercial beano hall 
permit" means written authority from the 
~hie~--G-:E---t.-be--State 
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, §l, is repealed. 
Sec. T-IO. 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-II. 17 MRSA §311, sub-§§3 to 5, as enacted by PL 1975, 
c. 307, §2, are amended to read: 
3. 
License. 
"License" 
shall--meaR ~ 
that 
written 
authority from the 
~h:ieE--04:--1:he-.st.-at.-e--Pel;i,ee director to hold, 
conduct or operate the amusement commonly known as "Beano" for 
the entertainment of the public within the State ei--MaiBe. A 
location permit must accompany the license to be valid. 
4. 
Licensee. "Licensee" shall-meaR means any organization 
whieh .thQ.t has been granted a license by the 
~hiei-.g.f--t-he--S1:a1:e 
Peliee director to hold, conduct or operate "Beano" or "Bingo." 
5. 
Location permit. "Location permit" shall-meaR ~ 
that 
card issued by the ~hie~-e~-the-State-Pe~4eeT 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 shall ~ 
be 
used for the conduct of any game. 
Sec. T-12. 17 MRSA §311-A is enacted to read: 
§3II-A. 
Bureau of Lig.uor« 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: 
SENATE AMENDMENT 
SENATE AMENDMENT 'E" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
§312. 
License required 
We 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 
P9~iee dirgctor. 
This chapter 
saa~l 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. Application 
Any organization desiring to conduct such an amusement shall 
apply to the 
Gaie~--o-f--~ae--St.-at-e--P91iee director for a license 
pursuant to the 
prov~s~ons set forth in this section. 
The 
application 6aa~~ llllat. be on forms provided by the Gaief--oo--t:ae 
St:at:e-Peliee director, 
saa~~ llllat. be signed by a duly authorized 
officer of the organization to be licensed, 
saa~~ !JlWit. 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 license; fees 
The Gaie'-e~-t:ae-S~at:e-Peliee 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 I 
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 GaieiE--oo--t:ae 
St:at:e-Peliee dirgctor 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 
SENATE AMENDMENT 
SENATE AMENDMENT "b" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
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. 
Net;hi:Jl~-~i-ned--i:Jl 
t;his ~ 
section may not 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 ~ 
accompany the 
application for a license. 
Fees submitted as license fees shall 
ID.Y§.t be refunded if the license is not issued. 
Fees shall mgy 
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: 
SENATE AMENDMENT 
SENATE AMENDMENT "E" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
1. 
Eliqible orqanizations. 
The Gaiei"--o-:f--t:-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 
Ga.i:e~--E>f--t-he--St:-at;,e.-P9liee 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 ~a.i:ef-9f-t;,he-St;,at;,e-Pe~.i:ee 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 durins 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 
8~~ea~--e~--S~at;,e--Peliee bureau 
regarding the operation of high-stakes beano. 
Sec. T·19. 17 MRS A §315, as enacted by PL 1975, c. 307, §2, 
is amended to read: 
§3l5. 
Seasonal licenses 
SENATE AMENDMENT 
SENATE AMENDMENT "f)" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
Notwi thstanding section 314, the Gh:ief--o-f--1;he--&t-at.+-P.el:iee 
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 ~ 
be 
limited to a maximum of $2 in any 24-hour period. The fee for 
such license sha·U.--ee is $10 and shall !llY.at. be paid to the 
Treasurer of State to be credited to the General Fund. Hotel and 
liquor licenses of any such resort hotel licensees sha~~ ~ 
not 
be withheld because of the conducting ef ~ such resort hotel of 
the game of "Beano" or "Bingo." 
Sec. T-20. 17 MRSA §316, as amended by PL 2001, c. 538, §l, 
is further amended to read: 
§316. 
Evidence 
The Ghi,ef--G-i---t.-he--S-t-a-t-e--P.eHee director may require such 
evidence as the eh:ief director may determine necessary to satisfy 
the eaief 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 Gh:ief-~--t.-he-~~~-P.el:iee director. 
The Gh:ief-~--t.-he-~~~-P.el:iee director may require such evidence 
as 
the 
eh:ief 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 1(, as amended by PL 1999, c. 74, 
§2, is further amended to read: 
The 
Ghief--o-f--~he-...s-t;.a.t;e--Pe~:iee 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 
Gh,ief-~--t.-he--S~~-Pe;l:a:ee 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 Gh:ief--o-f--1;he--&t-at.+-P.el:iee 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 
SENATE AMENDMENT 
SENATE AMENDMENT "j" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
pursuant to Title 5, chapter 375, subchapter ~~-A 2-A, the GR~eE 
eE--~-..s.t.-at.-e--Fe.J..,i€.e--ml:lst; 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 GR~eE-eE-t;Re-St;at;e-Pe*~ee 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 
17-A, chapter 39 or fails to meet the statutory requirements 
for licensure pursuant to this chapter; 
C. 
Immediately 
probable 
cause 
licensee's agent 
17-A, chapter 39; 
suspend or revoke 
a license if there is 
to 
believe 
that 
the 
licensee 
or 
the 
or employee violated a provision of Title 
D. 
Suspend or revoke a commercial beano hall permit, after 
notice of the opportunity for hearing, if a permittee or 
permittee' s 
employee commits murder or a Class A, 
B or C 
crime or violates a provision of this chapter or Title 17-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 17-A, 
chapter 15, 29, 37 or 39; and 
F. 
Issue a subpoena in the name of the 
St;at;e-Pe~iee 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 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 
eRieE 
director, 
the 
Attorney 
General may petition the Superior Court in the county where 
SENATE AMENDMENT 
SENATE AMENDMENT '~" 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. 
Licensing action after notice 
and 
opportunity 
for 
hearing. 
The ~R~e~-e~-6Re-S~a~e-Pe~iee 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 agent 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 
15, 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. 
Ionediate suspension or revocation. 
A licensee whose 
license or permittee whose permit is immediately suspended or 
revoked by the 
~Rie~--o-f--~he--St.-at.-e--Pe*~ee director pursuant to 
subsection 1, paragraph C or E must be notified in writing of the 
duration of the suspension or revocation and the licensee's or 
the 
permittee'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. 
SENATE AMENDMENT 
SENATE AMENDMENT 'P" to COMMITTEE AMENDMENT "A" to H.P. 1l90, 
L.n. 1614 
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 
17-11., 
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 17-11., 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 (;;aieE--ot"--t:ae--&t.-at.-e--Peliee 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 eaieE 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 
(;;aief--ot"--~ae 
St:at:e-Pe,liee 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 (;;aief--ot"--t:ae 
S~at:e--Pe*iee director 
or 
the 
eaieE~e director's 
authorized 
representative. 
