An Act To Allow Sports Wagering in Maine
Maine Legislature, Session 129, LD 1515
Committee: Veterans and Legal Affairs
Sponsors: WHITE, FARRIN, COLLINGS, GRIGNON, O'CONNOR, ORDWAY, STROM, JACKSON, LUCHINI
Amends: 8 MRSA §1001, 8 MRSA §1003, 8 MRSA §1005, 8 MRSA §1006, 8 MRSA §1015, 8 MRSA §1016, 8 MRSA §1041, 8 MRSA §1042, 8 MRSA §1054, 8 MRSA §1066

Legislative Document
No. 1515
H.P. 1108
House of Representatives, April 9, 2019
An Act To Allow Sports Wagering in Maine
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WHITE of Washburn.
Cosponsored by Senator FARRIN of Somerset and
Representatives: COLLINGS of Portland, GRIGNON of Athens, O'CONNOR of Berwick, 
ORDWAY of Standish, STROM of Pittsfield, Senators: President JACKSON of Aroostook, 
LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §1001, sub-§15, as amended by IB 2009, c. 2, §4, is further 
amended to read:
15.  Gambling activity.  "Gambling activity" means off-track betting, pari-mutuel 
wagering at a race track, sports pool wagering, high-stakes beano, beano, games of 
chance or slot machine or table game operation.
Sec. 2.  8 MRSA §1001, sub-§17, as amended by IB 2009, c. 2, §6, is further 
amended to read:
17.  Gambling services.  "Gambling services" means any goods or services provided 
to an operator licensed under this chapter or at a gambling facility that are used directly in 
connection with the operation of a slot machine or, table game or sports pool, including, 
but not limited to, maintenance, security services or junket services, and excluding slot 
machine or table game distribution by a slot machine distributor or table game distributor.
Sec. 3.  8 MRSA §1001, sub-§29-D is enacted to read:
29-D.  Net sports pool income.  "Net sports pool income" means the amount of 
wagers placed through the sports pool after payment of money from winning wagers to 
winning bettors.
Sec. 4.  8 MRSA §1001, sub-§35-A is enacted to read:
35-A.  Prohibited sports event.  "Prohibited sports event" means a high school sport 
or athletic event or another sport or athletic event in which a majority of the participants 
have not attained 18 years of age.
Sec. 5.  8 MRSA §1001, sub-§§42-A to 42-D are enacted to read:
42-A.  Sports event.  "Sports event" means a professional or amateur sport or athletic 
event, or any portion thereof, including but not limited to the individual performance 
statistics of athletes in an event or a combination of events.
42-B.  Sports pool.  "Sports pool" means a device or system established for the 
acceptance of wagers on a sports event by any system or method of wagering, except that 
"sports pool" does not include any method for the acceptance of wagers in which wagers 
on sports events are made via electronic device from a location other than a sports 
wagering lounge and transmitted to a sports wagering lounge by any means that involves 
the use, at least in part, of the Internet.  "Sports pool" also does not include pari-mutuel 
betting authorized under chapter 11, advance deposit wagering or a fantasy contest as 
defined in section 1101, subsection 4.
42-C.  Sports pool operator.  "Sports pool operator" means a person that is licensed 
under section 1081 to operate a sports pool.
42-D.  Sports wagering lounge.   "Sports wagering lounge" means the physical 
location where a person may place a wager with a sports pool.
Sec. 6.  8 MRSA §1003, sub-§1, ¶K, as amended by PL 2015, c. 499, §4, is 
further amended to read:
K.  Ensure that public safety inspectors employed by the board assigned to enforce 
the provisions of this chapter at the site of a casino may, in the absence of a sworn 
law enforcement officer, detain any person who is suspected of violating any 
provision of this chapter.  Such detention must comply with federal and state laws 
including the provisions of Title 17-A, section 107; and
Sec. 7.  8 MRSA §1003, sub-§1, ¶L, as enacted by PL 2015, c. 499, §5, is 
amended to read:
L.  Regulate, supervise and exercise general control over the operation of advance 
deposit wagering in the State.; and
Sec. 8.  8 MRSA §1003, sub-§1, ¶M is enacted to read:
M.  Regulate, supervise and exercise general control over the operation of sports 
pools in the State.
