An Act To Allow Table Games at a Facility Licensed To Operate Slot Machines on January 1,2011
Maine Legislature, Session 125, LD 1418
Committee Amendment CA_A_H522 (House)
Amends: 8 MRSA §1001, 8 MRSA §1011, 8 MRSA §1019, 8 MRSA §1036

COMMITTEE AMENDMENT ·A" to H.P. 1044, L.D. 1418, Bill, "An Act To 
Allow Table Games at a Facility Licensed To Operate Slot Machines on January 1,2011" 
Amend the bill by striking out everything after the title and before the summary and 
inselting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the commercial hamess racing track that operates a slot machine facility 
in Bangor has been a good corporate citizen; and 
Whereas, an enhanced gambling facility in Bangor will provide much needed jobs 
for citizens in Maine and is prepared to operate table games as soon as it receives a 
license; and 
Whereas, the General Fund will recognize much needed revenue from the 
enhancement of gaming opportunities at the established facility in Bangor; 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. 1. 8 MRSA §1001, sub-§5-A, as enacted by IB 2009, c. 2, §2, is amended to 
read: 
5-A. Casino. "Casino" means a facility in O"ford County, other than a commercial 
trat;k licensed in accordance with this chapter, where gambling activities occur, including, 
but not limited to, the operation of slot machines and table games. 
Sec. 2. 8 MRSA §1011, sub-§2-A, as enacted by IB 2009, c. 2, §29, is amended 
to read: 
Page I - 12SLR1267(02)-1 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT A" to H.P. 1044, L.D. 1418 
2-A. 
Persons eligible for casino operator license. 
The board may accept an 
application for a casino operator license to operate slot machines and table games at a 
casino from a commercial track licensed to operate a slot machine facility on January 1, 
2011 for the same location where slot machines were operated on January 1, 2011 and 
any person if that person and casino satisfy the following criteria: 
A. The casino is located on a parcel of land in Oxford County that is: 
(1) No less than 50 acres in size; and 
(2) Located not more than: 
(a) Thirty miles from a Level I or Level II trauma center verified as such by 
the American College of Surgeons or successor organization; 
(b) Fifteen miles from the main office of a county sheriff; 
(c) Twenty-five miles from the main office of a state police field troop; 
(d) Thirty miles from an interchange of the interstate highway system;. 
(e) Ten miles from a fire station; 
(f) Ten miles from a facility at which harness racing was conducted pursuant 
to a license from the State Harness Racing Commission for the 2009 racing 
year; and 
(g) One-half mile from a state highway as defined in Title 23, section 1903, 
subsection 15. 
For the purposes of this paragraph, distances are determined by measuring along the 
most commonly used roadway, as determined by the Department of Transportation; 
B. The criteria adopted through rulemaking by the board regarding the licensing of 
the operation of slot machines and table games; 
C. The operation of a casino is approved by the voters of the municipality in which 
the casino to be licensed is located in a referendum election or by a vote of the 
municipal officers in the municipality in which the casino is to be licensed and 
located held at any time after October 1, 2009 and on or before December 3 1, 2011; 
D. The person owns a facility that is within 10 miles ofthe proposed casino at which 
harness racing was conducted pursuant to a license from the State Harness Racing 
Commission for the 2009 racing year; and 
E. The slot machines and table games are located and operated in the casino. 
Sec. 3. 8 MRSA §1011, sub-§3, as amended by IB 2009, c. 2, §29, is further 
amended to read: 
3. Requirements for license; continued commercial track licensure. The board 
may not issue a license to operate a slot machine facility or a casino to any person unless 
that person demonstrates compliance with the qualifications set forth in sections 1016 and 
1019. To maintain eligibility for a slot machine operator license or a casino operator 
license under subsection 2-A issued to a commercial track with slot machines, a licensed 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT ·A" to H.P. 1044, L.D. 1418 
commercial track must at all times maintain a license to operate a commercial track, 
without lapse, suspension or revocation, aRa a lieaRSea eOfRfReFeial wae\( is not eligible 
foF a lieense to oflerata table gafRes but may aflflly foF a lieense to oflerate slat maekines 
as lang as tke lieensea eammeFeial tmek satisfies tke FeE/l:liFements aftkis 6kaflteF. 
