An Act To Restore to the Penobscot Nation and Passamaquoddy Tribe the Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 2010
Maine Legislature, Session 130, LD 0585
Committee Amendment CA_D_H1023 (House)
Amends: 30-A MRSA §2202, 36 MRSA §111, 36 MRSA §194-E, 36 MRSA §1760, 36 MRSA §191, 36 MRSA §1815, 36 MRSA §2724, 36 MRSA §4303, 36 MRSA §4303-B, 36 MRSA §4605, 36 MRSA §5102, 36 MRSA §5122, 36 MRSA §5132, 7 MRSA §86, 7 MRSA §103, 8 MRSA §290, 8 MRSA §1003, 8 MRSA §1104, 17-A MRSA §951, 25 MRSA §1542-A

COMMITTEE AMENDMENT" V" to H.P. 428, L.D. 585, "An Act To Restore to 
the Penobscot Nation and Passamaquoddy Tribe the Authority To Exercise Jurisdiction 
under the Federal Tribal Law and Order Act of 2010" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Enhance Tribal-State Collaboration, To Revise the Tax Laws Regarding 
the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot 
Nation and To Authorize Commercial Tracks, the Oxford Casino, Off-track Betting 
Facilities and Federally Recognized Indian Tribes To Conduct Sports Wagering' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
Sec. A-1. 5 MRSA c. 376 is enacted to read: 
CHAPTER376 
TRIBAL-STATE COLLABORATION 
§11051. Short title 
This chapter may be known and cited as "the Tribal-State Collaboration Act." 
§11052. Definitions 
As used in this Act, unless the context otherwise indicates, the following terms have 
the following meanings. 
1. Agency. "Agency" means the following: 
A. The Department of Agriculture, Conservation and Forestty; 
B. The Department of Corrections; 
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C. The Department of Economic and Community Development: 
D. The Department of Education; 
E. The Depattment of Environmental Protection: 
F. The Depattment of Health and Human Services: 
G. The Department of Inland Fisheries and Wildlife; 
H. The Department of Labor: 
I. The Depattment of Public Safety; 
J. The Department of Administrative and Financial Services: 
K. The Department of Professional and Financial Regulation: 
L. The Department of Defense, Veterans and Emergency Management: 
M. The Depattment of Marine Resources: 
N. The Department of Transportation; 
0. The Office of the Public Advocate; and 
P. The Public Utilities Commission. 
2. Indian tribe. 
11Indian tribe" means a federally recognized Indian tribe within the 
§11053. Collaboration between agencies and Indian tribes 
1. Reguired policies. An agency shall develop and implement a policy that: 
A. Promotes effective communication and collaboration between the agency and the 
Indian tribes: 
B. Promotes positive government-to-government relations between the State and the 
Indian tribes; 
C. Promotes cultural competency in the agency's interactions with the Indian tribes 
and tribal members: 
D. Establishes a process for collaboration between the agency and the Indian tribes 
regarding the agency's programs, rules and services that substantially and uniquely 
affect the Indian tribes or tribal members. In the context of emergency rulemaking 
pursuant to section 8054, the policy must require notice and collaboration to the extent 
practicable. Collaboration under this paragraph must be in addition to any process 
available to members of the general public and must include: 
(1) Providing the Indian tribes reasonable written notice of the contemplated 
program, rule or service: 
(2) Allowing the Indian tribes a reasonable opp01tunity to provide information, 
advice and opinions on the contemplated program, rule or service; 
(3) Requiring the agency to consider the information, advice and opinions it 
receives from the Indian tribes under subparagraph (2): and 
(4) Requiring the agency to make reasonable effo1ts to complete the collaboration 
process before taking final action on the contemplated program or service or, in 
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the case of a rule, before publication of the proposed rule pursuant to section 8053, 
subsection 5; and 
E. Establishes a method for informing employees of the agency of the provisions of 
this Act and the policy that the agency adopts pursuant to this section. 
2. Consultation in policy development. An agency shall request comments from 
each Indian tribe and the Maine Indian Tribal-State Commission, and consider each 
comment received, before adopting a policy under subsection 1. 
3. Tribal liaison. An agency shall designate an individual who reports directly to the 
head of the agency to serve as the agency's tribal liaison. The tribal liaison shall: 
A. Assist with developing and ensuring the implementation of the policy required by 
subsection 1: 
B. Serve as a contact person responsible for facilitating effective communication 
between the agency and the Indian tribes: and 
C. Coordinate the training of agency employees as provided in section 11054. 
§11054. Mandatory training 
An agency shall ensure that the tribal liaison designated pursuant to section 11053, 
subsection 3, other employees responsible for tribal collaboration under this Act and other 
employees whose work substantially and uniquely affects Indian tribes or tribal members 
receive training designed to promote: 
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1. Communication and collaboration. Effective communication and collaboration 
between the agency and the Indian tribes: 
2. 
Government-to-government relations. 
Positive government-to-government 
relations between the State and Indian tribes: and 
3. Cultural competency. Cultural competency in tribal issues. 
§11055. Tribal-State Summit; reports by agencies and Indian tribes 
1. Annual Tribal-State Summit. The Governor shall meet at least annually with the 
leaders of Indian tribes in a Tribal-State Summit to address issues of mutual concern, which 
may include: 
A. Implementation of the Maine Native American study provisions of Title 20-A, 
section 4706: 
B. Implementation of the provisions of this Act: and 
C. Improving communication between the State and the Indian tribes. 
2. Biennial agency reports. Beginning January 10, 2023 and biennially by January 
10th thereafter, an agency shall file a report with the joint standing committee or 
committees of the Legislature having jurisdiction over the agency and with the Maine 
Indian Tribal-State Commission on the activities of the agency pursuant to this Act. The 
report must include: 
A. A copy of the current policy adopted under section 11053, subsection 1 and a 
description of any changes that have been made to that policy since the filing of the 
previous report. If the agency has not yet adopted a policy under section 11053, 
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subsection 1, the agency must describe the steps the agency has taken to adopt such a 
policy: 
B. The name and contact information of the tribal liaison designated by the agency 
under section 11053, subsection 3; 
C. A description of training provided pursuant to section 11054: 
D. A statement of programs, rules or services, to the extent lmown at the time of the 
rep01t, that the agency intends to adopt, amend or provide in the coming rep01ting 
period that substantially and uniquely affect Indian tribes or tribal members: and 
E. A summary of tribal collaboration activities the agency has engaged in under the 
provisions of this Act during the prior biennium and any recommendations for 
improving the effectiveness of this Act, including recommendations regarding other 
agency actions for which it may be appropriate to require collaboration under this Act. 
3. Reports by Indian tribes. Beginning January 10, 2023 and biennially by January 
10th thereafter, an Indian tribe may file a report with the joint standing committee of the 
Legislature having jurisdiction over judiciaiy matters and the Maine Indian Tribal-State 
Commission that includes a summary of the collaboration between the Indian tribe and 
agencies under this Act during the prior biennium and any recommendations for improving 
the effectiveness of this Act, including recommendations regarding other agency actions 
for which it may be appropriate to require collaboration under this Act. 