The 
licensee or permittee shall permit at any time 
an 
inspector from the ~epa~t:ffiea&-ef-PQB*ie-Safesy 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 seven. 
Lucky seven or similar sealed tickets may 
be sold when that game of chance is licensed by the (;;aief-ef-~ae 
Ssa~e--P-&1-iee director and when a valid license certificate is 
properly displayed. 
Notwithstanding the other provisions of this 
SENATE AMENDMENT 
SENATE AMENDMENT " ~" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
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 MRSA §325, as amended by PL 1999, c. 74, §6, is 
further amended to read: 
§325. 
Penalties 
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 baief-~-~~~-P9~iee 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 bAie~-ef-~Ae-S~a~e-Pe~iee director prescribed by authority of 
said chapter, 
saa~~ mYat be punished by a fine of not more than 
$1,000. 
An 
individual, 
corporation, partnership or unincorporated 
association that rents or leases a building or facilities to 
hold, conduct or operate "Beano" or "Bingo" without a commercial 
beano hall permit issued by the 
bAief--e~--Eae--S~ate--Pe~iee 
director or who violates any of the provisions of this chapter or 
any rules adopted by the 
GRief-~~-~~-g~a~~-Pe~iee director 
pursuant to this chapter is guilty of a Class E crime. 
Sec. T-27. 17 MRSA §326, sub-§I-A, 1fC, 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, 
~nJury or casualty loss if the 
licensee 
makes 
an 
application 
and 
the 
application 
is 
approved by the licensing division within the BQFeaQ--eE 
State-Pe~iee 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. 
SENATE AMENDMENT 
SENATE AMENDMENT ''1;>'' to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
(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: 
I-B. 
Filing. 
An 
organization that chooses to use 
the 
proceeds or part of the proceeds as allowed by subsection l-A 
must file with the 
bhie~-e-f--t-he--S1:at,e.-PeHee director, at least 
quarterly, a form for the disposition of funds prescribed by the 
bhie~-*--t-he--S~a:t,e.-PeHee 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 MRS A §326, sub-§2, as amended by PL 1993, c. 45, 
§4, is further amended to read: 
2. 
Rules. 
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 
bhie~-~:&--.t.-he--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, §1, 
is amended to read: 
§327. 
Nonsmoking area 
The 
bhie~--&f--St;a.t-e--Pe;J,iee 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 
SENATE AMENDMENT 
SENATE AMENDMENT ,j)" to COMMITTEE AMENDMENT "A" to H.P. ll90, 
L.D. 1614 
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 MRSA §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 ba~e~-e~-~ae-S~a~e-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 
ba~e€-~--~ae--St.-a-t-e--Pe*~ee director for a commercial beano hall 
permit. 
The application must be on forms provided by the 
baie~ 
e€--t;be.--St.-a-t-e--Peliee 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; change of ownership or manager. 
A permittee 
seeking to renew a permit shall submit an application, but is not 
required to submit additional fingerprint cards. 
The permittee 
is--~e~~iFee--~e ~ 
notify the 
ba~e€--e€--~ae--g~a~e--Peliee 
director 
of 
any 
change 
in 
ownership 
or 
management 
of 
the 
commercial beano hall. 
The baie€--o-f--t;ae--St-a-t-e--Pe*iee director 
may 
require 
additional 
information or 
fingerprint 
submission 
subsequent to a change in ownership or management. 
SENATE AMENDMENT 
SENATE AMENDMENT "13,, to COMMITTEE AMENDMENT "A" to H. P. 
L.D. 1614 
1190, 
4. 
Use of criminal history record. 
The ba~ef-~-~~-S~a~e 
Pel~ee director may use state and federal criminal history record 
information for the purpose of screening applicants. 
The 
ba~eE 
eE-~-he--.s.t.-at.-e--Pel~ee 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 A, 
B or C crime or a violation of 
this chapter or Title 17-A, 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 
baief--G-:E---t.-he--S~a~e 
Peliee director may issue a commercial beano hall permit for a 
calendar year for a fee of $500. 
Sec. T-32. 17 MRSA §330, sub-§1-B, as enacted by PL 2001, c. 
342, §3, is repealed. 
Sec. T-33. 17 MRSA §330, sub-§§1-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 MRS A §331, sub-§I, as amended by PL 1975, c. 
740, §S, is further amended to read: 
1. 
License required. 
We 
A person, 
firm, 
corporation, 
association or organization saall may 
not hold, 
conduct 
or 
operate 
a 
game of chance within the State unless 
a 
license 
therefor is obtained from the Ghie'-eE-~he-S~a~e-PelieeT director 
or the game of chance constitutes "social gambling" as that term 
is defined by Title 17-A, section 952, subsection 8. 
Sec. T -36. 17 MRSA §331, sub-§2-A, as amended by PL 2001, c. 
672, §5, is further amended to read: 
SENATE AMENDMENT 
SENATE AMENDMENT "b" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
2-A. 
Games of chance at agricultural fairs. 
The 
~ai~~-ef 
~ae-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, 1J1JA to C, as enacted by PL 
1989, c. 254, §1, are amended to read: 
A. 
Except as provided in subsection 8, the 
~aief--of--t;ae 
St;at;.~-.pe~-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 $25,000. 
Section 341 does 
not apply to raffles licensed under this section. 
B. 
The 
~aa,ef-e.f--t.-he--St;.a.t;.e.-Pe*a,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 saa** ~ 
be purchased from a licensed distributor 
or licensed printer. 
Tickets saa** 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 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 ~aief-ef-t;ae-St;at;e-Pe*a,ee director. 
Sec. T-38. 17 MRSA §331, sub-§8-A, 1J1JA to D, as enacted by PL 
1991, c. 796, §3, are amended to read: 
A. 
The 
~a,j,ef--of--t;ae-~-e--Pe*,j,ee 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. 
SENATE AMENDMENT 
SENATE AMENDMENT ,.]!J" to COMMITTEE AMENDMENT "A" to H. P. 1190, 
L.D. 1614 
B. 
The bhiei;--ef--t-he--Strat..e--PsJ: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 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 bhie~-si;-~he 
S~a~e-Pe*iee director. 
D. 
The 
bhief-~--~he-.st.-at.e--PeHee 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 MRS A §332, sub-§I, as amended by PL 2001, c. 