Sec. 4. 8 MRSA §l018, sub-§l, ,C-l, as enacted by IB 2009, c. 2, §34, is 
amended to read: 
C-l. The initial application fee for a casino operator license is $225,000, except that 
the initial application fee for an applicant that is a commercial track that was licensed 
to operate slot machines as of January 1, 2011 is $25,000. The annual renewal fee is 
$80,000 plus an amount, set by rules of the board, equal to the cost to the board of 
II 
licensing casino operators and determined by dividing the costs of administering the 
casino operator licenses by the total number of casino operators licensed by the 
board. In addition, a casino operator shall pay an initial gaming table fee of $100,000 
for the privilege to operate each gaming table for a period of 20 years as long as the 
casino operator is licensed. Each gaming table is also subject to an annual gaming 
table renewal fee of $1,000. The gaming table fees authorize the casino operator to 
conduct any authorized table game at the gaming table during the 20-year period. A 
casino licensed in accordance with section 101 I, subsection 2-A, paragraph A is not 
required to pay the gaming table fees until after one calendar year of table game 
operation. Fees collected in accordance with this paragraph must be deposited to the 
Gambling Control Board administrative expenses Other Special Revenue Funds 
account. which is a nonlapsing dedicated account. 
Sec. 5. 8 MRSA §1019, sub-§6, as amended by IB 2009, c. 2, §35, is further 
amended to read: 
6. Proximity of licensed casinos and slot machine facilities. A casino operator 
license or slot machine operator license may not be issued under this chapter to operate 
any casino or slot machine facility located within 100 miles of a licensed casino or slot 
machine facility. This subsection does not prohibit a commercial track that was licensed 
to operate slot machines on January 1. 2011 from obtaining a casino operator license for 
the same facility where slot machines were operated as of January 1, 2011. 
Sec. 6. 8 MRSA §l019, sub-§7, as enacted by IB 2009, c. 2, §36, is amended to 
read: 
7. Referendum and municipal vote. After January 1,2011, any proposed casino or 
slot machine facility may not be issued a license unless it has been approved by a 
statewide referendum vote and a vote of the municipal officers or municipality in which 
the casino or slot machine facility is to be located, except that a commercial track 
licensed to operate slot machines on January I, 2011 is only required to receive approval 
to operate a casino by means of a municipal referendum vote as a condition to obtain a 
casino license. 
Sec. 7. 8 MRSA §1036, sub-§l, as amended by PL 2005, c. 663, §II, is further 
I 
amended to read: 
1. Distribution for administrative expenses of board. A slot machine operator 
licensed under section lOll, subsection 2 or a casino operator that is a commercial track 
COMMITTEE AMENDMENT 
\ 
COMMITTEE AMENDMENT 'A" to H.P. 1044, L.D. 1418 
that was licensed to operate slot machines under section 1011, subsection 2 on January 1, 
2011 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. 
Sec. 8. 8 MRSA §1036, sub-§2, as amended by PL 2009, c. 462, Pt. H, §1 and c. 
622, §2, is further amended to read: 
2. Distribution of net slot machine income from casino with commercial track. 
A slot machine operator licensed under section 1011. subsection 2 or a casino operator 
that is a commercial track that was licensed to operate slot machines under section 1011, 
subsection 2 on January 1, 2011 shall collect and distribute 39% of the net slot machine 
income from slot machines operated by the slot machine operator to the board for 
distribution by the board as follows: 
A. Three percent of the net slot machine income must be deposited to the General 
Fund for administrative expenses of the board in accordance with rules adopted by 
the board, except that of the amount calculated pursuant to this paragraph, the 
following amounts must be transferred annually to the Gambling Addiction 
Prevention and Treatment Fund established by Title 5, section 20006-B: 
(1) For the fiscal year beginning July 1,2011, $50,000; 
(2) For the fiscal year beginning July 1,2012, $50,000; and 
(3) For the fiscal year beginning July 1,2013 and for each fiscal year thereafter, 
$100,000; 
B. Ten percent of the net slot machine income must be forwarded by the board to the 
Treasurer of State, who shall credit the money to the fund established in section 298 
to supplement harness racing purses; 
C. Three percent of the net slot machine income must be credited by the board to the 
Sire Stakes Fund created in section 281; 
D. Three percent of the net slot machine income must be forwarded by the board to 
the Treasurer of State, who shall credit the money to the Agricultural Fair Support 
Fund established in Title 7, section 91; 
E, Ten percent of the net slot machine income must be forwarded by the board to the 
State Controller to be credited to the Fund for a Healthy Maine established by Title 
22, section 1511 and segregated into a separate account under Title 22, section 1511, 
