An Act To Enhance Opportunities for the Sale of Lottery Tickets
Maine Legislature, Session 125, LD 1880
Committee: Veterans and Legal Affairs
Sponsors: PLOWMAN, VALENTINO, FARNHAM, PATRICK, CAREY
Amends: 8 MRSA §372, 8 MRSA §379

Legislative Document 
No. 1880 
S.P. 657 
In Senate, March 15, 2012 
An Act To Enhance Opportunities for the Sale of Lottery Tickets 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator PLOWMAN of Penobscot. 
Cosponsored by Representative VALENTINO of Saco and 
Senators: FARNHAM of Penobscot, PATRICK of Oxford, Representative: CAREY of 
Lewiston. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, a recent opinion of the United States Department of Justice clarified that 
intrastate sale of lottery tickets over the Internet is not in violation of the federal Interstate 
Wire Act of 1961; and 
Whereas, the State needs to establish the authority and procedure for the sale of 
lottery tickets over the Internet as soon as possible in order to secure the State's ability to 
sell lottery tickets in that manner; 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 §372, sub-§2, ¶I, as amended by PL 2003, c. 673, Pt. MM, §1, 
is further amended to read: 
I.  Carry on a continuous study and investigation of the lotteries throughout the State 
and the operation and administration of similar laws that may be in effect in other 
jurisdictions.  The director, subject to the prior approval of the commission, may 
enter into a written agreement with a multijurisdictional lottery association for the 
operation, marketing and promotion of a joint lottery or joint lottery games with other 
jurisdictions. 
Any final agreement entered into with a multijurisdictional lottery association must 
provide that the director has the authority to terminate the agreement upon the 
provision of reasonable notice, not to exceed 6 months.  The final agreement must 
further provide that the director may terminate the agreement at any time, without 
prior notice, in the event that the director's authority is withdrawn or limited by law; 
and 
Sec. 2.  8 MRSA §372, sub-§2, ¶J, as enacted by PL 1991, c. 780, Pt. Y, §112, is 
amended to read: 
J.  Assign duties as necessary to a designee. ; and 
Sec. 3.  8 MRSA §372, sub-§2, ¶K is enacted to read: 
K.  No sooner than September 1, 2013, develop and implement a system, as approved 
by the commissioner, for the sale of tickets or shares for lottery draw games using a 
publicly accessible website.  For purposes of this paragraph, "lottery draw game" 
means a game of chance in which a player selects numbers that are compared to those 
numbers drawn at random at a future specified time and is determined to be a winner 
if some or all of the numbers chosen by the player match some or all of the numbers 
drawn at the corresponding random number drawing. 
Sec. 4.  8 MRSA §379, as amended by PL 1991, c. 683, §2, is further amended by 
adding after the 2nd paragraph a new paragraph to read: 
Nothing in this section may be construed to prohibit the sale from a publicly 
accessible website administered by the bureau of tickets or shares for lottery draw games 
as defined in section 372, subsection 2, paragraph K. 
Sec. 5.  Director of Alcoholic Beverages and Lottery Operations to 
develop a system for lottery draw games over the Internet.  The Director of 
Alcoholic Beverages and Lottery Operations shall develop a proposal for a system for the 
sale, from a publicly accessible website administered by the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations, of tickets or shares for lottery draw games, as defined in the Maine Revised 
Statutes, Title 8, section 372, subsection 2, paragraph K.  The proposal developed 
pursuant to this section must include the following: 
1.  A description of the means by which the system can verify that players are located 
in this State and are at least 18 years of age; 
2.  A provision to allow a person to have that person's name placed on a list that 
prohibits a person on that list from playing any lottery draw game when the tickets or 
shares were purchased over the Internet; 
3.  Suggestions for a daily purchase limit for lottery draw games; 
4.  Consideration of the role of existing lottery agents in the administration of the 
system with the goal of minimizing, to the greatest extent possible, any negative financial 
effects on lottery agents; 
5.  An estimate of the cost to implement the sale of tickets or shares for lottery draw 
games and a determination of whether implementation of a program to sell tickets or 
shares for lottery draw games would require a bidding process for contracts to facilitate 
sales of tickets or shares for lottery draw games over the Internet; 
6.  Consideration and analysis of the experience of other states that have implemented 
the sale of tickets or shares for lottery draw games over the Internet; and 
7.  Consideration and analysis of whether lottery draw games conducted over the 
Internet may affect the Tri-state Lotto Compact and what changes would be necessary to 
that compact. 
The director shall submit the proposal, including recommendations for legislation to 
implement the sale of tickets or shares for lottery draw games over the Internet, to the 
joint standing committee of the Legislature having jurisdiction over lottery matters no 
later than December 15, 2012.  The joint standing committee may report out a bill 
implementing the recommendations of the director. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows the State to engage in sales of lottery tickets over the Internet, 
beginning no sooner than September 1, 2013.  Prior to that date, the Director of Alcoholic 
Beverages and Lottery Operations is required to develop a proposal for a system that will 
allow the sale, from a publicly accessible website administered by the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations, of lottery tickets.