An Act To Authorize Tribal Gaming
Maine Legislature, Session 128, LD 1201
Committee: Veterans and Legal Affairs
Sponsors: COLLINGS, JACKSON, BERRY, RYKERSON, SYLVESTER, TALBOT ROSS
Amends: 8 MRSA §1011, 8 MRSA §1018, 8 MRSA §1019, 8 MRSA §1020, 8 MRSA §1036

Legislative Document
No. 1201
H.P. 838
House of Representatives, March 28, 2017
An Act To Authorize Tribal Gaming
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Senator JACKSON of Aroostook and
Representatives: BERRY of Bowdoinham, RYKERSON of Kittery, SYLVESTER of Portland, 
TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §1011, sub-§2-C is enacted to read: 
2-C.  Licenses for the operation of slot machines and table games by federally 
recognized Indian tribes.  Notwithstanding subsection 2-B, the board may accept 
applications for a casino operator license from a federally recognized Indian tribe in the 
State authorizing the tribe to operate slot machines and table games at one or more casino 
facilities on land owned by the tribe. 
Sec. 2.  8 MRSA §1011, sub-§6 is enacted to read: 
6.  Moratorium.  Beginning October 1, 2017, the board may not accept any 
application for an initial license to operate a slot machine facility or casino or any other 
gambling facility or approve the operation of additional slot machines or table games at a 
casino licensed prior to October 1, 2017 unless each federally recognized Indian tribe in 
the State has been issued a license under subsection 2-C. 
Sec. 3.  8 MRSA §1018, sub-§1-A, as enacted by PL 2011, c. 699, §2, is amended 
to read: 
1-A.  Fees for slot machine and casino operator licenses on or after September 1, 
2012.  Notwithstanding subsection 1, paragraphs C and C-1, beginning September 1, 
2012, an applicant for a slot machine operator license or a casino operator license must 
pay a $250,000 nonrefundable privilege fee to be submitted with the application for the 
license and a minimum license fee, or cash bid if the license is part of a competitive 
bidding process established by law, of $5,000,000.  This subsection does not apply to a 
casino licensed for operation in the State as of September 1, 2012 or casinos licensed to a 
federally recognized Indian tribe under section 1011, subsection 2-C. 
Sec. 4.  8 MRSA §1019, sub-§6, as amended by PL 2011, c. 417, §5, is further 
amended to read: 
6.  Proximity of licensed casinos and slot machine facilities.  A Except for a casino 
operator license issued to a federally recognized Indian tribe licensed under section 1011, 
subsection 2-C, 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. 5.  8 MRSA §1019, sub-§7, as amended by PL 2011, c. 417, §6, is further 
amended to read: 
7.  Statewide and county referendum; 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 1, 2011 is only required, 
as a condition to obtain a casino license, to receive approval to operate a casino by means 
of a referendum of the voters of the county in which the commercial track is located.  
This subsection does not apply to a casino facility operated by a federally recognized 
Indian tribe under section 1011, subsection 2-C. 
Sec. 6.  8 MRSA §1020, sub-§3, as amended by PL 2011, c. 585, §8, is further 
amended to read: 
3.  Limits on total slot machines.  The board shall determine the number of slot 
machines to be registered in the State.  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.  Except for slot machines used for training and educational purposes at 
postsecondary institutions as provided by section 1011, subsection 1-B, the total 
number of slot machines registered in the State may not exceed 3,000 excluding slot 
machines operated by a federally recognized Indian tribe in the State licensed 
pursuant to section 1011, subsection 2-C; and 
B.  A Except for a federally recognized Indian tribe licensed under section 1011, 
subsection 2-C, a slot machine operator may not operate more than 1,500 slot 
machines at any one commercial track and a casino operator may not operate more 
than 1,500 slot machines at a casino.  A federally recognized Indian tribe may not 
operate more than an aggregate total of 1,500 slot machines at casinos operated on 
land owned by the tribe and licensed in accordance with section 1011, subsection 
2-C. 