Sec. 9.  8 MRSA §1003, sub-§2, ¶H, as amended by PL 2013, c. 212, §8, is 
further 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 or sports pools and all violations of this chapter or rules adopted under this 
chapter;
Sec. 10.  8 MRSA §1003, sub-§2, ¶P, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, §11, is amended to read:
P.  Collect all funds and taxes due to the State under sections 1018 and, 1036, 1081 
and 1084;
Sec. 11.  8 MRSA §1003, sub-§2, ¶Q, as amended by IB 2009, c. 2, §20, is 
further amended to read:
Q.   Certify monthly to the department a full and complete statement of all slot 
machine and, table game and sports pool revenue, credits disbursed by licensees, 
administrative expenses and the allocation of slot machine and, table game and sports 
pool income for the preceding month;
Sec. 12.  8 MRSA §1003, sub-§2, ¶R, as amended by IB 2009, c. 2, §21, is 
further amended to read:
R.  Submit by March 15th an annual report to the Governor and the joint standing 
committee of the Legislature having jurisdiction over gambling affairs on slot 
machine and, table game and sports pool revenue, credits disbursed by slot machine 
operators and, table game operators and sports pool operators, administrative 
expenses and the allocation of slot machine and, table game and sports pool income 
for the preceding year;
Sec. 13.  8 MRSA §1005, sub-§1, ¶¶A and B, as amended by IB 2009, c. 2, §27, 
are further amended to read:
A.  Without notice, and at any time during regular hours of operation, enter the 
offices, facilities or other places of business of slot machine operators, casino 
operators, sports pool operators, slot machine distributors, table game distributors and 
gambling services vendors to conduct administrative inspections to determine 
compliance with this chapter and rules adopted under this chapter; and
B.  Request the director to disable any slot machine or, table game or sports pool if 
the department has a reasonable and articulable suspicion that the slot machine or, 
table game or sports pool is being operated in violation of this chapter or of any rule 
adopted under this chapter.
Sec. 14.  8 MRSA §1006, sub-§8, as enacted by PL 2013, c. 212, §12, is amended 
to read:
8.  Voluntary exclusion.  Notwithstanding Title 1, section 401, 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 under section 1003, subsection 3, paragraph I or who voluntarily request exclusion 
from any sports wagering lounge under section 1083, subsection 8 are confidential except 
that information may be released with the written consent of the person requesting 
voluntary exclusion and as is necessary to inform the slot machine facility or, casino 
licensee or sports pool operator and enforce the voluntary exclusion.  Statistical data and 
general information that do not allow for a person on the voluntary exclusion list to be 
personally identified are not confidential.
Sec. 15.  8 MRSA §1015, as amended by PL 2013, c. 212, §§13 and 14, is further 
amended to read:
§1015.  Licensing of employees of slot machine, casino and sports pool operators, 
slot machine and table game distributors and gambling services vendors
1.  License required.  A person may not be employed by a slot machine operator, 
casino operator, sports pool 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.
2.  Requirements for license.  The board may issue an employee license to an 
employee of a slot machine operator, casino operator, sports pool operator, slot machine 
distributor, table game distributor or gambling services vendor if the applicant meets the 
qualifications set out in sections 1016 and 1019.
3.  Requirements for waiver.  Upon application by a slot machine operator, casino 
operator, sports pool operator, slot machine distributor, table game distributor or 
gambling services vendor, the board may waive the employee license requirement under 
this section if the slot machine operator, casino operator, sports pool operator, slot 
machine distributor, table game distributor or gambling services vendor demonstrates to 
the board's satisfaction that the public interest is not served by the requirement of the 
employee license.