§11056. Cause of action and right of review not conferred; savings clause 
1. Cause of action and right of review not conferred. An agency's failure to comply 
with the requirements of this Act does not: 
A. Create a cause of action or a right of judicial review of any action by an agency: 
B. Constitute grounds for a comt to invalidate an agency rule under section 8058; or 
C. Constitute grounds for a court to reverse or modify an agency action under section 
11007, subsection 4, paragraph C or to direct an agency to engage in any further action 
under section 11007, subsection 4, paragraph B. 
2. Federal funding requirements. Nothing in this Act affects, modifies or replaces 
any tribal collaboration or consultation requirement imposed on or assumed by an agency 
as a condition of the acceptance of federal funding. 
Sec. A-2. 30-A MRSA §2202, sub-§2, as enacted by PL 2009, c. 636, Pt. D, §2, is 
amended to read: 
2. Party. "Party" means a public agency or the following federally recognized Indian 
tribes or their political subdivisions: 
A. The Passamaquoddy Tribe; and 
B. The Penobscot Nation,; and 
C. The Houlton Band ofMaliseet Indians. 
PARTB 
Sec. B-1. Legislative findings and purpose. The Legislature finds and declares 
that the changes to the State's tax laws that appear in Parts C to Hof this Act will: 
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1. Improve the economic opp01tunities available to and welfare of the Penobscot 
Nation, the Passamaquoddy Tribe and the Houlton Band ofMaliseet Indians and their tribal 
members; 
2. Encourage economic development within the tribal lands of the Penobscot Nation, 
the Passamaquoddy Tribe and the Houlton Band ofMaliseet Indians, the benefits of which 
will accrue not only to the tribes and their tribal members but also to surrounding 
communities and the State; and 
3. Clarify and simplify the application of the State's tax laws to the Penobscot Nation, 
the Passamaquoddy Tribe and the Houlton Band of Maliseet Indians as well as to their 
tribal lands and tribal members, in order to reduce the costs of tax compliance to the tribes 
and their members and to reduce the cost to the State of administering its tax laws. 
PARTC 
Sec. C-1. 36 MRSA §111, sub-§1-D is enacted to read: 
1-D. Houlton Band of Maliseet Indians. "Houlton Band of Maliseet Indians" has 
the same meaning as in Title 30, section 6203, subsection 2. 
Sec. C-2. 36 MRSA §111, sub-§1-E is enacted to read: 
1-E. Houlton Band Trust Land. "Houlton Band Trust Land" has the same meaning 
as in the federal Houlton Band of Maliseet Indians Supplementary Claims Settlement Act 
of 1986, Public Law 99-566, Section 2(2). 
Sec. C-3. 36 MRSA §111, sub-§2-A is enacted to read: 
2-A. Passamaquoddy Indian territory. "Passamaquoddy Indian territmy" has the 
same meaning as in Title 30, section 6203, subsection 6. 
Sec. C-4. 36 MRSA §111, sub-§2-B is enacted to read: 
2-B. Passamaquoddy Tribe. "Passamaquoddy Tribe" has the same meaning as in 
Title 30, section 6203, subsection 7. 
Sec. C-5. 36 MRSA §111, sub-§2-C is enacted to read: 
2-C. Penobscot Indian territory. "Penobscot Indian territory" has the same meaning 
as in Title 30, section 6203, subsection 9. 
Sec. C-6. 36 MRSA §111, sub-§2-D is enacted to read: 
2-D. Penobscot Nation. "Penobscot Nation" has the same meaning as in Title 30, 
section 6203, subsection 10. 
Sec, C-7. 36 MRSA §111, sub-§8 is enacted to read: 
8. Tribal entity. "Tribal entity" means a business entity: 
A. Wholly owned by the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, 
the Penobscot Nation, a tribal member or tribal members or some combination thereof. 
For purposes of determining ownership of an entity, a married couple including at least 
one tribal member is treated as one tribal member, regardless of which spouse owns 
the entity; or 
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B. Where 75% of the ownership interests are held in aggregate by the Houlton Band 
of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation and the entity 
is controlled and managed by the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe or the Penobscot Nation, consistent with the requirements of 13 
Code of Federal Regulations, Section 124.109(c)(4); as determined by the federal 
Small Business Administration or the assessor as consistent with 13 Code of Federal 
Regulations, Section 124.109(c)(4)(i)(A); or as determined by the federal Small 
Business Administration as consistent with 13 Code of Federal Regulations, Section 
124.109(c)( 4)(i)(B). 
A tribal entity must be a separate and distinct legal entity organized or chartered by federal, 
state or tribal authorities. 
Sec. C-8. 36 MRSA §111, sub-§9 is enacted to read: 
9. Tribal land. "Tribal land" means land within the Houlton Band Trust Land, the 
Passamaquoddy Indian territory or the Penobscot Indian territo1y. 
Sec. C-9. 36 MRSA §111, sub-§10 is enacted to read: 
10. Tribal member. "Tribal member" means an enrolled member of the Houlton 
Band of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation. 
Sec. C-10. 36 MRSA §194-E is enacted to read: 
§194-E. Tribes deemed as acting in a governmental capacity 
For purposes of Patis 3 and 8 of this Title, the Passamaquoddy Tribe and the Penobscot 
Nation are deemed to act in a governmental capacity as described in Title 30, section 6208, 
subsection 3 and not in a business capacity. For purposes of Parts 3 and 8 of this Title, the 
Houlton Band of Maliseet Indians is deemed to act in a governmental capacity and not in 
a business capacity. 
PARTD 
Sec. D-1. 36 MRSA §1760, sub-§112 is enacted to read: 
112. Tribes. Sales to the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe 
or the Penobscot Nation. For purposes of section 1760-C, sales to the tribes identified in 
this subsection for any purpose are exempt. 
Sec. D-2. 36 MRSA §1760, sub-§113 is enacted to read: 
113. Tribal members. Sales to a tribal member that are sales sourced to tribal land, 
except that, if the property or service is used by the purchaser, including any lessee, 
primat·ily outside of tribal land, the purchaser is liable for use tax based on the original sale 
price, unless otherwise exempt under this Part. 
For purposes of this subsection: 
A. "Primarily'' means more than 50% of that period of time that begins on the date on 
which the property or service is first placed in service by the purchaser and ends one 
year from that date or at the time that the property or service is sold, scrapped, 
destroyed or otherwise permanently removed from service, whichever occurs first; and 
B. "Sales sourced to tribal land" means sales sourced pursuant to section 1819 to a 
location on tribal land. 
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Sec. D-3. 36 MRSA §1760, sub-§114 is enacted to read: 
114. Tribal entities, Sales to a tribal entity that are sales sourced to tribal land, except 
that, if the property or service is used by the purchaser, including any lessee, primarily 
outside of tribal land, the purchaser is liable for use tax based on the original sale price, 
unless otherwise exempt under this Part. 
For purposes of this subsection: 
A. "Primarily" means more than 50% of that period of time that begins on the date on 
which the property or service is first placed in service by the purchaser and ends one 
year from that date or at the time that the property or service is sold, scrapped, 
destroyed or otherwise permanently removed from service, whichever occurs first: and 
B. "Sales sourced to tribal land" means sales sourced pursuant to section 1819 to a 
location on tribal land. 
