An Act To Allow a Casino in Oxford County (AFTER DEADLINE)
Maine Legislature, Session 123, LD 1828
Committee: Legal and Veterans Affairs
Sponsors: PATRICK, BRYANT, DRISCOLL, DUPREY, JACKSON, MAREAN, SIMPSON, TUTTLE, MARRACHE
Amends: 8 MRSA §1001, 8 MRSA §1003, 8 MRSA §1004, 8 MRSA §1009, 8 MRSA §1011-A, 8 MRSA §1012, 8 MRSA §1015, 8 MRSA §1018, 8 MRSA §1020, 8 MRSA §1031, 8 MRSA §1032, 8 MRSA §1033, 8 MRSA §1034, 8 MRSA §1035-A, 8 MRSA §1036, 8 MRSA §1041, 8 MRSA §1042, 8 MRSA §1054, 8 MRSA §1064, 17-A MRSA §952, 17-A MRSA §959, 36 MRSA §6652

Legislative Document 
No. 1828 
H.P.1276 
House of Representatives, April 4, 2007 
An Act To Allow a Casino in Oxford County 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative PATRICK of Rumford. 
Cosponsored by Senator BRYANT of Oxford and 
11/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DRISCOLL of Westbrook, DUPREY of Hampden, JACKSON of AUagash, 
MAREAN of Hollis, SIMPSON of Auburn, TUTTLE of Sanford, Senator: MARRACHE of 
Kennebec. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
See. A-I. 8 MRSA §lOOl, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
2. Associated equipment. "Associated equipment" means any component part used, 
or intended for use, in a slot machine or gaming device, including, but not limited to, 
software, integrated circuit chips, printed wired assemblies, printed wired boards, printing 
mechanisms, video display monitors and metering devices. 
Sec. A-2. 8 MRSA §lOOl, sub-§2-A is enacted to read: 
2-A. 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 prize but does 
not include a lottery or any game, sport, amusement, diversion, scheme, plan, project, 
contest, undertaking or enterprise in which the skill, accomplishment, art or adroitness of 
the gaming operator or participant is the primary factor in the winning or awarding of a 
pnze. 
Sec. A-3. 8 MRSA §lOOl, sub-§5-A is enacted to read: 
S-A. Casino. "Casino" means a facility in Oxford County where activities take 
place, including, but not limited to, various forms of gaming, amusement, entertainment, 
music, shows, lodging and any other activities authorized under state law. 
Sec. A-4. 8 MRSA §lOOl, sub-§13-A is enacted to read: 
13-A. Evergreen Mountain Enterprises, LLC. "Evergreen Mountain Enterprises, 
LLC" means the Maine-registered entity Evergreen Mountain Enterprises, LLC and its 
respective authorized entities, assigns, officials, agents and representatives. 
Sec. A-S. 8 MRSA §1001, sub-§16, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. 8, § 11, is amended to read: 
16. Gambling facility. 
"Gambling facility" means a race track, off-track betting 
facility, high-stakes beano or beano facility, a game of chance facility ef, slot machine 
facility or gaming facility. 
Sec. A-6. 8 MRSA §lOOl, sub-§19-A is enacted to read: 
19-A. Gaming. "Gaming" means any game of chance or other gaming activity or 
wagering activity, including, but not limited to, those activities specifically identified in 
subsection 19-C. 
Sec. A-7. 8 MRSA §lOOl, sub-§19-B is enacted to read: 
19-B. Gaming activity. "Gaming activity" means the act of gambling or wagering 
something of value at a gaming table, slot machine, simulcast or other device that, upon 
the placing of a wager or 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 the person playing or operating the gaming table, video screen or 
device, contrivance or machine or entitle that person to receive cash, tokens or credits to 
be exchanged for cash, merchandise or anything of value, whether the payoff is made by 
a gaming employee of the operator or automatically from the device, contrivance or 
machine or in any other manner. 
Sec. A-S. S MRSA §lOOl, sub-§l9-C is enacted to read: 
II 
19-C. Gaming device. 
"Gaming device" means a device used in any form of 
gaming, including without limitation the following: a slot machine, card game, table 
game or other game of chance, including without limitation blackjack, poker, dice, 
roulette, baccarat, money-wheels and bingo; a bazaar game, but only if conducted solely 
for merchandise prizes; a lottery game; a video facsimile, including without limitation a 
video facsimile of any card game, table game or other game of chance, including without 
limitation those described in this subsection. "Gaming device" applies only to a gaming 
facility and does not apply to a commercial track, which may operate only slot machines. 
Sec. A-9. S MRSA §lOOl, sub-§l9-D is enacted to read: 
19-D. Gaming device distributor. "Gaming device distributor" means a person 
who is licensed under this chapter to distribute gaming devices and associated equipment 
for use in this State. 
Sec. A-lO. S MRSA §lOOl, sub-§20, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
20. Gaming employee. "Gaming employee" means any person connected directly 
with a gambling facility, including cashiers, change personnel, counting room personnel, 
hosts, dealers, persons who extend credit or offer complimentary services, machine 
mechanics, security personnel, supervisors or managers. 
"Gaming employee" also 
includes employees of a slot machine distributor or gaming device distributor whose 
duties are directly involved with repair or distribution of slot machines or gaming 
devices. 
Sec. A-ll. S MRSA §100l, sub-§20-A is enacted to read: 
20-A. Gaming equipment. "Gaming equipment" means a machine or device that is 
specifically designed or manufactured for use in the operation of any gaming activity. 
Sec. A-12. S MRSA §lOOl, sub-§20-B is enacted to read: 
20-B. Gaming facility. "Gaming facility" means the place that houses the single 
casino in Oxford County. "Gaming facility" does not include a commercial track. 
Sec. A-13. S MRSA §lOOl, sub-§20-C is enacted to read: 
I 
20-C. Gamine: operation. "Gaming operation" means an enterprise operated by a 
gaming operator on a gaming site for the conduct of gaming in a gaming facility. 
Sec. A-14. 8 MRS A §IOOI, sub-§20-D is enacted to read: 
20-D. Gamine: operator. "Gaming operator" means a corporation, partnership, 
limited partnership, limited liability company or other entity established by Evergreen 
Mountain Enterprises, LLC for the purpose of developing, owning or operating a gaming 
facility or gaming facilities on one gaming site or a gaming operation or gaming 
operations, including operation of slot machines, all of the equity and voting securities of 
which are owned beneficially, directly or indirectly, by Evergreen Mountain Enterprises, 
LLC. 
Sec. A-IS. 8 MRSA §IOOI, sub-§20-E is enacted to read: 
20-E. Gamine: school. "Gaming school" means an enterprise organized to provide 
specialized training to gaming employees for the conduct of gaming other than a training 
program operated by the gaming operator. 
Sec. A-16. 8 MRSA §IOOI, sub-§20-F is enacted to read: 
20-F. 
Gamine: services. 
"Gaming services" means the provision of goods or 
services to a gaming operator directly in connection with the operation of gaming in a 
gaming facility, including maintenance or security services for the gaming facility; junket 
services; gaming schools; laboratory testing of gaming equipment, including video 
facsimile machines and lottery tickets; and the manufacture, distribution, maintenance or 
repair of gaming equipment. 
"Gaming services" does not include professional or 
financial services provided by persons licensed or registered under the laws of this State, 
the Federal Government or other states of the United States. 
Sec. A-17. 8 MRSA §IOOI, sub-§20-G is enacted to read: 
20-G. Gamine: site. "Gaming site" means one or more contiguous parcels of land 
selected by Evergreen Mountain Enterprises, LLC and owned or leased by Evergreen 
Mountain Enterprises, LLC or a gaming operator authorized by Evergreen Mountain 
Enterprises, LLC within a single city, town or plantation in Oxford County or within 2 or 
more contiguous cities, towns or plantations in Oxford County. 