4.  Employees authorized temporarily.  A new employee of a slot machine 
operator, casino operator, sports pool 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. 16.  8 MRSA §1016, sub-§1, as amended by PL 2013, c. 212, §§15 to 18, is 
further amended to read:
1.  Minimum qualifications.  Notwithstanding Title 5, chapter 341, and in addition 
to any requirements imposed by rules adopted by the board, a person must satisfy the 
following qualifications to be a slot machine operator, a casino operator, a sports pool 
operator, a slot machine distributor, a table game distributor, a gambling services vendor 
or an employee of these entities:
A.  The person has completed the application form, promptly and truthfully complied 
with all information requests of the board and complied with any applicable rules 
adopted by the board;
B.  The person has sufficient financial assets and responsibility to meet any financial 
obligations imposed by this chapter and, if applying for a slot machine operator 
license, casino operator license, sports pool operator license, slot machine operator 
license renewal or, casino operator license renewal or sports pool operator license 
renewal, has sufficient financial assets and responsibility to continue operation of a 
commercial track or, casino or off-track betting facility as required by this chapter;
C.  The person has not knowingly or recklessly made a false statement of material 
fact in applying for a license under this chapter or any gambling-related license in 
any other jurisdiction;
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
D-1.  In the case of a person applying to be a sports pool operator, the person has 
sufficient knowledge and experience in the business of operating sports pools to 
effectively operate the sports pool in accordance with this chapter and the rules and 
standards adopted under this chapter; and
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.
Except as provided by section 1013, subsection 3 and, section 1013-A, subsection 3 and 
section 1081, subsection 2, a person may not hold more than one class of license under 
this chapter unless the 2nd license is an employee license under section 1015.
Sec. 17.  8 MRSA §1041, sub-§2, as amended by IB 2009, c. 2, §48, is further 
amended to read:
2.  Location.  A slot machine operator or, casino operator or sports pool operator 
shall maintain all records required by this chapter or by rules adopted under this chapter 
at the operator's primary business office within this State or on the premises where the 
slot machine or table game is operated or where the sports wagering lounge is located.  A 
slot machine distributor or table game distributor shall maintain these records at the 
distributor's primary business office within this State.  The primary business office must 
be designated by the license holder in the license application.  All records must be open 
to inspection and audit by the board or its designee and a license holder may not refuse 
the board or its designee the right to inspect or audit the records.  Refusal to permit 
inspection or audit of the records constitutes grounds for revocation or suspension of the 
license or registration.
Sec. 18.  8 MRSA §1042, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by 
Pt. B, §11, is amended to read:
§1042.  Access to premises, equipment and records
1.  Inspection.  A person holding a license or registration under this chapter shall 
permit the board, the department or a designee of the board or the department unrestricted 
access, during regular business hours, including access to locked or secured areas, to 
inspect any gambling facility and any equipment, prizes, records or items and materials 
used or to be used in the operation of any slot machine or sports pool or associated 
equipment owned, distributed or operated by that person.  A person holding a license or 
registration under this chapter shall consent in writing to the examination of all the 
licensee's books and records related to operations licensed under this chapter and shall 
authorize all 3rd parties in possession or in control of those books and records to allow 
the board or the board's designee to examine such books and records as the board 
determines necessary.
2.  Monitoring.  The board or the department shall monitor the use, operation, 
distribution and servicing of slot machines and equipment or devices used to operate a 
sports pool through on-site observation and other means at any time during the operation 
of any license for the purpose of certifying the revenue thereof, receiving complaints 
from the public relating to the conduct of licensees, examining records of revenues and 
procedures, enforcing the provisions of this chapter and the rules adopted pursuant to this 
chapter and conducting periodic reviews of licenses for the purpose of evaluating current 
or suggested provisions of this chapter and the rules adopted pursuant to this chapter.
Sec. 19.  8 MRSA §1054, sub-§§8 and 9, as enacted by PL 2003, c. 687, Pt. A, 
§5 and affected by Pt. B, §11, are amended to read:
8.  Failure to deposit funds.  Violates section 1036, subsection 2; or
9.  Failure to grant access to premises, equipment and records.  Violates section 
1042.;
Sec. 20.  8 MRSA §1054, sub-§§10 and 11 are enacted to read:
10.  Operation of sports pool without a license.  Violates section 1081, subsection 
1; or
11.  Underage sports pool wagering.  Violates section 1082, subsection 1.
Sec. 21.  8 MRSA §1066, as enacted by PL 2013, c. 255, §2, is amended to read:
§1066.  Interception of slot machine, table game and sports pool winnings to pay 
child support debt
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Child support debt" means child support debt that has been liquidated by judicial 
or administrative action.
