An Act To Support Harness Horse Racing in Maine, Equine Agriculture in Maine, Maine Agricultural Fairs and the General Fund of the State
Maine Legislature, Session 121, LD 1361
Committee: Legal and Veterans Affairs
Sponsors: GAGNON
Amends: 5 MRSA §1591, 7 MRSA §76, 8 MRSA §271, 8 MRSA §27, 17 MRSA §348, 25 MRSA §3902, 36 MRSA §6652

Legislative Document 
No. 1361 
S.P.449 
In Senate, March 18,2003 
An Act To Support Harness Horse Racing in Maine, Equine 
Agriculture in Maine, Maine Agricultural Fairs and the General 
Fund of the State 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed . 
Presented by Senator GAGNON of Kennebec . 
JOY J. O'BRIEN 
Secretary of the Senate 
Under suspension of the rules, cosponsored by Representative CLARK of Millinocket and 
Senators: CATHCART of Penobscot, President DAGGETT of Kennebec, HATCH of 
Somerset, MITCHELL of Penobscot, Representatives: BOWLES of Sanford, BRUNO of 
Raymond, BRYANT -DESCHENES of Turner, Speaker COLWELL of Gardiner, DUNLAP of 
Old Town, DUPLESSIE of Westbrook, GERZOFSKY of Brunswick, JENNINGS of Leeds, 
LEWIN of Eliot, McGOWAN of Pittsfield, PERRY of Bangor, RICHARDSON of Brunswick, 
TARDY of Newport, USHER of Westbrook. 
Printed on recycleJ papt'f 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §1591 is enacted to read: 
§1591. 
Working capital advances 
The State Controller is authorized to advance to the Maine 
State Lottery Commission up to $750,000 from the General Fund 
unappropriated 
surplus 
for 
any 
necessary 
start-up 
costs 
associated with the implementation of a system of video lottery 
terminals in the State pursuant to Title 17, chapter 16. 
Funds 
advanced for this purpose must be returned to the General Fund 
unappropriated surplus from the first $750,000 received by the 
State under Title 17, section 383, subsection 1, paragraph A. 
Sec. 2. 7 MRSA §76 is enacted to read: 
§76. Agricultural Fair Support Fund 
1. Fund created. The Treasurer of State shall establish an 
account to be known as "the Agricultural Fair Support Fund" and 
shall credit to it all the money received under Title 17, section 
383, subsection 1, paragraph D. 
2. 
Disbursement: 
purses 
at 
fairs. 
As 
long 
as 
those 
agricultural fairs that are licensed to and do accept pari-mutuel 
wagers on horse races are entitled to distributions from the fund 
created by Title 8, section 297, 60% of the funds received by the 
Treasurer of State for deposit to the Agricultural Fair Support 
Fund must immediately upon receipt be transferred to the fund 
created by Title 8, section 297. 
3. 
Disbursement: fair premiums. 
No later than January 31st 
of each year, all funds held as of the end of the previous 
calendar year in the Agricultural Fair Support Fund after all 
disbursements authorized under subsection 2 have been made must 
be distributed by the Treasurer of State among all entities 
licensed as agricultural fairs by the department. 
These funds 
must be distributed in the Same proportion as funds distributed 
for premium reimbursement and may be used by each fair in its 
discretion. 
Sec.3. 8 MRSA §271, sub-§§10 to 12 are enacted to read: 
10. 
Transfer of co.ercial track license. 
Notwithstanding 
the provisions of subsection 1 and subject to the approval of the 
commission, a license to operate a commercial track and any dates 
assigned to that commercial track may be assigned to any other 
racetrack as long as the racetrack, 
following the assignment. 
Page l-LR0995(1) 
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• 
meets the definition of a commercial track set forth in section 
275-A. 
II. 
Change in ownership of commercial track licensee. 
Notwithstanding 
the 
prov1s10ns 
of 
subsection 1, 
a 
voluntary 
change in the ownership, legal or eguitable, of more than 50~ of 
a business entity licensed to operate a commercial track does not 
effect a revocation of that license as long as the transfer is 
approved 
in 
advance 
by 
the 
commission, 
and 
an 
involuntary 
transfer of more than 50~ of the stock of such a business entity 
does not effect a revocation of such a license as long as the 
transfer is approved by the commission within 180 days of the 
involuntary transfer. 
12. 
Change in oWDership of off-track betting facility. 
Notwithstanding anything to the contrary, a voluntary change in 
the ownership, legal or eguitable, of more than 50~ of a business 
entity licensed to operate as an off track betting facility does 
not effect a revocation of that license as long as the transfer 
is approved in advance by the commission, 
and an involuntary 
transfer of more than 50~ of the stock of such a business entity 
does not effect a revocation of such a license as long as the 
transfer is approved by the commission within 180 days of the 
involuntary transfer. 
Sec. 4. 8 MRSA §27S-A, sub-§l, 1f1fA and B, as repealed and 
replaced by PL 1999, c. 482, §2 and affected by §10, are amended 
to read: 
A. If the population of the region is 300,000 or more, based 
on the 1990 U.S. Census, conducted racing on more than 100 
days in each of the previous 2 calendar years, except that, 
if a racetrack that gualifies as a commercial track under 
this 
paragraph 
ceases 
operation, 
a 
separate 
racetrack 
operated by the owner or operator of the racetrack that, t 
ceased operation gualifies as a commercial track and for all 
purposes is considered the 
same 
track as 
the track it 
replaces if the popUlation of the region of that separate 
racetrack is 300,000 or more, 
based on the 1990 United 
States Census, and the sum of the live race days conducted 
at 
the 
track 
that 
ceased 
operation 
and 
the 
separate 
racetrack eguals at least 100 in each of the 2 preceding 
calendar years; or 
B. 
If the popUlation of the region is less than 300,000, 
based on the 1990 U.S. Census, conducted racing on more than 
days in each of the previous 2 calendar years, except 
that, if a racetrack that gualifies a commercial track under 
this 
paragraph 
ceases 
operation, 
a 
separate 
racetrack 
operated by the owner or operator of the racetrack that 
ceased operation gualifies as a commercial track and for all 
purposes is considered the 
same 
track as 
the track it 
replaces if the population of the region of that separate 
racetrack is less than 300,000, based on the 1990 United 
States Census, and the sum of the live race days conducted 
at the racetrack that ceased operation and the separate 
racetrack equals at least 26 in each of the 2 preceding 
calendar years. 
