An Act To Amend the Laws Governing Gambling
Maine Legislature, Session 126, LD 0350
Committee: Veterans and Legal Affairs
Sponsors: TUTTLE, BEAULIEU
Amends: 8 MRSA §1001, 8 MRSA §1003, 8 MRSA §1004-A, 8 MRSA §1006, 8 MRSA §1015, 8 MRSA §1016, 8 MRSA §1017, 8 MRSA §1020

Legislative Document 
No. 350 
S.P. 130 
In Senate, February 12, 2013 
An Act To Amend the Laws Governing Gambling 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator TUTTLE of York. 
Cosponsored by Representative BEAULIEU of Auburn. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §1001, sub-§2, as amended by IB 2009, c. 2, §1, is further 
amended to read: 
2.  Associated equipment.  "Associated equipment" means any component part used, 
or intended for use, in a slot machine or table game, including, but not limited to, 
software, integrated circuit chips, printed wired assemblies, printed wired boards, printing 
mechanisms, video display monitors and metering devices. 
Sec. 2.  8 MRSA §1001, sub-§13-A is enacted to read: 
13-A.  Electronic facsimile.  "Electronic facsimile" means a game approved by the 
board that is played in an electronic or electromechanical format that replicates a table 
game by incorporating all of the characteristics of the game.  "Electronic facsimile" does 
not include a slot machine. 
Sec. 3.  8 MRSA §1001, sub-§20, as amended by IB 2009, c. 2, §7, is further 
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, 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, table game distributor or gambling services 
vendor whose duties are directly involved with repair or distribution of slot machines, 
gaming devices or table games. 
Sec. 4.  8 MRSA §1001, sub-§27, as amended by IB 2009, c. 2, §9, is further 
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, table games or gambling services. 
Sec. 5.  8 MRSA §1001, sub-§34, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, §11, is amended to read: 
34.  Payback percentage.  "Payback percentage" means the percentage, on an annual 
average basis, of the total value of money or tokens, credits or similar objects or things of 
value used to play a slot machine that is returned to players of that slot machine as 
winnings, prizes or credits. 
Sec. 6.  8 MRSA §1001, sub-§36-A, as enacted by PL 2009, c. 266, §1, is 
amended to read: 
36-A.  Promotional credit.  "Promotional credit" means any noncashable electronic 
thing of value used solely to play a slot machine that is provided by a slot machine 
operator or a casino operator to customers and approved by the Gambling Control Board.  
Promotional credits played by slot machine customers have no value attributed to their 
use for purposes of calculating gross slot machine income, net slot machine income and 
payback percentage. 
Sec. 7.  8 MRSA §1001, sub-§45, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, §11, is repealed. 
Sec. 8.  8 MRSA §1003, sub-§2, ¶H, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, §11, 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 or table 
games and all violations of this chapter or rules adopted under this chapter; 
Sec. 9.  8 MRSA §1003, sub-§2, ¶L, 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 casino operator does not have access to 
any system that is capable of programming slot machines; 
Sec. 10.  8 MRSA §1003, sub-§3, ¶I, as amended by IB 2009, c. 2, §25, is further 
amended to read: 
I.    Establishment of a list of persons who are to be excluded or removed from any 
slot machine facility or casino, 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 
slot machine facility or casino would, in the opinion of the board, be inimical to the 
interest of the State;: 
(1)  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 slot machine facility or casino would, in the 
opinion of the board, be inimical to the interest of the State; and 
(2)  Provide that, in addition to any other penalty provided by law, any money or 
thing of value that has been obtained by, or is owed to, an excluded person by a 
licensee as a result of wagers made by the person after the person has been 
excluded may not be paid to the person but must be remitted by the licensee to 
the board or its designee for deposit in the General Fund for gambling addiction 
services; 
Sec. 11.  8 MRSA §1004-A, sub-§2, ¶B, as enacted by IB 2009, c. 2, §26, is 
amended to read: 
B.  The casino must contain a count room and such other secure facilities as  may  be 
required by the board for the counting and storage of cash, coins, tokens, checks, 
plaques, gaming vouchers, coupons and other devices or items of value used in 
wagering and approved by the board that are received in the conduct of gaming and 
for the inspection, counting and storage of dice, cards, chips and other representatives 
of value.  A drop box or other device in which these items are deposited at the 
gaming tables, and any area in which these boxes and devices are kept while in use, 
must be equipped with a locking device to which there are 2 keys, one of which must 
be under the exclusive control of the board and the other of which must be under the 
exclusive control of the casino operator approved by the board.  These drop boxes 
and other devices may not be brought into or removed from a casino room except at 
such times, in such places and according to such procedures as the board may require. 