B.  "Department" means the Department of Health and Human Services.
C.  "Registry operator" means the department or an entity with whom the department 
enters into a contract to maintain the registry pursuant to subsection 3.
D.  "Winner" means a slot machine customer or, a table game customer or a sports 
pool customer to whom cash is returned as winnings.
2.  Interception.  A licensee shall intercept slot machine and, table game and sports 
pool winnings to pay child support debt in accordance with this section.
3.  Registry.  The department shall create and maintain, or shall contract with a 
private entity to create and maintain, a secure, electronically accessible registry 
containing information regarding individuals with outstanding child support debt.  The 
department shall regularly enter into the registry information including:
A.  The name and social security number of each individual with outstanding child 
support debt;
B.  The account number or identifier assigned by the department to the outstanding 
child support debt;
C.  The amount of the outstanding child support debt; and
D.  Any other information necessary to effectuate the purposes of this section.
4.  Electronic access to information; procedures.  A licensee shall electronically 
access the registry in accordance with this subsection.
A.  Before making a payout of winnings of an amount equal to or greater than the 
amount for which the licensee is required to file a Form W-2G or substantially 
equivalent form with the United States Internal Revenue Service, the licensee shall 
obtain the name, address, date of birth and social security number of the winner and 
shall electronically submit this information to the registry operator.
B.  Upon receipt of information pursuant to paragraph A, the registry operator shall 
electronically inform the licensee whether the winner is listed in the registry.  If the 
winner is listed in the registry, the registry operator shall inform the licensee of the 
amount of the winner's outstanding child support debt and the account number or 
identifier assigned to the outstanding child support debt and shall provide the licensee 
with a notice of withholding that informs the winner of the right to an administrative 
hearing.
C.  If the registry operator informs the licensee that the winner is not listed in the 
registry or if the licensee is unable to obtain information from the registry operator on 
a real-time basis after attempting in good faith to do so, the licensee may make 
payment to the winner.
D.  If the registry operator informs the licensee that the winner is listed in the 
registry, the licensee may not make payment to the winner unless the amount of the 
payout exceeds the amount of outstanding child support debt, in which case the 
licensee may make payment to the winner of the amount of winnings that is in excess 
of the amount of the winner's outstanding child support debt.
5.  Lien against winnings.  If the registry operator informs a licensee pursuant to this 
section that a winner is listed in the registry, the department has a valid lien upon and 
claim of lien against the winnings in the amount of the winner's outstanding child support 
debt.
6.  Withholding of winnings.  The licensee shall withhold from any winnings an 
amount equal to the amount of the lien created under subsection 5 and shall provide a 
notice of withholding to the winner.  Within 7 days after withholding an amount pursuant 
to this subsection, the licensee shall transmit the amount withheld to the department 
together with a report of the name, address and social security number of the winner, the 
account number or identifier assigned to the debt, the amount withheld, the date of 
withholding and the name and location of the licensee.
7.  Licensee costs.  Notwithstanding subsection 6, the licensee may retain $10 from 
an amount withheld pursuant to this section to cover the cost of the licensee's compliance 
with this section.
8.  Administrative hearing.  A winner from whom an amount was withheld pursuant 
to this section has the right, within 15 days of receipt of the notice of withholding, to 
request from the department an administrative hearing.  The hearing is limited to 
questions of whether the debt is liquidated and whether any postliquidation events have 
affected the winner's liability.  The administrative hearing decision constitutes final 
agency action.
9.  Authorization to provide information.  Notwithstanding any other provision of 
law to the contrary, the licensee may provide to the department or registry operator any 
information necessary to effectuate the intent of this section.  The department or registry 
operator may provide to the licensee any information necessary to effectuate the intent of 
this section.
10.  Confidentiality of information.  The information obtained by the department or 
registry operator from a licensee pursuant to this section and the information obtained by 
the licensee from the department or registry operator pursuant to this section are 
confidential and may be used only for the purposes set forth in this section.  An employee 
or prior employee of the department, the registry operator or a licensee who knowingly or 
intentionally discloses any such information commits a civil violation for which a fine not 
to exceed $1,000 may be adjudged.
