An Act To Enact the Maine Tribal Gaming Act Transmi tted to the Clerk of the 121 st Maine Legislature by the Secretary of State on February 26, 2003 and ordered printed. Printed Oil rt:'c),clrd paper 71~ 1?1.1J?dC~
Maine Legislature, Session 121, LD 1370
Amends: 30 MRSA §6212

Legislative Document 
No. 1370 
LB. 1 
House of Representatives, March 18,2003 
An Act To Enact the Maine Tribal Gaming Act 
Transmi tted to the Clerk of the 121 st Maine Legislature by the Secretary of State on 
February 26, 2003 and ordered printed. 
Printed Oil rt:'c),clrd paper 
71~ 
1?1.1J?dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30 MRSA c. 601 is amended by repealing the chapter 
headnote and enacting the following in its place: 
CHAPTER 601 
MAINE IBDIAN CLAIMS SET'l"LEMENT 
SUBCHAPTER 1 
IMPLEMENTATION OF MAINE IBDIAN CLAIMS SETTLEMENT 
Sec. 2. 30 MRSA §6212, sub-§6, as enacted by PL 1993, c. 600, 
Pt. A, §24 and affected by §25, is amended to read: 
6. 
Funding. 
The commission may receive and accept, 
from 
any 
source, 
allocations, 
appropriations, 
loans, 
grants 
and 
contributions of money or other things of value to be held, used 
or applied to carry out this 
ebaF~e~ subchapter, subject to the 
conditions upon which the loans, grants and contributions may be 
made, including, but not limited to, appropriations, allocations, 
loans, grants or gifts from a private source, federal agency or 
governmental 
subdivision 
of 
the 
State 
or 
its 
agencies. 
Notwithstanding Title 5, chapter 149, upon receipt of a written 
request from the commission, the State Controller shall pay the 
commission's full state allotment for each fiscal year to meet 
the estimated annual disbursement requirements of the commission. 
Sec. 3. 30 MRSA c. 601, sub-c. 2 is enacted to read: 
SUBCHAPTER 2 
GAMING COHDUCTED BY PASSAMAQUODDY 
TRIBE AIm PENOBSCOT RATION 
§6301. 
Short title 
This subchapter may be known and cited as "The Maine Tribal 
Gaming Act. " 
§6302. 
Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Bazaar 
game. 
"Bazaar 
game" 
means 
a 
game, 
sport, 
amusement, diversion, scheme, plan, project, contest, undertaking 
or enterprise in which chance, 
fortune, 
luck or lot is the 
predominating factor or element in the winning or awarding of a 
Page l-LR2023(1) 
,. 
prize but 
does 
not 
include 
a 
lottery or 
any 
game, 
sport, 
amusement, 
diversion, 
scheme, 
plan, 
project, 
contest 
or 
undertaking in which the skill, accomplishment, art or adroitness 
of the operator or participant is the primary factor in the 
winning or awarding of a prize. 
2. 
Connecticut Compact. 
"Connecticut Compact" means the 
tribal-state gaming compact between the State of Connecticut and 
the Mashantucket Pequot Tribe, promulgated by the United States 
Secretary of the Interior under IGRA as the Mashantucket Pequot 
Gaming Procedures, 56 Code of Federal Regulations 24996, May 31, 
1991, as supplemented and amended to the date of enactment of 
this subchapter, including the appendices thereto. 
3. 
Enterprise. 
"Enterprise" means an individual, trust. 
corporation, partnership or other legal entity of any kind other 
than a tribal gaming operator or other tribal enterprise wholly 
owned by the Tribes: provided, however, that with respect to any 
corporation, 
"enterprise" 
includes 
each other 
corporation or 
other 
legal entity that, 
directly or indirectly, 
controls 
a 
majority of the voting interests in that corporation: and further 
provided, that, with respect to any partnership, trust or other 
form 
of 
unincorporated 
business 
organization, 
"enterprise" 
includes each corporation or other legal entity that, directly or 
indirectly, controls a majority of the voting interests in that 
organization. 
4. 
Gaming. 
"Gaming" means 
any game of chance or other 
gaming or wagering activity, including, but not limited to, those 
activities specifically identified in section 6303. 
5. 
Gaming employee. 
"Gaming employee" means any natural 
person 
employed 
in 
the 
operation 
or 
management 
of 
gaming 
facilities, whether employed by a tribal gaming operator or by an 
enterprise 
providing 
on-site 
services 
to 
the 
tribal 
gaming 
operator within a gaming facility. 
6. 
Gaming ~uipment. 
"Gaming eguipment" means a machine or 
device that is specifically designed or manufactured for use in 
the operation of any gaming activ~ 
7. 
Gaming facility. 
"Gami!19.--..facility" 
means 
a 
room or 
rooms in which gaming is conducted on the site. 
8. 
Gaming 
operation. 
"Gaming 
operation" 
means 
an 
enterprise operated by the tribal gaming operator on the site for 
the conduct of gaming in a gaming facility. 
9. 
Gaming school. 
"Gaming school" 
means 
an enterprise 
organized to provide specialized training to gaming employees for 
the conduct of gaming other than a program operated by the __ .kr ibal 
gaming operator. 
10. 
Gaming services. 
"Gaming services" means the provision 
of goods or services to a tribal gaming operator directly in 
connection with the operation of gaming in a 
gaming facilitYL 
including 
maintenance 
or 
security 
services 
for 
the 
gaming 
faciE ty, junket seryices, gaming schools, laboratory testing of 
gaming eg:uipment including video facsimile machines and lottery 
tickets and the manufacture, distribution, maintenance or repair 
of gaming eg:uipment, but not including professional or financial 
services provided by persons licensed or registered under the 
laws of the State, the Federal Government or other states of the 
United States. 
11. 
IGRA. 
"IGRA" or "Indian Gaming Regulatory Act" means 
Public Law 100-497, as amended, 
United States Code, Section 
2701 et seg:. 
12. 
Junket 
services. 
