An Act To Authorize Tribal Gaming
Maine Legislature, Session 128, LD 1201
Committee Amendment CA_A_H697 (House)
Amends: 8 MRSA §1011, 8 MRSA §1018, 8 MRSA §1019, 8 MRSA §1020, 8 MRSA §1036

COMMITTEE AMENDMENT "A" to H.P. 838, L.D. 1201, Bill, "An Act To 
Authorize Tribal Gaming" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 8 MR.SA §1001, sub-§25-A is enacted to read: 
25-A. Joint tribal entity. "Joint tribal entity" means a legal entity formed for the 
purpose of operating slot machines and table games at a casino, the entire ownership of 
which is held equally. either jointly or in common, by the Passamaquoddy Tribe. the 
Penobscot Nation. the Aroostook Band of Micmacs and the Houlton Band of Maliseet 
Indians. 
Sec. 2. 8 MRSA §1011, sub-§2-C is enacted to read: 
2-C. Licenses for the operation of slot machines and table games by a ioint 
tribal entity. Notwithstanding subsection 2-B. the board may accept an application for a 
casino operator license from a joint tribal entity authorizing the joint tribal entity to 
operate slot machines and table games at one casino owned by the joint tribal entity. 
Sec. 3. 8 MRSA §1011, sub-§4-A is enacted to read: 
4-A. Joint tribal entity license; change in ownership. Notwithstanding section 
1001. subsection 25-A. a casino operator license issued to a joint tribal entity does not 
become invalid or ineligible for renewal if the composition of the joint tribal entity 
changes, as long as: 
A. 
The change in composition happens no sooner than 6 months after initial 
licensure; 
B. The joint tribal entity consists of no fewer than 2 federally recognized Indian 
tribes after the composition change; and 
C. The remaining tribes comprise the entire ownership and that ownership :is held 
equally. either jointly or in common. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT'A"toH.P. 838,L.D.1201 
Sec. 4. 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 a casino licensed to a 
joint tribal entity under section 1011. subsection 2-C. 
Sec. 5. 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 joint tribal entity under section 1011. section 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. A casino operator license issued to a joint tribal entity may not 
be issued for a casino located within 50 miles of an existing 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 §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, ruey: 
l! proposed casino or slot machine facility, other than a casino to be operated by a joint 
tribal entity, 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. 
A. A license may not be issued to a joint tribal entity that has applied for a casino 
operator license under section 1011. subsection 2-C unless one of the following 
conditions is met: 
(1) The land on which the casino will be located is land that on January 1. 2018 
was owned by the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook 
Band ofMicmacs or the Houlton Band ofMaliseet Indians or is land held in trust 
by the United States or by any other person or entity for the Passamaquoddy 
Tribe, the Penobscot Nation, the Aroostook Band of Micmacs or the Houlton 
Band ofMaliseet Indians; 
(2) The land on which the casino will be located is located in the unorganized 
territory; or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 838, L.D. 1201 
(3) The land on which the casino will be located is within a municipality and that 
municipality approves of the operation of the casino in that municipality. A 
municipality may provide its approval either by vote of its legislative body or in a 
referendum of the voters of the municipality. 
Sec. 7. 8 MRSA §1020, sub-§3, ,fA, 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 4,500; and 
Sec. 8. 8 MRSA §1036, sub-§2-A, as amended by PL 2017, c. 284, Pt. C, §1, 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 for essential programs and services for kindergarten to grade 
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; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 838, L.D. 1201 
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 bv the 01Eferd Gmmtv oasino onerator 
deposited to the General Fund. 
Sec. 9, 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 joint 
tribal entity. A casino operator that is a joint tribal entity licensed under section 1011. 
subsection 2-C shall collect and forward 25% of net slot machine income from slot 
machines operated by the joint tribal entity for deposit to the General Fund. 
2-E. Distribution of table game income from a casino operated by a joint tribal 
entity. 
A casino operator that is a joint tribal entity licensed under section 1011, 
subsection 2-C shall collect and forward 16% of net table game income from table games 
operated by the joint tribal entity for deposit to the General Fund.' 
SUMMARY 
This amendment makes the following changes to the bill. 
1. Rather than allowing each federally recognized Indian tribe in the State to operate 
a casino, it allows one legal entity, referred to as a joint tribal entity, the ownership of 
which is held equally, either jointly or in common, by the Passamaquoddy Tribe, the 
COMMITTEE AMENDMENT 
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CO~ITTEE AMENDMENT "A" to H.P. 838, L.D. 1201 
Penobscot Nation, the Aroostook Band of Micmacs and the Houlton Band of Maliseet 
Indians, to apply for and receive a license to operate a casino. 
2. It specifies that, as a condition of a joint tribal entity's receiving a license, a casino 
must be located: 
A. On land that on January 1, 2018 was owned by the Passamaquoddy Tribe, the 
Penobscot Nation, the Aroostook Band of Micmacs or the Houlton Band of Maliseet 
Indians or land held in trust by the United States or by any other person or entity for 
the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band ofMicmacs or 
the Houlton Band ofMaliseet Indians; 
B. On land located in the unorganized territory; or 
C. On land in a municipality and that municipality approves of the operation of the 
casino in that municipality, either by vote of its legislative body or in a referendum of 
the voters of the municipality. 