538, §2, is further amended to read: 
1. 
Orqanizations e1iqible. Notwithstanding other proV1S1ons 
of law, 
the 
bhi:ei;--e-~--t-he--B~a-t-e--PeJ:iee 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, C1V1C, 
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, 1IA, as enacted by PL 1983, 
c. 705, §6, is amended to read: 
A. 
The ~hi:ef-~-~~tra~-Pe*iee director may issue a game 
of chance license to operate an electronic video machine to 
any society or organization listed in subsection 1 T --W&.i-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 
SENATE AMENDMENT 
SENATE AMENDMENT "fj" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
An application to operate or conduct a game of chance shall 
I!ll!ll be on forms provided by the 
(;h:ie~-~~-~-.s.t:a-t.~-Pel:i:ee 
director. 
Slieh The application shall I!l..Yll be signed by a duly 
authorized officer of the organization. 
It shall must 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 aeemea-BeeessaFY reguired by 
the 
(;h:i:e~--o-£..-the--S-t-at-e--Pel:iee director for the issuance of a 
license to operate a game of chance. An application to operate or 
conduct a 
game of chance shall !D.Y§..t 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 
(;h:ie~-~~--t-he--S-t.a-t.-e--Pel:iee director may require such 
evidence as the eh:i:e~ director may determine necessary to satisfy 
the 
eh:ie~ 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 (;h:ief--o-f--the 
St;,at.e--.pe.J.4ee director. 
The 
(;;;h:ie~--of"--the--&t-at-e--Pel:iee 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 
ehie~ director 
may 
determine 
necessary to satisfy the eh:i:e~ 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 (;;;hie~-e~ 
the--State--Peliee director. 
The 
Ghie~--e~--tAe--State--Pel:i:ee 
director may require such evidence as the 
eA:ie~ director may 
determine necessary regarding the conduct of games of chance by a 
licensee to determine compliance with this chapter. 
Sec. T-43. 17 MRS A §355, 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 BliFeali-e~-State-Peliee bureau. 
SENATE AMENDMENT 
SENATE AMENDMENT "13" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
(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 
~hiei;--o.f--"he--St.-a-t-e--P9Hee director shall 
adopt rules in accordance with the Maine Administrative Procedure 
ActT-~i"*9-§T-ehap"9~-6+§ to carry out this section. 
Sec. T-45. 17 MRSA §336, sub-§I-B, as enacted by PL 2001, c. 
672, §ll, is amended to read: 
I-B. 
Records required for licensee eDlployinq 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 ehi9~ 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 dur ing 
which a 
licensed game of chance is conducted with an annual 
license, the licensee shall file with the 
(;hie~--G-~--t~-S"a"e 
P9*iee 
director 
a 
disposition of 
funds 
form 
prescribed and 
furnished by the 
(;hie~--o-f--"he--St.-a-t-e--P9.i,e9 director, detailing 
for the period the total receipts and expenditures of the game 
SENATE AMENDMENT 
SENATE AMENDMENT ':.6" 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 
eR~e~ 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 
wR~eR--6Rall reguired to be 
maintained by a licensee pursuant to this section and pursuant to 
the rules and regulations adopted under this chapter 6Rall must 
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 6Rall I!lY.i..t be designated by the licensee 
in the license application. 
All these records sRall ~ 
be open 
to inspection by the 
bRi,ef.--e-f--t-he--St;.a.1;e.-Pe~,iee director or 
R~S 
the director's representative and Be .a licensee sRall may not 
refuse 
the 
bR~e~--e~--eRe--S~a~e--Peliee director or Ris ~ 
director's representative the right to inspect or audit the 
records. 
Refusal to permit inspection or audit of the records 
sRall QQ.u not constitute a crime under this chapter but sRall 
~ 
constitute grounds for revocation of license. 
Sec. T·49. 17 MRSA §336·A, sub·§§1 and 2, as enacted by PL 
1917, c. 350, §7, are amended to read: 
1. 
Sales agreements. Each distributor shall forward to the 
bRi,ef.--o-f--~R8--&t;.a.t-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 
sRa;!,;!, 
!.!lY.SJ;. 
include, but .s:u:..e. not 98 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 sRall 
~ 
be reported to the bRief.-8f.-eR8-S~aee-Pe~iee director by the 
purchaser within 6 days of the change, modification or alteration. 
SENATE AMENDMENT 
SENATE AMENDMENT ~" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
2. 
Service agreements. 
With 
the 
sale of 
any 
gambling 
machine involving a 
service agreement, 
the distributor shall 
forward to the bha:e~-*--t.-he--S1;a-t,e.-PeHee director a copy of the 
agreement prior to delivery of the machine. 
The terms of the 
service agreements sha~~ must 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 
sha~~ 
~ 
be reported to the bha:e~-e~-the-State-Peliee 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 
~hie~-~~--t.-he--~~a~€--Pe~iee 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 prov1s10ns 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 
~hi,e~--E>f--t:h&-State 
Peliee director a report wha:eh-shall that must indicate: 
A. 
The names and addresses of all persons or organizations 
to 
which 
the 
distributor 
or 
printer 
has 
distributed 
equipment and the dates of the distribution; 
SENATE AMENDMENT 
SENATE AMENDMENT "b" 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 aRa-.. e~Q.la~,ieRs adopted under this chapter. All 
distributor's 
and 
printer's 
records 
sha~~ ~ 
be 
open 
to 
inspection and Re 
Si!, licensee 
sha~~ may not refuse the 
Ghi-&~-ef 
~ae--B-t-a-t-e---Pe.iee director or ais the director's representative 
the right to inspect or audit the records. Refusal to permit 
inspection or audit of the records 6a8 •• ~ 
not constitute a 
crime under this chapter but 
sa8~~ does constitute grounds for 
revocation of license. 