Sec. 12.  8 MRSA §1006, sub-§8 is enacted to read: 
8.  Voluntary exclusion.  Records and information obtained or developed by the 
board as part of establishing and administering the list of persons who voluntarily request 
exclusion from any slot machine facility or casino are confidential, except that such 
information may be released with the written consent of the person requesting voluntary 
exclusion and as is necessary to enforce the voluntary exclusion. 
Sec. 13.  8 MRSA §1015, sub-§1, as amended by IB 2009, c. 2, §32, is further 
amended to read: 
1.  License required.  A person may not be employed by a slot machine operator, 
casino operator, slot machine distributor, table game distributor or gambling services 
vendor unless the person is licensed to do so by the board, temporarily authorized as an 
employee pursuant to subsection 4 or granted a waiver by the board pursuant to 
subsection 3. 
Sec. 14.  8 MRSA §1015, sub-§§4 and 5 are enacted to read: 
4.  Employees authorized temporarily.  A new employee of a slot machine 
operator, casino operator, slot machine distributor, table game distributor or gambling 
services vendor is temporarily authorized to work in a position requiring an employee 
license pursuant to subsection 1 as of the date a completed employee license application 
is received by the board.  A completed employee license application is composed of: 
A.  The completed form for application for an employee license approved by the 
board; 
B.  Two complete sets of the fingerprints of the applicant; 
C.  The fee for processing the employee license application as prescribed by the 
board; and 
D.  The results of the background investigation conducted by the employer. 
 If the department determines after receiving an employee license application under this 
subsection that the application is incomplete, it may suspend the new employee's 
temporary authorization until such time as the new employee files a completed 
application. 
Temporary authorization is not available for renewal of employee licenses. 
5.  Termination of temporary authorization.  Unless suspended or revoked, a 
temporary authorization under subsection 4 continues until the granting or denial of the 
new employee's employee license application in accordance with sections 1016, 1017 and 
1019 and any applicable rules adopted by the board. An applicant whose temporary 
authorization is suspended or revoked is not eligible for employment in a position 
requiring an employee license pursuant to subsection 1 until such time as the suspension 
or revocation is withdrawn or an employee license is issued. 
Sec. 15.  8 MRSA §1016, sub-§1, ¶D, as amended by IB 2009, c. 2, §33, is 
further amended to read: 
D.  In the case of a person applying to be a slot machine operator or casino operator, 
the person has sufficient knowledge and experience in the business of operating slot 
machines or casinos to effectively operate the slot machine facilities or casino to 
which the license application relates in accordance with this chapter and the rules and 
standards adopted under this chapter; and 
Sec. 16.  8 MRSA §1016, sub-§1, ¶E, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, §11, is repealed. 
Sec. 17.  8 MRSA §1016, sub-§1, ¶F, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, §11, is amended to read: 
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. 
Sec. 18.  8 MRSA §1016, sub-§1, ¶G, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, §11, is repealed. 
Sec. 19.  8 MRSA §1016, sub-§1-A is enacted to read: 
1-A.  Further qualifications.  In addition to the qualifications set forth in subsection 
1, and notwithstanding Title 5, chapter 341, the board may refuse to grant a license if the 
person has 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 subsection, "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. In making a determination under this subsection, the 
board shall consider whether the person has established sufficient rehabilitation to 
warrant the public trust. 
