An Act To Legalize Keno and Historical Instant Racing
Maine Legislature, Session 129, LD 1633
Committee: Veterans and Legal Affairs
Sponsors: COLLINGS, DIAMOND, ALLEY, CAMPBELL, LANDRY, PERRY, STEWART, CARPENTER
Amends: 8 MRSA §1001, 8 MRSA §1003, 8 MRSA §1005, 8 MRSA §1006, 8 MRSA §1014-A, 8 MRSA §1015, 8 MRSA §1016, 8 MRSA §1018, 8 MRSA §1031-A, 8 MRSA §1036, 8 MRSA §1041, 8 MRSA §1042, 8 MRSA §1054, 8 MRSA §1064, 8 MRSA §1066

Legislative Document
No. 1633
H.P. 1176
House of Representatives, April 25, 2019
An Act To Legalize Keno and Historical Instant Racing
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 DIAMOND of Cumberland and
Representatives: ALLEY of Beals, CAMPBELL of Orrington, LANDRY of Farmington, 
McCREA of Fort Fairfield, McDONALD of Stonington, PERRY of Bangor, STEWART of 
Presque Isle, Senator: CARPENTER of Aroostook.
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, historical instant racing, keno, 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, a table game, historical instant racing 
or keno, 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-§§22-A and 22-B are enacted to read:
22-A.  Historical instant racing.  "Historical instant racing" means the creation and 
sale of pari-mutuel pools from wagers placed at a commercial track, off-track betting 
facility, high-stakes beano facility or casino on previously conducted horse races.
22-B.  Historical instant racing operator.  "Historical instant racing operator" 
means a person licensed under section 1014-A to operate historical instant racing in the 
State that in fact operates historical instant racing in the State.
Sec. 4.  8 MRSA §1001, sub-§§26-A and 26-B are enacted to read:
26-A.  Keno.  "Keno" means a game of chance in which a player places a wager and 
selects numbers from a preestablished range of numbers, a mechanical or electronic 
device randomly draws winning numbers from the same preestablished range of numbers, 
and the player may win a prize, the amount of which is based on the amount of the wager 
and the quantity of numbers drawn that match the numbers selected by the player.
26-B.  Keno operator.  "Keno operator" means a person licensed under section 
1014-A to operate keno in the State that in fact operates keno in the State.
Sec. 5.  8 MRSA §1001, sub-§§29-D and 29-E are enacted to read:
29-D.  Net historical instant racing income.  "Net historical instant racing income" 
means the total amount of wagers placed on historical instant racing after payment of 
money from winning wagers to winning bettors.
29-E.  Net keno income.  "Net keno income" means the total value of money, tokens, 
credits or similar objects or things of value used to play keno minus money, credits or 
prizes paid out to winners.
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 historical 
instant racing and keno 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 operation of historical instant racing or keno and all violations of this 
chapter or rules adopted under this chapter;
Sec. 10.  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, historical instant racing and keno revenue, credits disbursed 
by licensees, administrative expenses and the allocation of slot machine and, table 
game, historical instant racing and keno income for the preceding month;
Sec. 11.  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, historical instant racing and keno revenue, credits disbursed 
by slot machine operators and, table game operators, historical instant racing 
operators and keno operators, administrative expenses and the allocation of slot 
machine and, table game, historical instant racing and keno income for the preceding 
year;
Sec. 12.  8 MRSA §1003, sub-§2, ¶T, as amended by PL 2015, c. 499, §6, is 
further amended to read:
T.  Keep accurate and complete records of its proceedings and certify the records as 
may be appropriate; and
Sec. 13.  8 MRSA §1003, sub-§2, ¶U, as enacted by PL 2015, c. 499, §7, is 
amended to read:
U.  Adopt rules relating to the conduct of advance deposit wagering, including but 
not limited to the following:
(1)  Requirements for licensure to conduct advance deposit wagering;
(2)  The prevention of any fraud or deception upon an advance deposit wagering 
account holder;
(3)  Distributions of account statements to advance deposit wagering account 
holders from the advance deposit wagering licensee;
(4)  Establishing a definition of an abandoned advance deposit wagering account 
and provisions for disposition of funds in an abandoned account;
(5)  Prescribing methods for verifying residency and age of an applicant for an 
advance deposit wagering account;
(6)  Prescribing methods for verifying that an applicant for an advance deposit 
wagering account is a natural person and not a custodian, beneficiary, joint trust 
corporation or other organization;
(7)  Prescribing methods by which deposits are made to advance deposit 
wagering accounts.  The methods prescribed must prohibit the use of the 
electronic benefits transfer system administered by the Department of Health and 
Human Services under Title 22, chapter 1, subchapter 1-A; and
(8)  Prohibiting the assignment or transfer of an advance deposit wagering 
account from an authorized account holder to another person.