Sec. T ·52. 17 MRSA §337, first 11, 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 Gaie~-~-~~~-Pe.iee 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 11, 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 
Ghie~-~.f--t.-he--St;.a.1:.&-Pe.iee director 
on forms furnished by the Ghiei-e~-~ae-S~a~e-Pe.iee director. The 
Ghie~-~--t.-he--St;.a-1:.&-Peliee director shall furnish each applicant 
with a current copy of this chapter and the rules adopted under 
section 343. The Ghie'-e~-~he-S~a~e-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·54. 17 MRSA §338, as amended by PL 1989, c. 254, §5, 
is further amended to read: 
SENATE AMENDMENT 
SENATE AMENDMENT "f>" to COMMITTEE AMENDMENT 
"A" to H.P. 1190, 
L.D. 1614 
§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 Ghief 
ef--~-~~~-Pe~iee 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 
Ghie~-*--t.-he--Strat:e--Pe;J,iee director 
on forms furnished by the Ghie~-ef-~he-S~a~e-Pe~iee director. The 
Ghj,e~-*--t.-he--Strat:e--Pe:1:iee director shall furnish each applicant 
with a current copy of this chapter and the rules adopted under 
section 343. The Ghie~-ef-~he-S~a~e-Pe~iee 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 
Ghief-~--~he--St-at-e--Pe~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 Ghief 
ef-~he-S~a~e-Pe;J,iee director under section 343. 
(1) 
Except as provided in subparagraph (2), the GRief 
ef-~~-St~-e--Pe;J,iee director shall give written notice 
of any violation to the distributor or printer.L. who 
then has 14 days to comply. Failure to comply within 
the l4-day period is grounds for an action under this 
section. 
SENATE AMENDMENT 
SENATE AMENDMENT "b" to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1614 
1190, 
(2) 
If a distributor or printer violates section 337 
or 338.L the 
~R.:i:e'-t>-f--t-he--St;.a-1::e--P9Uee 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 GR.:i:e~-9'-~R.e-S~a~e-P9~:i:ee director by rule. 
Notwithstanding any other provision of this section, the tickets, 
tokens or other device approved by the 
~R.:i:e'-t>-f--t-he-~1::e--P9~:i:ee 
director must be unique to the agricultural society and may be in 
denominations of 2 5¢, SOt or $1. 
The tickets, tokens or device 
approved by the 
~R.:i:e~--&f--the--S1a-at;.e.-P9~:i:ee director may be sold 
and redeemed only by a person who has been a member or active 
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 MRSA §342, as amended by PL 1975, c. 410, §3, 
is further amended to read: 
§342. Reports 
The 
~R.:i:e'--o.f--~R.e-.st-at.+-P9~:i:ee director shall require from 
any licensed printer or distributor, or from any organization 
authorized to operate a game of chance, whatever reports R.9-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 
~R.i-e'--of--~R.e--St-at.+-P9*:i:ee director has the power to 
adopt rules, not inconsistent with law, wR.:i:eR. ~ 
are necessary 
for the administration and enforcement of this chapter and for 
the licensing, conduct and operation of games of chance. 
The 
eR.:i:e~-9~-~R.e-S~a~e-P9*:i:ee director has the power and authority to 
regulate, 
supervise 
and 
exercise 
general 
control 
over 
the 
operation of such games. In establishing such rules, the ~R.:i:e~-9' 
~R.e-S~a~e-P9~:i:ee director must, in addition to the standards set 
forth in other provisions of this chapter, use the following 
SENATE AMENDMENT 
SENATE AMENDMENT "&" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
standards 
setting 
forth 
conduct, 
considered undesirable. 
conditions 
and 
activity 
Sec. T -60. 17 MRS A §343, last~, 
as enacted by PL 1995, c. 
674, §3, is amended to read: 
The 
~Rie€-~~-~~-~~~€--Peliee director shall provide a 
mechanism 
for 
individuals 
and 
businesses 
to 
request 
a 
determination from the 
S~a~e--~~iee 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 MRS A §343-A, as amended by PL 2001, c. 342, §4, 
is further amended to read: 
§343-A. 
Investigations; actions on licenses 
1. 
Director. 
The bRie€-e€-~Re-S~a~e-Peliee director may: 
A. 
Investigate all 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 
probable 
cause 
to 
believe 
that 
licensee's 
agent 
or 
employee 
subsection 3-A or 3-B, paragraph C 
17-A, chapter 39; and 
a license if there is 
the 
licensee 
or 
the 
violated 
section 
332, 
or a provision of Title 
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 
SENATE AMENDMENT 
SENATE AMENDMENT ltD It to COMMITTEE AMENDMENT 
It A It to H. P . 
L.D. 1614 
1l90, 
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 Gaie~-e~-~ae-S~a~e-Pe~iee 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 l7-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. 
IDRediate suspension or revocation. 
A licensee whose 
license is immediately suspended or revoked by the 
GRief-~--t;ae 
St;a~e-Peliee 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: 
SENATE AMENDMENT 
SENATE AMENDMENT 
L.n. 1614 
§345. Access to premises 
COMMITTEE AMENDMENT 
.. A" to H. P • 1190, 
Any person, firm, corporation, association or organization 
making application to the 
b:Ri:e~--€>f--t-he--St;,.a:~-PeHee 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:R:i:e~--ef'--t-he--St;,.a:~-Pel:i:ee director or the 
e:Ri: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 
'ge~al't;meBt;--o-:€--.p-u£>..l-i-€--Sa~et;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:R:i:ei--e-:€---t-he--~.a.-t.e--PeHee 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 carry a 
concealed firearm has substantially equivalent or stricter 
requirements 
for 
the 
issuance of 
a 
permit to carry 
a 
concealed firearm; and 
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: 
S200l-A. 
Bureau of Liqyor. 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: 
SENATE AMENDMENT 
SENATE AMENDMENT "~,, to COMMITTEE AMENDMENT "A" to H. P. 
L.D. 1614 
1190, 
I-B. 
Bureau. 
"Bureau" means the Bureau of Liguor, Gaming 
and Licensing. 
Sec. T-66. 25 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. 25 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 
I;;ai:e~--G-:g.--t-he--,s-t..a-t.~--Peli:ee director as the 
designee of the municipal officers under section 2002-A; 
B. 
To a resident of an unorganized territory: 
(1) 
The I;;ai:e~-e~-~ae-S~a~e-Pe~i:ee director; 
C. 
To a nonresident: 
(1) 
The I;;aief-e~-~ae-S~a~e-Pe~iee director; and 
D. 
To 
a 
private investigator licensed under Title 32, 
chapter 89: 
(1) 
The I;;ai:e~-e~-~ae-S~a~e-Pe~iee director. 
Sec. T·68. 25 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 I;;a~e~-~-~-he--S~~-Pe~iee 
director 
agrees, 
the 
S~a~e--Pe~i:ee director 
as 
the 
issuing 
authority for that municipality. 
The designation must be made by 
written agreement with the 
I;;a,ief-~-~ae--St.-at.-e--Pe~iee director. 
The agreement must include provisions for termination of the 
agreement. 
