An Act Regarding the Gambling Control Board
Maine Legislature, Session 122, LD 0090
Committee: Legal and Veterans Affairs
Sponsors: PERRY, HOTHAM, GAGNON, MAYO, BROWN, FISHER, GERZOFSKY, MOORE, PATRICK, TUTTLE
Amends: 5 MRSA §12004-G, 8 MRSA §1002

Legislative Document 
No. 90 
S.P.32 
In Senate, January 11, 2005 
An Act Regarding the Gambling Control Board 
(EMERGENCY) 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator PERRY of Penobscot. 
Cosponsored by Representative HOTHAM of Dixfield and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: GAGNON of Kennebec, MAYO of Sagadahoc, Representatives: BROWN of South 
Berwick, FISHER of Brewer, GERZOFSKY of Brunswick, MOORE of Standish, PATRICK 
of Rumford, TUTTLE of Sanford. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the voters of Maine approved an initiated bill at 
referendum that became effective on January 4, 2004 to allow slot 
machines at commercial horse racing tracks; and 
Whereas, the Second Special Session of the 121st Legislature 
established the Gambling Control Board to license and regulate 
slot machines; and 
Whereas, the 
regulatory 
infrastructure 
is 
in 
place 
to 
license slot machine operations; and 
Whereas, an application must be filed prior to the issuance 
of a license regarding the operation of slot machines and the 
license must be issued before slot machines may be operated as 
approved by the voters at referendum: and 
Whereas, the confidentiality of information contained in the 
application must be established before an applicant can file a 
complete application: and 
Whereas, the voters' expressed desire to allow slot machines 
at commercial horse racing tracks should be complied with as 
expediently as possible; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety: now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 5 MRSA §12004-G, sub-§30-C is enacted to read: 
~ 
Public 
Safety 
Gambling 
Control 
~ 
Legislative 
Per Diem 
MRSA 
§1002 
Sec. 2. 8 MRSA §§1006 and 1007 are enacted to read: 
§l006. 
Confidentiality of application and licensing information 
1. 
Confidentiality. 
The following records are designated 
as 
confidential 
for 
the 
purposes 
of Title 
1, 
section 
402, 
subsection 3, paragraph A: 
A. 
Those portions of any application, including all related 
questionnaires 
and 
other 
information 
required 
to 
be 
submi tted in connection with an application, required for 
issuance of a license pursuant to this chapter and received 
by the board or the department as well as records obtained 
or developed by the board or the department as part of an 
investigation related to an applicant or licensee containing: 
( 1) 
Personal information relating to a key executiye, 
a key executive's family, a gaming employee or a gaming 
employee's family. 
For the purposes of this paragraph 
the following terms have the following meanings. 
(a) 
"Family" 
means 
spouse, 
children, 
stepchildren, siblings, parents and grandparents. 
(b) 
"Personal information" means any information 
concerning 
an 
individual's 
private 
life 
and 
matters associated with it, including, 
but not 
limited to, birth dates; sodal security numbers; 
home addresses and telephone numbers; marital and 
family 
relationships, 
status 
and 
support 
information; 
criminal 
and 
civil 
litigation 
history; health status; memberships; political and 
social activities; and financial affairs; and also 
including, without limiting the generality of the 
foregoing, all information contained in individual 
key executive applications and questionnaires and 
gaming 
employee 
applications 
and questionnaires 
required 
by 
the 
board 
in connection with 
any 
licensing activities under this chapter; 
(2) 
Financial information, tax returns or any other 
f inandal records relating to a key executive, a key 
executive's 
family, 
a 
gaming 
employee 
or 
a 
gaming 
employee's family; 
(3) 
Key executive or gaming employee compensation; 
(4) 
Information that gives 
the 
owner 
or 
user 
an 
opportunity 
to 
obtain 
a 
business 
or 
competitive 
advantage over another person who does not have access 
to the information, except through board or department 
records, or information with respect to which access by 
others 
would 
result 
in 
a 
business 
or 
competitive 
disadvantage, 
loss of business or other significant 
detriment to any person to whom the record belongs or 
pertains; 
(5) 
Records including any financial information, tax 
returns 
or 
other 
financial 
records 
obtained 
or 
developed in connection with any monitoring activity of 
a licensee by the board or the department; 
(6) 
Records that contain an assessment by a person who 
is not employed by the board or by the department of 
the credit-worthiness or financial condition of 
any 
person or project; 
(7) 
Any 
business 
pAgn, 
marketing 
plan 
or 
other 
information related to the applicant's or licensee's 
plan for future operations of its business; 
(8) 
Information with ~ect to which there is 
a 
reasonable 
possibility 
that 
public 
release 
or 
inspection 
of 
the 
information 
would 
constitute 
an 
unwarranted invasion into personal privacy; and 
(9) 
Any other record or information that is designated 
confidential by statute; and 
B. 