Sec. 5. 8 MRSA §§296 and 297 are enacted to read: 
§296. 
Fund for commercial tracks 
1. 
Fund created. 
A fund is established to which the 
Treasurer of State shall credit all payments received pursuant to 
Title 17, section 383, subsection 1, paragraph E for distribution 
in accordance with this section. 
2. 
Distribution. 
On May 30th, September 30th and January 
30th, 
all amounts 
credited to 
the 
fund established by this 
section as of the last day of the preceding month and not 
distributed 
before 
that 
day 
must 
be 
distributed 
to 
each 
commercial track, as defined in section 275-A, subsection 1, that 
was not licensed to or in fact did not operate video lottery 
terminals, as defined in Title 17, section 361, subsection 19, 
during all or any part of the year at a time when some other 
entity did operate video lottery terminals, with each commercial 
track 
receiving 
that 
amount 
of 
the 
money 
available 
for 
distribution 
determined 
by 
multiplying 
that 
amount 
times 
a 
fraction, the numerator of which is the total number of live race 
days conducted by the commercial track during the preceding time 
period and the denominator of which is the total number of race 
days conducted by all commercial tracks during that time period. 
The payment in January must be adjusted so that for the prior 3 
time periods each commercial track receives that fraction of the 
total 
money 
distributed 
over 
the 
full 
year 
from 
the 
fund 
established by this section, the amount determined by multiplying 
the total amount of money times a fraction, 
the numerator of 
which is the number of live race days conducted by the commercial 
track during the calendar year and the denominator of which is 
the total number of race days conducted by all such commercial 
tracks during that calendar year. 
5297. 
Fund to supplement harness racing purses 
1. 
Fund created. 
A fund is established to which the 
Secretary of State shall credit all payments received pursuant to 
Title 17, section 383, subsection 1, paragraph B for distribution 
in accordance with this section. 
... 
• 
• 
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• 
2. 
Distribution. 
On May 30th, September 30th and January 
30th, all amounts 
credited to the 
fund established by this 
section as of the last day of the preceding month and not 
distributed 
before 
that 
day 
must 
be 
distributed 
to 
each 
commercial track, as defined in section 275 A, subsection 1, and 
to each agricultural fair association that during the preceding 
trimester has conducted live racing with pari-mutuel wagering on 
dates assigned by the commissioner pursuant to Title 7, section 
65, 
with 
each 
commercial 
track 
and 
each 
agricultural 
fair 
association receiving that amount of the money available for 
distribution 
determined 
by 
multiplying 
that 
amount 
times 
a 
fraction, the numerator of which is the total number of live race 
dashes conducted by the commercial track or agricultural fair 
association during the preceding time period and the denominator 
of which is the total number of race dashes conducted by all 
commercial tracks and agricultural fair associations during that 
time period. 
The payment in January must be adjusted so that for 
the pr ior 3 time periods each commercial track or agr icul tural 
fair 
association 
entitled 
to 
a 
distribution 
receives 
that 
fraction of the total money distributed over the full year from 
the fund established by this section, the amount determined by 
mUltiplying the total amount of money times 
a 
fraction, 
the 
numerator of which is the number of live race dashes conducted by 
the commercial track or agricultural fair association during the 
calendar year that qualify for a distribution and the denominator 
of which is the total number of race dashes conducted during that 
calendar 
year 
by all 
such fairs 
on 
dates 
assigned 
by 
the 
commissioner 
pursuant 
to 
Title 
7, 
section 
and 
by 
all 
commercial 
tracks 
during 
that 
calendar 
year. 
The 
funds 
distributed pursuant to this section must be used to supplement 
harness racing purses. 
Sec. 6. 17 MRSA §348 is enacted to read: 
§348. 
Video lottery terminals exempted 
Except as expressly provided in chapter 16, this chapter 
does not apply to video lottery terminals as defined in section 
361. 
Sec. 7. 17 MRSA c.16 is enacted to read: 
CHAPTER 16 
VIDEO LOTTERY TERMINALS 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§361. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Associated equipment. 
"Associated equipment" means any 
proprietary device, machine or part used in the manufacture or 
maintenance of 
a 
video lottery terminal, 
including, 
but not 
limi ted to, integrated circuit chips, printed wire assemblies, 
printed wire boards, printing mechanisms, video display monitors 
and metering devices. 
2. 
Cooanission. 
"Commission" means the Maine State Lottery 
Commission. 
3. 
Director. 
"Director" means the Director of the Bureau 
of 
Alcoholic 
Beverages 
and 
Lottery 
Operations 
wi thin 
the 
Department of Administrative and Financial Services. 
4. 
Drug abuser. 
"Drug abuser" has the same meaning as in 
Title 5, section 20003, subsection 10. 
5. 
Drug addict. 
"Drug addict" has the same meaning as in 
Title 5, section 20003, subsection 11. 
6. 
Drug-dependent person. 
"Drug-dependent person" has the 
same meaning as in Title 5, section 20003, subsection 12. 
7. 
Formal 
charging 
instrument. 
"Formal 
charging 
instrument" means a complaint, indictment, information, juvenile 
~p""e,--,t~i"-t><=.i-",o-",n,-----,o",-"-r--,o"--t""h=e-",r~f",-o",-",r-,-,m,-"a"-,l,--,,w,-,,r,-,,i,,-,t,,,-t",-e",-",n,------,a",-c",-",c-"u",s<.>a"-,t,,,-,l=-" o""-='n'----'a"'-g~a""i'-"n"-'s"--"'t a pe r son for 
some criminal or juvenile offense. 
8. 
Fugitive from justice. 
"Fugitive from justice" has the 
same meaning as in Title 15, section 201, subsection 4. 
9. 
Gross terminal income. 
"Gross terminal income" means 
money or credits inserted into a video lottery terminal minus 
money or credits or prizes paid out to winners. 
10. 
Licensee. 
"Licensee" means an entity licensed by the 
commission to operate a video lottery terminal in accordance with 
section 371. 
11. 
Bet terminal income. 
"Net terminal income" means money 
~emaining after 
disbursement 
of 
video 
lottery 
credits 
and 
deductions of administrative expenses. 
12. 
Off-track 
betting 
facility. 