subsection 11, with the use of funds in the account restricted to the purposes 
described in Title 22, section 1511, subsection 6, paragraph E. For the fiscal years 
ending June 30, 2010, June 30,2011 and June 30, 2012, the amount credited annually 
by the State Controller to the Fund for a Healthy Maine under this paragraph may not 
exceed $4,500,000 annually and any funds in excess of $4,500,000 annually during 
these fiscal years must be credited as General Fund undedicated revenue; 
F. Two percent of the net slot machine income must be forwarded by the board to the 
University of Maine System Scholarship Fund created in Title 20-A, section 10909; 
G. One percent of the net slot machine income must be forwarded by the board to the 
board of trustees of the Maine Community College System to be applied by the board 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT ·A" to H.P. 1044, L.D. 1418 
I 
of trustees to fund its scholarships program under Title 20-A, section 12716, 
subsection 1; 
H. Four percent of the net slot machine income must be forwarded by the board to 
the Treasurer of State, who shall credit the money to the Fund to Encourage Racing at 
Maine's Commercial Tracks, established in section 299; however, the payment 
required by this paragraph is terminated when all commercial tracks have obtained a 
license to operate slot machines in accordance with this chapter; 
I. Two percent of the net slot machine income must be forwarded by the board to the 
Treasurer of State, who shall credit the money to the Fund to Stabilize Off-track 
Betting Facilities established by section 300, as long as a facility has conducted off-
track wagering operations for a minimum of 250 days during the preceding 12-month 
period in which the first payment to the fund is required. After 48 months of 
receiving an allocation of the net slot machine income from a licensed operator, the 
percent of net slot machine income forwarded to the Fund to Stabilize Off-track 
Betting Facilities is reduced to 1 % with the remaining 1 % to be forwarded to the 
State in accordance with subsection 1; and 
J. One percent of the net slot machine income must be forwarded directly to the 
municipality in which the slot machines are located. 
Sec. 9. 8 MRSA §1036, sub-§2-B, as enacted by IB 2009, c. 2, §46, is amended 
to read: 
2-B. Distribution from casino of table game income. A casino operator licensed 
in accordance with section 10 11, subsection 2-A, paragraph A shall collect and distribute 
16% of the net table game income from table games operated by the casino operator to 
the board for distribution by the board as follows: 
A. Ten percent of the net table game income must be forwarded directly by the board 
to the Treasurer of State, who shall credit the money to the Department of Education, 
to be used to supplement and not to supplant funding for essential programs and 
services for kindergarten to grade 12 under Title 20-A, chapter 606-B; 
B. Three percent of the net table game income must be deposited to the Ges8Fal 
YHS6 reF a6R'lisisft'ath'e 
~(f3ess8s sf tke eellfti, iaelH6iag gaR'leliag aaaietiea 
eeHRselisg serviees, is aeeeFEiaRee witk rules aaef3tea ey tke !:leaFa Gambling Control 
Board administrative expenses Other Special Revenue Funds account, which is a 
nonlapsing dedicated account; 
C. Two percent of the net table game income must be forwarded directly to the 
municipality in which the table games are located; and 
D. One percent of the net table game income must be forwarded directly to the 
county in which the table games are located to pay for mitigation of costs resulting 
from gaming operations. 
Sec. 10. 8 MRSA §1036, sub-§2-C is enacted to read: 
2-C. Distribution of table game income from casino with a commercial track, A 
casino operator that is a commercial track and was licensed to operate slot machines on 
January 1, 2011 shall collect and distribute 16% of the net table game income from table 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT A 
"to H.P. 1044, L.D. 1418 
games operated by the casino operator to the board for distribution by the board as 
follows: 
A. Nine percent of the net table game income must be deposited to the General Fund 
for administrative expenses of the board, including gambling addiction counseling 
services, in accordance with rules adopted by the board; 
B. Three percent of the net table game income must be deposited to the Gambling 
Control Board administrative expenses Other Special Revenue Funds account, which 
is a nonlapsing dedicated account; 
C. Two percent of the net table game income must be forwarded directly to the 
municipality in which the table games are located; and 
D. Two percent of net table game income must be deposited into an account held by 
the board for distribution to charitable nonprofit organizations that were eligible to 
conduct beano games and games of chance in accordance with Title 17, chapters 
13-A and 62. The account is nonlapsing and no distributions may be made from the 
account before July 1, 2013. 
Sec. 11. 