11.  Effect of compliance; noncompliance.  A licensee, the department and the 
registry operator are not liable for any action taken in good faith to comply with this 
section.  A licensee who fails to make a good faith effort to obtain information from the 
registry operator or who fails to withhold and transmit the amount of the lien created 
under subsection 5 is liable to the department for the greater of $500 and the amount the 
person was required to withhold and transmit to the department under this section, 
together with costs, interest and reasonable attorney's fees.
12.  Biennial review.  The department shall report to the Legislature and the 
Governor on or before January 31, 2015 and biennially thereafter on:
A.  The number of names of winners submitted by licensees to the registry operator 
pursuant to this section in each of the preceding 2 calendar years;
B.  The number of winners who were found to be listed in the registry in each of the 
preceding 2 calendar years;
C.  The amount of winnings withheld by licensees pursuant to this section in each of 
the preceding 2 calendar years; and
D.  The amount of withheld winnings refunded to winners as the result of 
administrative hearings requested pursuant to this section in each of the preceding 2 
calendar years.
Sec. 22.  8 MRSA c. 31, sub-c. 8 is enacted to read:
SUBCHAPTER 8
SPORTS POOL OPERATION; ALLOCATION OF FUNDS
§1081.  License to operate sports pools; employee licensing
1.  License required.  A person may not operate a sports pool in the State unless the 
person has been issued a license to operate a sports pool by the board.
2.  Sports pool operator license.  The board may issue a license to operate a sports 
pool to a person that demonstrates compliance with the qualifications set forth in sections 
1016 and 1019 and the criteria adopted by the board through rulemaking regarding the 
licensing of sports pool operators and that is:
A.  Licensed to operate a commercial track in the State under chapter 11; or
B.  Licensed to operate an off-track betting facility under chapter 11.
To maintain eligibility for a license under this subsection, the person must at all times 
maintain the person's commercial track license or off-track betting facility license without 
lapse, suspension or revocation.
3.  Application.  The application for a license under subsection 2 must be on a form 
provided by the board and must comply with section 1017.
4.  Fees.  The initial application fee for a license under subsection 2 is $5,000.  The 
renewal fee for a license under subsection 2 is $2,000.
5.  Term of license; renewal.  A license issued by the board under subsection 2 or 
renewed by the board under this subsection is effective for 2 years, unless revoked or 
surrendered pursuant to subchapter 5.  Upon proper application and payment of the 
required fee and in accordance with rules adopted by the board, the board may renew a 
license.
6.  Not transferable.  A license issued under this section is not transferable or 
assignable.
7.  Licensing of employees.  Employees of a person licensed under subsection 2 
must be licensed according to section 1015.
8.  Rulemaking.  The board shall adopt rules to implement this section.  Rules 
initially adopted as required by this section are major substantive rules as described in 
Title 5, chapter 375, subchapter 2-A.  Rules adopted after the first year of operation of a 
sports pool conducted by a sports pool operator are routine technical rules as described in 
Title 5, chapter 375, subchapter 2-A.
§1082.  Persons prohibited from making sports pool wagers
A sports pool operator may not accept a sports pool wager from the following 
persons:
1.  Persons under 18 years of age.  A person who has not attained 18 years of age;
2.  Operators and employees.  The sports pool operator or a director, officer or 
employee of the sports pool operator or a relative living in the same household as any of 
those persons;
3.  Sports event participants.  A person who participates in the sports event, 
including as an athlete, a coach, a referee or an umpire;
4.  Sports event interested parties.  If the sports pool wager involves a sports event 
that is overseen by a sports governing body or a league:
A.  A person who is associated with the sports governing body or the league or any of 
the body's or league's member teams as an athlete, a coach, a referee, an umpire, a 
league official or a director;
B.  The sports governing body or the league or any of the body's or league's member 
teams; 
C.  An employee of the sports governing body or the league or any of the body's or 
league's member teams; or
D.  The legal or beneficial owner of more than 50% of the sports governing body or 
the league or any of the body's or league's member teams;
5.  Persons with confidential information.  A person with confidential information 
that could affect the outcome of the sports event upon which the wager is made.  As used 
in this subsection, "confidential information" means information related to the sports 
event obtained as a result of or by virtue of a person's employment;
6.  Excluded persons.  A person on a list established by the board under section 
1083, subsection 8 of persons who are to be excluded or removed from a sports wagering 
lounge;
7.  Unidentified persons.  A person whose identity has not been verified by the 
sports pool operator; and
8.  Third parties.  A person making a wager on behalf of or as the agent or custodian 
of another person.