"Off-track 
betting 
facility" has the same meaning as in Title 8, section 275-A. 
• 
• 
• 
lit 
13. 
Qperate. 
"Operate" means to offer for public use. 
14. 
Payback value. 
"Payback value" means 
the value of 
money or credits granted to players by a video lottery terminal 
compared to the value of money or credits inserted into the 
terminal by players, calculated on an annual basis. 
15. 
Person. 
"Person" means 
an individuaL 
corporation, 
association or partnership. 
16. 
Racing cODlllission. 
"Racing commission" means the State 
Harness Racing Commission. 
17. 
Reckless or negligent conduct. 
"Reckless or negligent 
conduct" 
means 
that an applicant for 
a 
license pursuant 
to 
section 374, either consciously disregarding or failing to be 
aware of a risk that the applicant's conduct would cause such a 
result. engaged in conduct that in fact created a substantial 
risk of death, serious bodily injury or bodily injury to another 
human being and the applicant's disregard or failure to be aware 
of that risk, when viewed in light of the nature and purpose of 
the 
applicant's 
conduct 
and 
the 
circumstances 
known 
to 
the 
applicant, involved a deviation from the standard of conduct that 
a 
reasonable 
and 
prudent person would 
observe 
in the 
same 
situation. 
18. 
Uniform 
location 
agreement. 
"Uniform 
location 
agreement" means 
a written agreement between a licensee and a 
video lottery terminal distributor that governs the terms and 
conditions of the placement of video lottery terminals on the 
premises of the licensee and that is on a form developed by the 
Chief of the State Police. 
19. 
Video lottery terminal. 
"Video lottery terminal" means 
any mechanicaL electrical or electronic device, contrivance or 
machine 
or 
other 
device, 
contrivance 
or 
machine 
that, 
upon 
insertion of a coin, token, credit or similar object or thing of 
value, is available to play or operate, the play or operation of 
which by the element of chance may deliver or entitle the person 
playing or 
operating the 
device, 
contrivance 
or 
machine 
to 
receive 
cash, 
tokens 
or 
credits 
to 
be 
exchanged 
for 
cash, 
merchandise or anything of value, whether the payoff is made 
automatically from the device, contrivance or machine or in any 
other manner. 
20. 
Video lottery terminal distributor. 
"Video lottery 
terminal distributor" means a person who is licensed to own video 
lottery terminals and who is licensed to distribute or place 
video lottery terminals or associated eguipment for use in the 
State. 
21. 
Video lotteq terminal manufacturer. 
"Video lottery 
terminal manufacturer" means a person who is licensed to assemble 
or produce video lottery terminals or associated equipment for 
use in the State. 
22. 
Video 
lottery terminal 
wholesaler. 
"Video 
lottery 
terminal wholesaler" means a person who is licensed to sell video 
lottery terminals or associated equipment for distribution 1n 
this State. 
§362. 
License required 
A person may manufacture, distribute, sell, operate or place 
a video lottery terminal for use in this State if the person is 
licensed to do so by the commission under section 373, but not 
otherwise. 
A person may not place for public use or operate a 
video lottery terminal in this State unless the video lottery 
terminal is registered with the commission. 
§363. 
Administration and enforcement 
The Chief of the State Police and the commission shall 
enforce and administer the provisions of this chapter. 
§364. 
Powers and duties of Chief of State Police 
1. 
Powers. 
In addition to powers conferred by any other 
provision of law, the Chief of the State Police may: 
A. 
Regulate, supervise and exercise general control over 
the operation of video lottery terminals; 
B. 
Investigate the direct or indirect ownership or control 
of any licensee under this chapter; 
C. 
Adopt rules necessary to administer and enforce this 
chapter 
and 
may 
also 
jointly 
adopt 
rules 
with 
the 
commission. 
These 
rules are routine technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A; 
D. 
In any investigation conducted under this chapter, issue 
subpoenas to compel the attendance of witnesses and the 
production of evidence relevant to any fact at issue; and 
E. 
Approve or disapprove terms and conditions of uniform 
location agreements under section 371, subsection 6. 
2. 
Duties. 
The Chief of the State Police shall: 
• 
• 
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• 
A. 
Investigate or cause to be investigated all complaints 
made to the State Police and all violations of this chapter 
or the rules adopted under this chapter; 
B. 
Adopt 
rules, 
which 
are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A, to prevent 
undesirable 
conduct 
relating to 
the operation of 
video 
lottery terminals, including the following: 
( 1) 
The practice of any fraud or deception upon a 
player of a video lottery terminal; 
(2) 
The presence of a video lottery terminal in or at 
premises that may be unsafe due to fire hazard or other 
such conditions; 
(3) 
The use of obscene advertising; 
(4) 
The solicitation on a public way of persons to 
play video lottery terminals; 
(5) 
The 
infiltration of 
organized 
crime 
into 
the 
operation 
of 
video 
lottery 
terminals 
or 
into 
the 
distribution of the terminals; 
(6) 
The presence of disorderly persons in a location 
where video lottery terminals are in use: and 
(7) 
In promoting, advertising or otherwise marketing 
the operation of video terminals, the use of any words 
that describe or characterize such operations in 
a 
manner not otherwise presently legal in the State; 
C. 
Direct 
the 
director 
to 
disable 
any 
video 
lottery 
terminal if the Chief of the State Police has reason to 
believe that: 
(1) 
A person has illegally tampered with the video 
lottery terminal; 
(2) 
The funds from the video lottery terminal have not 
been distributed, deposited or allocated in accordance 
with section 383; 
(3) 
The 
video lottery terminal 
does 
not meet 
the 
licensure reguirements of this chapter; or 
(4) 
A licensee is guilty of criminal conduct; and 
D. 
In accordance with the Maine Administrative Procedure 
Act. 
develop 
industry 
standards 
for 
uniform 
location 
agreements to be used as the basis of agreements between 
video lottery terminal distributors and licensees under this 
chapter. 
§365. 
Powers and duties of director 
1. 
Powers. 
In addition to powers conferred by any other 
provision of law, the director may: 
A. 
Propose to the commission rules for adoption necessary 
to administer and enforce this chapter, including rules to 
be 
adopted jointly with the Chief of the State Police. 
These rules are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A: and 
B. 
Subject 
to 
approval 
of 
the 
commission 
and 
to 
any 
applicable laws relating to public contracts, enter into a 
contract for performance of the director's duties under this 
chapter. 