Rules initially adopted as required by this paragraph are major substantive rules as 
described in Title 5, chapter 375, subchapter 2-A.  Rules adopted after the first year 
of operation of advance deposit wagering conducted by an advance deposit wagering 
licensee are routine technical rules as described in Title 5, chapter 375, subchapter 
2-A.;
Sec. 14.  8 MRSA §1003, sub-§2, ¶¶V and W are enacted to read:
V.  Adopt rules relating to the conduct of historical instant racing, including but not 
limited to the following:
(1)  Requirements for licensure to conduct historical instant racing;
(2)  The prevention of any fraud or deception upon a person making a historical 
instant racing wager;
(3)  Prescribing methods for the conduct of historical instant racing, including but 
not limited to the hours of operation, the types of races on which wagers may be 
made, the race information made available to bettors prior to the placement of 
wagers, the types and amounts of wagers permitted, the minimum payoff on a 
winning wager and the maximum percentage of all wagers that may be retained 
by the historical instant racing operator;
(4)  Standards for the equipment used to operate historical instant racing; and
(5)  Prescribing methods for verifying the identity and age of a person making a 
historical instant racing wager and for ensuring that the person is not prohibited 
from making a historical instant racing wager under section 1031-A.
Rules initially adopted as required by this paragraph are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.  Rules adopted after the first year of 
operation of historical instant racing conducted by a person licensed under this 
chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; 
and
W.  Adopt rules relating to the conduct of keno, including but not limited to the 
following:
(1)  Requirements for licensure to conduct keno;
(2)  The prevention of any fraud or deception upon a person making a keno 
wager;
(3)  Prescribing methods for the conduct of keno, including but not limited to the 
hours of operation, the types and amounts of wagers permitted, the minimum 
payoff on a winning wager and the maximum percentage of all wagers that may 
be retained by the keno operator;
(4)  Standards for the equipment used to operate keno; and
(5)  Prescribing methods for verifying the identity and age of a person making a 
keno wager and for ensuring that the person is not prohibited from making a keno 
wager under section 1031-A.
Rules initially adopted as required by this paragraph are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.  Rules adopted after the first year of 
operation of keno conducted by a person licensed under this chapter are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 15.  8 MRSA §1003, sub-§3, ¶G, as amended by IB 2009, c. 2, §23, is 
further amended to read:
G.  Minimum procedures for the exercise of effective control over the internal fiscal 
affairs of slot machine operators, casino operators, historical instant racing operators, 
keno operators, slot machine distributors, table game distributors, gambling services 
vendors and nongambling services vendors, 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;
Sec. 16.  8 MRSA §1003, sub-§3, ¶H, as amended by IB 2009, c. 2, §24, is 
further amended to read:
H.  Procedures for the annual audit of the books and records of slot machine 
operators, casino operators, historical instant racing operators, keno operators, slot 
machine distributors, table game distributors and gambling services vendors;
Sec. 17.  8 MRSA §1003, sub-§3, ¶I, as amended by PL 2013, c. 212, §10, is 
further amended to read:
I.  Establishment of a list of persons who are to be excluded or removed from any 
facility where historical instant racing or keno are conducted, slot machine facility or 
casino, including those persons who voluntarily request that their names be included 
on the list of excluded persons.  These rules must:
(1)  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, whose presence in a facility where historical instant racing or keno are 
conducted or in a slot machine facility or casino would, in the opinion of the 
board, be inimical to the interest of the State; and
(2) Provide that, before making a payout of winnings in 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, 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 licensee 
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;
Sec. 18.  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, historical instant racing operators, keno 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, historical instant 
racing equipment or keno equipment if the department has a reasonable articulable 
suspicion that the slot machine or, table game, historical instant racing equipment or 
keno equipment is being operated in violation of this chapter or of any rule adopted 
under this chapter.