Sec. A-18. 8 MRSA §IOOI, sub-§2S, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
25. Intermediary company. "Intermediary company" means a company that is a 
holding company of a company that applies for a slot machine operator or gaming 
operator license or a slot machine distributor or gaming device distributor license or is a 
subsidiary of a holding company of a company that applies for a slot machine operator or 
gaming operator license or a slot machine distributor or gaming device distributor license. 
Sec. A-19. 8 MRSA §IOOI, sub-§27, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
27. Key executive. "Key executive" means any executive of a licensee having 
power to exercise a significant influence over decisions concerning the operation or 
distribution of slot machines or gaming devices. 
Sec. A-20. 8 MRSA §lOOl, sub-§30, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
30. Nongambling services. "Nongambling services" means any goods or services, 
other than gambling services and slot machine and gaming device distribution by a slot 
machine distributor or gaming device distributor, provided to an operator licensed under 
this chapter or at a gambling facility, including, but not limited to, hotel concessions, 
restaurant concessions or food service. 
II 
Sec. A-21. 8 MRSA §lOOl, sub-§36, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
36. Premises. "Premises" means the property located within 2,000 feet of the center 
of the horse racing track at a commercial track and owned by the person that owns the 
property on which the track is located. "Premises" as it applies to a gaming site means 
the property on which the gaming facility is located. 
Sec. A-22. 8 MRSA §lOOl, sub-§43-A is enacted to read: 
43-A. Total gross gaming device income. "Total gross gaming device income" 
means all money, tokens, credits or similar objects or things of value received from the 
play of gaming devices, minus money, credits or prizes paid out to winners. 
Sec. A-23. 8 MRSA §lOOl, sub-§44, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
44. Uniform location agreement. "Uniform location agreement" means a written 
agreement in a form prescribed by the board between a slot machine operator or gaming 
operator and a slot machine distributor or gaming device distributor that governs the 
terms and conditions of that agreement, including the placement of slot machines or 
gaming devices on the premises of the slot machine operator or gaming operator. 
Sec. A-24. 8 MRSA §l003, sub-§2, ~, as enacted by PL 2003, c. 687, Pt. A, 
§5 and affected by Pt. B, §ll, is amended to read: 
H. Pursuant to subchapter 5, cause the department to investigate all complaints made 
to the board regarding ownership, distribution or operation of slot machines and 
gaming devices and all violations of this chapter or rules adopted under this chapter; 
Sec. A-25. 8 MRSA §l003, sub-§2, ~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
I. Adopt rules to prevent undesirable conduct relating to the ownership, distribution 
and operation of slot machines or gaming devices and slot machine facilities and 
gaming facilities, including, but not limited to, the following: 
I 
(I) The practice of any fraud or deception upon a player of a slot machine or 
gaming device or a licensee; 
(2) The presence or location of a slot machine or gaming device in or at premises 
that may be unsafe due to fire hazard or other public safety conditions; 
(3) The infiltration of organized crime into the ownership, distribution or 
operation of slot machines or gaming devices and slot machine facilities and 
gaming facilities; and 
(4) The presence of disorderly persons in a location where slot machines or 
gaming devices are in use; 
Sec. A-26. 8 MRS A §1003, sub-§2, ~J, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
1. Maintain a central site system of monitoring in real time all slot machines and 
gaming devices licensed in accordance with this chapter using an OR liRe online 
inquiry; 
Sec. A-27. 8 MRSA §1003, sub-§2, ~, as enacted by PL 2003, c. 687, Pt. A, 
§5 and affected by Pt. B, §11, is amended to read: 
K. Maintain the ability to activate and deactivate the operation of slot machines and 
gaming devices via the central site monitoring system under authority of board staff 
or persons contracted by the board; 
Sec. A-28. 8 MRS A §1003, sub-§2,~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
L. Ensure that the slot machine operator or gaming operator does not have access to 
any system that is capable of programming slot machines or gaming devices; 
Sec. A-29. 8 MRSA §1003, sub-§2, ~, as enacted by PL 2003, c. 687, Pt. A, 
§5 and affected by Pt. B, § 11, is amended to read: 
M. Inform gaming facility operators and commercial track operators applying for a 
license to operate gaming devices or slot machines that any gaming devices or slot 
machines licensed by the board must be compatible with the central site system of 
OR liRe online monitoring used by the board; 
Sec. A-30. 8 MRSA §1003, sub-§2,~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
N. Cause the central site monitoring system to disable a gaming device or a slot 
machine that does not meet registration requirements provided by this chapter or 
rules adopted under this chapter or as directed by the department; 
Sec. A-31. 8 MRSA §1003, sub-§2, ~O, as enacted by PL 2003, c. 687, Pt. A, 
§5 and affected by Pt. B, § 11, is amended to read: 
O. Cause the central site monitoring system to disable a gaming device or a slot 
machine and cause the department to seize the proceeds of that gaming device or slot 
machine if the funds from that gaming device or slot machine have not been 
distributed, deposited or allocated in accordance with section 1036; 
Sec. A-32. 8 MRSA §1003, sub-§2, ~Q, as amended by PL 2005, c. 663, §4, is 
further amended to read: 
Q. 
Certify monthly to the department a full and complete statement of all gaming 
device and slot machine revenue, credits disbursed by licensees, administrative 
expenses and the allocation of gross slot machine income and total gross gaming 
device income for the preceding month; 
Sec. A-33. 8 MRSA §1003, sub-§2, ~, as amended by PL 2005, c. 663, §5, is 
further amended to read: 
1 
R. Submit by March 15th an annual report to the Governor and the joint standing 
committee of the Legislature having jurisdiction over gambling affairs on gaming 
device and slot machine revenue, credits disbursed by gaming operators and slot 
machine operators, administrative expenses and the allocation of gross slot machine 
income and total gross gaming device income for the preceding year; 
Sec. A-34. 8 MRSA §1003, sub-§3,~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
E. The location and hours of operation of slot machines at commercial tracks, types 
of gaming devices and slot machines permitted, methods of operation of gaming 
devices and slot machines and distribution and servicing of gaming devices, slot 
machines and associated equipment; 
Sec. A-3S. 8 MRS A §1003, sub-§3, ~G, as enacted by PL 2003, c. 687, Pt. A, 
§5 and affected by Pt. B, § 11, is amended to read: 
G. 
Minimum procedures for the exercise of effective control over the internal fiscal 
affairs of gaming operators and slot machine operators, gaming device distributors 
and slot machine distributors, gambling services vendors and nongambling services 
vendors, including provisions for the safeguarding of assets and revenues, the 
recording of cash and evidence of indebtedness and the maintenance of reliable 
records, accounts and reports of transactions, operations and events, including reports 
to the board; 
Sec. A-36. 8 MRSA §1003, sub-§3, ~, as enacted by PL 2003, c. 687, Pt. A, 
§5 and affected by Pt. B, § 11, is amended to read: 
H. 
Procedures for the annual audit of the books and records of gaming operators 
and slot machine operators, gaming device distributors and slot machine distributors 
and gambling services vendors; 
Sec. A-37. 8 MRS A §1003, sub-§3, ~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
I. 