Sec. 20.  8 MRSA §1016, sub-§2, as amended by PL 2009, c. 487, Pt. B, §3, is 
further amended to read: 
2.  Suitability.  In addition to the minimum qualifications set forth in subsection 1 
and subsection 1-A, a person may not receive a license unless the board determines that 
the person is suitable and that the public interest is served by granting or renewing the 
person's license.  In making a determination of suitability, the board shall consider 
whether the person: 
A.  Is of good moral character.  In determining whether a person is of good moral 
character, the board shall consider qualities that include but are not limited to 
honesty, candor, trustworthiness, diligence, reliability, observance of fiduciary and 
financial responsibility and respect for the rights of others; 
B.  Has not in any jurisdiction been convicted of or pled guilty or nolo contendere to 
a crime punishable by one year or more of imprisonment; 
C.  Has not been adjudicated of committing a civil violation or been convicted of a 
criminal violation involving dishonesty, deception, misappropriation or fraud; 
D.  Has not engaged in conduct in this State or any other jurisdiction that would 
constitute a violation of this chapter, chapter 11 involving gambling, Title 17, chapter 
13-A or 62 or Title 17-A, chapter 39 or substantially similar offenses in other 
jurisdictions; 
E.  Is not a fugitive from justice, a drug abuser, a drug addict, a drug-dependent 
person, an illegal alien or a person who was dishonorably discharged from the Armed 
Forces of the United States; 
F.  Is current in filing all applicable tax returns and in the payment of all taxes, 
penalties and interest owed to this State, any other state or the Internal Revenue 
Service, excluding items under formal appeal; and 
G.  Has demonstrated financial responsibility.  For the purposes of this paragraph, 
"financial responsibility" means a demonstration of a current and expected future 
condition of financial solvency sufficient to satisfy the board that the person can 
successfully engage in business without jeopardy to the public health, safety and 
welfare.  "Financial responsibility" may be determined by an evaluation of the total 
history concerning the person, including past, present and expected condition and 
record of financial solvency, business record and accounting and managerial 
practices. 
Title 5, chapter 341 does not apply to this section. 
Sec. 21.  8 MRSA §1016, sub-§3, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, §11, is amended to read: 
3.  Applicant other than individual.  If the person required to meet the minimum 
qualifications and suitability requirements specified in subsections 1, 1-A and 2 is a 
business organization, the key executives, directors, officers, partners, shareholders, 
creditors, owners and associates of the person must meet the suitability requirements 
specified in subsection 2. 
Sec. 22.  8 MRSA §1017, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 687, Pt. 
A, §5 and affected by Pt. B, §11, are amended to read: 
C.  A record of previous issuances and denials of or any adverse action taken against 
a gambling-related license or application under this chapter or in 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; 
D.  All information the board determines is necessary or appropriate to determine 
whether the applicant satisfies the minimum qualifications specified in section 1016, 
subsection subsections 1 and 1-A; and 
Sec. 23.  8 MRSA §1020, sub-§2, ¶D, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, §11, is repealed. 
Sec. 24.  8 MRSA §1020, sub-§2, ¶G, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, §11, is amended to read: 
G.  Must have a minimum average daily aggregate payback percentage of 89% 
computed for all slot machines operated at each slot machine facility or casino on a 
weekly basis; and 
SUMMARY 
This bill makes the following changes to the gambling laws.   
1.  It changes definitions and other provisions of law in order to reflect the addition of 
casinos.    
2.  It amends the laws governing the establishment of a list of persons who are to be 
excluded from a slot machine facility or casino to require the forfeiture of money from 
the winnings of voluntarily excluded persons and the deposit of this money in the General 
Fund for gambling addiction services, and to require the protection of the information as 
confidential of those who voluntarily place themselves on the exclusion list. 
3.  It changes the way certain keys are handled within casinos. 
4.  It allows for temporary authorization to allow employees to work in positions for 
which a license is required during the licensing process. 
5.  It changes the laws governing when the Gambling Control Board within the 
Department of Public Safety may refuse to grant a license to a person based on a previous 
adverse action taken against that person. 
6.  It removes the requirement that all key executives be citizens or permanent 
residents of the United States. 
7.  It removes the requirement that slot machines have nonresettable meters.