Sec. D-4. Application. This Part applies to sales occurring on or after January 1, 
2023. 
PARTE 
Sec. E-1. 36 MRSA §191, sub-§2, 1QQQ is enacted to read: 
000. The disclosure of information to the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe or the Penobscot Nation necessaty for the administration of sales 
tax revenue transfers under section 1815. 
Sec. E-2. 36 MRSA §1815, as enacted by PL 1999, c. 477, §1, is amended to read: 
§1815. Tax from sales occurring on Passamaquoddy reservation tribal land 
1. Passamaquoddy Sales Tax Fund. The Passamaquoddy Sales Tax Fund, refe1Ted 
to in this section as :the .!!Passamaquoddy fund, 
is established as a dedicated account to be 
administered by the Treasurer of State for the purpose of returning sales tax revenue to the 
Passamaquoddy Tribe pursuant to subsections 2 and 3. 
1-A. Penobscot Sales Tax Fund. The Penobscot Sales Tax Fund, refeITed to in this 
section as "the Penobscot fund," is established as a dedicated account to be administered 
by the Treasurer of State for the purpose of returning sales tax revenue to the Penobscot 
Nation pursuant to subsections 2 and 3. 
1-B. Maliseet Sales Tax Fund. The Maliseet Sales Tax Fund, referred to in this 
section as "the Maliseet fund, 
is established as a dedicated account to be administered by 
the Treasurer of State for the purpose of returning sales tax revenue to the Houlton Band 
of Maliseet Indians pursuant to subsections 2 and 3. 
2. Monthly transfer. By the 20th day of each month, the assessor shall notify the 
State Controller and the Treasurer of State of the amount of revenue attributable to the tax 
collected under this P-aFt chapter in .the previous month on sales occurring on the 
Passamaquoddy reservation at either Pleasant Point or Indian Tovmship Indian tenitory, 
the Penobscot Indian territory and the Houlton Band Tmst Land, respectively, reduced by 
the transfer to the Local Government Fund required by Title 30-A, section 5681. When 
notified by the assessor, the State Controller shall transfer that amount those ainounts to 
the Passamaquoddy Sales Tax Fund fund, the Penobscot fund and the Maliseet fund, 
respectively. 
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For purposes of this subsection, a sale occurs on the Passamaquoddy Indian territory, the 
Penobscot Indian territory or the Houlton Band Trust Land if: 
A. 
The business location of the seller from which the purchase is made is on 
Passamaquoddy Indian territ01y, Penobscot Indian territory or Houlton Band Trust 
Land, respectively; and 
B. The tangible personal property or taxable service is received by the purchaser also 
on Passamaquoddy Indian territory. Penobscot Indian territ01y or Houlton Band Trust 
Land, respectively. For purposes of this paragraph. "received" has the same meaning 
as in section 1819. 
3. Monthly payment. By the end of each month, the Treasurer of State shall make 
payments to the Passamaquoddy Tribe from the Passamaquoddy Sales Tax Fund fund. to 
the Penobscot Nation from the Penobscot fund and to the Houlton Band of Maliseet Indians 
from the Maliseet fund equal to the amounts transferred into the respective fund. 
4. Quarterly reconciliation. The monthly payments due under this section must be 
adjusted by any credit or debit necessary for a quarterly reconciliation of payments and 
transfers made under this section for any erroneous payment or transfers and any erroneous 
collection and corresponding refund and by any subsequent assessment, remittance or 
refund of sales tax to or by the State. 
Sec. E-3. Application. This Part applies to sales occurring on or after January 1, 
2023. 
PARTF 
Sec. F-1. 36 MRSA §2724, sub-§2, as amended by PL 1993, c. 452, §15, is further 
amended to read: 
2. Commercial forest land. "Commercial forest land" means land that is classified 
or that is eligible for classification as forest land pursuant to the Maine Tree Growth Tax 
Law, chapter 105, subchapter H-A 2-A, except that "commercial forest land" does not 
include land described in section 573, subsection 3, paragraph B or C when all commercial 
harvesting of forest products is prohibited. In determining whether land not classified 
under the Maine Tree Growth Tax Law is eligible for classification under that law, all facts 
and circumstances must be considered, including whether the landowner is engaged in the 
forest products business and the land is being used in that business or there is a forest 
management plan for commercial use of the land or a particular parcel of land has been 
harvested for commercial purposes within the preceding 5 years. "Commercial forest land" 
does not include tribal land. 
Sec. F-2. 36 MRSA §4303, first 1, as amended by PL 2019, c. 222, § 1 and affected 
by §7, is fmther amended to read: 
There Except as provided in section 4303-B, there is levied and imposed a tax at the 
rate of 1 1/2¢ per pound on all wild blueberries processed in the State and on all 
unprocessed wild bluebenies shipped to a destination outside the State. 
All wild 
blueberries harvested in the State that are to be shipped outside the State for processing 
must be weighed on a state-certified scale in the State prior to being shipped outside the 
State. The tax is computed on the gross weight of the wild blueberries as delivered prior 
to any processing or shipping. 
The processor that first receives unprocessed wild 
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blueberries in the State, or the shipper that transports unprocessed wild blueberries to a 
destination outside the State, is responsible for reporting and paying the tax. 
Sec. F-3. 36 MRSA §4303-B is enacted to read: 
§4303-B. Exemption for wild blueberries grown on tribal land 
The tax imposed by section 4303 does not apply to wild blueberries grown on tribal 
land. 
Sec. F-4. 36 MRSA §4605, sub-§1, as amended by PL 2011, c. 7, §4, is further 
amended to read: 
1. Rate, A Except as provided in subsection 1-A, a tax is levied and imposed at the 
rate of $.06 per hundredweight, effective September 1, 2011, on all potatoes grown in this 
State, e~ccept that no taK may be imposed on any potatoes that are retained by the grov,•er 
to be used by the grower for seed purposes or for home consumption and no tmc may be 
imposed on a.ey potatoes received by a processor that are cettified as unmerchantable by a 
federal state inspector. 
Sec. F-5. 36 MRSA §4605, sub-§1-A is enacted to read: 
1-A. Exemptions. The tax imposed by this section does not apply to: 
A. Any potatoes that are retained by the grower to be used by the grower for seed 
purposes or for home consumption; 
B. Any potatoes received by a processor that are certified as unmerchantable by a 
federal state inspector; or 
C. Any potatoes grown on tribal land. 
Sec. F-6. Application. That section of this Part that amends the Maine Revised 
Statutes, Title 36, section 2724, subsection 2 applies to commercial forestry excise tax due 
on or after January 1, 2023. Those sections of this Part that amend Title 36, section 4303, 
first paragraph and enact Title 36, section 4303-B apply to unprocessed wild blueberries 
received in this State for processing, or transported to a destination outside the State, on or 
after January 1, 2023. That portion of this Part that enacts Title 3 6, section 4605, subsection 
1-A, paragraph C applies to potatoes received, sold or shipped by a shipper in this State on 
or after January 1, 2023. 