Sec. 7.  8 MRSA §1036, sub-§2-A, as amended by PL 2013, c. 118, §2, is further 
amended to read: 
2-A.  Distribution from casino of slot machine income.  A casino operator licensed 
under section 1011, subsection 2-A shall collect and distribute 46% of the net slot 
machine income from slot machines operated by the casino operator to the board for 
distribution by the board as follows: 
A.  Twenty-five percent of the net slot machine 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.  Four 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 and to the Board of Trustees of the Maine Maritime Academy to be applied by 
the board of trustees to fund its scholarship program.  The slot machine income under 
this paragraph must be distributed as follows: 
(1)  The University of Maine System share is the total amount of the distribution 
multiplied by the ratio of enrolled students in the system to the total number of 
enrolled students both in the system and at the Maine Maritime Academy; and 
(2)  The Maine Maritime Academy share is the total amount of the distribution 
multiplied by the ratio of enrolled students at the academy to the total number of 
enrolled students both in the system and at the academy; 
C.  Three 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 of trustees to fund its scholarships program under Title 20-A, section 12716, 
subsection 1; 
D.  Four percent of the net slot machine income must be forwarded by the board to 
the Treasurer of State, who shall distribute the funds to the tribal governments of the 
Penobscot Nation and the Passamaquoddy Tribe; 
E.  Three percent of the net slot machine 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; 
F.  Two percent of the net slot machine income must be forwarded directly to the 
municipality in which the casino is located; 
G.  One 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; 
H.  One 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; 
I.  One percent of the net slot machine income must be credited by the board to the 
Sire Stakes Fund created in section 281; 
J.  One percent of the net slot machine income must be forwarded directly to the 
county in which the casino is located to pay for mitigation of costs resulting from 
gaming operations;  
L.  Beginning July 1, 2013, 1/2 of 1% of the net slot machine income must be 
forwarded by the board to the Treasurer of State, who shall credit the money to the 
Maine Milk Pool, Other Special Revenue Funds account within the Department of 
Agriculture, Conservation and Forestry to help fund dairy farm stabilization pursuant 
to Title 7, sections 3153-B and 3153-D; and 
M.  Beginning July 1, 2013, 1/2 of 1% of the net slot machine income must be 
forwarded by the board to the Treasurer of State, who shall credit the money to the 
Dairy Improvement Fund established under Title 10, section 1023-P. 
If a recipient of net slot machine income in paragraph D, H or I owns or receives funds 
from a slot machine facility or casino, other than the casino in Oxford County or the slot 
machine facility in Bangor, then the recipient may not receive funds under this 
subsection, and those funds must be retained by the Oxford County casino operator. 
Sec. 8.  8 MRSA §1036, sub-§§2-D and 2-E are enacted to read: 
2-D.  Distribution of slot machine income from a casino operated by a federally 
recognized Indian tribe.  A casino operator that is a federally recognized Indian tribe 
licensed under section 1011, subsection 2-C shall collect and distribute 25% of net slot 
machine income from slot machines operated by the federally recognized Indian tribe for 
deposit to the General Fund. 
2-E.  Distribution of table game income from a casino operated by a federally 
recognized Indian tribe.  A casino operator that is a federally recognized Indian tribe 
licensed under section 1011, subsection 2-C shall collect and distribute 16% of net table 
game income from table games operated by the federally recognized Indian tribe for 
deposit to the General Fund. 
SUMMARY 
This bill authorizes the Department of Public Safety, Gambling Control Board to 
accept applications for a casino operator license from federally recognized Indian tribes 
in the State.  A license issued to a federally recognized Indian tribe would authorize 
operation of table games and up to an aggregate total of 1,500 slot machines at multiple 
facilities on land owned by the tribe.  The bill provides that casinos operated by federally 
recognized Indian tribes are exempt from the requirement that a newly licensed casino 
may not be within 100 miles of an existing casino or slot machine facility.  It also 
provides that the Gambling Control Board may not license a new casino, slot machine 
facility or other gambling facility or authorize expansion of existing casinos until all 
federally recognized Indian tribes have been licensed to operate a casino.  The bill 
establishes a distribution rate of 25% of net slot machine income and 16% of net table 
game income for casinos operated by federally recognized Indian tribes.  The slot 
machine income and table game income is deposited to the General Fund.