During the term of an agreement, the 
S~a~e--Pe-l-.i.ee 
director 
shall 
perform 
all 
the 
functions 
of 
the 
issuing 
SENATE AMENDMENT 
SENATE AMENDMENT" B" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
authority, including suspension and revocation of permits. 
The 
Ssase--Pe*iee--aFe director is entitled to 
receive 
any 
fees 
authorized for performing the functions of an issuing authority. 
The baiei-~-~~~~-Peliee director continues to serve as the 
issuing authority until the eaiei 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 baie~-e~-~he 
Ssa~e--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 bhie~-e~-she-S~a~e-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 bhie~-e~-~ae-S~ase-Pe~iee 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~a~e-Pe*iee director. 
Sec. T·70. 25 MRSA §2901, as amended by PL 1999, c. 668, 
§114, is further amended to read: 
§2901. 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 
iREeFeeFAeR~, Gaming and Licensing, the Office of the State Fire 
SENATE AMENDMENT 
SENATE AMENDMENT "Ib" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
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, Gaming 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: 
2-B. 
Beano and Games of Chance Division. 
"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 Pivision" means the 
division of the bureau that administers the laws of Title IS. 
chapter 15: Title 25. chapter 252; and Title 32. chapters 89 and 
.9..h. 
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: 
§82. 
Bureau of Liquor« Gaming and Licensing 
Sec. T·79. 28-A MRSA §82, sub-§1, as enacted by PL 1997, c. 
373, §28, is amended to read: 
SENATE AMENDMENT 
SENATE AMENDMENT "./!J" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
1. 
General superv.l.s.l.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 15; 
enforce the laws relating to the licensing and conduct of beano 
and games 9f chance pursuant t9 Title 17, chapters l3-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 t9 the issuance of licenses for private investigators 
and private security guards pursuant t9 Title 32, chapters 89 and 
.21; 
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 eaiei 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 
eaie~ 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 ;U(jY.9F 
e8i9FeemeR~-~~~~~~-e6aeF law enforcement officers to enter 
the premises at reasonable times for the purpose of investigating 
compliance with this Title. 
SENATE AMENDMENT 
SENATE AMENDMENT "t!>" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
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, "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 
e"-F~em~se off-premises retail licensee must be tagged in a 
manner 
and with a 
label approved by the 
eh~ef 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 
eh~e' 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 penalties for violating any provision of 
this section and the penal ties 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 
eh~e' 
director, or the eh~e'~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 eaie' 
director, or the ehie'~s director's designee, the District Court 
SENATE AMENDMENT 
SENATE AMENDMENT " . .0" 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-SS. 2S-A MRS A §1703, sub-§3, 1[A, as amended by PL 1997, 
c. 767, §6, is further amended to read: 
A. 
~e5 Thirteen cents per gallon on all malt beverages and 
hard cider sold in the State; 
Sec. T-S6. 2S-A MRSA §1703, sub-§S, as amended by PL 1997, c. 
373, §144, is further amended to read: 
5. 
Appropriation; funding- for Bureau of Liquor, Gaming- and 
Licensing-. 
The amount of funds appropriated from the General 
Fund to the Office of Substance Abuse, as established in Title 5, 
chapter 521, may not be less than the dollar amount collected or 
received by the alcohol bureau and bureau under this section.L 
however, as the first priority of any funds collected from 3¢ per 
gallon of the premium imposed purusant to subsection 3, paragraph 
A, funding must be provided to the Bureau of Liquor, Gaming and 
Licensing in the Department of Public Safety and the balance of 
the revenue from the 3¢ per gallon premium must be provided to 
the Office of Substance Abuse to fund substance abuse, jail and 
correctional facility diversion programs administered by that 
office. 
Sec. T·S7. 29·A MRSA §20S4, sub-§l, 1[B, 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; 
SENATE AMENDMENT 
SENATE AMENDMENT 1'.0 
to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
(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 
±i~~e~ ~ enforcement officer of the 
Bureau of 
Liguor, 
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; 
(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. 
SENATE AMENDMENT 
SENATE AMENDMENT "b" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
Sec. T·88. 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-89. 32 MRSA §8103, sub-§l, as amended by PL 2001, c. 
298, §1, is repealed. 
Sec. T -90. 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. 
I-B. 
Director. 
"Director" 
means 
the Director 
of 
the 
Bureau of Liquor, Gaming and Licensing. 
Sec. T-91. 32 MRSA §8104, sub-§l, as enacted by PL 1981, c. 
126, §2, is amended to read: 
1. 
License. 
Ne 
A 
person 
may 
not 
act 
as 
a 
private 
investigator 
without 
first 
obtaining 
from 
the 
eemm~ss~eae~ 
director a license to be a private investigator or investigative 
assistant. 
Sec. T -92. 32 MRSA §8105, 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 
wa~ea ~ 
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 saa;!.;!. must be made in writing, based upon evidence 
recorded by 
a 
governmental entity. 
The 
e9ffiffi~ss~9ae~ 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; 
SENATE AMENDMENT 
SENATE AMENDMENT "0,, to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
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-93. 32 MRSA §810S, sub-§S, 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; 
C. 
The date and place of birth, height, weight and color of 
eyes; 
D. 
A statement granting 
the 
eh~e~--9~--p9~~ee director 
authority 
to 
check 
the 
criminal 
records 
of 
any 
law 
enforcement agency. The applicant must agree to submit to 
having his the applicant'G 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 
SENATE AMENDMENT 
SENATE AMENDMENT Itf)" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
(6) 
Are you an illegal alien? 
By 
affixing 
Ris 
the 
applicant's 
signature, 
the 
applicant 
certifies that the information in the application provided by Rim 
the applicant is true and correct and that Re 
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-94. 32 MRSA §8105, sub-§7-A, 1[A, 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 
eemmissieae~ 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; 
Sec. T -95. 32 MRSA §8105, sub-§8, as enac ted by PL 1981, c. 
126, §2, is amended to read: 
8. 
Examination. Has passed an examination administered by 
the eeffimiss~eae~ director covering subjects pertaining to private 
investigation to be prescribed by Rim 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-96. 32 MRSA §8107, as enacted by PL 1981, c. 126, §2, 
is amended to read: 
§8107. Application for oriqinal license 
Applications for original licenses sRa~~ ~ 
be made to the 
eemmissieael' director in writing under oath on forms prescribed 
by hi.m the director with respect to the requirements of section 
8105. 