PARTG 
Sec. G-1. 36 MRSA §5102, sub-§5-A is enacted to read: 
5-A. Tribal member residing on tribal land. "Tribal member residing on tribal land" 
means an individual who is a tribal member and: 
A. Who is domiciled on tribal land, unless: 
(1) The tribal member does not maintain a permanent place of abode on tribal land, 
maintains a permanent place of abode off of tribal land and spends in the aggregate 
not more than 30 days of the taxable year on tribal land;, or 
(2) Within any period of 548 consecutive days. the tribal member: 
(a) Is present in a foreign country or countries for at least 450 days; 
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(b) Is not present on tribal land for more than 90 days; 
(c) Does not maintain a permanent place of abode on tribal land at which a 
minor child of the tribal member or the tribal member's spouse is present for 
more than 90 days, unless the tribal member and the tribal member's spouse 
are legally separated; and 
(d) During the nonresident portion of the taxable year with which, or within 
which, such period of 548 consecutive days begins and the nonresident portion 
of the taxable year with which, or within which, such period ends, is present 
on tribal land for a number of days that does not exceed an amount that bears 
the same ratio to 90 as the number of days contained in such portion of the 
taxable year bears to 548; or 
B. Who is not domiciled on tribal land, but maintains a permanent place of abode on 
tribal land and spends in the aggregate more than 183 days of the taxable year on tribal 
land, unless the tribal member is in the Armed Forces of the United States. 
The geographic location of a political organization or political candidate that receives one 
or more contributions from the tribal member is not in and of itself determinative on the 
question of whether the tribal member is domiciled on tribal land. The geographic location 
of a professional advisor retained by a tribal member or the geographic location of a 
financial institution with an active account or loan of a tribal member may not be used to 
determine whether or not a tribal member is domiciled on tribal land. For purposes of this 
subsection, "professional advisor" includes, but is not limited to, a person that renders 
medical, financial, legal, accounting, insurance, fiducia1y or investment services. 
Charitable contributions may not be used to determine whether or not a tribal member is 
domiciled on tribal land. 
Sec. G-2. 36 MRSA §5102, sub-§6, as amended by PL 2007, c. 240, Pt. KKKI<., 
§6 and affected by §7, is further amended by enacting a new last blocked paragraph to read: 
"Corporation" does not include the Passamaquoddy Tribe, the Penobscot Nation, the 
Houlton Band of Maliseet Indians or a corporation organized by the Passamaquoddy Tribe, 
the Penobscot Nation or the Houlton Band of Maliseet Indians under Section 17 of the 
federal Indian Reorganization Act, 25 United States Code, Section 5124. 
Sec. G-3. 36 MRSA §5122, sub-§1, WP is enacted to read: 
PP. For a tribal member residing on tribal land and for an estate of a decedent who at 
the time of death was a tribal member residing on tribal land, the absolute value of the 
Maine adjusted gross income derived from or connected with sources on tribal land as 
determined under section 5132 if the net amount is less than zero. 
Sec. G-4. 36 MRSA §5122, sub-§2, ~ 
is enacted to read: 
XX. For a tribal member residing on tribal land and for an estate of a decedent who at 
the time of death was a tribal member residing on tribal land, the Maine adjusted gross 
income derived from or connected with sources on tribal land as determined under 
section 5132 if the net amount is greater than zero. 
Sec. G-5. 36 MRSA §5132 is enacted to read: 
§5132. Income or loss from sources on tribal land 
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1. General. The Maine adjusted gross income of a tribal member derived from or 
connected with sources on tribal land is the sum of the following amounts: 
A. The net amount of items of income, gain, loss and deduction entering into the tribal 
member's federal adjusted gross income that are derived from or connected with 
sources on tribal land including: 
(1) The tribal member's distributive share of partnership or limited liability 
company income and deductions derived from or connected with sources on tribal 
land determined following the methods for sourcing income to this State under 
section 5192, except that subsections 2 to 6 of this section and not section 5142 
apply under section 5192, subsection 1; 
(2) The tribal member's share of estate or trust income and deductions derived from 
or connected with sources on tribal land determined following the methods for 
sourcing income to this State under section 5176, except that subsections 2 to 6 of 
this section and not section 5142 apply under section 517 6, subsection 1; and 
(3) The tribal member's pro rata share of the income of an S corporation derived 
from or connected with sources on tribal land; and 
B. The portion of the modifications described in section 5122, subsections 1 and 2 that 
relates to income derived from or connected with sources on tribal land, including any 
modifications attributable to the tribal member as a partner of a partnership, 
shareholder of an S corporation, member of a limited liability company or beneficiaiy 
of an estate or trust. 
2. Attribution. Items of income, gain, loss and deduction derived from or connected 
with sources within tribal land are those items attributable to: 
A. The ownership or disposition of any interest in real or tangible personal prope1ty 
on tribal land; 
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B. A business, trade, profession or occupation carried on within tribal land; and 
C. Proceeds from any gambling activity conducted on tribal land or lottery tickets 
purchased on tribal land, including payments received from a 3rd party for the transfer 
of the rights to future proceeds related to any such gambling activity or lottery tickets, 
except that proceeds from Maine State Lottery tickets, including payments received 
from a 3rd party for the transfer of the rights to future proceeds related to the lotte1y 
tickets, are not derived from or connected with sources on tribal land. 
3. 
Intangibles. 
Income from intangible personal property including annuities, 
dividends, interest and gains from the disposition of intangible personal· prope1ty 
constitutes income derived from sources within tribal land only to the extent that such 
income is from prope1ty employed in a business, trade, profession or occupation carried on 
within tribal land. 
4. Gain or loss on sale of partnership interest. Notwithstanding subsection 3, the 
gain or loss on the sale of a pa1inership interest is sourced to tribal land in an amount equal 
to the gain or loss multiplied by the ratio obtained by dividing the original cost of 
partnership tangible property located on tribal land by the original cost of partnership 
tangible prope1ty everywhere, determined at the time of the sale. Tangible prope1ty 
includes property owned or rented and is valued in accordance with section 5211, 
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subsection 10. If more than 50% of the value of the partnership's assets consists of 
intangible property, gain or loss from the sale of the partnership interest is sourced to tribal 
land in accordance with the property and payroll factors of the partnership for its first full 
tax period immediately preceding the tax period of the partnership during which the 
partnership interest was sold. For purposes of this subsection, the property and payroll 
factors of a partnership are determined in accordance with chapter 821. This subsection 
does not apply to the sale of a limited partner's interest in an investment partnership where 
more than 80% of the value of the partnership's total assets consists of intangible personal 
property held for investment, except that such property cannot include an interest in a 
partnership unless that partnership is itself an investment partnership. 
If the apportionment provisions of this subsection do not fairly represent the extent of the 
partnership's business activity on tribal land, the taxpayer may petition for, or the State Tax 
Assessor may require, in respect to all or any pait of the partnership's business activity the 
employment of any other method to effectuate an equitable apportionment to tribal land of 
the partner's income from the sale of the partnership interest. 