All contracts must be awarded in accordance with 
rules 
adopted 
by 
the 
Department 
of 
Administrative 
and 
Financial Services pursuant to Title 5, chapters 141 to 145 
and Title 5, sections 1812 and 1813. 
A contract awarded or 
entered into by the director may not be assigned by the 
holder of the contract. except by specific approval of the 
commission. 
2. 
Duties. 
The director shall: 
A. 
Develop, install and test a central computer system with 
dial-up polling to all video lottery terminals 
licensed 
under section 372 to provide auditing program information. 
The system must use continuous on-line polling. 
The central 
computer system may not limit participation to only one 
manufacturer of video lottery terminals by either the cost 
in 
implementing 
the 
necessary 
program 
modifications 
to 
communicate or the inability to communicate with the centra~ 
computer system: 
B. 
Maintain and monitor the central computer system under 
paragraph A to ensure compliance with this chapter: 
C. 
Attempt to determine the cause of any video lottery 
terminal malfunction detected by the central computer system 
under paragraph A and notify the Chief of the State Police 
of any suspected tampering with a video lottery terminal or 
any other violation of this chapter or the rules adopted 
under this chapter: 
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• 
• 
D. 
Disable a 
video lottery terminal through the central 
computer s~em under paragraph A as directed_ by the Chief 
of the State Police in accordance with section 364; 
~--' __ Collect funds _due the State under section 383; 
f. ____ Lmmediat_ely __ n~t~Lt:-y __ th~_Chief __ ~f 
Jjailure_~_i;!.ilY.--.-Yideo lotteJ;'~minal 
with ~Qj:ion_38J1 
State Police of 
th_~ 
distributor to coIDQly 
,G_. __ Certify 
monthly 
to 
the 
Treasurer 
of 
State, 
the 
commission 
and 
the 
Commissioner 
of 
Administrative 
and 
Financial Services 
i;L fulL and_ coI1l11lete 
statement of all 
v.:LQ.eo 
lottery 
terminal 
revenue, 
credits 
disbursed ~ 
licensees under this chapter and administrative expenses and 
the allocation of net terminal 
income 
for 
the preceding 
monthL 
H. 
Submit by January 15th an annual report to the Governor 
~@ the~nt standing committee of the Legislature having 
jurisdiction over legal affairs of video lottery terminal 
revenue, 
credits 
disbursed 
by 
licensees, 
administrative 
expenses and the allocation of net terminal income for the 
preceding year: 
I. 
Prepare and submit to the Commissioner of Administrative 
and Financial Services a budget for the administration of 
this chapter; 
J. 
Cooperate 
with 
the 
Chief 
of 
the 
State 
Police 
in 
implementing and enforcing the provisions of this chapter j 
K. 
Cooperate with the racing commission in implementing and 
enforcing the provisions of this chapter. 
§366. 
AppliCability of chapter 14 
Except as expressly provided in this chapter, chapter 14 
does not apply to video lottery terminals. 
SUBCHAPTER 2 
LICENSING 
§371. 
License to operate 
1. 
Eligible persons. 
The commission may issue a license to 
operate video lottery terminals to any person who is licensed to 
operate 
a 
commercial 
trac-.k~j.thin the 
section 27S-A, and may issue a license to 
to January 1, 2003, has been licensed to 
betting facility. 
meaning 
of Title 
8, 
any person who, prior 
operate an off-track 
2. 
Terminals. 
The license under subsection 1 must specify 
the maximum number of video lottery terminals that the licensee 
ma::{ operate on its premises. 
In the case of a commercial track 
within the meaning of Title 8, 
section 27S-A, 
subsection 1, 
paragraph A, 
that number must be 1, SOO 
unless the commission 
finds that the commercial track will not, in a reasonable period 
of time and in the licensee's opinion, be able to accommodate 
1,SOO video lottery terminals. 
In the case of a commercial track 
within the meaning of Title 8, 
section 27S-A, 
subsection 1, 
paragraph B, that number must be 1,000 unless the commission 
finds that the commercial track will not, in a reasonable period 
of time and in the licensee's opinion, be able to accommodate 
1,000 video lottery terminals. 
In the case of an off-track 
betting facility, the number must be 200, unless the commission 
finds 
that the off-track betting facility will not, 
in the 
licensee's opinion, 
be able to accommodate 
video lottery 
terminals. 
Except 
as 
expressly 
provided 
otherwise 
in 
this 
chapter, the number of video lottery terminals may be increased 
upon 
subsequent 
application 
to 
the 
commission, 
which 
shall 
consider, 
among other relevant criteria, 
the 
relative market 
success of the licensee and the usage history of the licensee's 
existing video lottery terminals. 
3. 
Conditions on increase. 
An off-track betting facility 
may not increase the number of terminals over 200 unless either: 
A. 
The licensee under subsection 1 has obtained the prior 
consent of all commercial tracks located within 60 miles of 
the off-track betting facility; 
B. 
The licensee under subsection 1 will not. after the 
increase, have more than 20% of the number of video lottery 
terminals of the commercial racetrack located nearest to 
that licensee if that track is a 
commercial track under 
Title 8, section 27S-A, subsection 1, paragraph Bj or 
C. 
The licensee under subsection 1 will may not, after the 
increase, have more than 14% of the number of terminals of 
the commercial track located nearest to that licensee if 
that track is a 
commercial track under Title 8, 
section 
27S-A, subsection 1, paragraph A. 
4. 
Restrictions on terminals for 
commercial 
tracks 
and 
off-track betting facilities in close proximity. 
Notwithstanding 
so 
subsection 3, if a commercial track is or comes to be located 
Page ll-LR099S(1) 
• 
within 15 miles of an off track betting facility, except as a 
result of the relocation of the off track betting facility, then 
the total number of video lottery terminals that may be located 
at those facilities at those facilities must be the same number 
that would be located at those facilities if the licensees under 
this chapter were not in such proximity and, unless the licensees 
agree otherwise, the video lottery terminals must be apportioned 
between the licensees as follows: 
A. 
If the commercial track is located within 15 miles of 
but more than 10 miles from the off track betting facility, 
the off track betting facility must be allocated 20% of the 
total number of video lottery terminals allocated to both 
facilities: 
B. 