Sec. 19.  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 facility where historical 
instant racing or keno are conducted, slot machine facility or casino under section 1003, 
subsection 3, paragraph I 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 historical instant racing operator, keno operator or slot machine facility or 
casino licensee 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. 20.  8 MRSA §1014-A is enacted to read:
§1014-A.  Licensing of historical instant racing operators and keno operators
1.  License required.  A person or a federally recognized Indian tribe in the State 
may not operate historical instant racing or keno in the State unless the person or the 
federally recognized Indian tribe in the State has been issued a license by the board under 
this section.
2.  Requirements for license.  The board may issue a license to operate historical 
instant racing and keno to a person or a federally recognized Indian tribe in the State that 
demonstrates compliance with the qualifications set forth in sections 1016 and 1019 and 
the criteria adopted by the board through rulemaking and that is:
A.  Licensed to operate a casino in the State under this chapter;
B.  Licensed to operate a commercial track in the State under chapter 11;
C.  Licensed to operate an off-track betting facility in the State under chapter 11; or
D.  Licensed to operate high-stakes beano in the State under Title 17, chapter 13-A.
3.  Continued eligibility.  To maintain eligibility for a license under this section, the 
licensee must at all times maintain the licensee's casino operator license, commercial 
track license, off-track betting facility license or high-stakes beano license without lapse, 
suspension or revocation.
4.  Authority of licensee.  A person or a federally recognized Indian tribe licensed 
under this section may operate historical instant racing or keno, or both, at the licensee's 
casino, commercial track, off-track betting facility or high-stakes beano facility in 
accordance with this chapter and the rules adopted under this chapter.
Sec. 21.  8 MRSA §1015, as amended by PL 2013, c. 212, §§13 and 14, is further 
amended to read:
§1015.  Licensing of employees of historical instant racing, keno, slot machine and 
casino 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, historical instant racing operator, keno 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, historical instant racing operator, 
keno 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, historical instant racing operator, keno 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, historical 
instant racing operator, keno 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, historical instant racing operator, keno 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. 22.  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 or a federally 
recognized Indian tribe in the State must satisfy the following qualifications to be a slot 
machine operator, a casino operator, a historical instant racing operator, a keno operator, 
a slot machine distributor, a table game distributor, a gambling services vendor or an 
employee of these entities:
A.  The person or the federally recognized Indian tribe 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 or the federally recognized Indian tribe 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, historical instant 
racing and keno operator license, slot machine operator license renewal or, casino 
operator license renewal or a historical instant racing and keno operator license 
renewal, has sufficient financial assets and responsibility to continue operation of a 
commercial track or, casino, off-track betting facility or high-stakes beano facility;
C.  The person or the federally recognized Indian tribe 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
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 1014-A, 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. 23.  8 MRSA §1018, sub-§1, ¶D-1 is enacted to read:
D-1.  The initial application fee for a license to operate historical instant racing and 
keno is $5,000.  The annual renewal fee is $5,000.
Sec. 24.  8 MRSA §1018, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, §11, is amended to read:
2.  Term of license; renewal, renewal fees.  All licenses issued by the board under 
this chapter are effective for one year, unless revoked or surrendered pursuant to 
subchapter 5.  Upon proper application and payment of the required fees and taxes and in 
accordance with rules adopted by the board, the board may renew a license for an 
additional year if.  If municipal approval is required for license renewal, the board may 
not renew the license unless municipal approval has been obtained as provided in section 
1012 or 1012-A.  The board shall transfer $25,000 of the renewal fee required by 
subsection 1, paragraph C to the municipality in which the slot machines are operated.