5. Deductions for losses. Deductions with respect to capital losses, net long-term 
capital gains and net operating losses must be based solely on income, gains, losses and 
deductions derived from or connected with sources on tribal land, under regulations to be 
prescribed by the assessor, but otherwise must be determined in the same manner as the 
co11'esponding federal deductions. 
6. Apportionment. If a business, trade, profession or occupation is carried on partly 
within and partly without tribal land, the items of income and deduction derived from or 
connected with sources within tribal land must be determined as apportioned to tribal land 
according to the following methods: 
A. Except as provided in paragraph B, according to the methods for app01tioning 
income to this State under chapter 821, except that instead of app01tioning income to 
tribal land using the sales factor pursuant to section 5211, subsection 8, income is 
apportioned to tribal land by multiplying the income by a fraction, the numerator of 
which is the property factor plus the payroll factor and the denominator of which is 2: 
or 
B. In the case of the rendering of purely personal services by a tribal member, 
according to the methods established in regulations to be prescribed by the assessor. 
Sec. G-6. Application. This Part applies to tax years beginning on or after January 
1, 2023. 
PARTH 
Sec. H-1. Rulemaking. The Department of Administrative and Financial Services, 
Bureau of Revenue Services may adopt rules to implement Parts C, D, E, F and G of this 
Act. Rules adopted under this section may include, but are not limited to, rules specifying 
reporting requirements and the maintenance by the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians and provision to the bureau of lists of 
each tribe's respective tribal land, tribal members, tribal entities and corporations organized 
under Section 17 of the federal Indian Reorganization Act, 25 United States Code, Section 
5124. Rules adopted pursuant to this section are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
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PART I 
Sec. 1-1. Legislative findings and purpose. The Legislature finds and declares, 
with respect to the regulatmy structure established for sports wagering in Part J of this Act, 
that: 
1. If conducted by federally recognized Indian tribes in the State, mobile sports 
wagering will serve as an effective economic development tool for tribal governments and 
tribal members and provide economic stimulus to rural areas of the State; 
2. Authorizing the federally recognized Indian tribes in the State to conduct mobile 
sports wagering is fair and equitable because those Indian tribes previously have been 
excluded from conducting most forms of gaming in the State; 
3. If conducted by licensed off-track betting facilities, commercial tracks and casinos, 
facility-based sports wagering will support the harness racing industry and agricultural 
interests that support the harness racing industry; and 
4. Off-track betting facilities, commercial tracks and casinos are well suited to conduct 
facility-based sports wagering because of their infrastructure and experience with the 
conduct of wagering in the State. 
PARTJ 
Sec. J-1. 7 MRSA §86, sub-§8, as enacted by PL 2005, c. 563, §3, is amended to 
read: 
8. Maximum allowed distribution from Stipend Fund. A licensee may not receive 
a stipend from the Stipend Fund greater than the amount actually raised and spent by the 
licensee on premiums and gratuities in the classes provided in subsection 5. A licensee 
may not receive a stipend from the Stipend Fund in excess of $10,000, except that this 
limitation does not apply to any additional stipend provided for by Title 8, section 287 or 
to funds distributed from the Fair Fund er in accordance with section 85, the Agricultural 
Fair Support Fund in accordance with section 91 or the Agricultural Fair Promotion Fund 
in accordance with section 103. 
Sec. J-2. 7 MRSA §103 is enacted to read: 
§103. Agricultural Fair Promotion Fund 
1. 
Eligible nonprofit organization defined. As used in this section, "eligible 
nonprofit organization" means a nonprofit organization that is exempt from federal income 
taxation under Section 501(a) of the United States Internal Revenue Code of 1986 as an 
organization described by Section 501(c) and that has had, for at least the preceding 25 
years, a sole or prima1y purpose of promoting agricultural fairs in the State. 
2. Identification of eligible nonprofit organizations. On January 1st and July 1st of 
each year, the commissioner shall send a list of all eligible nonprofit organizations to the 
Treasurer of State, 
3. Fund created. The Treasurer of State shall establish an account to be known as 
"the Agricultural Fair Promotion Fund" and shall credit to it all money received under Title 
8, section 1218, subsection 1, paragraph E. The fund is a dedicated, nonlapsing fund. All 
revenues deposited in the fund must be disbursed in accordance with this section. 
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4. Distribution. On January 31st and July 31st of each year, all amounts credited to 
the fund established pursuant to this section as of the last day of the preceding month and 
not distributed before that day must be distributed by the Treasurer of State in equal shares 
to each organization in the State that has been identified by the commissioner as an eligible 
nonprofit organization under subsection 2. 
Sec. J-3. 8 MRSA §290, as enacted by PL 1997, c. 528, §46, is amended to read: 
§290. Purse supplement 
1. Payment. Amounts received pursuant to section 1218. subsection 1. paragraph C 
and amounts calculated as purse supplement share under section 286 must be paid to the 
commission for distribution as provided in subsection 2. 
2. Distribution. On May 30th, September 30th and Janua1y 30th, payments made 
amounts received under this subsection and subsection 1 for distribution in accordance with 
this subsection must be divided among the licensees conducting live racing in the State. 
The amount of the payment made to a licensee is calculated by dividing multiplying the 
amount of money available for distribution by a fraction, the numerator of which is the 
number of race dates on which that licensee conducted live racing in any calendar year ey 
and the denominator of which is the total number of race dates on which all licensees 
conducted live racing in that year. Beginning Janumy 30, 1997, the Janumy 30th payment 
must be adjusted to reflect the dates when live racing was actually conducted during the 
previous year, not the dates granted. 
Sec. J-4. 8 MRSA §1003, sub-§5, as repealed and replaced by PL 2017, c. 475, Pt. 
A, § 11, is amended to read: 
5. Additional duties of the director. The director also serves as the director of the 
Gambling Control Unit, established as a bureau within the Department of Public Safety 
under Title 25, section 2902, subsection 12. As director of the unit, the director shall 
administer and enforce the laws governing fantasy contests under chapter 33, sports 
wagering under chapter 35 and beano and games of chance under Title 17, chapters 13-A 
and 62, respectively. 
Sec. J-5. 8 MRSA §1104, sub-§2, as enacted by PL 2017, c. 303, §2, is amended 
to read: 
2. Certain leagues and contests prohibited. A fantasy contest operator may not offer 
a fantasy contest based on the performances of participants in collegiate or high school 
athletic events or other athletic events involving pmticipants under 18 years of age. 
Sec. J-6. 8 MRSA c. 35 is enacted to read: 
CHAPTER35 
REGULATION OF SPORTS WAGERING 
§1201. Authorization of sports wagering; license required 
Notwithstanding any provision of law to the contrary. the operation of spo1ts wagering 
and ancillary activities are lawful when conducted in accordance with the provisions of this 
chapter and the rules adopted under this chapter. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .:b "to H.P. 428, L.D, 585 
A person or entity may not engage in any activities in this State that require a license 
under this chapter unless all necessary licenses have been obtained in accordance with this 
chapter and rules adopted under this chapter. 
§1202. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Adjusted gross sports wagering receipts. 