Establishment of a list of persons who are to be excluded or removed from any 
gaming facility or slot machine facility, including those persons who voluntarily 
request that their names be included on the list of excluded persons. These rules must 
define the standards for exclusion and removal and include standards regarding 
persons who are career or professional offenders, as defined by rules of the board, 
whose presence in a gaming facility or slot machine facility would, in the opinion of 
the board, be inimical to the interest of the State; 
Sec. A-38. 8 MRSA §1004, sub-§l, as enacted by PL 2003. c. 687. Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
1. Generally. In order to faciliLlte the auditing and security programs required by 
section 1003, subsection 2 and in addition to the requirements of section 1003, subsection 
2, paragraphs J to 0, all gaming devices and slot machines must communicate 
electronically with the central site monitoring system required pursuant to section 1003, 
subsection 2, paragraph J. The board shall select a central site monitoring system. The 
l3 
central site monitoring system, in addition to other functions the board determines 
necessary, must: 
A. Be a fully operational gaming device and slot machine control system that has the 
capability of supporting all slot machines licensed for operation in the State and is 
capable of being upgraded to maintain a fully operational and proper reporting 
capability; 
B. Use a widely accepted gaming industry protocol to facilitate gaming device and 
slot machine manufacturers' ability to communicate with the central site monitoring 
system; 
C. Have the capability to support progressive slot machines, both in-house and wide-
area, as approved by the board. For purposes of this paragraph, "progressive slot 
machine" means a slot machine or series of slot machines in which the payback 
amount to an individual player i.lcreases as that player continues to play the slot 
machine or slot machines; 
D. Allow the gaming operator or slot machine operator to install independent player 
tracking systems to include cashless technology as approved by the board; 
E. 
Be incapable of altering the statistical awards of slot machines and gaming 
devices, as designated by the slot machine or gaming device manufacturer and 
approved by the board; 
F. Provide redundancy to ensure that each component of the network is capable of 
operating independently if another component of the network fails and to ensure that 
all transactional data is captured and secured; and 
G. Have the ability to meet the reporting and control requirements set forth in section 
1003, subsection 2, paragraphs A to T. 
Sec. A-39. 8 MRSA §1004, sub-§3, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
3. Initial acquisition of central site monitoring system. The board shall select the 
central site monitoring system presenting the lowest overall cost alternative, taking into 
consideration the capital costs, operating costs and impact on gross gaming device and 
slot machine revenues, that is capable of satisfying the requirements of this section and 
section 1003, as determined by the board. 
Sec. A-40. 8 MRS A §1005, sub-§l, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
1. Powers. In addition to powers conferred by any other provision of law, the 
department may: 
A. 
Without notice, and at any time during regular hours of operation, enter the 
offices, facilities or other places of business of gaming operators, slot machine 
operators, gaming device distributors, slot machine distributors and gambling 
services vendors to conduct administrative inspections to determine compliance with 
this chapter and rules adopted under this chapter; and 
B. 
Request the director to disable any gaming device or slot machine if the 
department has a reasonable articulable suspicion that the gaming device or slot 
machine is being operated in violation of this chapter or of any rule adopted under 
this chapter. 
Sec. A-41. 8 MRSA §1009 is enacted to read: 
§1009. Gaming and gaming activities authorized; regulation; credit; liability 
1. Location. Gaming and gaming activities are allowed only at the gaming facility 
located in Oxford County. 
2. 
Evergreen Mountain Enterprises, LLC may operate gaming devices. 
Notwithstanding any other provision of law, Evergreen Mountain Enterprises, LLC may, 
through one or more gaming operators as Evergreen Mountain Enterprises, LLC may 
elect, operate gaming devices on one gaming site. 
3. Regulation. Regulation of gaming and gaming activities at the gaming site must 
be conducted by the board under this subchapter and the rules adopted pursuant to this 
subchapter. 
4. 
Credit. 
A gaming operator may not 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 gaming operator or a 
gaming operation or other activity of the gaming operator. 
5. Liability. Evergreen Mountain Enterprises, LLC or any 3rd party is not liable or 
responsible for any act or omission of a gaming operator except as specifically provided 
by a contract to which Evergreen Mountain Enterprises, LLC or the 3rd party is a 
signatory or otherwise as provided by law without regard to this chapter. 
Sec. A-42. 8 MRSA §1011-A is enacted to read: 
§1011-A. License to operate gaming devices at gaming facility 
The board shall exercise authority over the licensing of all persons participating in the 
operation, distribution and maintenance of gaming devices and gaming facilities and over 
the registration of gaming devices. 
1. Operator license required. A person may not operate any gaming device in the 
State unless the person has been issued a license to operate gaming devices by the board. 
A gaming operator license authorizes a licensee to own or lease gaming devices operated 
at a licensed gambling facility. 
2. Eligible persons. The board may accept applications for a license to operate 
gaming devices from any person who is licensed to operate a gaming facility as long as 
the facility satisfies the following criteria: 
A. The gaming facility is located in Oxford County in a municipality chosen by 
Evergreen Mountain Enterprises, LLC; 
B. The operation of gaming devices at the gaming facility is approved by the voters 
of the municipality in which the gaming facility to be licensed is located by 
referendum election held at any time after November 1, 2006 and before December 
31, 2009; and 
C. The legislative body of each city, town or plantation in which the gaming facility 
is located has approved the gaming site for the conduct of all gaming operations 
permitted under this chapter. 
3. Requirements for license; continued gaming facility licensure. The board may 
not issue a license to operate gaming devices to any person unless that person 
demonstrates compliance with the qualifications set forth in sections 1016 and 1019. A 
person who is granted a license to operate gaming devices shall maintain a license to 
operate a gaming facility without lapse, suspension or revocation for the duration of the 
gaming operator's license. 
4. Requirement for license; agreement with municipality where gaming devices 
are located. A gaming operator shall enter into an agreement with the municipality 
where the gaming operator's gaming devices are located that provides for revenue sharing 
or other compensation, including, but not limited to, a provision requiring the preparation, 
in conjunction with the municipality, of a security plan for the premises on which the 
gaming devices are located. 
5. Renewal. Licenses to operate gaming devices may be renewed upon application 
for renewal in accordance with this subchapter subject to board rules. 
Sec. A-43. 8 MRSA §1012, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§ 1 012. Local approval for renewal of gaming or slot machine operator license 
An application for renewal of a gaming operator or slot machine operator license 
must first be approved under this section by the municipal officers of the municipality in 
which the gaming facility or commercial track with slot machines is located or, if the 
gaming facility or commercial track is in an unincorporated place, the application must be 
approved by the county commissioners of the county in which the gaming facility or 
commercial track with slot machines is located. 
1. Hearings. Municipal officers or county commissioners, as the case may be, may 
hold a public hearing for the consideration of a request for the renewal of a license to 
operate gaming devices or slot machines, except that, when an applicant has held a 
license for the prior 5 years and a complaint has not been filed with the board against the 
applicant within that time, the applicant may request a waiver of the hearing. 
lOA. The board shall prepare and supply application forms for public hearings under 
II 
this subsection. 
B. Municipal officers or county commissioners, as the case may be, shall provide 
public notice of any hearing held under this section by causing, at the applicant's 
prepaid expense, a notice stating the name and place of the hearing to appear on at 
least 3 consecutive days before the date of the hearing in a daily newspaper having 
general circulation in the municipality where the premises of the gaming facility or 
commercial track with slot machines are located or one week before the date of the 
hearing in a weekly newspaper having general circulation in the municipality where 
the premises are located. 
C. If municipal officers or county commissioners, as the case may be, fail to take 
I 
final action on an application for a renewal of a gaming operator or slot machine 
operator license within 60 days of the filing of an application, the application is 
considered approved and ready for action by the board. 
For purposes of this 
paragraph, the date of filing of the application is the date the application is received 
by the municipal officers or county commissioners. 
2. Findings. In granting or denying an application under this section, municipal 
officers or the county commissioners shall indicate the reasons for their decision and 
provide a copy to the applicant. A license may be denied on one or more of the following 
grounds: 
A. Noncompliance of the gaming facility or commercial track licensed to operate 
I 
slot machines with any local zoning ordinance or other land use ordinance not 
directly related to gaming device or slot machine operations; 
B. Conditions of record such as waste disposal violations, health or safety violations 
or repeated parking or traffic violations on or in the vicinity of the premises of the 
gaming facility or commercial track with slot machines and caused' by persons 
patronizing or employed by the gaming facility or commercial track licensed to 
operate slot machines or other such conditions caused by persons patronizing or 
employed by the premises that unreasonably disturb, interfere with or affect the 
ability of persons or businesses residing or located in the vicinity of the premises to 
use their property in a reasonable manner; 
I 
C. 