"Junket 
services" 
means 
any 
arrangement to facilitate the attendance at a gaming facility of 
patrons selected by reason of their propensity to gamble 
by 
providing to such patrons any consideration including cash or 
rebates 
or 
reduced 
charges 
for 
goods 
or 
services 
such 
as 
transportation, 
lodging, 
food, 
beverage 
or 
entertainment. 
"Junket services" does 
not include enterprises that function 
solely to provide common transportation to a gaming facility for 
the public without limitation to selected patrons. 
13. 
Lottery. 
are 
sold, 
the 
predetermined or 
which the holders 
of value. 
"Lottery" means any gaming for which tickets 
winning 
ticket 
or 
tickets 
being 
secretly 
ultimately selected in a 
chance drawing, 
in 
of winning tickets receive money or something 
14. 
Maine Implementing Act. 
"Maine Implementing Act" means 
An Act to Implement the Maine Indian Claims Settlement. 
15. 
Passamaquoddy Tribe. 
"Passamag:uoddy Tribe" means the 
Passamag:uoddy Indian Tribe, a federally recognized Indian tribe 
with 
reservations 
at 
Indian 
Township 
and 
Pleasant 
Point, 
represented by the Joint Tribal Council of the Passamaquoddy 
Tribe. 
16. 
Penobscot 
Nation. 
"Penobscot 
Nation" 
means 
the 
Penobscot Indian Nation, a federally recognized Indian tribe with 
a reservation at Indian Island within the State, represented ~ 
the Penobscot Nation Chief and Council. 
.. 
17. 
Principal. 
"Principal" 
means 
with 
respect 
to 
an 
enterprise: 
A. 
Each of its officers and directors; 
B. 
Each of its principal management employees, including 
any chief executive officer , chief financial officer , chief 
operating officer or general manager; 
C. 
Each of its general partners if the enterprise is a 
general or limited partnership; 
D. 
Each of its managing members if the enterprise is a 
limited liability company; 
E. 
Each of its shareholders who owns more than 
10~ of the 
shares of the enterprise if the enterprise is a corporation; 
F. 
Each of its owners or partners if the enterprise is an 
unincorporated business other than a limited partnership or 
a limited liability company; and 
G. 
Each person, other than a banking institution, pension 
fund, commercial finance company, equipment leasing company, 
investment bank, qualified institutional buyer as defined in 
Rule 
l44A of 
the United States Securities 
and 
Exchange 
Commission, insurance company, regulated investment company, 
other financial institution, state of the United 
State~ 
political subdivision of a state of the United States and 
agency, authority or instrumentality of a state or political 
subdivision, that has provided financing for the enterprise 
consti tuting more than 10 0/0 
of the total financing of the 
enterprise provided that a person who purchases indebtedness 
of an enterprise through a nationally recognized securities 
exchange 
or 
bond 
trading 
system 
is 
not 
considered 
a 
principal. 
18. 
Site. 
"Site" means one or more contiguous parcels of 
land selected by the Tribes and owned or leased by the Tribes or 
a tribal gaming operator within a single city, town or plantation 
of the State or within 2 or more contiguous cities, towns or 
plantations of the State provided that the legislative body of 
each such city, town or plantation has approved such parcel or 
parcels for the conduct of all gaming operations permitted under 
this subchapter. 
The site may not be reservation lands of either 
of the Tribes, may not be Indian lands within the meaning of 25 
United States Code, 
Section 2703, 
may 
not be 
Indian country 
within the meaning of the Johnson Act. 
United States Code, 
Section 1175 and may not be Passamaquoddy Indian territory or 
Penobscot 
Indian territory within 
the 
meaning 
of 
the 
Maine 
Implementing Act in section 6203. 
Regulation of gaming at the 
site must be conducted by the state gaming agency and the tribal 
gaming agency under this subchapter and the rules pursuant to 
this subchapter. 
19. 
State. 
"State" 
means 
the 
State of 
Maine 
and 
its 
authorized officials, agents and representatives. 
20. 
State gaming agency. 
"State gaming agency" means the 
Department of Public Safety. 
21. 
State law enforcement agency. 
"State law enfol-cement 
agency" means the Maine State Police. 
22. 
Tribal gaming agency. 
"Tr ibal gaming agency" means a 
gaming commission or such other agency formed jointly by the 
governments of the Tribes as the Tribes may from time to time 
jointly designate by written notice to the State as the single 
tribal agency responsible for regulatory oversight of gaming on 
the part of the Tribes as authorized by this subchapter. 
A 
person 
employed 
in, 
or 
in 
connection with, 
the 
management, 
supervision or conduct of any gaming activity may not be a member 
or employee of the tribal gaming agency. 
23. Tribal gaming operator. 
"Tribal gaming operator" means 
a 
corporation, 
partnership, 
limited 
partnership, 
limited 
liability company or other entity established by the Tribes for 
the purpose of developing, owning or operating a gaming facility 
or gaming facilities or a gaming operation or gaming operations, 
all of the eguity and voting securities of which are 
owned 
beneficially, directly or indirectly, 
500~ by the Passamaquoddy 
Tribe and 500;0 by the Penobscot Nation; provided that neither a 
tribal 
gaming 
operator 
nor 
a 
Tribe 
may 
be 
prohibited 
from 
including in the consideration for any extension of credit or 
service, 
including without 
limitation 
any 
credit 
or 
service 
relating to a gaming facility or a gaming operation, 
a return 
based on the revenues, earnings or other measure of financial 
performance of the tribal gaming operator or a gaming operation 
or other activity of the tribal gaming operator; 
and provided 
that neither of the Tribes nor any other 3rd party is liable or 
responsible for any act or omission of a tribal gaming operator 
except as specifically provided by a contract to which such Tribe 
or 3rd party is a 
signatory or otherwise as provided by law 
without regard to this subchapter. 
24. 
Tribe. 
"Tribe" means each of the Passamaguoddy Tribe 
and 
the 
Penobscot 
Nation 
and 
their 
respective 
authorized 
officials, agents and representatives. 
