An Act To Authorize Tribal Gaming
Maine Legislature, Session 129, LD 1144
Committee: Veterans and Legal Affairs
Sponsors: COLLINGS, CARPENTER, COREY, DOORE, HICKMAN, NEWELL, PERRY, RYKERSON, TALBOT ROSS, MOORE
Amends: 8 MRSA §1001, 8 MRSA §1011, 8 MRSA §1018, 8 MRSA §1019, 8 MRSA §1020, 8 MRSA §1036

Legislative Document
No. 1144
H.P. 833
House of Representatives, March 7, 2019
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 CARPENTER of Aroostook and
Representatives: COREY of Windham, DOORE of Augusta, HICKMAN of Winthrop, 
NEWELL of the Passamaquoddy Tribe, PERRY of Calais, RYKERSON of Kittery, TALBOT 
ROSS of Portland, Senator: MOORE of Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §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 joint 
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.
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, 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.  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, any 
a 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, 2019 
was owned by the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook 
Band of Micmacs or the Houlton Band of Maliseet 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 of Maliseet Indians;
(2)  The land on which the casino will be located is located in the unorganized 
territory; or
(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, ¶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 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;
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 
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 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 12 under Title 20-A, chapter 606-B.
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 bill authorizes the Department of Public Safety, Gambling Control Board to 
accept an application for a casino operator license from a joint tribal entity authorizing 
the joint tribal entity to operate table games and slot machines at one casino owned by the 
joint tribal entity.  It increases by 1,500 the number of slot machines that may be 
registered in the State.  "Joint tribal entity" is defined as a legal entity formed for the 
purpose of operating slot machines and table games at one 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.  
The bill provides the following in regard to the casino.
1.  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, 2019 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 of Micmacs or 
the Houlton Band of Maliseet 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.
2.  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.  It provides that a casino licensed to a 
joint tribal entity may not be located within 50 miles of an existing facility.
3.  It 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 
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.
4.  It 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 tribes operate or receive 
distributions from a newly licensed casino.  It 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.
5.  It establishes a distribution rate of 25% of net slot machine income and 16% of net 
table game income for a casino operator that is a joint tribal entity.  The slot machine 
income is used to fund education for kindergarten to grade 12 and the table game income 
is deposited to the General Fund.