§1083.  Sports pool operation; rulemaking
The board shall adopt rules relating to the conduct of sports pools, including but not 
limited to rules governing the following:
1.  Fraud or deception.  The prevention of any fraud or deception upon a person 
placing a wager with a sports pool;
2.  Comprehensive house rules; approval.  Comprehensive house rules to be 
adopted by a sports pool operator governing sports wagering transactions that specify the 
amounts to be paid on winning wagers and the effect of sports event schedule changes 
and that identify the maximum wager amount, prohibited sports events and persons 
prohibited from making wagers with the sports pool under section 1082.  The rules must, 
at a minimum, require a sports pool operator to submit the house rules to the board for 
approval prior to commencing operations and to conspicuously display the house rules in 
the sports wagering lounge;
3.  Conduct of sports pool.  The methods of operation of sports pools, including but 
not limited to the types of wagers permitted, the maximum wager that may be accepted 
from any one person on a single sports event, ensuring that wagers are not accepted on 
prohibited sports events and informing customers of state and federal tax obligations on 
certain winnings;
4.  Sports wagering lounge.  The location, size, design, hours of operation and 
minimum security standards for sports wagering lounges.  The rules must, at a minimum, 
require that a sports wagering lounge be located only on the premises of the commercial 
track or off-track betting facility operated by the sports pool operator;
5.  Identification of customers.  Methods for verifying the identity and age of a 
person who places a wager in a sports wagering lounge and for verifying that the person 
making a wager is not prohibited from making a wager under section 1082.  The rules 
must, at a minimum, require that a sports pool operator that discovers that a person 
prohibited from making a wager under section 1082 has made a wager shall immediately 
refund the wager and any entry fee made by the person;
6.  Fiscal controls, records and reports to the board.  Minimum procedures for the 
exercise of effective fiscal control of the sports pool, including provisions for the 
safeguarding of assets and revenues, the recording of cash and evidence of indebtedness 
and the maintenance of reliable records, accounts and reports of transactions, operations 
and events, including reports to the board;
7.  Audits.  Procedures for the annual audit of the books and records of sports pool 
operators; and
8.  List of excluded persons.  Establishment of a list of persons who are to be 
excluded or removed from a sports wagering lounge including those persons who 
voluntarily request that their names be included on the list of excluded persons.  These 
rules must:
A.  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, or 
whose presence in a sports wagering lounge, in the opinion of the board, would be 
inimical to the interest of the State; and
B.  Provide that, before making a payout of winnings in an amount equal to or greater 
than the amount for which the sports pool operator is required to file a Form W-2G or 
substantially equivalent form with the United States Internal Revenue Service, the 
sports pool operator, after any interception of winnings required by law to pay child 
support debt or other obligations, shall intercept money or anything of value that an 
excluded person is seeking to redeem as a result of wagers made by the person after 
that person has been excluded.  The rules must offer the excluded person the right to 
an administrative hearing with reasonable notice to contest the interception of 
winnings.  Winnings intercepted must be remitted by the sports pool operator to the 
board or its designee for deposit in an Other Special Revenue Funds account within 
the office of substance abuse within the Department of Health and Human Services to 
address gambling addiction.
Rules initially adopted as required by this section are major substantive rules as 
described in Title 5, chapter 375, subchapter 2-A.  Rules adopted after the first year of 
operation of a sports pool conducted by a sports pool operator are routine technical rules 
as described in Title 5, chapter 375, subchapter 2-A.