"Adjusted gross sports wagering 
receipts" means an operator's gross receipts from spmts wagering less the total of all 
winnings paid to patrons, which includes the cash equivalent of any merchandise or thing 
of value awarded as a prize, and less excise tax payments remitted to the Federal 
Government. 
2. Collegiate sports or athletic event. "Collegiate sports or athletic event" means a 
sports or athletic event offered or sponsored by, or played in connection with, a public or 
private institution that offers postsecondary educational services. 
3. Commissioner. "Commissioner" means the Commissioner of Public Safety. 
4. Department. "Department" means the Department of Public Safety. 
5. Director. "Director" means the director of the Gambling Control Unit within the 
department. 
6. Facility operator. "Facility operator" means a facility sports wagering licensee 
under subsection 7, paragraph A. 
7. License. "License" means any license applied for or issued by the director under 
this chapter, including, but not limited to: 
A. A facility spmts wagering license under section 1206 to conduct sports wagering 
in which wagers are placed within a physical location in this State; 
B. A mobile sports wagering license under section 1207 to permit a mobile operator 
to operate spmts wagering through an approved mobile application or other digital 
platform that involves, at least in patt, the use of the Internet; 
C. A supplier license under section 1208 to sell goods and services to be used in 
connection with sports wagering, but not to directly accept wagers; 
D. A management services license under section 1209 to manage sports wagering on 
behalf of a facility sports wagering licensee or a mobile sports wagering licensee; and 
E. An occupational license under section 1210 to be employed by a facility sports 
wagering licensee or a mobile sports wagering licensee to operate sports wagering 
when the employee performs duties in futtherance of or associated with the operation 
of spo1ts wagering. 
8. Mobile operator. "Mobile operator" means a mobile spo1ts wagering licensee 
under subsection 7, paragraph B. 
9. Operator. "Operator" includes a facility operator and a mobile operator. 
10. Professional sports or athletic event. "Professional spmts or athletic event" 
means an event at which 2 or more persons participate in sports or athletic contests and 
receive compensation in excess of actual expenses for their participation in the event. 
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11. Prohibited sports event. "Prohibited sports event" means a high school sp01ts or 
athletic event. any other event in which a majority of the pa1ticipants are under 18 years of 
age or a collegiate spotts or athletic event in which any Maine collegiate sports team 
participates, regardless of where the event takes place. "Prohibited sports event" does not 
include any game or match that is patt of a tournament in which a Maine collegiate sports 
team participates, as long as a Maine collegiate sports team does not patticipate in that 
particular game or match. 
12. Sports event. "Spo1ts event" means any professional spo1ts or athletic event, 
collegiate sports or athletic event or amateur sports or athletic event. including but not 
limited to an Olympic or international sports or athletic event, a motor vehicle race or an 
electronic sports event. commonly referred to as "e-sports. 
13. Sports governing body. "Sports goveming body" means an organization that is 
headquartered in the United States and prescribes final rules and enforces codes of conduct 
with respect to a sports event and patticipants in the sports event. 
14. Sports wagering. "Sports wagering" means the business of accepting wagers on 
sports events or portions of sports events, the individual performance statistics of athletes 
in a spo1ts event or a combination of any of the same by any system or method of wagering 
approved by the director, including. but not limited to, in person on the property of a facility 
operator or via a mobile operator's mobile applications and digital platforms that use 
communications technology to accept wagers. "Spotts wagering" does not include the sale 
of pari-mutuel pools authorized under chapter 11 or the operation of fantasy contests as 
defined in section 1101, subsection 4. 
15. Wager. "Wager" means a sum of money or thing of value risked on an uncertain 
occurrence. 
§1203. Powers and duties of director 
1. Powers and duties. In administering and enforcing this chapter, the director: 
A. Has the power to regulate the conduct of sports wagering; 
B. Shall determine the eligibility of a person to hold or continue to hold a license, shall 
issue all licenses and shall maintain a record of all licenses issued under this chapter; 
C. Shall levy and collect all fees. civil penalties and tax on adjusted gross sports 
wagering receipts imposed by this chapter, except as otherwise provided under this 
chapter; 
D. May sue to enforce any provision of this chapter or any rule of the director by civil 
action or petition for injunctive relief; 
E. May hold hearings, administer oaths and issue subpoenas or subpoenas duces tecum 
in the manner provided by applicable law: and 
F. May exercise any other powers necessatyto effectuate the provisions of this chapter 
and the rules of the director. 
2. Rules. The director shall adopt rules governing the conduct of spo1ts wagering in 
the State, which must, at a minimum, include the following: 
A. Additional qualifications and procedures for obtaining a facility sports wagering 
license, supplier license, management services license, mobile sports wagering license 
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or occupational license. including the job classifications subject to the occupational 
license requirement; 
B. Additional qualifications and procedures for obtaining a tempora1y facility sports 
wagering license. temporaiy supplier license, temporary management services license 
and temporary mobile sports wagering license; 
C. The methods of operation of sports wagering. including but not limited to the 
permitted systems and methods of wagers; the use of credit and checks by persons 
making wagers; the types of wagering receipts that may be used; the method of issuing 
receipts; the prevention of spo1ts wagering on prohibited sports events; the protection 
of patrons placing wagers; and the promotion of social responsibility and responsible 
gaming and display of information on resources for problem gambling at a facility 
operator's premises or on any mobile application or digital platform used to place 
wagers; 
D. If the director determines that establishment of a maximum wager is necessary for 
the protection of public safety, the maximum wager that may be accepted from any one 
person on a single sports event; 
E. Standards for the adoption of comprehensive house rules governing sports wagering 
by operators and the approval of house rules by the director as required under section 
1211; 
F. Minimum design and security requirements for the physical premises of facility 
operators in which sports wagering is conducted. including but not limited to minimum 
requirements for the acceptance of wagers at a self-serve kiosk located on the premises 
and minimum required methods for verifying the identity and age of a person who 
places a wager with a facility operator, for verifying that the person making a wager is 
not prohibited from making a wager under section 1213 and for requiring the refund of 
any wager determined to have been placed by a person prohibited from making a wager 
under section 1213; 
G. Minimum design and security requirements for mobile applications and digital 
platforms for the acceptance of wagers by mobile operators, including required 
methods for verifying the age and identity of a person who places a wager with a mobile 
operator, for verifying that the person making the wager is physically located in the 
State and is not prohibited from making a wager under section 1213 and for requiring 
the refund of any wager determined to have been placed by a person prohibited from 
making a wager under section 1213; 
H. The types of interested parties, including sports team or league employees or 
owners, from whom operators are prohibited from accepting wagers under section 
1213, subsection 4; 
I. Minimum design, security, testing and approval requirements for spo1ts wagering 
equipment, systems or services sold by suppliers licensed under section 1208; 
J. Minimum requirements for a contract between a management services licensee 
under section 1209 and an operator on whose behalf the management services licensee 
conducts spo1ts wagering, including but not limited to requirements that the person 
providing management services be licensed prior to entering a contract; that the 
contract be approved by the director prior to the conduct of spo1ts wagering; that, if the 
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COMMITTEE AMENDMENT :b" to H.P. 428, L.D. 585 
management services licensee contracts with more than one operator, the contract 
include a condition requiring the management services licensee to employ a method 
approved by the director for separately accounting for each operator's gross receipts 
from sports wagering and adjusted gross sports wagering receipts: and that the contract 
not authorize the person providing management services to receive more than 30% of 
the operator's adjusted gross sports wagering receipts, except that the director may 
approve a contract authorizing the management services licensee to receive up to 40% 
of the operator's adjusted gross sports wagering receipts if the director determines that 
the management services licensee has demonstrated that the fee is commercially 
reasonable given the management services licensee's capital investments and the 
operator's projected adjusted gross sports wagering receipts: 
K. Establishment of a list of persons who are not authorized to place a wager on a 
sports event, including but not limited to those persons who voluntarily request that 
their names be included on the list of unauthorized persons. The rules adopted under 
this paragraph must define the standards for involuntary placement on the list and for 
removal from the list: 
L. 