"It 
25. 
Video 
facsimile. 
"Video 
facsimile" 
means 
any 
mechanical, electrical or other device, contrivance or machine 
that, upon insertion of a coin, currency, token or similar object 
or upon payment of any consideration whatsoever, is available to 
play or operate, the play or operation of which includes, but is 
not limited to, the playing of a facsimile of a game of chance or 
skill, and that may deliver or entitle the person playing or 
operating the machine to receive cash or tokens to be exchanged 
for cash or to receive any merchandise or thing of value, whether 
the payoff is made automatically from the machine or in any other 
manner whatsoever. 
§6303. 
Authorized gaming operations 
1. 
Authorized games. 
The Tribes may jointly, through one 
or 
more 
tribal 
gaming 
operators, 
as 
the 
Tribes 
may 
elect, 
conduct, 
on 
one 
site 
and 
subject 
to 
this 
subchapter 
and 
notwithstanding any other provision of the laws of the State, any 
and 
all 
forms 
of 
gaming 
and 
wagering, 
including 
without 
limitation any and all of the following: 
A. 
Card 
including 
roulette, 
games, 
table games 
and other games of 
without 
limitation 
blackjack, 
poker, 
baccarat, money-wheels and bingo: 
chance, 
dice, 
B. 
Any 
bazaar 
game, 
but only if conducted solely for 
merchandise prizes: 
C. 
Any lottery game: and 
D. 
Video facsimiles, 
including without limitation video 
facsimiles of any card game, table game or other game of 
chance, 
including without 
limitation those 
described 
in 
paragraph A. 
2. 
Prohibition on attendance of minors. 
A person under the 
m~n~mum age for purchase of alcoholic beverages under the laws of 
the State may not be admitted into any gaming facility other than 
facilities limited to the play of bazaar games or be permitted to 
place any wager, directly or indirectly, other than on bazaar 
games: except that minors may receive lottery tickets or chances 
as gifts and minors may be employed in the gaming facilities if 
they are licensed in accordance with section 6305 and are not 
employed 
in 
the 
service 
of 
intoxicating 
liguors 
and 
their 
employment is in all respects in conformity with the laws and 
rules of the State. 
3. 
Compliance with reporting 
requirements. 
The 
tribal 
gaming operator shall comply with all applicable reporting and 
withholding reguirements of the Internal Revenue Service relating 
to all forms of gaming conducted at the site, shall maintain 
accurate 
records 
of all such reports 
and 
returns 
and 
shall 
implement policies and procedures adequate to ensure compliance 
with such obligations in its gaming operations. 
4. 
No other operator of gaming operations. 
The rights and 
privileges granted under this subchapter are reserved to the 
Tribes and, as applicable, the tribal gaming agency and tribal 
gaming operator. 
No other person, including without limitation 
any creditor of either of the Tribes, the tribal gaming agency or 
the tribal gaming operator, may conduct any gaming operation on 
the site. 
This subsection may not be interpreted to restrict any 
nongaming activities on the site. 
5. 
No gaming facility on Indian lands. 
Gaming may not be 
conducted on Indian lands within the meaning of 25 United States 
Code, Section 2703. 
In the event that the land on which a gaming 
facility is located becomes Indian land, the authority to conduct 
gaming at that gaming facility as 
provided in subsection 
terminates. 
6. 
E~iration of authority. 
Unless extended, the authority 
granted 
under 
this 
subchapter 
to 
conduct 
gaming 
operations 
terminates on the 20th anniversary of the date of legislative 
approval of the rules proposed by the state gaming agency under 
section 6308. 
§6304. 
Law enforcement matters 
1. 
State criminal jurisdiction. 
The State has jurisdiction 
to enforce all criminal laws of the State that are consistent 
with this subchapter on the site, including enforcement within 
the gaming facilities. 
Title 17, 
chapter 14 and Title l7-A, 
chapter 39 do not apply to gaming conducted pursuant to this 
subchapter. 
2. 
Powers of state law enforcement officers. 
Officers of 
the state law enforcement agency must be accorded free access to 
any gaming facilities for the purpose of maintaining public order 
and public safety and enforcing applicable criminal laws of the 
State as permitted under this section; and personnel employed by 
the 
tribal 
gaming 
operator 
shall 
for 
such 
purposes 
provide 
officers of the state law enforcement agency access to locked and 
secure areas of the gaming facilities in accordance with the 
standards of management and operation adopted pursuant to section 
6307. 
The state law enforcement agency may station one or more 
officers at the site to coordinate law enforcement within the 
site generally. 
§6305. 
Licensing of gaming employees 
1. 
Requirements for employee licensing. 
A person may not 
commence or continue employment as a gaming employee unless that 
person is the holder of a valid current gaming employee license 
issued by the state gaming 
agency 
in accordance with rules 
adopted by the state gaming agency pursuant to section 6308. 
2. 
License denial. 
The state gaming agency may deny a 
gaming employee license to an applicant who: 
A. 
Has 
been 
determined 
to 
be 
a 
person 
whose 
prior 
activities, criminal record, if any, or reputation, habits 
and associations pose a threat to the effective regulation 
of gaming or create or increase the danger of unfair or 
illegal practices, methods and activities in the conduct of 
the 
gaming 
activities 
permitted 
under 
this 
subchapte~ 
provided that the State may not apply standards for approval 
of licenses pursuant to this section more rigorously than 
those actually applied in the approval of employee licenses 
in gaming enterprises operated or regulated exclusively by 
the State: or 
B. 
Has 
failed 
to 
provide 
any 
information 
reasonably 
required 
to 
investigate 
the 
application 
for 
a 
gaming 
employee license or to reveal any fact material to such 
application or has furnished any information that is untrue 
or misleading in connection with such application. 
3. 
Revocation or suspension of license. 