The 
application 
sRa~~ ~ 
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 Re the certifying citizen resides in the 
community in which the applicant resides, has a place of business 
or proposes to conduct Ris 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; 
SENATE AMENDMENT 
SENATE AMENDMENT .J!;" to COMMITTEE AMENDMENT "A" to H. P. 
L.D. 1614 
1190, 
3. 
Relation to applicant. That Be 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 
Be 
the 
certifying citizen has read the application and believes each 
statement in it to be true. 
Sec. T -97. 32 MRSA §8108, first 1(, as enac ted by PL 1981, c. 
126, §2, is amended to read: 
The 
eemmissieRe~ 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-98. 32 MRSA §8111, as enacted by PL 1981, c. 126, §2, 
is amended to read: 
S811l. Bonding requirement 
1. 
Requirement. A person licensed as a private investigator 
shall give to the 
eemmis6a.eRe~ director a bond in the sum of 
$10,000 if Be the person is a resident of the State and in the 
sum of $50,000 if Be the person is not a resident of the State. 
A person licensed as an investigative assistant shall give to the 
eemmissieR director a bond in the sum of $20,000. 
2. 
Form of bond. Each bond sBall m.u.s..t: 
A. 
Be in a form prescribed by the eemmissieRe~ 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-99. 32 MRSA §8113, first 1(, as amended by PL 2001, c. 
298, §4, is further amended to read: 
SENATE AMENDMENT 
SENATE AMENDMENT "i?J" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
The 
eElffiffiissiEl&eF 
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 IV 1, 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·IOO. 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 rule. 
Any violation of this 
chapter or any rule adopted by the eElffiffiissiEl&eF director; 
4. 
Aiding 
or 
abetting 
unlicensed practice of private 
investigation. 
Aiding 
or 
abetting 
the 
practice 
of 
private 
investigation by a person not duly licensed under this chapter 
and who represents Riffise*~-~e-ae that the person is duly licensed; 
6. 
Incompetence. 
Incompetence in the practice for which Re 
the person is licensed. A licensee sRa±±-ae-aeeffiea is considered 
incompetent in the practice if the licensee has: 
A. 
Engaged in conduct 
wRieR that evidences 
a 
ability or 
fitness 
to discharge 
the 
duty 
owed 
licensee to a client or the general public; or 
lack 
by 
of 
the 
B. 
Engaged in conduct wRieR ~ 
evidences 
a 
lack of 
knowledge, or inability to apply principles or skills to 
carry out the practice for which Re the licensee is licensed; 
Sec. T·IOI. 32 MRSA §8113-A, sub·§§l and 2, as enacted by PL 
1989, c. 917, §17, are amended to read: 
1. 
Innediate suspension. 
If the eElffiffiissie&eF 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 
eeffiffiissiEl&eF 
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 eElffiffiissiEl&eF director of the licensee's refusal and provide 
the 
eElffiffiissiEl&ElF 
director 
with 
a 
report 
of 
the 
facts 
and 
SENATE AMENDMENT 
SENATE AMENDMENT "h" to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1614 
1190, 
circumstances of the requirement to submit to chemical testing 
and of the licensee's refusal. 
Sec. T·I02. 32 MRSA §8114, sub·§I, 1r1fB, C and D, as enacted by 
PL 1981, c. 126, §2, are amended to read: 
B. 
To falsely represent that se the person is the holder of 
a valid license; 
C. 
To falsely represent that any person in sis 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 eemmissieae~ director. 
Sec. T·I03. 32 MRSA §8114, sub·§2, 1r1rA and C, as enacted by PL 
1981, c. 126, §2, are amended to read: 
A. 
To make any representation ws~es ~ 
suggests, or ws~es 
.that would reasonably cause another person to believe, that 
se 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 
sis 
~t~h~e~~p~r~1~'v~a~t~e 
investigator's 
license 
to 
the 
eemmissieae~ 
director 
following revocation or suspension. 
Sec. T·I04. 32 MRSA §§8115 and 8116, as enacted by PL 1981, 
c. 126, §2, are amended to read: 
§8115. Identification cards 
The 
eeRlRl~ssieae~ 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 
eemmissieae~ director 
under 
this 
chapter, 
the 
eeRlRlissieae~ 
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 eemmissieae~ 
director, the Attorney General may petition the Superior Court in 
the county where the refusal occurred to find the witness in 
SENATE AMENDMENT 
SENATE AMENDMENT "/)" to COMMITTEE AMENDMENT "A" to H. P. 1l90, 
L.D. 1614 
contempt. The Attorney General shall cause to be served on that 
witness an order requiring him the witness to appear before the 
Superior Court to show cause why he 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 him 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 eemmissie:a.ei? 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·I05. 32MRSA§8120·A, as enacted by PL 1997, c. 360, 
§5, is amended to read: 
§8l20-A. Firearms 
A private investigator licensed under this chapter may carry 
a firearm while performing the duties of a private investigator 
only after being issued a concealed weapons permit by the Ghie:!; 
e:!;--t.~--St-at-e--Peliee director under Title 25, chapter 252 and 
passing 
the 
written 
firearms 
examination 
prescribed 
by 
the 
eemmissie:a.ei? director. 
Sec. T·I06. 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·I07. 32 MRSA §9403, sub.§2, as enacteed by PL 1981, c. 
113, §2, is repealed. 
Sec. T·I08. 32 MRS A §9403, sub·§§2·A and 2-B are enacted to 
read: 
2-A. 
Bureau. 
"Bureau" means 
the Department of Public 
Safety. Bureau of Liquor. Gaming and Licensing. 
2-B. 
Director. 
"Director" 
means 
the 
Director of 
the 
Bureau of Liquor. Gaming and Licensing. 
Sec. T·I09. 32 MRSA §9403, sub-§5, as enacted by PL 1981, c. 
113, §2, is amended to read: 
SENATE AMENDMENT 
SENATE AMENDMENT "~,, to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
5. 
Licensing authority. 
"Licensing authority" means 
the 
Gemmissieae~-e~-PNB*ie-Sa~ety director. 
Sec. T-110. 32 MRSA §9404, sub·§l, as enacted by PL 1981, c. 
113, §2, is amended to read: 
1. 
Ne A person may not act as a security guard without 
first obtaining from the eemmissieae~ director a license to be a 
contract security company. 
Sec. T-111. 32 MRS A §9405, sub·§l.A, as enacted by PL 1987, c. 
170, §8, is amended by amending the first paragraph to read: 
l.-A. 
Criteria 
for 
issuing 
license. 