If the commercial track is located within 10 miles of 
but more than 5 miles from the off track betting facility, 
the off track betting facility must be allocated 25% of the 
total number of video lottery terminals allocated to both 
facilities: or 
c. 
If the commercial track is located within 5 miles of the 
off track betting facility, the off track betting facility 
must be allocated 33% of the total number of video lottery 
terminals allocated to both facilities. 
A licensee may operate video lottery terminals on any day during 
the calendar year but, in the case of a commercial track, only at 
the 
commercial 
track itself 
ex~c~e~p~t~~a~s~_e~x~p~r~e~susLl~.y~_p~r~o~v~i~d~e~d~_1~'n~ 
subsection 8 and, in the case of an off track betting facility, 
only at the off-track betting facility itself. 
5. 
Terminals located; prohibit persons under 18 years o.f 
age. 
A licensee under this chapter shall prohibit persons under 
2l years of age from any area in which a video lottery terminal 
is located, except that persons 18 to 20 years of age may be 
present if directly employed by the licensee or a video lottery 
terminal distributor. 
6. 
Uni.form location agreement. 
Each video lottery terminal 
is subject to a 
uniform location agreement between the video 
lottery 
terminal 
distributor 
and 
the 
licensee 
under 
this 
chapter. 
A copy of the agreement must be submitted to the 
commission. 
The uniform location agreement is the complete and 
sole 
agreement 
between 
the 
licensee 
and 
the 
video 
lottery 
terminal distributor regarding video lottery terminals. 
No other 
agreement between the licensee and the video lottery terminal 
distributor is legally binding. 
Page l2-LR0995(1) 
7. 
Disclosure of other contracts and agreements. 
A video 
lottery terminal distributor shall disclose to the Chief of the 
State Police any other contracts or agreements that the video 
lottery terminal distributor or a subsidiary of the video lottery 
terminal distributor has made with a licensee under this chapter. 
8. 
Restriction against proliferation. 
A license may not be 
issued under subsection 1 to any commercial track located within 
miles of any existing commercial track or to any off-track 
betting facility not licensed to accept pari-mutuel wagers on 
January 1, 2002. 
A license may be issued under subsection 1 to 
the 
owner 
of 
a 
commercial 
track 
to 
operate 
video 
lottery 
terminals at a 
single off-track betting facility licensed in 
accordance 
with Title 
8, 
section 
275-D 
and 
opened 
by 
the 
commercial track after January 1, 2002. 
Any off-track betting 
facility may relocate its facility to a different location within 
miles of its existing location as long as: 
A. 
Consent to that relocation has been obtained from the 
off-track betting facility located closest to the proposed 
location and from any commercial track located wi thin 50 
miles of the off-track betting facility; and 
B. 
In the event the off-track betting facility is relocated 
to a different municipality, the licensee has received the 
approval of the municipality in which the new facility is to 
be located. 
§372. 
Licensing of video lottery terminals 
1. 
License required. 
A video lottery terminal may not be 
distributed for public use or operated in this State unless the 
video lottery terminal is licensed by the Chief of the State 
Police, the operator is licensed by the Chief of the State Police 
and the owner of the video lottery terminal is licensed under 
either section 371 or section 373. 
The video lottery terminal 
license 
must 
be 
prominently displayed 
on 
the 
video 
lottery 
terminal. 
Language describing the odds of winning the game and 
warning 
of 
the 
danger 
of 
compulsive 
gambling 
must 
also 
be 
prominently displayed on the video lottery terminal. 
2. 
Requirements 
for 
license. 
To 
be 
licensed 
under 
subsection 1, a video lottery terminal: 
A. 
May offer only games permitted by the Chief of the State 
Police; 
B. 
May not have any means of manipUlation that affect the 
random probabilities of winning a game; 
• 
C. 
Must have one or more mechanisms that accept coins or 
cash in the form of bills and that are designed to prevent a 
person from obtaining credits or cash without paying; 
D. 
Must be designed to suspend operation until reset if a 
person attempts, by physical or other tampering, to obtain 
credits or cash without paying; 
E. 
Must 
have 
nonresettable meters 
housed in 
a 
readily 
accessible locked video lottery terminal area that keep a 
permanent record of all cash inserted into the video lottery 
terminal, 
credits or 
cash awarded 
by 
the video lottery 
terminaL 
credits 
played 
for 
video 
games 
and 
credits 
distributed by tickets made by the video lottery terminal's 
printer; 
F. 
Must be capable of printing a ticket voucher stating the 
value of the credits for the player at the end of play; the 
time of day in 24-hour format showing hours and minutes; the 
date; 
the 
video 
lottery 
terminal's 
serial 
number; 
the 
sequential number of the ticket vouchers; and an encrypted 
validation number from which the validity of the credits may 
be determined; 
G. 
Must have accounting software that keeps an electronic 
record of information that includes, but is not limited to: 
total cash inserted into the video lottery terminal; total 
cash awarded; total credits played for video games and total 
credi ts distributed by tickets made by the video lottery 
terminal's printer; and the payback percentage of each video 
game; and 
H. 
Must be linked to the central computer system developed 
under section 365 to provide auditing program information 
within the time periods prescribed in that section. 
3. 
Payback value. 
The payback value of a video lottery 
terminal 
may not be less than 85% on an average annual basis. 
4. 
Examination of prototypes. 
The 
Chief 
of 
the State 
Police and the Attorney General shall examine prototypes of video 
lottery 
terminals 
and 
associated 
equipment 
of 
manufacturers 
seeking a license as required in this chapter. 
The Chief of the 
State Police shall require the manufacturer seeking examination 
and 
approval 
of 
the 
video 
lottery 
terminal 
or 
associated 
equipment to pay the anticipated actual cost of the examination 
before the examination occurs. 
After the examination occurs, the 
Chief of the State Police shall refund overpayments or charges 
and collect amounts sufficient to reimburse the Chief of the 
State Police for underpayments of actual cost. 
The Chief of the 
State Police may contract for the examinations of video lottery 
terminals and associated equipment as required by this section. 
5. 
Unlicensed 
video 
lottery 
terminal 
subject 
to 
confiscation. 
Any video lottery terminal that is not licensed as 
required by subsection 1 is contraband and a public nuisance and 
is subject to confiscation by any law enforcement officer. 
6. 
Ownership of video lottery terminals. 