The state gaming 
agency or the state law enforcement agency may investigate any 
person who holds a gaming employee license at any time and the 
state gaming agency may suspend or revoke any gaming 
employe~ 
license issued pursuant to this subchapter if new information 
concerning facts arising either prior to or since the issuance of 
the 
original 
license 
or 
any 
license 
renewal 
comes 
to 
the 
attention of the state gaming agency, 
which information would 
justify denial of such original license or any license renewal 
pursuant to subsection 2. 
A license may not be 
revoked or 
suspended except after notice and hearing as generally required 
for similar administrative actions under the Maine Administrative 
Procedure Act. 
4. 
Appeal of license decisions. 
A decision of the state 
gaming agency to deny, suspend or revoke a license pursuant to 
this section, following any administrative review or appeal that 
may be permitted by the state gaming agency in accordance with 
pSocedures that it may establish, constitutes final agency action 
subject to judicial review in the manner provided by the laws of 
the State for judicial review of administrative actions affecting 
similar rights. 
5. 
Investigation of nongaming employees. 
The state law 
enforcement agency may investigate misconduct of employees of the 
tribal gaming operator or any other entity who are not gamiIl9 
employees but who are employed in ancillary facilities located 
within 
the 
same 
building 
as 
any 
gaming 
facility; 
and 
such 
employees 
must 
be 
dismissed 
from 
such 
employment 
upon 
notification by 
the state law enforcement 
agency that their 
conduct in the course of their employment in such ancillary 
facilitates poses a threat to the effective regulation of gaming 
or 
creates 
or 
enhances 
the 
dangers 
of 
unfair 
or 
illegal 
practices, 
methods 
and activities in the 
conduct of 
gaming, 
subject to the same rights of appeal as are provided in the Main~ 
Administrative Procedure Act. 
§6306. 
Registration of gaming services enterprises 
1. 
Requirement for registration. 
An enterprise may not 
provide gaming services or gaming equipment to the tribal gaming 
operator unless it is the holder of 
a 
valid current gaming 
services 
registration issued 
by 
the 
state 
gaming 
agency 
in 
accordance with rules adopted by the state gaming agency pursuant 
to section 6308. 
2. 
Denial of registration. 
The state gaming agency may 
deny a gaming services registration to any applicant upon its 
determination that the applicant or any principal identified with 
such applicant: 
A. 
Is a person or entity whose prior activities, criminal 
record, if any. or reputation, habits and associations pose 
a threat to the effective regulation of gaming or create or 
increase the danger of unfair or illegal practices, methods 
and activities in the conduct of the 
gaming activities 
permitted under this subchapter; provided that the State may 
not apply standards for approval of registrations pursuant 
to this section more rigorously than those actually applied 
in the approval of similar licenses in gaming enterprises 
operated or regulated exclusively by the State; or 
B. 
Has 
failed 
to 
provide 
any 
information 
reasonably 
required 
to 
investigate 
the 
application 
for 
a 
gaming 
services registration or to reveal any fact material to such 
application or has furnished any information that is untrue 
or misleading in connection with such application. 
3. 
Revocation or suspension of registration. 
The state 
gaming agency or the state law enforcement agency may investigate 
any enterprise or principal of 
s~ch enterprise that holds 
a 
gaming services registration license at any time and the state 
.. 
gaming 
agency 
may 
suspend 
or 
revoke 
any 
gaming 
services 
registration 
issued 
pursuant 
to 
this 
subchapter 
if 
new 
information concerning facts arising either prior to or since the 
issuance of the original registration or any registration renewal 
comes 
to 
the 
attention of 
the 
state 
gaming 
agency, 
which 
information would justify denial of such original r.egistration or 
any registration renewal pursuant to subsection 2; provided that 
a registration may not be revoked or suspended except after such 
notice 
and 
hearing 
as 
is 
generally 
required 
for 
similar 
administrative 
actions 
under 
the 
administrative 
procedures 
applicable 
to 
agencies 
of 
the State; 
and provided that the 
enterprise is entitled to any payment due for services provided 
or goods delivered prior to the effective date of suspension or 
revocation of its registration. 
4. 
Appeal of registration decisions. 
A decision of the 
state gaming agency to deny, 
suspend or revoke a registration 
pursuant to this section, following any administrative review or 
appeal that may be permitted by the state gaming agency in 
accordance with procedures that it may establish, constitutes 
final agency action sUbject to judicial review in the manner 
provided by the Maine Administrative Procedure Act. 
5. 
Investigation of nongaming enterprises. 
Any enterprise 
that provides goods or services to the tribal gaming operator 
other than gaming services or gaming equipment in a total amount 
exceeding the sum of $50,000 in a single calendar year and any 
labor organization seeking to represent employees of the tribal 
gaming operator must be identified by the tribal gaming operator 
to the state gaming agency and shall agree to cooperate with the 
state gaming agency and the state law enforcement agency in any 
investigation considered necessary by either agency relative to 
the fitness of the enterprise or labor organization to engage in 
business with a gaming operation or relative to the conduct of 
the enterprise or labor organization in connection with that 
activity. 
The state gaming agency may bar an enterprise from 
providing goods or services to the tribal gaming operator or a 
labor organization from receiving dues from licensed employees of 
the tribal gaming operator or may bar the principal of a labor 
organization from representing the employees upon a determination 
that the enterprise or labor organization or a principal of such 
labor organization is a person or entity whose prior activities, 
criminal record, if any, or reputation, habits and associations 
pose a threat to the effective regulation of gaming or create or 
enhance the dangers of unfair or illegal practices, methods and 
activities in the conduct of gaming; provided that the enterprise 
or labor organization may appeal a determination in the manner 
provided pursuant to the Maine Administrative Procedure Act. 
S6301. 
Standards of operation and management 
The tribal gaming agency shall adopt standards of operation 
and management to govern all gaming operations by the tribal 
gaming operator. 
The standards must protect the public interest 
in the integrity of the gaming operations and must reduce the 
dangers of unsuitable, unfair or illegal practices and methods 
and activities in the conduct of gaming. 
The initial standards 
of operation and management must be substantially identical to 
those currently in effect pursuant to the Connecticut Compact anQ 
must be subject to the approval of the state gaming agency. 