§1084.  Allocation of sports pool funds
1.  Distribution of sports pool income.  A sports pool operator shall collect and 
distribute 18% of net sports pool income from sports pools operated by the sports pool 
operator to the board for distribution by the board as follows:
A.  Sixteen percent of net sports pool income must be forwarded by the board to the 
Treasurer of State for distribution as follows:
(1)  One percent must be deposited in the General Fund for the administrative 
expenses of the board;
(2)  Two percent must be credited 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;
(3)  Two percent must be credited to the Agricultural Fair Support Fund 
established in Title 7, section 91;
(4)  Two percent must be credited to the fund established in section 298 to 
supplement harness racing purses;
(5)  Two percent must be credited to the Fund to Encourage Racing at Maine's 
Commercial Tracks established in section 299;
(6)  Two percent must be credited to the Fund to Stabilize Off-track Betting 
Facilities established by section 300; and
(7)  Five percent of net sports pool income must be forwarded by the board to the 
Treasurer of State, who shall distribute the funds equally to the tribal 
governments of the federally recognized Indian tribes in the State; and
B.  Two percent of net sports pool 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.
2.  Failure to deposit funds.  A sports pool operator who knowingly or intentionally 
fails to comply with this section commits a Class C crime.  In addition to any other 
sanction available by law, the sports pool operator's license to operate a sports pool may 
be revoked by the board, the sports pool operated by that sports pool operator may be 
disabled and the sports pool's proceeds and associated equipment may be confiscated by 
the board and are subject to forfeiture under Title 17-A, section 959 or 960.
3.  Late payments.  The board may adopt rules establishing the dates on which 
payments required by this section are due.  All payments not remitted when due must be 
paid together with interest on the unpaid balance at a rate of 1.5% per month.
§1085.  Applicability of other laws
Unless expressly provided in this chapter, the provisions of Title 17, chapter 62 and 
Title 17-A, chapter 39 do not apply to the conduct of sports pools operated in accordance 
with this chapter and the rules adopted pursuant to this subchapter.
SUMMARY
This bill authorizes the Department of Public Safety, Gambling Control Board to 
issue licenses to operate sports pools to commercial tracks and off-track betting facilities 
in the State.  Under the bill, wagers on sports events must be made in person at a sports 
wagering lounge and may not be transmitted over the Internet from a remote location.
Sports pool operators may accept wagers on all professional or amateur sports events 
except high school sports events and other events in which a majority of the participants 
are minors.  Sports pool operators may not accept wagers from persons whose identity 
they cannot verify; persons under 18 years of age; the director, officers and employees of 
the sports pool operator and relatives living in the same household as those persons; 
athletes, coaches, referees and umpires participating in the sports event; other interested 
persons including persons who own more than 50% of the legal or beneficial interest in 
any team if the sports event upon which the wager is placed is overseen by the person's 
league or sports governing body; persons with confidential information that could affect 
the outcome of the sports event; persons who are on a list of persons who are to be 
excluded or removed from a sports wagering lounge established by the board, including 
persons who voluntarily request to be excluded; and persons who make wagers on behalf 
of another person.
The bill requires the board to adopt rules regulating the operation of sports pools, 
including rules restricting the types of wagers permitted, establishing the maximum 
wagers that may be accepted from any one person on a single sports event, regulating the 
design and minimum security standards for in-person sports wagering lounges located 
within a commercial track or off-track betting facility and establishing record-keeping, 
reporting and auditing requirements.
The bill further requires that 18% of net sports pool income be transferred to the 
board for distribution as follows: 1% for administrative expenses of the board; 2% for 
primary and secondary school education in the State; 2% for the Maine Community 
College System's scholarships program; 2% to the Agricultural Fair Support Fund; 2% to 
the fund used to supplement harness racing purses; 2% to the Fund to Encourage Racing 
at Maine's Commercial Tracks; 2% to the Fund to Stabilize Off-track Betting Facilities; 
and 5% to be divided equally among the tribal governments of the federally recognized 
Indian tribes in the State.
Finally, the bill provides that the laws governing unlawful gambling and games of 
chance do not apply to sports pool operators that comply with the laws governing sports 
pools.