An Act To Recognize and Provide for the Right of the Houlton Band of Maliseet Indians To Operate a Casino on Houlton Band Trust Land Exempt from Certain Gaming Laws
Maine Legislature, Session 128, LD 1447
Committee: Veterans and Legal Affairs
Sponsors: BEAR
Amends: 8 MRSA §1011, 8 MRSA §1019, 8 MRSA §1020, 8 MRSA §1036

Legislative Document
No. 1447
H.P. 999
House of Representatives, April 13, 2017
An Act To Recognize and Provide for the Right of the Houlton Band 
of Maliseet Indians To Operate a Casino on Houlton Band Trust 
Land Exempt from Certain Gaming Laws
(EMERGENCY)
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BEAR of the Houlton Band of Maliseet Indians.
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 Supreme Court of the United States decided in California v. Cabazon 
Band of Mission Indians, 480 U.S. 202 (1987), that when a state allows regulated 
off-reservation gaming, it may not prohibit gaming on tribal lands; and 
Whereas, an additional license for a gaming facility in Aroostook County or 
Washington County located close to the border entry with Canada is recommended in the 
final report of Whitesand Gaming, Market Feasibility Study of Expanded Gaming in 
Maine (August 2014); and 
Whereas, the additional revenue provided by this legislation is needed as soon as 
possible in order to be used by the Houlton Band of Maliseet Indians for social and 
economic programs that support the self-sufficiency and self-determination of the 
Houlton Band of Maliseet Indians; 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 §1011, sub-§2-C is enacted to read: 
2-C.  Houlton Band of Maliseet Indians eligible for casino operator license.  
Notwithstanding subsection 2-B, the board may accept an application for a casino 
operator license from the Houlton Band of Maliseet Indians to operate 350 slot machines 
and 10 table games at a casino on Houlton Band Trust Land as defined in Title 30, section 
6203, subsection 2-A located on the North Road property of the Houlton Band of 
Maliseet Indians in the Town of Houlton in Aroostook County.  Notwithstanding any 
other provision of law, the Houlton Band of Maliseet Indians may not be charged a fee 
for a casino operator license or a fee to operate slot machines and table games. 
Sec. 2.  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 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.  
Notwithstanding this subsection, a casino operator license may not be issued under 
section 1011, subsection 2-C to operate a casino located within 70 miles of a licensed 
casino or slot machine facility. 
Sec. 3.  8 MRSA §1019, sub-§7, as amended by PL 2011, c. 417, §6, is further 
amended to read: 
7.  Statewide and county referenda; 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.  
Notwithstanding this subsection, a casino proposed by the Houlton Band of Maliseet 
Indians is exempt from approval by a statewide referendum vote and a vote of the 
municipal officers of the municipality or the municipality in which the casino is located if 
the casino is located on Houlton Band Trust Land previously designated to be used by the 
Houlton Band of Maliseet Indians for gaming purposes by the Federal Government. 
Sec. 4.  8 MRSA §1020, sub-§3, ¶A, as amended by PL 2011, c. 585, §8, is 
further amended to read: 
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 3,350; and 
Sec. 5.  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, except 
a casino operator licensed under section 1011, subsection 2-C, 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, a casino 
operated by the Houlton Band of Maliseet Indians 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. 6.  8 MRSA §1036, sub-§§2-D and 2-E are enacted to read: 
2-D.  Distribution of slot machine income from casino operated by Houlton Band 
of Maliseet Indians.  A casino operator licensed in accordance with section 1011, 
subsection 2-C shall collect and distribute 25% 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.  Three 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; 
B.  Two 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; 
C.  Ten percent of the net slot machine income must be forwarded by the board to the 
Treasurer of State, who shall distribute the funds equally and directly to each of the 
tribal governments of the Penobscot Nation, the Passamaquoddy Tribe and the 
Aroostook Band of Micmac Indians; 
D.  Five 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; 
E.  Three percent of the net slot machine income must be forwarded directly to the 
Town of Houlton; and 
F.  Two 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. 
Net slot machine income retained by the Houlton Band of Maliseet Indians must be used 
by the tribal government for social and economic programs that support the 
self-sufficiency and self-determination of the Houlton Band of Maliseet Indians. 
2-E.  Distribution of table game income from casino operated by Houlton Band 
of Maliseet Indians.  A casino operator licensed in accordance with section 1011, 
subsection 2-C shall collect and distribute 15% 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.  Two 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; 
B.  Two percent of the net table game income must be divided equally and forwarded 
directly to all off-track betting gaming operations, all charitable organization gaming 
operations and all veterans' organization gaming operations that are lawfully 
registered and operating in this State no later than 90 days after the effective date of 
this paragraph; 
C.  Four percent of the net table game income must be forwarded directly to the 
Town of Houlton to offset any costs that may be considered to have resulted from any 
Maliseet tribal gaming operations in Aroostook County; and 
D.  Seven percent of the net table game income must be forwarded by the board to 
the Treasurer of State, who shall distribute the funds equally and directly to each of 
the tribal governments of the Penobscot Nation, the Passamaquoddy Tribe and the 
Aroostook Band of Micmacs. 
Net table game income retained by the Houlton Band of Maliseet Indians must be used by 
the tribal government for social and economic programs that support the self-sufficiency 
and self-determination of the Houlton Band of Maliseet Indians. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill authorizes the Department of Public Safety, Gambling Control Board to 
accept an application for a casino operator license from the Houlton Band of Maliseet 
Indians to operate 350 slot machines and 10 table games at a casino on Houlton Band 
Trust Land located on the North Road property of the Houlton Band of Maliseet Indians 
in the Town of Houlton.  A casino operated by the Houlton Band of Maliseet Indians is 
not subject to a referendum.  The bill raises the limit on the number of slot machines 
allowed in the State from 3,000 to 3,350 to accommodate the casino operated by the 
Houlton Band of Maliseet Indians.  A casino operated by the Houlton Band of Maliseet 
Indians would be subject to the oversight of the Gambling Control Board.