The 
tribal gaming agency shall notify the state gaming agency of any 
revision of the standards of operation and management and either 
shall certify that the revisions to the standards will have no 
material effect on the manner in which the standards protect the 
public interest in the integrity of the gaming operations and 
reduce the dangers of unsuitable, unfair or illegal practices and 
methods and activities in the conduct of gaming or shall request 
the 
approval 
of 
the 
state 
gaming 
agency 
for 
the 
revised 
standards, 
which 
approval 
must 
be 
deemed 
granted 
unless 
disapproved 
wi thin 
days 
of 
submission 
of 
the 
revised 
standards. 
The state gaming agency shall approve the revised 
standards 
upon 
request 
unless 
it 
finds 
that 
those 
revised 
standards would have a materially adverse impact on the public 
interest in the integrity of the gaming operations and shall 
disapprove only such portions of any proposed revised standards 
that are determined to have a materially adverse. impact on the 
public 
interest 
and 
shall 
specify 
the 
reasons 
for 
the 
disapproval. Any disapproval of revised standards by the stqJ;e 
gaming agency is subject to review in the manner provided by the 
Maine Administrative Procedure Act. 
§6308. 
Rules 
Not later than 90 days after the effective date of this 
subchapter, the state gaming agency shall propose rules providing 
for the licensing of gaming employees, the registration of gaming 
services enterprises and, to the extent that the scope of the 
standards of operation and management 
adopted by 
the tribal 
gaming agency pursuant to section 6307 fail to cover aspects of 
the operation of the gaming facility that are the subject of the 
Connecticut Compact, 
such other aspects. 
It is intended that 
such rules be substantially in the form and substance of the 
corresponding 
provisions 
of 
the 
Connecticut 
Compact. 
Rules 
proposed by the state gaming agency pursuant to this section are 
major 
substantive 
rules 
pursuant 
to 
Title 
5, 
chapter 
375, 
subchapter 2-A. 
§6309. 
State assessment for costs of oversight 
1. 
Imposition 
of 
assessment 
for 
state 
regulatory 
expenditures. 
The 
State 
shall 
make 
annually 
an 
assessment 
sufficient 
to 
compensate 
the 
State 
for 
the 
reasonable 
and 
necessary costs of regulating gaming operations and conducting 
law enforcement investigations pursuant to this subchapter. 
Such 
assessment 
must 
include 
any 
costs 
of 
fringe 
benefits 
for 
personnel. 
2. 
Procedure for assessments. 
On or before August 1st. 
annually, 
starting 
with 
the 
first 
such 
date 
following 
the 
commencement of gaming operations 
under this 
subchapter, 
the 
State shall render to the tribal gaming agency a statement of the 
total cost of regulation and law enforcement for the preceding 
fiscal year ending June 30th, together with proposed assessments 
for the forthcoming fiscal year based on the preceding fiscal 
year cost, except that in the first year of the effective date of 
this subchapter the assessment must be prospective and based upon 
a 
pro 
rata allocation of 
costs if this 
subchapter 
becomes 
operative in the course of a fiscal year and must be established 
following 
consultation 
with 
the 
tribal 
gaming 
agency. 
On 
September 1st annually, the State, after receiving any objections 
to 
the 
proposed 
assessments 
and 
making 
such 
changes 
or 
adjustments as may be indicated, shall provide a written notice 
that 
assesses 
the 
tribal 
gaming 
operator 
for 
the 
costs 
of 
regulation and 
law enforcement. 
Annually, 
the tribal 
gaming 
operator shall pay 1/3 of the assessment within 20 days of the 
receipt of the written notice and shall pay the remaining 2/3 of 
the assessment in 2 equal payments on January 1st and April 1st. 
Such payments must be deposited with the State Treasurer. 
The 
money deposited must be credited to the General Fund and must be 
accounted for as the State considers appropriate. 
3. 
Procedure for appeal of assessments. 
If the Tribes are 
aggrieved because 
of 
any 
assessment 
levied pursuant to this 
subchapter, either or both of the Tribes or the tribal gaming 
operator may, not later than one month from the time provided for 
the payment of such assessment, 
appeal 
an assessment to the 
Superior Court for Kennebec County. 
4. 
Adjustment of excess assessments. 
In the event that the 
total assessment paid by the tribal gaming operator during any 
fiscal year of the State exceeds the reasonable and necessary 
costs 
of 
regulating 
gaming 
operations 
and 
conducting 
law 
enforcement investigations pursuant to this 
subchapter during 
that fiscal year, the State shall adjust the assessment for the 
succeeding fiscal year in the amount necessary to offset such 
excess assessment. 
If the Tribes are aggrieved because of any 
failure by the State to make such an adjustment. any claim for 
such 
an 
adjustment must 
be presented in the 
appeal 
of 
the 
assessment as provided in subsection 3. 
§6310. 
Enforcement 
1. 
Tribal gaming agency. 
The tribal gaming agency shall 
employ nonuniformed inspectors 
who 
are present in all gaming 
facilities during all hours of operation and who are under the 
supervision of personnel accountable solely to the tribal gaming 
agency and not to any management employees of the tribal gaming 
operator. 
Such inspectors must have unfettered access to all 
areas 
of 
the 
gaming facilities at all times, 
and 
personnel 
employed by the tribal gaming operator shall for such purposes 
provide such inspectors access to locked and secure areas of the 
gaming facilities in accordance with the standards of management 
and operation adopted pursuant to section 6307. 
Such inspectors 
shall report to the tribal gaming agency regarding any failure by 
the 
tribal 
gaming 
operator 
to 
comply 
with 
this 
subchapter. 
Inspectors 
assigned 
by 
the 
tribal 
gaming 
agency 
shall 
also 
receive 
consumer 
complaints within the 
gaming facilities 
and 
shall assist in seeking voluntary resolution of such complaints. 