Minimum internal control standards for operators and management services 
licensees, including but not limited to procedures for safeguarding assets and revenues: 
the recording of cash and evidence of indebtedness: the maintenance of reliable 
records, accounts and reports of transactions, operations and events; required audits; 
and the content and frequency of reports of sports wagering activities and revenues that 
must be made to the director: and 
M. Restrictions on the advertisement and marketing of spo1ts wagering, including but 
not limited to prohibiting misleading, deceptive or false advertisements: requiring an 
operator to disclose its status as a commercial track, casino or off-track betting facility 
licensed in the State or a federally recognized Indian tribe or a business entity wholly 
owned by a federally recognized Indian tribe in the State: and restricting, to the extent 
permissible, advertising that has a high probability of reaching persons under 21 years 
of age or that is specifically designed to appeal paiticularly to persons under 21 years 
of age. 
3. Rulemaking. Rules adopted by the director pursuant to this chapter are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
§1204. Application; criminal history background check 
1. Application. An application for a license or for renewal of a license required under 
this chapter must be submitted on a form or in a format approved by the director. An 
application submitted to the director must, at a minimum, include the following: 
A. The full name, current address and contact information of the applicant; 
B. Disclosure of each person that has control of the applicant as described in subsection 
2_;_ 
C. Consent to permit the director to conduct a criminal history record check in 
accordance with subsection 3 of the applicant and each person disclosed under 
paragraph B in accordance with procedures established by the director: 
D. For the applicant and each person disclosed under paragraph B, a record of previous 
issuances and denials of or any adverse action taken against a gambling-related license 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :D" to H.P. 428, L.D. 585 
or application under this Title or in any other jurisdiction. For purposes of this 
paragraph, "adverse action" includes, but is not limited to, a condition resulting from 
an administrative, civil or criminal violation, a suspension or revocation of a license or 
a voluntary surrender of a license to avoid or resolve a civil, criminal or disciplinaiy 
action; and 
E. Any additional information required by the director by rule. 
2. Persons that have control. The following persons are considered to have control 
of an applicant or a licensee: 
A. Each corporate holding company, parent company or subsidiary company of a 
corporate applicant or licensee and each person that owns 10% or more of the corporate 
applicant or licensee and that has the ability to control the activities of the corporate 
applicant or licensee or elect a majority of the board of directors of that corporate 
applicant or licensee, except for a bank or other licensed lending institution that holds 
a mortgage or other lien acquired in the ordinary course of business: 
B. Each person associated with a noncorporate applicant or licensee that directly or 
indirectly holds a beneficial or proprietaiy interest in the noncorporate applicant's or 
licensee's business operation or that the director otherwise determines has the ability to 
control the noncorporate applicant or licensee: and 
C, Key personnel of an applicant or licensee, including any executive, employee or 
agent, having the power to exercise significant influence over decisions concerning any 
part of the applicant's or licensee's relevant business operation. 
3. Criminal history record check. The director shall l'equest a criminal history record 
check in accordance with this subsection for each applicant for initial licensure and each 
person required to be disclosed by the applicant for initial licensure under subsection 1, 
paragraph B. The director may require a criminal histo1y record check in accordance with 
this subsection from a licensee seeking to renew a license, from any person the licensee is 
required to disclose under subsection 1, paragraph B as part of the license renewal 
application and from any person identified by the licensee under subsection 4. A criminal 
history record check conducted pursuant to this subsection must include criminal history 
record information obtained from the Maine Criminal Justice Information System 
established in Title 16, section 631 and the Federal Bureau of Investigation. 
A. Criminal history record info1mation obtained from the Maine Criminal Justice 
Information System pursuant to this subsection must include a record of public criminal 
history record information as defined in Title 16, section 703, subsection 8, 
B. 
Criminal hist01y record information obtained from the Federal Bureau of 
Investigation pursuant to this subsection must include other state and national criminal 
history record information. 
C. An individual required to submit to a criminal hist01y record check under this 
subsection shall submit to having the individual's fingerprints taken. The State Police, 
upon payment by the individual of the fee required under paragraph E, shall take or 
cause to be taken the individual's fingerprints and shall immediately forward the 
fingerprints to the Depa1tment of Public Safety, Bureau of State Police, State Bureau 
of Identification. Any person who fails to transmit criminal fingerprint records to the 
COMMITTEE AMENDMENT 
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State Bureau ofidentification pursuant to this paragraph is subject to the provisions of 
Title 25, section 1550. 
D. 
The Department of Public Safety, Bureau of State Police, State Bureau of 
Identification shall conduct the state and national criminal history record checks 
required under this subsection. Except for the portion of a payment, if any, that 
constitutes the processing fee for a criminal histo1y record check charged by the Federal 
Bureau of Investigation, all money received by the State Police under this subsection 
must be paid to the Treasurer of State, who shall apply the money to the expenses 
incurred by the Department of Public Safety in the administration of this subsection. 
E. The director shall by rule set the amount of the fee to be paid for each criminal 
history record check required to be performed under this subsection. 
F. The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal hist01y record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709. 
G. State and national criminal history record information obtained by the director 
under this subsection may be used only for the purpose of screening an applicant for a 
license or a license renewal under this chapter. 
H. All criminal hist01y record information obtained by the director pursuant to this 
subsection is confidential, is for the official use of the director only and may not be 
disseminated by the director or disclosed to any other person or entity except as 
provided in paragraph F. 
I. The director, after consultation with the Depmtment of Public Safety, Bureau of 
State Police, State Bureau of Identification, shall adopt rules to implement this 
subsection. 
4. Material change to application. A person licensed under this chapter shall give 
the director written notice within 30 days of any material change to any information 
provided in the licensee's application for a license or renewal, including any change in the 
identity of persons considered to have control of the licensee as described in subsection 2. 
5. Gambling Control Unit employees prohibited. An employee of the Gambling 
Control Unit within the department may not be an applicant for a license issued under this 
chapter. 