Sec. 25.  8 MRSA §1031-A is enacted to read:
§1031-A.  Persons prohibited from participation in historical instant racing and 
keno
A historical instant racing operator or keno operator may not accept a historical 
instant racing wager or a keno wager from the following persons:
1.  Minimum age.  A person who has not attained 21 years of age;
2.  Prohibited persons.  A person on a list established by the board under section 
1003, subsection 3, paragraph I; and
3.  Unidentified persons.  A person whose identity has not been verified by the 
historical instant racing operator or keno operator using the methods required by the 
board by rule.
Sec. 26.  8 MRSA §1036, sub-§2-D is enacted to read:
2-D.  Distribution of net historical instant racing income and net keno income.  
A historical instant racing operator shall collect and distribute 11% of net historical 
instant racing income and a keno operator shall collect and distribute 11% of net keno 
income to the board for distribution by the board as follows:
A.  One percent of the net historical instant racing income and 1% of the net keno 
income must be deposited to the General Fund for administrative expenses of the 
board; and
B.  Ten percent of the net historical instant racing income and 10% of the net keno 
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 12 under Title 20-A, chapter 606-B.
Sec. 27.  8 MRSA §1036, sub-§3, as amended by IB 2009, c. 2, §47, is further 
amended to read:
3.  Failure to deposit funds.  A slot machine operator or, casino operator, historical 
instant racing operator or keno 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 license of the operator may be revoked by the board and the slot machines or, 
table games, historical instant racing equipment or keno equipment operated by that slot 
machine operator or, casino operator, historical instant racing operator or keno operator 
may be disabled, and the slot machines or table games,; slot machines' or table games' 
proceeds and associated equipment; historical instant racing equipment or keno 
equipment; and historical instant racing's proceeds or keno's proceeds may be confiscated 
by the board and are subject to forfeiture under Title 17-A, section 959 or 960.
Sec. 28.  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, historical instant racing 
operator or keno 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, historical instant racing or keno is 
operated.  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. 29.  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 associated equipment or 
historical instant racing or keno 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 used to conduct historical 
instant racing or keno 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. 30.  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. 31.  8 MRSA §1054, sub-§§10 and 11 are enacted to read:
10.  Operation of historical instant racing or keno without a license.  Violates 
section 1014-A, subsection 1; or
11.  Accepting underage wagering on historical instant racing or keno.  Violates 
section 1031-A.
Sec. 32.  8 MRSA §1064, as amended by PL 2009, c. 487, Pt. B, §4, is further 
amended to read:
§1064.  Applicability of other laws
Except as expressly provided in this chapter, the provisions of Title 17, chapter 62 do 
not apply to the ownership, distribution or operation of slot machines or table games in 
the State and the provisions of Title 17, chapter 62 and Title 17-A, chapter 39 do not 
apply to the conduct of historical instant racing or keno operated in accordance with this 
chapter and the rules adopted pursuant to this chapter.
Sec. 33.  8 MRSA §1066, as enacted by PL 2013, c. 255, §2, is amended to read:
§1066.  Interception of historical instant racing, keno, slot machine or table game 
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, a historical 
instant racing customer or a keno customer to whom cash is returned as winnings.
2.  Interception.  A licensee shall intercept slot machine and, table game, historical 
instant racing and keno 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. 34.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 8, chapter 31, subchapter 3, in the subchapter headnote, 
the words "slot machine operation; allocation of funds" are amended to read "slot 
machine, table game, historical instant racing and keno operation; allocation of funds" 
and the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes.
SUMMARY
This bill establishes a framework for the regulation of historical instant racing and 
keno.  The bill creates a single license for the operation of historical instant racing and 
keno.  Casinos, commercial tracks, off-track betting facilities and high-stakes beano 
facilities are each eligible to apply for the license, issued by the Gambling Control Board.
The bill directs the board to adopt rules governing the conduct of historical instant 
racing and keno, including rules related to the prevention of fraud or deception, 
authorized wager amounts, the maximum percentage of all wagers that may be retained 
by the licensee and methods for verifying that a person who makes a historical instant 
racing wager or who plays keno is at least 21 years of age.  The bill further requires that 
1% of the net income from historical instant racing and keno be used for administrative 
expenses of the board and that 10% of the net revenue be distributed to the Treasurer of 
the State to be credited to the Department of Education for essential programs and 
services for kindergarten to grade 12.