The tribal gaming agency may investigate any report of a failure 
to comply with this subchapter or the applicable regulations of 
the tribal 
gaming 
agency 
and 
may 
require 
the tribal gaming 
operator to correct such failure upon such terms and conditions 
as the tribal gaming agency may determine necessary. 
Inspectors 
employed by the tribal gaming agency for the purposes set forth 
in this section shall obtain gaming employee licenses pursuant to 
section 6305. 
The tribal gaming operator shall prepare a plan 
for the protection of public safety and the physical security of 
patrons in its gaming facilities, 
following 
consultation 
and 
agreement with the state law enforcement agency, 
the security 
department of the tribal gaming operator and the state gaming 
agency. 
The tribal gaming agency shall provide the state gaming 
agency with copies of its floor plans and surveillance systems 
for its gaming facilities and confer with the state gaming agency 
regarding the adequacy of such plans and systems. 
2. 
State supervision. 
The state gaming agency may review 
the 
gaming 
operations 
in 
order 
to 
determine 
whether 
such 
operations are conducted in compliance with this subchapter, and 
for that purpose personnel employed by the state gaming agency 
must have access to all areas of the gaming facilities without 
prior notice for the purpose of audits of the tribal gaming 
operator, and personnel employed by the tribal gaming operator 
shall provide for such purposes such state personnel access to 
locked and secure areas of the gaming facilities in accordance 
with the standards of management and operation adopted pursuant 
to section 6307. 
Such state personnel shall report to the state 
gaming agency regarding any failure by the tribal gaming operator 
to comply with any of the provisions of this subchapter. 
The 
tribal gaming operator shall provide the state law enforcement 
• 
agency and state gaming agency with access to reasonable office 
space for the use of their personnel for the purposes of such 
review activities. 
Personnel employed by the state gaming agency 
may attend the regular count conducted by the tribal gaming 
operator 
in 
accordance 
with 
the 
standards 
of 
operation 
and 
management adopted pursuant to section 6307. 
Personnel employed 
by the state gaming agency may not interfere with the conduct of 
the gaming operations at the site except as may be required to 
perform such review functions. 
Auditors employed by the state 
gaming agency must have unfettered access during ordinary hours 
of operation to inspect and copy all records, including computer 
~ 
tapes, of the tribal gaming agency and the tribal gaming 
operator; provided that all records of the tribal gaming operator 
and the tribal gaming agency must be considered confidential and 
proprietary financial information belonging to the Tribes 
and 
must be protected by the State from public disclosure without the 
express written consent of the Tribes. 
The state gaming agency 
may conduct such investigations and may employ subpoena powers 
wi th which it may be vested under the laws of the State as it 
considers 
appropriate 
to 
investigate 
violations 
of 
this 
subchapter with 
respect 
to 
the tribal gaming operator. 
The 
tribal gaming agency shall require that all security incidents 
and patron complaints reported by or to the security department 
of the tribal gaming operator or to the tribal gaming agency be 
reported on a daily basis to the state gaming agency. 
The tribal 
gaming operator shall cause its gaming operations to be subjected 
to an annual audit by an independent certified public accountant 
in accordance with procedures adopted by the independent auditor 
following consultation with the state gaming agencv. 
Such audit 
must include any additional procedures required by the state 
gaming agency not otherwise required by the independent 
auditor~ 
which additional procedures must be performed at the sole expense 
of the state gaming agency. 
The state gaming agency must be. 
provided with an opportunity to review the audit findings with 
the independent auditor prior to issuance of the audit report and 
must 
receive 
copies of the audit report, 
engagement letter, 
management's representation letter, lawyer's contingency letter 
and such other workpapers as the state gaming agency considers 
necessary. 
3. 
Enforcement authority of state gaming agency. 
I f 
the 
state gaming agency determines that the tribal gaming operator is 
not in compliance with the provisions of this subchapter, the 
state gaming agency shall deliver a notice of noncompliance to 
the tribal gaming agency and the tribal gaming operator setting 
forth the nature of such noncompliance and the action required to 
remedy 
such 
noncompliance 
before 
commencing 
any 
enforcement 
action. 
4. 
Civil penalties. 
Subject to such regulations as may be 
prescr ibed by the state gaming agency, the state gaming agency 
may levy and collect appropriate civil penalties, not to exceed 
$25,000 per violation, against the tribal gaming operator or any 
gaming services enterprise subject to section 6306, subsection I 
for any violation of this subchapter or standard of operation 
adopted under this subchapter. 
A penalty may not be levied under 
this subsection except upon a written complaint delivered by the 
state 
gaming 
agency 
to 
the 
tribal 
gaming 
operator 
and. 
if 
applicable, the affected gaming services enterprise, with a copy 
in each case to the tribal gaming agency, stating in common and 
concise language the alleged acts or omissions that provide the 
basis for 
such penalty and the specific statutory provisions 
alleged to have been violated. 
The state gaming agency shall, M 
rule, provide an Ol'l'C'::tunity for appeal and hearing before the 
state gaming agenc:r 
,y~ any penalty levied by the state gaming 
agency under this s·.·.'Jsection. 
A decision of the state gaming 
agency to levy a ci-cr:.l penalty under this subsection, following 
any 
such 
review, 
co~stitutes final 
agency action subject to 
judicial 
review 
In 
the 
manner 
provided 
by 
the 
Maine 
Administrative Procedu::e Act. 
§63ll. 
Application of state regulatory standards 
1. 
Health and s'?fety standards. 
Each gaming facili..t.Lm.L9 
subject to the laws and regulations of the State relating to 
public facilities with regard to building, sanitary and health 
standards and fire safety and to the laws and rules of the State 
relating to water discharges by public facilities. 
2. 
Regulation 0:: alcoholic beverages. 
Service of alcoholic 
beverages wi thin a aaming facility is subject to the laws and 
regulations of the Si-C'.te applicable to the sale or distribution 
of alcoholic beverages. 