Repeated incidents of record of breaches of the peace, disorderly conduct, 
vandalism or other violations of law on or in the vicinity of the premises of the 
gaming facility or commercial track with slot machines and caused by persons 
I 
patronizing or employed by the gaming facility or commercial track licensed to 
operate slot machines; and 
D. A violation of any provision of this chapter. 
3. Appeal to board. Any applicant aggrieved by the decision of the municipal 
officers or county commissioners under this section may appeal to the board within 15 
days of the receipt of the written decision of the municipal officers or county 
commissioners. The board shall hold a public hearing in the city, town or unincorporated 
place where the premises of the gaming facility or commercial track with slot machines 
are situated. 
In acting on such an appeal, the board may consider all licensure 
re<i{uirements and findings referred to in subsection 2. If the decision appealed is an 
application denial, the board may issue the license only if it finds by clear and convincing 
evidence that the decision was without justifiable cause. 
4. Appeal to District Court. 
Any person or governmental entity aggrieved by a 
board decision under this section may appeal the decision to the District Court within 30 
days of receipt of the written decision of the board. An applicant who files an appeal or 
who has an appeal pending shall pay the license renewal fee the applicant would 
otherwise pay. Upon resolution of the appeal, if an applicant's license renewal is denied, 
the board shall refund the applicant the prorated amount of the unused license fee. 
Sec. A-44. 8 MRS A §1013, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§l013. Licensing of gaming device distributors and slot machine distributors 
1. License to distribute required. A person may not distribute a gaming device or 
slot machine in the State unless the person has been issued a license to distribute gaming 
devices or slot machines by the board. 
2. Requirements for license. The board may issue a license to distribute gaming 
devices or slot machines to an applicant that meets the qualifications set out in sections 
1016andl019. 
Sec. A-45. 8 MRSA §1015, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§1015. Licensing of employees of gaming or slot machine operators, gaming device 
or slot machine distributors and gambling services vendors 
1. License required. A person may not be employed by a gaming operator or slot 
machine operator, gaming device distributor or slot machine distributor or gambling 
services vendor unless the person is licensed to do so by the board or granted a waiver by 
the board pursuant to subsection 3. 
2. Requirements for license. The board may issue an employee license to an 
employee of a gaming operator or slot machine operator, gaming device distributor or slot 
machine distributor or gambling services vendor if the applicant meets the qualifications 
set out in sections 1016 and 1019. 
Page II - 123LR2525(Ol)-1 
3. 
Requirements for waiver. 
Upon application by a gaming operator or slot 
machine operator, gaming device distributor or slot machine distributor or gamblins 
services vendor, the board may waive the employee license requirement under this 
section if the gaming operator or slot machine operator, gaming device distributor or slot 
machine distributor or gambling services vendor demonstrates to the board's satisfaction 
that the public interest is not served by the requirement of the employee license. 
Sec. A-46. 8 MRS A §1016, sub-§l, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
1. Minimum qualifications. Notwithstanding Title 5, chapter 341, and in addition 
to any requirements imposed by rules adopted by the board, a person must satisfy the 
following qualifications to be a gaming operator or slot machine operator, a gaming 
device distributor or a slot machine distributor, a gambling services vendor or an 
employee of these entities: 
A. The person has completed the application form, promptly and truthfully complied 
with all information requests of the board and complied with any applicable rules 
adopted by the board; 
B. The person has sufficient financial assets and responsibility to meet any financial 
obligations imposed by this chapter and, if applying for a gaming operator or slot 
machine operator license or gaming operator or slot machine operator license 
renewal, has sufficient financial assets and responsibility to continue operation of a 
gaming facility or commercial track; 
C. The person has not knowingly or recklessly made a false statement of material 
fact in applying for a license under this chapter or any gambling-related license in 
any other jurisdiction; 
D. In the case of a person applying to be a gaming operator or slot machine operator, 
the person has sufficient knowledge and experience in the business of operating 
gaming devices or slot machines to effectively operate the gaming facilities or slot 
machine facilities to which the license application relates in accordance with this 
chapter and the rules and standards adopted under this chapter, or the person forms a 
partnership with persons or entities who have sufficient knowledge and experience in 
the business of operating gaming devices or slot machines; 
E. 
The person has not had a gambling-related license application denied or an 
adverse action taken against a gambling-related license by authorities in this State or 
any other jurisdiction. For purposes of this paragraph, "adverse action" .includes, but 
is not limited to, a condition resulting from an administrative, civil or criminal 
violation, a suspension or revocation of a license or a voluntary surrender of a license 
to avoid or resolve a civil, criminal or disciplinary action; 
F. If the applicant is a business organization, the applicant is organized in this State, 
although that business organization may be a wholly or partially owned subsidiary of 
an entity that is organized pursuant to the laws of another state or a foreign country; 
and 
G. 
The person and all key executives are citizens or pennanent residents of the 
United States. 
A person may not hold more than one class of license under this chapter unless the 2nd 
license is an employee license under section 1015. 
Sec. A-47. 8 MRSA §1018, sub-§l, as amended by PL 2005, c. 663, §7, is 
further amended to read: 
1. Fees. The application fee for a license and the annual fee for a registered gaming 
device or slot machine under this chapter are as set out in this subsection. 
A. The initial registration fee for a registered gaming device or slot machine is $100. 
The annual renewal fee is $100 for each registered gaming device or slot machine. 
B. The initial application fee for a gaming device or slot machine distributor license 
is $200,000. The annual renewal fee is $75,000. 
C. The initial application fee for a gaming operator or slot machine operator license 
is $200,000. The annual renewal fee is $75,000 plus an amount, set by rules of the 
board, equal to the cost to the board of licensing gaming operators or slot machine 
operators and detennined by dividing the costs of administering the gaming operator 
and slot machine operator licenses by the total number of gaming operators and slot 
machine operators licensed by the board. 
D. The annual application fee for a license for a gambling services vendor is $2,000. 
E. The initial application fee for an employee license under section 1015 is $250. 
The annual renewal fee is $25. 
In addition to the application fee for a license or annual fee for a registered gaming device 
or slot machine, the board may charge a one-time application fee for a license or 
registration listed in paragraphs A to E in an amount equal to the projected cost of 
processing the application and perfonning any background investigations. If the actual 
cost exceeds the projected cost, an additional fee may be charged to meet the actual cost. 
If the projected cost exceeds the actual cost, the difference may be refunded to the 
applicant. All fees collected pursuant to this section must be deposited directly to the 
General Fund, except that $25,000 of the annual renewal fee for a slot machine operator 
must be deposited to the Gross Slot Income Other Special Revenue Fund account within 
the Gambling Control Board to be transferred to the municipality in which the slot 
machines are operated, in accordance with subsection 2. All application and registration 
fees are nonrefundable and are due upon submission of the application. 
Sec. A-48. 8 MRSA §1018, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
2. Term of license; renewal; renewal fees. All licenses issued by the board under 
this chapter are effective for one year, unless revoked or surrendered pursuant to 
subchapter 5. Upon proper application and payment of the required fees and taxes and in 
accordance with rules adopted by the board, the board may renew a license for an 
additional year if municipal approval has been obtained as provided in section 1012. The 
Page \3 - 123LR2525(Ol)-1 
board shall transfer $25,000 of the renewal fee required by subsection 1, paragraph C to 
the municipality in which the gaming devices or slot machines are operated. 
Sec. A-49. 8 MRSA §1020, sub-§3, as amended by PL 2005, c. 663, §9, IS 
further amended to read: 
3. Limits on total slot machines. The board shall determine the number of slot 
machines to be registered iH the State at commercial tracks. The board shall make this 
determination based upon the minimum net slot machine income, when distributed 
pursuant to section 1036, necessary to maintain the harness horse racing industry in this 
State, except that: 
A. The total Hlimber of slot maehiHes registered iH the State mfr)' Hot eKeeed 1,500; 
and 
B. A slot machine operator may not operate more than 1,500 slot machines at any 
one commercial track. 