3. It exempts a casino licensed to a joint tribal entity from the provision in current 
law that prohibits a new casino or slot machine facility from being located within 100 
miles of an existing casino or slot machine facility. The amendment provides that a 
casino licensed to a joint tribal entity may not be located within 50 miles of an existing 
facility. 
4. The amendment provides that a change in the composition of a joint tribal entity 
does not invalidate a casino license issued to the entity as long as the change occurs no 
sooner than 6 months after the license is issued and the entity still consists of at least 2 
federally recognized Indian tribes in the State who own equal shares of the entity in its 
entirety. 
5. Finally, the amendment changes the provision in current law .that states that 
distributions of net slot machine revenue from the casino located in Oxford County to the 
Penobscot Nation and the Passamaquoddy Tribe revert to the operator if one or both 
operate or receive distributions from a newly licensed casino. The amendment provides 
that the distribution of that slot machine revenue would instead be deposited into the 
General Fund if either the Penobscot Nation or the Passamaquoddy Tribe operated or 
received distributions from a newly licensed casino. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/25/18 ~ac. 
LD 1201 
LR 1992(02) 
An Act To Authorize Tribal Gaming 
Fiscal Note for Bill as Amended by Committee Amendment "~ 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Current biennium cost increase - Other Special Revenue Funds 
Current biennium revenue increase - General Fund 
Current biennium revenue increase - Other Special Revenue Funds 
cH-69~ 
This bill authorizes the Gambling Control Board to accept an application for a casino license from a joint tribal entity 
comprised of the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band ofMicmacs and the Houlton Band of 
Maliseet Indians. The location of the facility cannot be located within 50 miles of an existing casino facility. The facility 
would be taxed at the rate of25% of net slot income and 16% of net table game income. The bill also requires that when 
the Passamaquoddy Tribe and the Penobscot Nation begin receiving distributions from the new joint tribal entity casino, the 
distributions they currently receive from the Oxford Casino will instead go to the General Fund. 
The bill exempts the applicant for a casino license from paying the $250,000 one-time non-refundable privilege fee and 
from the $5,000,000 minimun license fee required by MRSA Title 8, section 1018, subsection 1-A, but the applicant would 
be subject to an application fee of $225,000, a slot machine registration fee of $35,000, a table game initial privilege fee of 
$800,000 and a table game registration fee of $800. This would generate $1,060,800 in the first year for the Gambling 
Control Board. Renewal fees for the casino operator, slot machines registration, table games registration and a table games 
privilege fee will generate an estimated $123,800 annually thereafter. Annual state General Fund costs associated with 4 
positions and other related expenses are estimated to be $878,835 
Presented below is an estimate of the potential revenues that may be generated from the new facility and the subsequent 
distribution of those revenues. This fiscal note assumes a total of 350 slot machines and 8 table games, generating annual 
revenue of$5,475,373 for the State's General Fund. A reduction in revenue to Hollywood Casino and Oxford Casino is 
anticipated because of the increased competition for customers created by the new casino. That reduction's impact on the 
General Fund is not estimated at this time but would be pattially offset by this bill's provision that the current distributions 
from Oxford Casino to the Passamaquoddy Tribe and the Penobscot Nation be diverted to the General Fund once the 
Passamaquoddy Tribe and the Penobscot Nation begin receiving revenue from the new casino. Overall, the authorization of 
a third casino which distributes 25% of net slot machine income and 16% of net table game income to the General Fund 
will result in significant additional revenue to the General Fund. 
LR1992(02)- Fiscal Note - Page I of2 
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Summary of Casino Revenue 
Gross Slot Income (total value of money, tokens, credits and other value used to play a slot machine) 
Player Payback - Slot Income 
Net Slot Income 
Operator Share of Net Slot Income - 75% 
Share ofNet Slot Income for Distribution - 25% 
Net Table Game Income 
Operator Share of Net Table Game Income - 84% 
Share of Net Table Game Income for Distribution - 16% 
Total General Fund Revenue Annually 
Casino Operator Initial Application Fee 
Slot Machine Registration Fee 
$100 x 350 machines 
Table Games Initial Privilege Fee $100,000 x 8 tables 
Table Games Registration Fees 
$100 x 8 tables 
Total Other Special Revenue to Gambling Control Board - 1st year only 
Casino Operator Renewal Fee 
Slot Machine Renewal Fee 
$100 x 350 machines 
Table Games Annual Privilege Fee $1000 x 8 tables 
Table Games Renewal Fees 
$100 x 8 tables 
Total Other Special Revenue to Gambling Control Board - Annually after 1st year 
Summary of Expenditure Impacts to the State 
General Fund - Public Safety 
LR1992(02) - Fiscal Note - Page 2 of2 
1st year 
Estimate 
$225,000 
$35,000 
$800,000 
$800 
$1,060,800 
Annual 
Estimate 
$194,818,750 
$174,752,419 
$20,066,331 
$15,049.748 
$5,016,583 
$2,867,440 
$2.408,650 
$4581790 
$5,475,373 
$80,000 
$35,000 
$8,000 
$800 
$1231800 
$878,835