The tribal gaming operator is entitled 
to a hotel permit fC':: the sale of liquor for gaming facilities 
that are contained ' n the same building as a hotel, or a cafe 
permit for the sale of liquor for gaming facilities that are not 
contained in the same building as a hotel, or such equivalent 
permits or licenses as may from time to time be available to 
similar enterprises oDe rated pursuant to the laws of the State, 
and the price of an alcoholic beverage sold to a gaming customer 
in partial consideration for amounts wagered need not be billed 
by separate charge to the individual customer; provided that the 
price of each alcoholic beverage determined sold to 
a 
gaming 
customer in partial consideration for amounts wagered may be no 
less than the price required for such sales pursuant to the laws 
of the State and must be separately accounted for by the tribal 
gaming operator. 
An}:" tax due under the laws of the State for the 
retail sale of such beverages must be paid with respect to such 
sales, 
and daily and monthly records must be maintained with 
respect to such sales and be available for 
state gaming 
agency and by the-12epartment 
Bureau of Liquor Enforcement. 
inspection by the 
of Public Safety, 
3. 
Traffic standards. 
The tribal gaming operator shall 
provide access from gaming facilities located on the site onto 
public highways of the State adequate to meet standards of the 
Department of Transportation or shall enter into agreements with 
the Department of Transportation for the provision of such access 
by the State, including provisions for compensation by the tribal 
gaming 
operator 
of 
the 
costs 
incurred 
by 
the 
State 
in 
constructing such improvements to the public highways, including 
traffic control signals, as may be necessary. 
The State shall 
cooperate with the Tribes in providing at the expense of the 
tribal 
gaming 
operator 
such 
signs 
as 
are 
reasonable 
and 
appropriate in order to permit members of the traveling public to 
locate the site from the major road approaches. 
§6312. 
State taxation and revenue sharing 
1. 
Property 
taxes. 
In 
accordance 
with 
section 
6208, 
subsection 2, all real or personal property owned by the Tribes 
or 
the 
tribal 
gaming 
operator 
in 
connection 
with 
gaming 
operations and other activities at the site are subject to levy 
and collection of real and personal property taxes by any taxing 
authorities, 
including municipalities having jurisdiction over 
the site. 
2. 
State corporation taxes. 
In accordance with section 
6208, subsection 3, so long as the Tribes are exempt from the 
payment of federal income taxes on business corporations, they 
are 
not 
subject 
to 
taxation 
under 
the 
laws 
of 
the 
State 
applicable to business corporations. 
The tribal gaming operator 
is subject to state corporation taxes in accordance with its 
particular 
form 
of 
organization. 
With 
respect 
to 
gaming 
operations and other activities at the site, the Tribes and the 
tribal gaming operator, as applicable, are subject to all sales 
and use taxes, including liquor and tobacco taxes, of general 
gpplication within the State. 
3. 
Video facsimile revenues. 
So long as no change in state 
law occurs to tax or exact any fee on the gaming operations or 
other activities at the site except as provided in subsections 1 
and 2, 
the tribal gaming operator shall pay to the State an 
annual fee equal to 25% of the gross revenues of video facsimiles 
operated by the tribal gaming operator, such fee to be deemed for 
all purposes of state law a valid business expense. 
Provided, 
however, if a like facility or gaming device is authorized by the 
State, 
and 
subject 
to 
a 
tax 
more 
favorable 
than 
the 
tax 
contemplated herein, the annual fee payable to the State must be 
Page l6-LR2023(1) 
adjusted to the equivalent. 
For purposes of this subsection, the 
term "gross revenues" means the total sum wagered less amounts 
paid out as prizes. 
Such fee is payable on or before the 15th 
day of each month. 
On each such day other than July 15th, the 
fee is 25% of the gross revenues of the tribal gaming operator 
from the operation of video facsimiles during the portion of the 
fiscal year of the State concluding on the last day of the 
preceding calendar month. 
On July 15th of each year, the fee is 
25% of the gross revenues of the tribal gaming operator from the 
operation of video facsimiles during the preceding fiscal year of 
the State. 
In either case, the cumulative amount of such fee 
paid by the tribal gaming operator prior to such date with 
respect 
to 
the 
operation 
of 
video 
facsimiles 
during 
the 
applicable fiscal year of the State must be deducted from the fee 
due on the 15th day of each month. 
The tribal gaming operator 
shall provide the State with detailed reporting of the gross 
revenues of video facsimile devices and the determination of the 
fee under this subsection, which is subject to audit by the State 
in accordance with this subchapter. 
In the event that the Tribes 
or the tribal gaming operator is subject to taxation of the State 
referred to in subsection 2, except for sales and use, liquor and 
tobacco taxes, they are entitled to a credit against such taxes 
for each year in an amount equal to the fee paid under this 
subsection wi th respect to such year; provided that such credit 
does 
not 
apply with respect to property taxes described in 
subsection 1. 
4. 
Use of revenue. 
The amounts paid to the State pursuant 
-"t-"o'---"'s-"'u .... 
b'-'s'-'e"-'c"-t><-~=-· o"'-"-'n~_"'-3---'m'-'-u"'-'2.s-"t~b"'-"'-e-----'d"'e=p-"'-"osi ted by the State Treasurer and 
allocated as follows: 
A. 
A portion of amounts paid to the State pursuant to 
subsection 3 must be allocated by the State in each year to 
pay for mitigation of costs resulting from gaming operations 
conducted pursuant to this subchapter; and 
B. 
Of the amounts paid to the State pursuant to subsection 
that are not allocated pursuant to paragraph A: 
(1) 
Fifty percent must 
be allocated each year 
to 
supplement, 
not 
supplant, 
the 
statutorily 
required 
deposits 
to 
be 
made 
to 
the 
Local 
Government 
Fund 
established under Title 30-A, section 5681 to be used 
for residential property tax relief; 
(2) 
Forty percent must be allocated in each year to 
~ement. not supplant. the state appropriation for 
the program cost portion of general purpose aid to 
local schools; 
• 
.. 