An entity may not 
place or operate a video lottery terminal for use in this State 
if the video lottery terminal is owned by any other entity, other 
than a 
video lottery terminal distributor licensed under this 
chapter. 
§313. 
Licensing of video lottery terminal manufacturer, video 
lotte~ terminal distributor, video lottery terminal 
wholesaler or video lottery terminal operator 
1. 
Qualifications. 
A 
person 
may 
be 
licensed 
by 
the 
commission 
as 
a 
video 
lottery 
terminal 
manufacturer, 
video 
lottery terminal distributor, video lottery terminal wholesaler 
or video lottery terminal operator if the person: 
A. 
Is of good moral character; 
B. 
Has not been convicted of a crime punishable by one year 
or more of imprisonment in any jurisdiction, unless at least 
years have passed since satisfactory completion of the 
sentence or probation imposed by the court for the crime; 
C. 
Has not been convicted of a violation of this chapter or 
chapter 14; 
D. 
Is not a fugitive from justice, a drug abuser, 
a drug 
addict, a drug dependent person, an illegal alien or person 
who was dishonorably discharged from the United States Armed 
Forces within 5 years prior to the date of application; 
E. 
Has completed the application form and complied with the 
requirements of section 374; 
F. 
Has sufficient financial assets to meet any financial 
obligations imposed by this chapter; and 
G. 
Has not knowingly made 
a false statement of material 
fact in applying for a license under this chapter or chapter 
14. 
2. 
Requirement for license. 
A person may not manufacture 
for distribution in or to the State and may not distribute in the 
.. 
State any video lottery terminal unless the person is licensed 
under this section or section 371. 
§374. 
Applications 
1. 
chapter, 
be on the 
contain, 
regarding 
Form. 
An application for a license reguired under this 
except for a license to operate under section 371, must 
form provided by the commission. 
The application must 
but 
is 
not 
limited 
to, 
the 
following 
information 
the individual applicant and each officer , 
director , 
partner or owner of any interest in a corporation, partnership or 
association applying for a license: 
A. 
Full name: 
B. 
Full current address and addresses for the prior 5 years; 
c. 
A record of previous issuances of, refusals to issue and 
revocations of a license under this chapter; and 
D. 
Answers 
to 
the 
following 
guestions 
posed 
in 
substantially the following form. 
(1) 
Is there a formal charging instrument now pending 
against you in this or any other jurisdiction for a 
crime that is punishable by imprisonment for one year 
or more? 
(2) 
Is there a formal charging instrument now pending 
against you in this or any other jurisdiction for a 
juvenile 
offense 
that 
involves 
conduct 
that. 
if 
committed 
by 
an 
adult, 
would 
be 
punishable 
by 
imprisonment for one year or more? 
(3) 
Have you ever been convicted of a crime described 
in subparagraph (1) or adjudicated as having committed 
a juvenile offense as described in subparagraph (2)? 
(4) 
Are you a fugitive from justice? 
(5) 
Are 
you 
a 
drug 
abuser, 
drug 
addict 
or 
drug-dependent person? 
(6) 
Have you been dishonorably discharged from the 
United States Armed Forces within the past 5 years? 
(7) 
Are you an illegal alien? 
(8) 
To your knowledge, have you been the subject of an 
investigation by any law enforcement agency wi thin the 
Page l6-LR0995(1) 
past 5 years regarding the alleged abuse_J2y you of 
family or household members? 
(9) 
Have you been convicted within the past _lL-BL21.!'l? __ Qt 
crimes punishable by imprisonment of lessJ;;._han one year? 
( 10) 
Have you been adj udged wi thin the pas t 
~~ 
___ t.Q 
have 
committed 
juvenil.e 
offenses 
involy_i:Q<L __ ..QQ_D_d12-~!-. 
that, if committed by an adult, would be_~Di~pabl~ 
imprisonment of less than one year? 
(11) 
To your knowledge, 
have you engaged wi thin the 
past 5 years in reckless or negligent conduct that has 
been the subject of an investigation by SLJJQvernmenti3.1 
entity? 
2. 
Signature as certification. 
An 
app1icantL~ affiKill-9 
the applicant's signature to the application under 
subsection~ 
__ 
certifies: 
A. 
That 
documents 
correct; 
the 
made 
statements made 
a 
part of 
the 
in the application and any 
app 1 i cat ion _-"a"'r'-'e"--_t"'-=-r-"'u"'e'----'an d 
B. 
That 
the 
applicant 
understands 
that 
an 
affirmative 
answer to one or more of the questions in subsection 1J 
paragraph D, subparagraphs (3) to (7) is cause for refusal; 
C. 
That 
the 
applicant understands 
that the 
answers 
to 
questions in subsection 1, paragraph D are used by the Chief 
of 
the 
State 
Police, 
along 
with 
other 
information, 
in 
judging good moral character and that an affirmative answer 
to one or more of those questions may be cause for refusal 
to issue a license; and 
D. 
That the applicant understands that knowingly making a 
false statement in the application or in a document made a 
part of the application is grounds for refusal to issue a 
license or for revocation or suspension of a license. 
3. 
Consent to review records. 
At the request of the Chief 
of the State Police, an applicant under this section shall take 
whatever action is necessary to permit the Chief of the State 
Police to examine all accounts and records in the applicant's 
possession, under the applicant's control or under the control of 
3rd parties but accessible by consent of the applicant and shall 
authorize all 3rd parties in possession or in control of those 
accounts or records to allow the Chief of the State Police or a 
designee to examine the accounts and records as the Chief of the 
State Police determines necessary to ascertain: 
.. 
A. 
Whether the information supplied on the application or 
any documents made a part of the application is true and 
correct; 
B. 
Whether each of the requirements of this section has 
been met; and 
C. 
Whether 
the 
applicant 
meets 
the 
requirements 
for 
licensure under this chapter. 
The consent to review records includes taking whatever action is 
necessary to permit the Chief of the State Police or a designee 
to have access to confidential records held by banks, courts, law 
enforcement agencies 
and 
the United States 
Armed 
Forces 
for 
purposes stated in this subsection. 
§375. 
Fees: term of license: transferability 
1. 
Fees. 
The biennial fee for a license issued under this 
chapter is as follows: 
A. 
A license for a video lottery terminal manufacturer is 
$2,000; 
B. 