Sec. A-50. 8 MRSA §1020, sub-§4, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
4. 
Examination of gaming devices and slot machines. 
The board shall, in 
cooperation with the department, examine gaming devices and slot machines and 
associated equipment of gaming device distributors and slot machine distributors seeking 
registration as required in this chapter. 
The board shall require the gaming device 
distributor or slot machine distributor seeking examination and approval of the gaming 
device or slot machine or associated equipment to pay the anticipated cost of the 
examination before the examination occurs. After the examination occurs, the board shall 
refund overpayments or charge and collect amounts sufficient to reimburse the board for 
underpayments of actual cost. The board may contract for the examinations of gaming 
devices and slot machines and associated equipment as required by this section. 
Sec. A-51. 8 MRSA §1020, sub-§5, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
5. 
Unregistered or noncompliant gaming device or slot machine subject to 
confiscation. A gaming device or slot machine that is not registered as required by this 
section or that does not comply with the requirements of this chapter or rules adopted 
under this chapter is contraband and a public nuisance and the gaming device or slot 
machine and the gaming device's or slot machine's monetary contents, monetary proceeds 
and associated equipment are subject to confiscation by any law enforcement officer. 
Slot machines, gaming devices and any monetary contents, monetary proceeds and 
associated equipment confiscated pursuant to this section are subject to forfeiture in 
accordance with the procedures outlined in Title 17-A, section 959 or 960. 
Sec. A-52. 8 MRSA §1031, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§1031. Age limit on gaming device and slot machine use; access by minors; credit 
prohibited 
1. Minimum age. A gaming operator or slot machine operator may not permit a 
person under U 12 years of age to playa slot machine or gaming device. 
2. Placement of gaming devices and slot machines. A gaming operator or slot 
machine operator, gaming device distributor or slot machine distributor or gambling 
services vendor shall prohibit persons under U 19 years of age from any area in which a 
gaming device or slot machine is located, except that a person at least 18 te-W years of 
age may be present if that person is a licensed employee under section 1015. 
3. Credit prohibited. A gaming operator or slot machine operator may not allow 
the use of a credit card or debit card by a person to playa gaming device or slot machine. 
Sec. A-53. 8 MRSA §1032, as amended by PL 2005, c. 663, §10, is further 
amended to read: 
§ 1 032. Payment of credits by slot machine operator 
A gaming operator or slot machine operator shall redeem credits for players who earn 
credits on a gaming device or slot machine located on the premises of that gaming 
operator or slot machine operator in accordance with rules adopted by the board. A 
gaming operator or slot machine operator may not redeem a credit slip more than 365 
days from the date of issuance. The funds reserved for the payment of such a credit slip 
or expired unclaimed jackpot must be retained by the gaming operator or slot machine 
operator and treated as gross slot machine income and do not constitute property subject 
to the requirements of Title 33, chapter 41. 
Sec. A-54. 8 MRSA §1033, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§ 1 033. Uniform location agreement 
Each gaming device and slot machine is subject to a uniform location agreement 
between the gaming device distributor or slot machine distributor and the gaming 
operator or slot machine operator. A copy of the agreement must be submitted to the 
board for approval. The uniform location agreement is the complete and sole agreement 
between the gaming operator or slot machine operator and the gaming device distributor 
or slot machine distributor regarding gaming devices and slot machines. 
No other 
agreement between the gaming operator or slot machine operator and the gaming device 
distributor or slot machine distributor is legally binding. 
Sec. A-55. 8 MRSA §1034, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§1034. Disclosure of other contracts and agreements 
A gaming operator or slot machine operator must submit to the board all contracts or 
agreements the gaming operator or slot machine operator establishes with a gaming 
distributor or slot machine distributor, licensed gambling services vendor or a key 
executive. 
Sec. A-56. 8 MRS A §1035, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§ 1035. Location of slot machines 
Slot machines may be located only on the premises of a state-authorized commercial 
track and in the gaming facility in Oxford County. 
Sec. A-57. 8 MRSA §1035-A is enacted to read: 
§1035-A. Location of gaming devices 
Other than state-authorized slot machines allowed at a commercial track, gaming 
devices may be located only at the site of the gaming facility in Oxford County. 
Sec. A-58. 8 MRSA §1036, sub-§l, as amended by PL 2005, c. 663, §ll, is 
further amended to read: 
1. Distribution for administrative expenses of board. A slot machine operator 
shall collect and distribute 1 % of gross slot machine income to the Treasurer of State for 
deposit in the General Fund for the administrative expenses of the board. A gaming 
operator shall coHect and distribute 1 % of gross gaming device income to the Treasurer 
of State for deposit in the General Fund for the administrative expenses of the board. 
Sec. A-59. 8 MRS A §1036, sub-§2-A is enacted to read: 
2-A. Distribution from gaming facility. The gaming operator shaH collect and 
distribute 39% of the net gaming device income from gaming devices operated bv the 
gaming operator to the board for distribution by the board to the Treasurer of State, who 
shall establish the Improve Maine's Future Support Fund. referred to in this subsection as 
"the fund," and shall credit to the fund all the money received by the Treasurer of State 
pursuant to this subsection. No later than January 31 st of each vear, all funds held as of 
the end of the previous calendar year in the fund must be distributed by the Treasurer of 
State as follows: 
A. Five percent of the net g'aming device income must be distributed to a Maine 
resident student loan repayment fund or similarly established fund to be used to pav 
for student loan repayment for graduates of 4-year colleges and graduate programs, 
with graduates who have resided in this State at least 10 years receiving first priority 
over graduates who have resided in this State less than 10 years. College gradLates 
of 4-year public colleges in this State receive priority. Graduates of private colleges 
in this State receive the same priority as graduates of public colleges up to the cost of 
a public college in this State, then additional funding if available. Public and private 
community college graduates are eligible for funding after 4-year college graduates 
have been reimbursed. Such qualifying applying graduates are eligible to receive 
assistance with the repayment of their college and graduate school tuition if they 
reside in the State after graduation. Priority is given to applicants employed and 
I 
working in their major field of college study. If a recipient of assistance ceases to 
reside in this State or a recipient of assistance lives outside of this State in excess of 
days without approval by the board or its agent to do so, the recipient will be 
permanently disqualified to receive further loan assistance from the fund. 
The 
requirements of this paragraph may be waived by the appropriate overseeing board or 
the Governor in appropriate circumstances; 
B. Four percent of the net gaming device income must be distributed to the research 
and development of an east-west highway in this State. A portion of the funds must 
be made available to attract federal matching funds from the Federal Government for 
this project; 
C. 
Three percent of the net gaming device income must be distributed to the 
University of Maine and the fractionation development center strictly for the research 
and production of biofuels and bio-heating oil as an alternative energy source by 
converting sustainably harvested, low-value forest biomass into environmentally 
IS 
friendly fuel for automobiles and for heating homes. The production process of such 
fuels must have a goal of zero pollution as a byproduct. 
Once the designated 
technology is realized, the funds provided in this paragraph must also be available for 
the development and implementation of a conversion plant to be located near the 
fractionation development center to aid in the production of biofuels in the manner 
stated in this paragraph. Once this plant has been completed, future funds authorized 
under this paragraph must be distributed for the implementation of additional 
conversion plants in the State for the production of biofuels. 
If this particular 
technology venture is abandoned by the State, such funds must go to the Renewable 
Resource Fund, established in Title 35-A, section 3210, subsection 6, to promote 
other clean alternative energy-producing projects that focus on the objectives of this 
paragraph; 
D. Three percent of the net gaming device income must be distributed to make health 
care more affordable for small businesses and their workers and self-employed 
persons in this State. This endeavor must include expanding membership in the 
Dirigo Health Program and allowing such health care to be offered as a self-insured 
product, with the goal of helping aid the design of a more competitive and affordable 
health care plan. 