(3) 
Five percent must be allocated in each year to the 
Maine State Grant Program, Title 20-A, chapter 419-Aj 
anQ 
(4) 
Five percent must be allocated to and distributed 
by the Finance Authority of Maine each year to private 
nonprofit organizations that have the principal purpose 
of providing scholarships to and otherwise enhancing 
the postsecondary educational opoortunities of students 
in 
this 
State 
enrolled 
in 
eligible 
programs 
in 
institutions 
of 
higher 
education 
in 
this 
State. 
Allocations 
must 
be 
administered 
and 
made 
by 
the 
Finance Authority of Maine annually on or before March 
1st of each year. Any unexpended funds allocated for 
this purpose do not lapse and must be carried forward 
for continued use of the program in future years. 
The 
Department of Administrative 
and Financial Services, 
Bureau of Revenue Services shall issue an annual report to the 
Legislature, 
on or before February 1st, which must include a 
detailed statement of the aggregate gross revenues paid to the 
State pursuant to subsection 3 and the allocations made by the 
State pursuant subsection 4. 
§6313. 
Johnson Act exemption 
Pursuant to the provisions of 15 United States Code, Section 
1172 
governing 
the 
transportation 
of 
gambling 
devices 
in 
interstate and 
foreign commerce, 
the State exempts 
from that 
statute 
the 
transportation 
of 
any 
gambling 
device 
used 
or 
intended for 
use at, 
and transported to 
or 
from, 
a 
gaming 
facility operated under this subchapter. 
§6314. 
Interpretation 
This subchapter must be liberally construed in favor of 
gaming by and on behalf of the Tribes. 
Without limitation of the 
foregoing, the grant under this subchapter of authority to the 
Tr ibes 
and 
the 
tribal 
gaming 
operator 
to 
conduct 
gaming 
operations 
at 
the 
site 
and 
the 
other 
provisions 
of 
this 
subchapter may not be interpreted to decrease or derogate from 
the authority of the Tribes under existing law to conduct any 
activity permitted to be conducted by them, 
whether on their 
respective reservations or elsewhere. 
Sec. 4. Effective date. 
This Act does not take effect with 
respect to the Passamaquoddy Tribe unless, within 60 days after 
the adjournment of the Legislature if the Legislature enacts this 
the 
the 
Act, or within 90 days of the Governor's proclamation of 
result of the vote if this Act is approved by the voters, 
Secretary of State receives written certification by the Joint 
Tribal Council of the Passamaquoddy Tribe that the Tribe has 
agreed to the provisions of this Act pursuant to 25 United States 
Code, Section 1725(e), copies of which must be submitted by the 
Secretary of State to the Secretary of the Senate, the Clerk of 
the House of Representatives and the Revisor of Statutes. 
This Act does not take effect with respect to the Penobscot 
Nation unless, 
within 
days 
after the 
adjournment of 
the 
Legislature if the Legislature enacts this Act, or within 90 days 
of the Governor's proclamation of the result of the vote if this 
Act is approved by the voters, the Secretary of State receives 
written certification by the Chief and Council of the Penobscot 
Nation that the Tribe has agreed to the provisions of this Act 
pursuant to 25 United States Code, Section 1725(e), copies of 
which 
must 
be 
submitted 
by 
the 
Secretary 
of 
State 
to 
the 
Secretary 
of 
the 
Senate, 
the 
Clerk 
of 
the 
House 
of 
Representatives and the Revisor of Statutes. 
In the event that one of the Passamaquoddy Tribe or the 
Penobscot 
Nation, 
but 
not 
both, 
fails 
to 
provide 
written 
certification of its agreement to the provisions of this Act 
within the time provided in this section, this Act is effective 
to 
permit 
the 
Tribe 
not 
so 
failing 
to 
conduct 
gaming 
in 
accordance with the provisions of this Act; and in such event 
this Act continues to permit the Tribe not so failing to have and 
exercise all of the rights and privileges, and to bear all of the 
obligations, allocated to the other Tribe under this Act. 
In no event may this Act become effective until 
after the adjournment of the Legislature, 
as required 
Constitution of Maine, Article IV, Part Third, Section 16. 
SUMMARY 
days 
by the 
This initiated bill allows the Passamaquoddy Tribe and the 
Penobscot Nation to conduct gaming 
and wagering at 
a 
single 
site. 
The legislative body of a municipality in which the site 
is located must approve the site for the conduct of gaming and 
wagering. 
The authority granted to the Passamaquoddy Tribe and 
the Penobscot Nation to conduct gaming and wagering at a single 
si te terminates in 20 years, unless extended, 
and may not be 
amended or repealed without the consent of the Passamaquoddy 
Tribe 
and 
the 
Penobscot 
Nation. 
The 
gaming 
and 
wagering 
authorized by this initiated bill is regulated by the Department 
of Public Safety and a tribal gaming agency formed jointly by the 
governments of the Passamaquoddy Tribe and the Penobscot Nation. 
The tribal gaming operator must pay to the State an annual 
fee 
equal 
to 
25% 
of the gross 
revenues of video 
facsimiles 
operated by the tribal gaming operator. 
After an allowance for 
costs resulting from gaming and wagering operations, the annual 
fee paid to the State must be used for the following purposes: 
1. 
Fifty percent must be deposited in the Local Government 
Fund established in the 
Maine 
Revised Statutes, Title 
30-A, 
section 5681 and distributed in accordance with the provisions of 
that section for revenue sharing with municipalities, with the 
intent of providing local property tax relief; 
2. 
Forty percent must be allocated for the program cost 
portion of general purpose aid to local schools; 
3. 
Five percent must be allocated to the Maine State Grant 
Program established in Title 20-A, chapter 4l9-A for grants for 
students who are pursuing higher education; and 
4. 
Five percent must be allocated to the Finance Authority 
of Maine to distribute to private, nonprofit organizations that 
have 
the 
principal 
purpose of 
providing scholarships 
to 
and 
otherwise enhancing the postsecondary educational opportunities 
of 
students 
in this State enrolled in eligible 
programs 
in 
institutions of higher education in this State.