A license for a video lottery terminal wholesaler is 
$2,000; 
C. 
A license for a video lottery terminal distributor is 
$2,000; and 
D. 
A license for an operator of a video lottery terminal 
who 
under that license may also act as 
a 
video lottery 
terminal wholesaler or distributor is $2000. 
In addition to the video lottery terminal biennial license fee, 
the 
commission 
may 
charge 
a 
one-time application fee 
for 
a 
license listed in paragraph A, 
B, C or D in an amount equal to 
the actual cost of processing the application and performing any 
background investigations. 
All fees collected pursuant to this 
section must be deposited directly to the General Fund. 
2. 
Term of license. 
All licenses issued by the commission 
under this chapter are effective for 2 years and are renewable 
biennially, unless revoked pursuant to section 376. 
3. 
Transferable. 
A license issued under this chapter is 
transferable or assignable as long as the commission finds that 
the transferee or assignee satisfies all requirements for the 
issuance of the license transferred or assigned. 
Page l8-LR0995(1) 
§376. 
Actions relating to licenses 
1. 
Suspension or revocation of license; refusal to renew. 
The commission may refuse to renew a license after a hearing in 
accordance with the Maine Administrative Procedure 
Act. 
The 
Chief of the State Police may suspend a license issued under this 
chapter for a period of up to 90 days. 
The commission may refuse 
to renew or may suspend a license and the District Court may 
revoke or suspend a license for just cause, as follows: 
A. 
The person made or caused to be made a false statement 
of material fact in obtaining a license under this chapter 
or in connection with service rendered within the scope of 
the license issued: 
B. 
The person or the person's agent violated any provision 
of this chapter or any rule adopted under this chapter; or 
C. 
The holder of 
a 
license under this chapter becomes 
ineligible to hold that license. 
The Chief of the State Police may not suspend a license unless 
the Chief of the State Police receives a written statement made 
under oath from a law enforcement officer establishing probable 
cause for the suspension. 
The Chief of the State Police shall 
immediately notify the licensee in writing of the suspension and 
the date the suspension is to take effect. 
If the licensee 
wishes to have a hearing, the licensee must notify the District 
Court in writing within 20 days of the date of the suspension and 
the hearing must be conducted expeditiously. 
If a hearing is 
requested, the license remains in effect pending the outcome of 
the hearing. 
2. 
Ineligibility period following refusal to issue or renew 
license or revocation of license. 
A person may not apply to the 
commission for any license under this chapter less than 2 years 
after the commission refused to issue or renew a license under 
this chapter or less than 
years after the District Court 
revoked a license issued to the person under this chapter. 
SUBCHAPTER 3 
VIDEO LOTTERY TERMINAL 
OPERATION; ALLOCATION OF FUNDS 
§381. 
Limits on video lottery terminal use 
1. 
Hours of play. 
A video lottery terminal may not be 
operated or available for play between the hours of 2:00 a.m. and 
noon on Sundays or between the hours of 2:00 a.m. and 8:00 a.m. 
on any day other than Sunday. 
2. 
Age of player. 
A licensee under this chapter may not 
permit a person under 21 years of age to play a video lottery 
terminal. 
3. 
Time and money limits imposed by licensee. 
A licensee 
may impose a daily limit on the amount of time or money spent by 
an 
individual 
playing 
the 
video 
lottery 
terminals 
on 
the 
licensee's premises. 
Failure to limit time or money spent is not 
grounds for liability in a civil or criminal proceeding and is 
not admissible in any such proceeding. 
§382. 
Payment of credits by licensee 
A licensee shall redeem credits for players who earn credits 
on 
a 
video lottery terminal located on the premises of that 
licensee in accordance with rules adopted by the commission. 
§383. 
Allocation of funds 
1. 
Distribution from commercial track. 
A video lottery 
terminal distributor shall collect and distribute gross terminal 
income from video lottery terminals owned by the video lottery 
terminal distributor and located at a commercial track as follows. 
A. 
Twenty-eight percent of the gross terminal income must 
be deposited to the General Fund. 
B. 
Ten percent of the total gross terminal income must be 
sent to the 
racing commission to be 
used to 
supplement 
harness racing purses and must be disbursed for that purpose 
at the 
times 
and in the manner prescribed in Title 8, 
section 297. 
C. 
Three percent of the total gross terminal income must be 
sent to the racing commission and credited by the racing 
commission to the Sire Stakes 
Fund created in Title 
8, 
section 281. 
D. 
Four percent of the total gross terminal income must be 
forwarded 
by 
the 
racing commission 
to 
the Treasurer 
of 
State, who shall credit the money to the Agricultural Fair 
Support Fund established in Title 7, section 76. 
E. 
One percent of the total gross terminal income must be 
dedicated to 
the 
prevention 
and 
treatment 
of 
addictive 
gambling. 
F. 
If one or more commercial tracks located in the State 
are not both licensed to and in fact operate video lottery 
terminals, 4% of total gross terminal income must be sent to 
the Treasurer of State and credited by the Treasurer of 
State to the fund created in Title 8, section 296. 
G. 
Three percent of the total gross terminal income must be 
paid directly to the municipality in which the facility is 
located and retained by that municipality as supplemental 
revenues or, if the facility is located in an unorganized 
area, to the Treasurer of State and applied to the General 
Fund: except that. if all commercial tracks located in the 
State 
are 
licensed 
to 
and 
do 
operate 
video 
lottery 
terminals, 
5% of the total gross terminal income must be 
paid to the municipality in which the facility is located 
and retained by that municipality as supplemental revenues 
or, if the facility is located in an unorganized area, to 
the Treasurer of State and applied to the General Fund. 
2. 
PaJlllent of expenses. 
The balance of the gross terminal 
income 
after distribution pursuant 
to 
subsection 
must 
be 
retained by 
the licensee under 
this chapter 
from 
which 
the 
licensee 
is 
required 
to 
pay 
the 
video 
lottery 
terminal 
distributor all fees charged by the distributor and all other 
expenses 
associated with the operation of 
the 
video lottery 
terminals and any other taxes assessed against the licensee. 
3. 
Failure to deposit funds. 
A video lottery terminal 
distributor who willfully refuses to comply with this section 
commits 
a Class 
D crime. 
The license of that person may be 
revoked by the District Court and the video lottery terminals of 
that video lottery terminal distributor must be disabled and may 
be confiscated by the commission. 