A portion must be used to subsidize health plans for small 
businesses and provide some insurance on a sliding scale. The overall goal of such 
funding is to ensure that every working person in the State has affordable health care 
coverage; 
E. Two percent of the net gaming device income must be deposited in the Local 
Government Fund established in Title 30-A. section 5681 and distributed in 
accordance with the provisions of that section for revenue sharing with 
municipalities. strictly with the purpose of providing local property tax relief. A 
portion must be allocated for a delayed tax payment program for residents 65 years of 
age or older: 
F. Two percent of the net gaming device income must be distributed to a Maine 
prepaid college plan to allow residents of this State to prepay the cost of college 
tuition, fees and dormitory housing before their children go to college. The amount a 
participant in the plan pays for tuition expenses in the future is guaranteed to cover 
those future tuition expenses no matter how much college costs increase in the future. 
When a child covered by the plan is ready for college, the plan covers the actual cost 
at any public college, technical school or community college in this State, or the 
participant may transfer the value of the plan to participating private colleges in this 
State. Once the participant signs up for the plan, payments are fixed and may not 
increase. 
"Participant" includes but is not limited to parents, grandparents, other 
relatives and businesses; 
G. Two percent of the net gaming device income must be used for assisting the 
elderly with the cost of prescription drugs. This effort must include innovative ideas 
such as partnering with tribes in this State to purchase lower-priced, high-quality 
II 
prescription drugs from trustworthy participating countries and resources; 
H. 
Two percent of the net gaming device income must. be distributed to the 
Department of Transportation strictly for the improvement of secondary rural roads in 
the State using the type of technology and the workmanship that are used to fix the 
primary state highways; 
I. 
Two percent of the net gaming device income must be distributed for the 
expansion of facilities and course selection in the Maine Community College System. 
The added curriculum must reflect primarily the potential and realized employment 
opportunities of the town or towns that the schools serve. Courses focusing on 
innovation, advancements and technology must be stressed; 
1. One percent of the net gaming device income must be distributed for the program 
cost portion of general purpose aid for local schools for schools that do not sell 
unhealthy snack food such as soda or candy in vending machines or at concession 
stands and have a policy specifying at all school activities the need for healthy 
choices for students and the general public. If a charter school is established in the 
State, a portion of the funds distributed under this paragraph must be distributed to 
the charter school in an amount determined by the Commissioner of Education; 
K. 
One percent of the net gaming device income must be distributed to the 
Renewable Resource Fund established in Title 35~A, section 3210, subsection 6 for 
the development of new renewable sources of energy; 
L. One percent of the net gaming device income must be distributed to the Finance 
Authority of Maine for its NextGen First Step Grant program to assist residents of 
this State in saving for college tuition; 
M. One percent of the net gaming device income must be distributed to towns to be 
used for regionalization efforts of towns that express the desire and demonstrate the 
ability to reduce and eliminate duplicative municipal services in neighboring towns; 
N. One percent of the net gaming device income must be distributed to help fund the 
raising of the state minimum wage to a level comparable with a livable wage for 
resident workers in this State of $7.70 per hour in 2008 and $8.40 in 2009 and in 
accordance with the Consumer Price Index for Urban Wage Earners and Clerical 
Workers, CPI -W index, thereafter. If the Legislature refuses to accept these funds for 
this purpose, these funds must go to funding affordable health care and the Dirigo 
Health program under paragraph D; 
O. One percent of the net gaming device income must be distributed for grants to 
residents of this State who demonstrate energy efficiency and conservation 
proficiency, such as partial rebates for purchasers of hybrid and biodiesel-capable 
vehicles, for those who convert vehicles into biodiesel-capable vehicles and for users 
of biofuel for home and business heating, and grants for residents of this State who 
demonstrate an ability to develop such clean and efficient fuel technologies; 
P .. One percent of the net gaming device income must be distributed for improving 
the water quality of rivers in this State, starting with the Androscoggin River with the 
goal of bringing it to the status of a Class A river, and complying with the federal 
Clean Water Act. 
These funds must be distributed for the development and 
implementation of the technology necessary to eliminate the discharge of toxins and 
other harmful waste products from paper mills and municipal waste treatment plants 
into rivers in this State, starting with the Androscoggin River and moving to other 
polluted rivers in this State after the Androscoggin River has attained the status of a 
Class A river. The Department of Environmental Protection shall choose a willing 
and capable nonprofit organization with a demonstrated interest in revitalizing the 
natural environment to prepollution standards to allocate the funds to carry out the 
purposes of this paragraph. 
The Department of Environmental Protection shall 
choose another nonprofit organization to carry out the purposes of this paragraph 
after the Androscoggin River has been cleaned up; 
Q. One percent of the net gaming device income must be distributed to the Land for 
Maine's Future Fund established in Title 5, section 6203 to secure the traditional 
heritage of the State of public access to the land and water resources of the State and 
to secure the continued quality and availability of natural resources important to the 
interests and continued heritage of the people ofthe State; 
R. One percent of the net gaming device income must be distributed directly to 
public access television stations in this State for the purposes of improving their 
technology and programming. including the implementation of live-broadcast 
capabilities, and of implementing programs in the local schools and public access 
stations that allow students from local school systems and the community at large to 
take part in the production of programming for the community for broadcast. Public 
access stations that restrict content submitted by the public that is otherwise legal 
under state and federal law and those stations that attempt to limit the right to free 
speech under the First Amendment of the United States Constitution are disqualified 
from obtaining funding under this paragraph for that funding year; 
S. One percent of the net gaming device income must be distributed for funding 
residents of this State who are 15 years of age to 30 years of age to support ideas and 
projects that will stimulate the creative economy of this State, enhance technology, 
improve civic engagement or otherwise effect positive community change; 
T. One percent of the net gaming device income must be distributed to the General 
Fund for programs to protect gaming patrons against the risks of gambling, including 
providing gambling addiction counseling services and monitoring patrons who may 
be at risk and have a propensity for problem gambling. Counseling and education 
must be made available for such at-risk individuals in accordance with rules, which 
are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, adopted 
by the board; 
U. Two percent of the net gaming device income must be forwarded directly to any 
municipality in which the gaming facility is located; and 
V. One percent of the net gaming device income must be forwarded directly to 
Oxford County to pay for mitigation of costs resulting from gaming operations 
conducted pursuant to this chapter. The remaining funds, if any, must be used for the 
beautification and preservation of the character of Oxford County. 
The county 
commissioners shall administer the funds under this paragraph. 
If a program is already established that is sufficiently similar to a program listed in this 
subsection and has substantially the same objectives, services may be combined if the 
Attorney General decides that the program in this subsection substantially reflects the 
objectives and spirit of the established program. If the Attorney General cannot make 
such a decision, the Governor or a Governor-appointed head of a state agency qualified to 
address the subject area shall decide whether duplicative programs must be combined. 
As applicable, in cases in which funds in this subsection affect programs already 
established, such funds must be used only to supplement state funding to applicable 
existing programs, not supplant funding to existing programs. 
If any of the entities or groups referred to in this subsection cease to exist, reject the funds 
or are found by the board or the board overseeing the funding not to have used the 
designated funds for the purpose so designated under this subsection, that entity's share 
under this subsection is to be forfeited. In such a case, the balance of the forfeited funds 
must be distributed in full to the Maine resident student loan repayment fund in paragraph 
A. 
The president of Evergreen Mountain Enterprises, LLC must be appointed a voting 
member on the governing body or board, if any, of each recipient or program funded in 
this subsection regarding the allocation of specific funding that is paid by the gaming 
operator. 
The overall general intention of the fund is to develop and realize the vast potential of this 
State without compromising the public health or natural resources. The programs in this 
subsection are intended to provide jobs. opportunities, health care, education, protection 
of the environment and advancement of the overall qualitv of life for residents of this 
State. In any analysis or interpretation of any of the funding of the programs in this 
subsection, this subsection must be liberally construed to observe such goals as long as 
the substantial purposes of each program provided in this subsection are complied with. 