The 
eemmissieae~ 
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: 
Sec. T -112. 32 MRSA §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 
eemmissieae~ director, in 
judging good moral character, shall make his .e 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-113. 32 MRSA §9405, sub-§4, as amended by PL 1995, c. 
694, Pt. D, 
§S8 and affected by Pt. E, §2, is further amended 
SENATE AMENDMENT 
SENATE AMENDMENT "../5 .. to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1614 
to read: 
1190, 
4. 
Access to confidential records. 
Notwithstanding that 
certain records retained by governmental entities are by law made 
confidential, yet are necessary to the eelRHlissieaeF-'-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 
commissioner 
or his 
the 
director's designee, for inspection by and dissemination to the 
eemmissieaeF 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; 
C. 
Juvenile and adult crime records; and 
D. 
Military records. 
Sec. T·114. 32 MRSA §9407, sub·§l, as amended by PL 1983, c. 
221, §3, is further amended to read: 
1. 
Application; fee. 
Applications for original licenses 
sha~~ ~ 
be 
made 
to 
the 
eelRHlissieaeF 
director 
on 
forms 
prescribed by him 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~~ ffiJ.!ll be considered the 
original application and the same fees and all requirements of an 
original application sha~~ must apply. 
Sec. T·llS. 32 MRSA §9409, sub·§l, 1[A, as enacted by PL 1981, 
c. 113, §2, is amended to read: 
A. 
A person licensed under this chapter shall give to the 
eelRHlissieae~ director a bond in the sum of $10,000 if he the 
person is a resident, and in the sum of $50,000 if he the 
person is not a resident, of the State. 
Sec. T·116. 32 MRSA §9409, sub·§2, as enacted by PL 1981, c. 
113, §2, is amended to read: 
2. 
Form of bond. Each bond sha~~ ~ 
be: 
SENATE AMENDMENT 
SENATE AMENDMENT '.£" to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1614 
A. 
In a form prescribed by the eemmissieBe~ director; 
1l90, 
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 the 
licensee's own name, an action on the bond. 
Sec. T-117. 32 MRSA §9410, sub-§3, as enacted by PL 1981, c. 
113, §2, is amended to read: 
3. 
extend 
Filing. For good cause, the 
the 
period 
of 
filing 
the 
subsection 2. 
eemmissieBe!' 
application 
director may 
required 
by 
Sec. T·118. 32 MRSA §9410·A, as amended by PL 2003, c. 12, 
§1, is further amended to read: 
§94l0-A. Security guard qualifications 
1. 
Qualifications to be security guard. 
Ne 
A natural 
person may 1!Q.t be employed as a security guard by a contract 
security company unless the natural person meets the following 
minimum requirements: 
A. 
Is 18 years of age or older; 
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 
SENATE AMENDMENT 
SENATE AMENDMENT "jj" to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1614 
past 5 years; 
G. 
Is not a fugitive from justice; 
1190, 
H. 
Is not a 
drug abuser, 
drug addict or drug-dependent 
person; 
I. 
Is not potentially dangerous to 
h~Rlse;!,~ 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 IS-A, article -¥-
~, Parts 3 and 4, or if 
so adjudicated, has had that designation removed by an order 
under Title 18-A, section 5-307, subsection (b); and 
K. 
At the request of the contract security company, the 
eeRlRliSS~eBeF director or h~s the director's designeer takes 
whatever action is required of h~Rl the natural person by law 
to allow the contract security company, 
the 
eeRlRliSS~eBeF 
director or 
h~s 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 
eeRlRl~SS~eBeF 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 sha;!,;!, I!l1!§.t be made on 
forms prescribed by the 
eeRlRl~SS~eBeF director. The forms sha;!.;!, 
I!l1!§.t contain, 
9Qt--~~-~-~~mi~~-te 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 
eeRlRlissieBeF 
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 
SENATE AMENDMENT 
SENATE AMENDMENT "ij" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
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 ae 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 
eelMli.ssi.eael' 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. 
Wi thin 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 
eelMli.ssi.eael' 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 eelMli.ssieael' 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 eelMlissieael'.!.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 
saa~~ ~ 
be made 
available, at the request of the eemmieeieae~ director or Ris the 
director's designee, for inspection by and dissemination to the 
eemmissieael' director's or ais the director's designee: 
A. 
The records pertaining to involuntary 
Augusta Mental Health Institute and Bangor 
Institute; 
commitments to 
Mental Heal th 
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 ·119. 32 MRSA §9411·A, as amended by PL 1999, c. 547, 
Pt. B, §78 and affected by §80, is further amended to read: 
SENATE AMENDMENT 
SENATE AMENDMENT "b" to COMMITTEE AMENDMENT "A" to H. P. 1190, 
L.D. 1614 
§94ll-A. Refusal to renew; suspension; revocation; reapplication 
1. 
Refusal 
to 
renew; 
suspension; 
revocation. 
The 
ee"uR~66~eRef' director may refuse to renew a license, after a 
hearing in accordance with the Maine Administrative Procedure 
Act, Title 5, chapter 375, subchapter 
;J;V .4. The District Court 
may suspend or revoke the license of any person licensed under 
this chapter. The 
eefRfR~66~eRef' 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. 
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 eefRfR~ss~eaef' director has refused to renew or who has 
had a license revoked, is lli2.t. eligible for reapplication until 
the expiration of 5 years from the date of refusal to renew or 
revocation. 
Sec. T·120. 32 MRSA §9412, sub·§l, 1[1[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 a~s the 
employee's employ as a licensee; 
D. 
To make any false statement or material omission in any 
SENATE AMENDMENT 
SENATE AMENDMENT "13" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
application, any documents made a part of the application, 
any notice or any statement filed with the eemmissieBet 
director; or 
Sec. T-121. 32 MRSA §§9413 and 9414, as enacted by PL 1981, 
c. 113, §2, are amended to read: 
§9413. Change in status of license 
The licensee shall notify the eemmissieaet director within 
days of any change in ais the licensee's qualifying agent, 
officers or directors or material change in the 
information 
previously 
furnished 
or 
required 
to 
be 
furnished 
to 
the 
eemmissieaet 
director 
or 
any 
occurrence 
waiea 
.th.a.t. 
could 
reasonably be expected to affect the licensee's right to 
a 
license under this chapter. 
§9414. Powers of director 
1. 
Subpoenas. 
In 
any 
investigation 
conducted 
by 
the 
eemmissieaet 
director 
under 
this 
chapter, 
the 
eemmissieaet 
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 eemmj,ssieBet 
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 aim 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 h~m 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 eemmissieaet director shall adopt all rules 
necessary to administer this chapter. 