In addition to the provisions of paragraph A, records of 
an applicant or licensee, whether or not it is a publicly 
traded corporation, that are: 
(1) 
Not required to be filed with the United States 
Securities 
and 
Exchange 
Commission 
by 
issuers 
that 
either have securities registered under Section 12 of 
the federal Securities and Exchange Act of 1934 or are 
required to file· reports under Section l5(d) of that 
Act; or 
(2) 
Considered nonpublic matters or information by the 
United States Securities 
and Exchange 
Commission as 
provided by 17 Code of Federal Regulations 200.80, et 
~ 
2. 
Exceptions. 
Notwithstanding 
subsection 
1. 
records 
containing information received by the board or the department: 
A. 
In an application or obtained or developed as part of an 
investigation related to the applicant or licensee may be 
disclosed to state or federal law enforcement agencies or 
enti ties when the Attorney General or a court of competent 
jurisdiction 
determines 
that 
the 
information 
contains 
evidence 
of 
a 
possible 
violation 
of 
laws, 
rules 
or 
regulations enforced by those agencies or entities; and 
B. 
From an applicant may be disclosed to: 
(1) 
The applicant or licensee upon written request; or 
(2) 
A person with the written consent of the applicant 
or licensee. 
3. 
Central site monitoring system suitability regyiremen~ 
Records and information obtained or developed by the board or the 
department as part of a suitability reQuirement for selecting a 
3rd party to operate the central site monitoring system pursuant 
to section 1004 must be treated as confidential in the same 
manner as the records and information listed in this section and 
section 1007. 
4. 
Records on effective date. 
Whether any record in the 
possession of the board or the department on the effective date 
of this section is confidential must be determined pursuant to 
this section and not pursuant to law in effect when the board or 
the department obtained the record and the record must or may be, 
as the case may be, disclosed or divulged to the extent required 
or permitted by this section. 
§l007. 
Restricted use agreements 
1. 
Agreement. 
Notwithstanding section 1006, the board or 
the department may enter into intelligence sharing, reciprocal 
use or restricted use agreements with a department or agency of 
the 
Federal 
Government, 
law 
enforcement 
agencies 
and 
gaming 
enforcement or regulatory agencies of other jurisdictions. 
The 
board or 
the department may 
provide 
reports, 
information or 
records designated as confidential under section 1006 only with 
prior written notice to 
the applicant, 
licensee, 
owner, 
key 
executive or gaming employee to which the reports, information or 
records relate, pertain or belong. 
2. 
Reports from other jurisdictions. 
Reports, information 
or records in the possession of the board or the department 
received pursuant to an intelligence sharing, reciprocal use or 
restricted 
use 
agreement 
entered into 
by 
the 
board or 
the 
department 
with 
a 
federal 
department 
or 
agency, 
any 
law 
enforcement agency or the gaming enforcement or regulatory agency 
of any jurisdiction are considered records or information within 
the meaning of section 1006, subsection 1 and may be disseminated 
only with the permission of the person or agency providing the 
reports, information or records. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill authorizes the members of the Gambling Control 
Board 
to 
receive 
legislative 
per 
diem 
when 
they 
meet 
and 
clarifies the confidentiality of certain information and records 
received by the board or the Department of Public Safety as part 
of an application for licensure and contracting for a central 
site monitoring system.