Sec. A-60. 8 MRS A §1036, sub-§3, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § II, is amended to read: 
3. Failure to deposit funds. A gaming operator or slot machine operator who 
knowingly or intentionally fails to comply with this section commits a Class C crime. In 
addition to any other sanction available by law, the license of that person may be revoked 
by the board and the gaming devices or slot machines operated by that gaming operator 
or slot machine operator may be disabled, and the gaming devices and slot machines, 
gaming devices' proceeds and slot machines' proceeds and associated equipment may be 
confiscated by the board and are subject to forfeiture under Title I7-A, section 959 or 
960. 
Sec. A-61. 8 MRSA §1041, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
2. Location. A gaming operator or slot machine operator shall maintain all records 
required by this chapter or by rules adopted under this chapter at the operator's primary 
business office within this State or on the premises where the gaming device or slot 
machine is operated. 
A gaming device distributor or slot machine distributor shall 
maintain these records at the distributor's primary business office within this State. The 
primary business office must be designated by the license holder in the license 
application. All records must be open to inspection and audit by the board or its designee 
and a license holder may not refuse the board or its designee the right to inspect or audit 
the records. Refusal to permit inspection or audit of the records constitutes grounds for 
revocation or suspension of the license or registration. 
Sec. A-62. 8 MRSA §1042, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
2. 
Monitoring. The board or the department shall monitor the use, operation, 
distribution and servicing of gaming devices and slot machines through on-site 
observation and other means at any time during the operation of any license for the 
purpose of certifying the revenue thereof, receiving complaints from the public relating to 
the conduct of licensees, examining records of revenues and procedures, enforcing the 
provisions of this chapter and the rules adopted pursuant to this chapter and conducting 
periodic reviews of licenses for the purpose of evaluating current or suggested provisions 
of this chapter and the rules adopted pursuant to this chapter. 
Sec. A-63. 8 MRSA §1054, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§l054. Criminal violations 
A person commits a Class C crime if that person knowingly or intentionally: 
1. Tampering with gaming device or slot machine. Manipulates or intends to 
manipulate the outcome, payback or operation of a gaming device or slot machine by 
physical tampering or any other means; 
2. Interference. Interferes with the board's ability to monitor compliance with this 
chapter; 
3. Operation or distribution without license. 
machine in this State without a license; 
Operates or distributes a slot 
4. Operation or distribution of unregistered gaming device or slot machine. 
Operates or distributes a gaming device or slot machine that is not registered in this State; 
5. 
Possession of tools for purpose of tampering with gaming device or slot 
machine. Possesses or makes any tool, implement, instrument or other article that is 
adopted adapted, designed or commonly used for manipulating the outcome, payback or 
operation of a gaming device or slot machine with intent to use that tool, implement, 
instrument or other article to commit the manipulation of a gaming device or slot 
machine; 
6. Failure to disclose contracts and agreements. Violates section 1034; 
7. 
Underage use of gaming device or slot machine. 
Violates section 1031, 
subsection 1; 
8. Failure to deposit funds. Violates section 1036, subsection 2 or 2-A; or 
9. Failure to grant access to premises, equipment and records. Violates section 
1042. 
Sec. A-64. 8 MRSA §1064, as enacted by PL 2003, c. 687, Pt. A, §5 and affected 
by Pt. B, § 11, is amended to read: 
§1064. Applicability of Title 17, chapter 14 
Except as expressly provided in this chapter, the provisions of Title 17, chapter 14 do 
not apply to the ownership, distribution or operation of gaming devices or slot machines 
in the State. 
Sec. A-6S. 8 MRSA c. 31, sub-c. 7 is enacted to read: 
SUBCHAPTER 7 
CASINO LICENSING 
§1071. License to operate casino 
1. Eli2ible persons. The board may issue a license to operate gaming devices 
including slot machines at a gaming facility to Evergreen Mountain Enterprises, LLC if it 
or its designee satisfies the following criteria: 
A. The gaming facility is located in Oxford County in a municipality chosen by 
Evergreen Mountain Enterprises, LLC; and 
B. The operation of gaming devices at the gaming facility is approved by the voters 
of the municipality in which the gaming facility to be licensed is located by 
referendum election held at any time after November 1, 2006 and before December 
31,2009. 
2. Requirements for license. The person applying for a license under subsection 1 
must satisfy the qualifications set forth in section lOll-A. 
3. Operation of gaming devices. A licensee may operate a gaming device on any 
day during the calendar year at the location where the gaming facility is licensed for 
gaming without restriction on hours of operation. 
§1072. Authorized gaming operations 
1. 
Authorized games. Notwithstanding any other provision of law, Evergreen 
Mountain Enterprises, LLC may, through one or more gaming operators as Evergreen 
Mountain Enterprises, LLC may elect, conduct, on one site and subject to this subchapter, 
any form of gaming or wagering, including without limitation any of the following: 
A. Card games, table games and other games of chance, including without limitation 
blackjack, poker, dice, roulette, baccarat, money-wheels and bingo; 
II 
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. 
§1073. Protection against proliferation 
1. Protection against proliferation. A gaming facility license may not be issued 
under section 10 II-A to any other gaming facility for 10 years from the first day that 
gaming occurs at the gaming facility. 
2. 
Exclusive gaming faciHtv in the State. Other than properly approved and 
licensed commercial tracks, Evergreen Mountain Enterprises, LLC must be the only 
gaming facility in the State. No other gaming facilities in any form are permitted in the 
State for 10 years from the first day that gaming occurs at the gaming facility. 
3. 
Exclusive operator of gaming operations. 
As applicable, the rights and 
privileges granted under this subchapter are reserved to Evergreen Mountain Enterprises, 
LLC and, as applicable, the gaming operator. 
No other person, including without 
limitation any commercial track or creditor of the gaming operator, may conduct any 
gaming operation on the gaming site. This subsection may not be interpreted to restrict 
any nongaming activities on the gaming site. Licensed commercial tracks may not expand 
their gaming operations to include gaming devices other than slot machines. 
Sec. A-66. 17-A MRSA §952, sub-§5-A, ~C, as amended by PL 2003, c. 687, 
Pt. A, §6 and affected by Pt. B, § 11, is further amended to read: 
C. 
That is not a machine or gaming device that a person may lawfully operate 
pursuant to a license that has been issued under Title 17, chapter 14 or that is 
operated by the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations; and 
Sec. A-67. 17-A MRSA §952, sub-§5-A,~, as enacted by PL 2003, c. 687, Pt. 
A, § 7 and affected by Pt. B, § 11, is amended to read: 
D. That is not a slot machine registered pursuant to Title 8, section 1020 or a gaming 
device operated by the licensed gaming operator pursuant to Title 8, section 10 ll-A 
and owned by a gaming device distributor or slot machine distributor licensed 
pursuant to Title 8, section 1013. 
Sec. A-68. 17-A MRSA §959, sub-§2, as amended by PL 2003, c. 687, Pt. A, §8 
and affected by Pt. B, § 11, is further amended to read: 
2. An illegal gambling machine, any monetary contents and any associated proceeds 
may be declared forfeited under this section by any court that has jurisdiction over the 
illegal gambling machine or final jurisdiction over any related criminal proceeding 
brought under this chapter or by the Superior Court for Kennebec County or the Superior 
II 
Court for Oxford County. Property subject to forfeiture may be kept or stored at any 
location within the territorial boundaries of the State and is subject to the authority of any 
court in which a petition seeking the forfeiture of that property is filed. 
Sec. A-69. 36 MRSA §6652, sub-§l-B, ~C, as repealed and replaced by PL 
2005, c. 218, §61 and affected by §63, is amended to read: 
C. 