Legislation defining eligibility of charitable nonprofit 
organizations to receive funds. The Joint Standing Committee on Veterans and 
Legal Affairs shall report out legislation to the Second Regular Session of the 125th 
Legislature defining the eligibility of charitable nonprofit organizations to receive funds 
from the account held by the Department of Public Safety, Gambling Control Board 
pursuant to the Maine Revised Statutes, Title 8, section 1036, subsection 2-C, paragraph 
D for the purposes of mitigating the reduction of charitable donations from revenues from 
gaming conducted in accordance with Title 17, chapters 13 -A and 62 due to the 
expansion of gaming conducted under Title 8, chapter 31. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. The amendment provides that the Department of 
Public Safety, Gambling Control Board may issue a casino operator license to a 
commercial track that was licensed to operate slot machines on January I, 2011. It 
provides that the initial application fee for this type of casino is $25,000. The amendment 
establishes a privilege fee for the operation of table games. The distribution of slot 
machine revenue at a commercial track licensed to operate a casino under this 
amendment would be the same as when the commercial track was licensed simply as a 
slot machine facility. The fee for each table is $100,000 for a 20-year privilege with a 
$1,000 annual renewal fee. A casino operated in Oxford County would be permitted to 
operate table games for one calendar year before being subject to the table game fee. The 
amendment establishes a separate structure for the distribution of revenue for table games 
operated at a casino that is a commercial track that distributes 16% of net table game 
revenue, 9% to the General Fund, 3% to a dedicated administrative expenses account for 
the Gambling Control Board, 2% to the host municipality and 2% to a fund to benefit 
charitable nonprofit organizations whose gaming revenue has been negatively affected by 
slot machine and table game operation. Table game fees and the 3% of net table game 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "A" to H.P. 1044, L.D. 1418 
I 
revenue at the Oxford County Casino, which under current law goes to the General Fund, 
goes to the dedicated Gambling Control Board account under this amendment. This 
amendment also adds an emergency preamble and clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/03111 
~a~ 
LD 1418 
LR 1267(02) 
An Act To Allow Table Games at a Facility Licensed To Operate Slot Machines on January 1,2011 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Contingent current biennium cost increase - General Fund 
Contingent current biennium cost increase - Other Special Revenue Funds 
Contingent current biennium revenue increase - General Fund 
Contingent cun"ent biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The impact of this bill is contingent on a municipal referendum vote. The bill proposes to authorize a commercial 
track that was licensed to operate a slot machine facility on January 1, 2011 to obtain a casino operator license. It also 
imposes a tax on this operator's table games of 16% of net table game income and imposes an initial gaming table fee 
of $100,000 per table with a renewal fee of $1 ,000 per table. Presented below is an estimate of the potential annual 
revenues. 
This estimate assumes one facility, the existing facility in Bangor, would qualify. It assumes 14 table games and 
assumes an 8% increase in slot revenue from increased visitation to the facility. This analysis assumes no significant 
effect on revenue generated by the casino facility pending licensure in Oxford. Ifthere is an appreciable reduction in 
casino revenue, there will be a reduction in the amounts distributed from that facility. The net impact on the state 
funds and the distributions to various funds and purposes cannot be estimated at this time. 
The total estimated annual increase in General Fund revenue is $1,352,539, which includes $1,432,539 from gaming 
activities and a loss of $80,000 from the Oxford casino operator license now deposited into a dedicated account within 
the Department of Public Safety, Gambling Control Board. The estimated annual increase in Other Special Revenue 
Funds revenue is $1,911,871 which includes $174,000 in casino operator and table game license fees now deposited 
into a dedicated account. Annual state costs associated with Inspectors and State Police Detectives are estimated to be 
$589,726. The timing of these impacts will depend on the timing of the local vote and the amount of time needed for 
establishing table games. 
LR 1267(02) - Fiscal Note - Page 1 of 2 
State Share Net Table Game Income (16%) 
State Share of Additional Net and Gross Slot Income 
State Revenues by Fund 
General Fund 
From Gaming 
From Annual License Feesl 
Total General Fund Revenue 
Other Special Revenue Funds 
Department of Public Safety, Gambling Control Board 1 
University of Maine Scholarship Fund 
Maine Community College System - Scholarship Funds 
Resident Municipalities 
Purse Supplements 
Sire Stakes Fund 
Fund to Encourage Racing at Commercial Tracks 
Fund to Stabilize Off-Track Betting 
Agricultural Fair Support Fund 
Non-profits conducting beano and games of chance 
Total Other Special Revenue Funds Revenue 
Total Revenue All Funds 
Summary of Expenditure Impacts to the State 
General Fund 
- Public Safety 
Under this legislation the initial and renewal casino operator license at Oxford are deposited in a dedicated account. 
LR1267(02) - Fiscal Note - Page 2 of2 
Annual 
Estimate 
$849,920 
$2,320,491 
$1,432,539 
($80,000) 
$1,352,539 
$572,940 
$90,116 
$45,058 
$151,298 
$450,581 
$135,174 
$180,232 
$45,058 
$135,174 
$106,240 
$1,911,871 
$3,264,410 
$589,726