4. 
Late 
paJlllents. 
The 
commission 
may 
adopt 
rules 
establishing the dates on which payments required by this section 
are due. 
All 
payments 
not remitted when 
due 
must 
be 
paid 
together with a penalty assessment of 2°-6 of the amount owed and 
interest on the unpaid balance at a rate of 1.5% per month. 
SUBCHAPTER 4 
ENFORCEMENT AND PENALTIES 
§391. 
Reports: records 
1. 
Reports; records. 
The commission chair shall require 
from 
any 
licensed video 
lottery terminal 
distributor, 
vid~ 
lottery terminal manufacturer, video lottery terminal wholesaler 
or licensee under this chapter whatever records and reports the 
commission chair considers necessary for the administration and 
enforcement of this chapter. 
2. 
Location. 
A licensee under this chapter shall maintain 
all records required by this chapter or by rules adopted under 
this chapter at the primary business office within this State of 
the licensee or on the premises where the video lottery terminal 
is 
operated. 
In 
the 
case 
of 
a 
video 
lottery 
terminal 
manufacturer or video lottery terminal wholesaler, the records 
must be maintained at the primary business office of the video 
lottery 
terminal 
manufacturer 
or 
video 
lottery 
terminal 
wholesaler. 
The primary business office must be designated by 
the licensee in the license application. 
All records must be 
open to inspection and audit by the Chief of the State Police or 
the chief's designee or the director or the director's designee, 
and a licensee may not refuse the Chief of the State Police or 
the chief's designee or the director or the director's designee 
the right to inspect or audit the records. 
Refusal to permit 
inspection or audit of the records is not a crime under this 
chapter but does constitute grounds for revocation of the license. 
§392. 
Access to premises, equipment and records 
A licensee under this chapter shall permit the Chief of the 
State Police or the chief's designee to inspect any equipment, 
prizes, records or items and materials used or to be used in the 
operation of 
any video lottery terminal 
manufactured, 
owned, 
distributed or operated by that person. 
A licensee under this 
chapter shall consent in writing to 
the 
examination of all 
accounts, bank accounts and records in the licensee's possession 
or under 
the licensee's control 
and shall authorize all 3rd 
parties in possession or in control of those accounts or records 
to allow the Chief of the State Police or the chief's designee to 
examine 
the 
accounts 
and 
records 
as 
the 
chief 
determines 
necessary. 
§393. 
Contempt 
If a witness refuses to obey a subpoena issued by the Chief 
of the State Police or the commission to give any evidence to 
proper inquiry by the chief or the 
commission, 
the Attorney 
General may petition the Superior Court in the county where the 
refusal occurred to find the witness in contempt. 
The J>.ttorney 
General 
shall 
cause 
to 
be 
served 
on 
the 
witness 
an 
order 
requiring that witness to appear before the Superior Court to 
show cause why that witness should not be adjudged in contempt. 
The court shall, in a summary manner, hear the evidence and, if 
the evidence warrants the court to do so, punish the witness in 
the Same manner and to the Same extent as for contempt before the 
Superior Court or with reference to the process of the Superior 
Court. 
§394. 
Violations 
1. 
Crimes by licensees. 
A licensee under this chapter 
commits a Class D crime when that licensee: 
A. 
Knowingly permits a person under 21 years of age to play 
a video lottery terminal; or 
B. 
Knowingly permits 
a 
person to play a 
video lottery 
terminal at a time other than during the hours for which 
play is permitted under section 381. 
2. 
Class C crimes by any person. 
A person commits a Class 
C crime if that person: 
A. 
Tampers with a video lottery terminal with intent to 
interfere with the proper operation of that terminal; 
B. 
Manipulates 
or 
intends 
to 
manipulate 
the 
outcome, 
payback or operation of a video lottery terminal by physical 
tampering or any other means; 
C. 
Manufactures, distributes, sells, operates or places a 
video lottery terminal for use in this State without 
a 
license; and 
D. 
Places for public use or operates an unlicensed video 
lottery terminal in this State. 
§395. 
Fines. suspensions and revocations 
To enforce the provisions of this chapter and the rules 
referred to in section 364, 
subsection 1, 
paragraph 
C, 
the 
commission is authorized to establish a schedule of fines not to 
exceed 
$1,000 
for 
each 
violation 
of 
this 
chapter 
or 
each 
violation of the rules. 
The commission is authorized to levy a 
fine, 
after notice 
and hearing, 
for 
each violation of this 
chapter or each violation of the rules. 
The commission is authorized to establish a 
schedule of 
suspensions 
of 
licenses 
and 
may 
levy 
suspensions 
for 
each 
violation of this chapter or the rules adopted pursuant to this 
chapter. 
.. 
Any person aggrieved by any fine or suspension imposed by 
the commission may seek judicial review pursuant to the Maine 
Administrative Procedure Act. 
§396. 
Rules 
Rules adopted pursuant to this chapter are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 8. 25 MRSA §3902, sub-§4 is enacted to read: 
4. 
Notice of violation of video lottery law. 
A liquor 
enforcement officer who has cited a licensee with a violation of 
any provision of Title 17, chapter 16 shall promptly notify the 
State Harness 
Racing 
Commission 
and 
the Maine State Lottery 
Commission of the violation. 
Sec. 9. 36 MRSA §6652, sub-§l-B, "A and B, as enacted by PL 
1997, c. 24, Pt. C, §14, are amended to read: 
A. 
Office furniture, including without limitation tables, 
chairs, desks, bookcases, filing cabinets and modular office 
partitions; aBe 
B. 
Lamps and lighting fixturesT; and 
Sec. 10. 36 MRSA §6652, sub-§l-B, ,C is enacted to read: 
C. 
Video lottery terminals, as defined in Title 17, section 
361, subsection 19. 
SUMMARY 
This bill allows limited numbers of video lottery terminals 
to 
be placed at licensed commercial 
racetracks 
and 
licensed 
off-track wagering facilities in the State. 
Terminal revenues 
would support the State's General Fund, harness racing purses, 
the Agricultural Fair Support Fund, 
the 
local municipalities 
where the terminals are located, the licensee and the prevention 
and 
treatment 
of 
problem 
gambling. 
Broad 
enforcement 
and 
rule-making authority are assigned to the Maine State Lottery 
Commission and the Maine State Police.