Gambling machines or devices, including any device, machine, paraphernalia or 
equipment that is used or usable in the playing phases of any gambling activity as that 
term is defined in Title 8, section 1001, subsection 15, whether that activity consists 
of gambling between persons or gambling by a person involving the playing of a 
machine. "Gambling machines or devices" includes, without limitation: 
(l) Associated equipment as defined in Title 8, section 1001, subsection 2; 
(2) Computer equipment used directly and primarily in the operation of a slot 
machine as defined in Title 8, section 1001, subsection 39 or a gaming device as 
defined in Title 8, section 1001, subsection 19-C; 
(3) An electronic video machine as defined in Title 17, section 330, subsection 
I-A; 
(4) Equipment used in the playing phases of lottery schemes; aOO 
(5) Repair and replacement parts of a gambling machine or device; and 
(6) A gaming device as defined in Title 8, section 1001, subsection 19-C. 
Sec. A-70. 
Statutory referendum procedure; submission at general 
election in 2008; form of question; effective date. This Part must be submitted to 
the legal voters of the State at the general election held in the month of November 2008. 
The municipal officers of this State shaII notify the inhabitants of their respective cities, 
towns and plantations to meet, in the manner prescribed by law for holding a statewide 
election, to vote on the acceptance or rejection of this Part by voting on the folIowing 
question: 
"Do you favor alIowing Evergreen Mountain Enterprises, LLC, 'through 
one or more gaming operators, to operate gaming devices at a gaming 
facility located in Oxford County, subject to the approval of the 
municipality in which the gaming facility would be located?" 
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The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within a corresponding square 
below the word "Yes" or "No." 
The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature. The Governor shall 
review the returns. If a majority of the legal votes are cast in favor of this Part, the 
Governor shall proclaim the result without delay and this Part becomes effective 30 days 
after tHe date of the proclamation. 
The Secretary of State shall prepare and furnish to each city, town and plantation all 
ballots, returns and copies of this Part necessary to carry out the purposes of this 
II 
referendum. 
PART B 
Sec. B-1. Report. The Department of Public Safety, Gambling Control Board 
established in the Maine Revised Statutes, Title 8, chapter 31 shall submit by January 15, 
2008 a report and recommendations to the Governor and the Legislature on bringing 
within the jurisdiction of the board regulatory authority over off-track betting, high-stakes 
beano, beano, pari-mutuel wagering, games of chance and other approved gaming 
devices, including, but not limited to, poker, craps, baccarat, blackjack and roulette. 
Sec. B-2. 
Report on operation of Gambling Control Board. 
The 
Department of Public Safety, Gambling Control Board established in the Maine Revised 
Statutes, Title 8, chapter 31 shall submit by March 15, 2008 a report on the operation of 
the board and its effectiveness in regulating the operation of gaming devices and slot 
machines and other gaming devices at commercial harness racing tracks and gaming 
facilities. The report must include recommendations of any necessary changes to the 
board and the laws governing the board in order to effectively regulate the operation of 
gaming devices, slot machines and other gaming devices at commercial tracks and 
gaming facilities. The report must include recommendations regarding expansion of the 
board's authority to regulate all gaming conducted legally within the State. 
SUMMARY 
Part A of this bill authorizes Evergreen Mountain Enterprises, LLC to operate a 
gaming facility at a single site in Oxford County, subject to approval of the voters at the 
general election held in November 2008. 
The legislative body and voters of any 
municipality. in which the site is located must approve the site for the operation of the 
gaming facility. The gaming facility is authorized to contain 4,500 slot machines, bazaar 
games conducted solely for merchandise prizes, lottery games, video facsimiles, card 
games, table games and other games of chance, including without limitation blackjack, 
poker, dice, roulette, baccarat, money-wheels and bingo. The minimum age to playa slot 
machine or gaming device is lowered from 21 years of age to 19 years of age. The bill 
provides that, other than the approved commercial race tracks in the State that operate 
slot machines, the gaming facility operated by Evergreen Mountain Enterprises, LLC 
must be the only gaming facility in the State for at least 10 years. The bill provides for 
regulation of the gaming facility by the Department of Public Safety, Gambling Control 
Board. 
The bill requires the gaming operator to collect and distribute 1 % of gross gaming 
device income to the Treasurer of State for deposit in the General Fund for the 
administrative expenses of the Gambling Control Board. The gaming operator must pay 
to the State 39% of the net gaming device income. This money paid to the State must be 
used for the following purposes: 
1. Five percent of the net gaming device income must be distributed to repay student 
loans of residents of this State; 
2. Four percent of the net gaming device income must be distributed to the research 
and development of an east-west highway in the State; 
3. Three percent of the net gaming device income must be distributed to develop and 
construct a facility to produce biofuels, including fuel for heating homes; 
4. Three percent of the net gaming device income must be distributed for revenue 
sharing with municipalities, with the intent of providing local property tax relief; 
5. Two percent of the net gaming device income must be distributed to a Maine 
prepaid college plan to allow residents of this State to prepay the cost of college tuition, 
fees and dormitory housing before a child goes to college; 
6. Two percent of the net gaming device income must be used to assist the elderly 
with the cost of prescription drugs; 
7. Two percent of the net gaming device income must be used for the improvement 
of secondary rural roads in the State; 
8. Three percent of the net gaming device income must be distributed to make health 
care more affordable for employees of businesses and the self-employed in this State. 
This endeavor must include expanding membership in the Dirigo Health Program and 
allowing such health care to be offered as a self-insured product; 
9. Two percent of the net gaming device income must be distributed for the program 
cost portion of general purpose aid for local schools; 
10. 
Two percent of the net gaming device income must be distributed for the 
expansion of facilities and course selection in the Maine Community College System; 
11. One percent of the net gaming device income must be distributed to the Finance 
Authority of Maine for its NextGen First Step Grant program to assist residents of this 
State in saving for college tuition; 
12. One percent of the net gaming device income must be distributed to towns to be 
used for regionalization efforts of towns that express interest in reducing and eliminating 
duplicative municipal services; 
13. One percent of the net gaming device income must be distributed to help fund 
raising the minimum wage to a level comparable with a livable wage for the resident 
workers in this State of $7.70 per hour in 2008 and $8.40 in 2009 and in accordance with 
the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W index, 
thereafter; 
14. One percent of the net gaming device income must be distributed for grants to 
residents of this State who demonstrate energy efficiency and conservation proficiency, 
such as rebates for purchasers of hybrid and biodiesel-capable vehicles and biofuel for 
home and business heating, and grants for residents of this State to develop such clean 
and efficient fuel technologies; 
15. 
One percent of the net gaming device income must be distributed for the 
improvement of the water quality of the rivers of this State and the technology to allow 
paper mills and waste treatment plants to eliminate the toxins they release into rivers; 
16. One percent of the net gaming device income must be distributed to public 
access television stations in this State for the improvement of technology and 
programming; 
17. One percent of the net gaming device income must be distributed for funding 
residents of this State who are 15 years of age to 30 years of age to support ideas and 
projects that will stimulate the creative economy in this State, enhance technology, 
improve civic engagement or otherwise effect positive community change; 
18. One percent of the net gaming device income must be distributed for programs to 
protect gaming patrons against the risks of gambling, including gambling addiction 
counseling services and monitoring patrons who may be at risk and have a propensity for 
problem gambling; 
19. Two percent of the net gaming device income must be forwarded directly to any 
municipality in which the gaming facility is located; and 
20. One percent of the net gaming device income must be forwarded directly to 
Oxford County to pay for mitigation of costs resulting from gaming operations. 
Part B requires the Department of Public Safety, Gambling Control Board to report 
by January 15, 2008 to the Governor and the Legislature on including in the board's 
regulatory authority games of chance and gaming devices other than slot machines. 
Part B requires another report by the board by March 15, 2008 on the effectiveness of 
the board in regulating the operation of gaming devices and slot machines.