4. 
Expenses. The fees required under this chapter saall 
~ 
be applied to the expense of administering this chapter. 
Sec. T-122. 32 MRSA §9418, as enacted by PL 1987, c. 170, 
§19, is amended to read: 
§9418. Confidentiality of application and infonmation 
collected by director 
SENATE AMENDMENT 
SENATE AMENDMENT J!;.. to COMMITTEE AMENDMENT "A" to H. P. 1190, 
L.D. 1614 
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 
eemm~ssieReF director 
during the process of ascertaining whether an applicant is of 
good moral character and meets the additional requirements of 
sections 9405 and 941l-A, and all information of record collected 
by the 
eemm~ss~elleF director during the process of ascertaining 
whether 
a 
natural 
person meets 
the 
requirements 
of 
section 
94l0-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 
eemmiss~elleF 
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 
eemFRissielleF director or 
h~s the director's designee 
shall make a permanent record of each license to be a contract 
security company in a 
suitable book 
or file kept 
for 
that 
purpose. The record shall ~ 
include a copy of the license and 
shall ~ 
be available for public inspection. Upon a specific 
request, the eemm~ss~elleF director or h~s the director's designee 
shall provide a list of names and current addresses of security 
guards employed by licensed contract security companies. 
Sec. T-123. 36 MRSA §172, sub-§l, as amended by PL 1997, c. 
373, §17l, is further amended to read: 
1. 
Liquor licensee. If the taxpayer is a liquor licensee, 
to the Department of Public Safety, Bureau of Liquor EIl~eFeeFRell~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-124. 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 
SENATE AMENDMENT 
SENATE AMENDMENT .J" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
authority. 
2. 
All references in the Maine Revised Statutes, Title 17, 
chapter 13-11. 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 13-11. 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 13-11.. 
All existing rules and procedures in effect, 
in operation or 
adopted by the 
Chief 
of 
the State Police 
regarding Title 17, chapter 13-11. 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 
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 
Ti tIe 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 within 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 
SENATE AMENDMENT 
SENATE AMENDMENT "2>,, to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
Licensing. 
It is the express intent of the Legislature that all 
prov~s~ons of Title 28-A 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-A. 
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. 
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·125. 
Appropriations and allocations. 
appropriations and allocations are made. 
BEHAVIORAL AND DEVELOPMENTAL SERVICES, 
DEPARTMENT OF 
Office of Substance Abuse 
0619 
The 
following 
Initiative: 
Appropriates additional funds for substance abuse, 
jail and correctional diversion services. 
General Fund 
2003-04 
2004-05 
All Other 
$414,463 
$414,463 
General Fund Total 
$414,463 
$414,463 
BEHAVIORAL AND DEVELOPMENTAL SERVICES, 
Page Sl-LRI999(9) 
SENATE AMENDMENT 
SENATE AMENDMENT "B" to COMMITTEE AMENDMENT "A" to H.P. 1190, 
L.D. 1614 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL -
ALL FUNDS 
PUBLIC SAFETY, DEPARTMENT OF 
Bureau of Liquor, Gaming and Licensing 
2003-04 
2004-05 
$414,463 
$414,463 
$414,463 
$414,463 
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 
Bureau of Liquor, Gaming and Licensing 
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 Bureau of Liquor, Gaming and Licensing, one Director 
position, one Assistant Director position, one Liquor Training 
Coordinator position, 2 Public Safety Inspector I positions, one 
Administrative Secretary position, 2 Clerk Typist III positions, 
one Clerk Typist II position and necessary operating costs. 
SENATE AMENDMENT 
SENATE AMENDMENT ~" to COMMITTEE AMENDMENT "A" to H.P. 1l90, 
L.D. 1614 
Other Special Revenue Funds 
Positions - Legislative Count 
Personal Services 
All Other 
Capital Expenditures 
Other Special Revenue Funds Total 
2003-04 
(9.000) 
$557,525 
$236,190 
$64,500 
$858,215 
Licensing and Enforcement - Public Safety 
0712 
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 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, DEPARTMENT OF 
DEPAR'lMENT m'rALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPAIrl'MENT TOTAL -
ALL FURDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FONDS 
SECTION TOTAL -
ALL FUNDS 
2003-04 
(-9.000) 
($617,093) 
($236,583) 
($64,500) 
($918,176) 
2003-04 
$413,537 
($59,961) 
$353,576 
2003-04 
$828,000 
($59,961) 
$768,039 
2004-05 
(-9.000) 
($620,643) 
($241,310) 
$0 
($861,953) 
2004-05 
$413,537 
($59,574) 
$353,963 
2004-05 
$828,000 
($59,574) 
$768,426 
Sec. T-126. Effective date. 
That section of this Part that 
amends 
the Maine Revised Statutes, Title 28-A, 
section 1703, 
subsection 3, paragraph A takes effect July 1, 2003.' 
SUMMARY 
This 
amendment creates the Bureau of Liquor, 
Gaming and 
Licensing within the Department of Public Safety. 
The new bureau 
SENATE AMENDMENT 
SENATE AMENDMENT • .J!y" to COMMITTEE AMENDMENT 
.. A" to H. P . 
L.D. 1614 
1190, 
is responsible for administering and licensing and enforcing the 
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 the 
premium imposed on malt beverages and hard cider by 3¢ per gallon 
and requires that the increase be used to fund the new bureau and 
the excess to fund jail and correctional facility substance abuse 
diversion 
programs 
administered 
by 
the 
Office 
of 
Substance 
Abuse. 
The increased premium adds approximately 1.7¢ per 6-pack 
of beer. 
/ 
SPONSORED BY: 
(Senator MARTIN) 
COUNTY: 
Aroostook 
FISCAL NOTE REQUIRED 
(See attached) 
-----
SENATE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Fiscal Detail and Notes 
Approved: 06/11103 .:;tvac::.. 
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(09) 
Fiscal Note for Senate Amendment 'fj' to Committee Amendment "A" 
Sponsor: Sen. Martin 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projections 
2003-04 
2004-05 
2005-06 
2006-07 
$0 
$0 
$0 
$0 
$828,000 
$828,000 
$828,000 
$828,000 
($59,961) 
($59,574) 
($59,574) 
($59,574) 
$828,000 
$828,000 
$828,000 
$828,000 
This amendment has no net effect on the General Fund. 
LR1999(9) - Fiscal Note - Page 1 of 1