§1205. Denial of license; administrative sanctions 
1. Grounds for denial of license or imposition of administrative sanctions. The 
following are grounds for the director to deny a license or license renewal or for the 
imposition of administrative sanctions, in accordance with this section, on a person licensed 
under this chapter: 
A. If the applicant or licensee has knowingly made a false statement of material fact 
to the director; 
B. If the applicant or licensee has not disclosed the existence or identity of other 
persons that have control of the applicant or licensee as required by section 1204, 
subsections 1 and 4; 
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C. If the applicant or licensee has had a license revoked by any govemment authority 
responsible for regulation of gaming activities; 
D. If the applicant, the licensee or a person having control of the applicant or licensee 
under section 1204, subsection 2 is not of good moral character. In determining 
whether the applicant, licensee or person is of good moral character, the director shall 
consider qualities that include but are not limited to honesty, candor, trustw01thiness, 
diligence, reliability, observance of fiduciary and financial responsibility and respect 
for the rights of others; 
E. If the applicant, the licensee or a person having control of the applicant or licensee 
under section 1204, subsection 2: 
(1) Has, in any jurisdiction, been convicted of or pled guilty or nolo contendere to 
a crime punishable by one year or more of imprisonment: 
(2) Has, in any jurisdiction, been adjudicated of committing a civil violation or 
been convicted of a criminal violation involving dishonesty, deception, 
misappropriation or fraud: 
(3) Has engaged in conduct in this State or any other iurisdiction that would 
constitute a violation of this chapter: chapter 11 involving gambling: chapter 31: 
chapter 33: Title 17, chapter 13-A or 62: Title 17-A, chapter 39; or substantially 
similar offenses in other jurisdictions: 
( 4) Is a fugitive from justice, a drug user, a person with substance use disorder, an 
illegal alien or a person who was dishonorably discharged from the Armed Forces 
of the United States: or 
(5) Is not current in filing all applicable tax returns and in the payment of all taxes, 
penalties and interest owed to this State, any other state or the United States 
Internal Revenue Service, excluding items under fonnal appeal: 
F. If the applicant or licensee has not demonstrated to the satisfaction of the director 
sufficient financial assets to meet the requirements of the licensed business or proposed 
business and to meet any financial obligations imposed by this chapter; 
G. If the applicant, the licensee or a person having control of the applicant or licensee 
under section 1204, subsection 2 has not demonstrated financial responsibility. For the 
purposes of this paragraph, "financial responsibility" means a demonstration of a 
current and expected future condition of financial solvency sufficient to satisfy the 
director that the applicant, the licensee or the person can successfully engage in 
business without jeopardy to the public health, safety and welfare. 
Financial 
responsibility may be detennined by an evaluation of the total history conceming the 
applicant, the licensee or the person, including past, present and expected condition 
and record of financial solvency, business record and accounting and managerial 
practices: 
H. If the applicant or licensee has not met the requirements of this chapter: or 
I. If the applicant or licensee has violated any provision of this chapter or of the rules 
adopted under this chapter. 
2, Denial of initial license or renewed license; notice; hearing. The director may 
deny an application for a license or for renewal of a license for the reasons set forth in 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENTY" to H.P. 428, L.D, 585 
subsection 1. The director shall notify the applicant or the licensee in writing of the 
decision and of the opportunity to request a hearing conducted by the commissioner. 
If the applicant or licensee fails to request a hearing within 30 days of the date that the 
notice was mailed under this subsection, the director may issue a final decision denying the 
application for a license or for renewal of a license. If the applicant or licensee makes a 
timely request for a hearing, the commissioner shall conduct an adjudicat01y hearing in 
accordance with Title 5, chapter 375, subchapter 4. The director's decision to deny the 
license or license renewal stands until the commissioner issues a decision to uphold, modify 
or overrule the director's decision, 
After hearing, if the commissioner finds grounds for denying a license or license renewal 
under subsection L the commissioner may deny the application for a license or for renewal 
of a license. 
3. Investigation of complaints; notice; hearing. The director or the director's 
designee shall investigate a complaint on the director's own motion or upon receipt of a 
written complaint regarding noncompliance with or violation of this chapter or of any rules 
adopted under this chapter. Following the investigation, the director may mail the licensee 
a notice of violation informing the licensee of the administrative sanction under subsection 
the director proposes to impose and of the licensee's opportunity to request a hearing, 
If the licensee fails to request a hearing within 30 days of the date that a notice was mailed 
under this subsection, the director may issue a final decision imposing the sanction 
proposed in the notice. 
If the licensee makes a timely request for a hearing, the 
commissioner shall conduct an adjudicatory hearing in accordance with Title 5, chapter 
375, subchapter 4. If, after the hearing, the commissioner finds that the factual basis of the 
complaint is true and is of sufficient gravity to warrant further action, the commissioner 
may impose an administrative sanction under subsection 4. 
4. Administrative sanctions. The director or the commissioner may, pursuant to 
subsection 3, impose the following administrative sanctions on a licensee: 
A. A written reprimand; 
B. Conditions of probation of a license; 
C. A license suspension: 
D. A license revocation: or 
E. A civil penalty of up to $25,000 per violation of any provision of this chapter or 
rule adopted pursuant to this chapter. 
5. Appeals. A person aggrieved by the final decision of the commissioner under 
subsection 2 or 3 may appeal the commissioner's decision to the Superior. Court in 
accordance with Title 5, chapter 375, subchapter 7. 
§1206. Facility sports wagering license 
1. Issuance of license. The director shall issue a facility sports wagering license upon 
finding that the applicant meets all requirements of this section, sections 1204 and 1205 
and rules adopted under this chapter. The director may issue no more than 10 facility sports 
wagering licenses under this section. 
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2. Eligibility; transfer prohibited, To be eligible to receive a facility sports wagering 
license, an applicant must be: 
A. A commercial track as defined in section 27 5-A, subsection 1; 
B. A casino in Oxford County licensed under section 101 L subsection 2-A, paragraph 
A; or 
C. An off-track betting facility licensed under section 275-D or Public Law 2019, 
chapter 626, section 16. 
Each off-track betting facility may receive only one facility sports wagering license under 
this section. A facility spmts wagering license may not be transferred or assigned. 
3. Authority to conduct sports wagering; management services permitted. A 
facility sp01ts wagering license granted by the director pursuant to this section grants a 
licensee lawful authority to conduct sports wagering in which wagers are placed within a 
physical location controlled by the licensee in the State within the terms and conditions of 
the license and any rules adopted under this chapter. A facility spo1ts wagering licensee 
may contract with a management services licensee under section 1209. 
4. Fees. The fee for an initial or renewed facility spmts wagering license is $4,000 
and must be retained by the director for the costs of administering this chapter. In addition 
to the license fee, the director may charge a processing fee for an initial or renewed license 
in an amount equal to the projected cost of processing the application and performing any 
background investigations. If the actual cost exceeds the projected cost, an additional fee 
may be charged to meet the actual cost. If the projected cost exceeds the actual cost, the 
difference may be refunded to the applicant or licensee. 
5. Term of license. Except as provided in subsection 6, a license granted or renewed 
under this section is valid for 4 years unless sooner revoked by the director or the 
commissioner under section 1205. The failure of a facility sp01ts wagering licensee to 
maintain its underlying off-track betting license voids the facility sports wagering license. 
6. Temporary license. An applicant for a facility sports wagering license may submit 
with the application a request for a tempora1y license. A request for a tempora1y license 
must include the initial license fee of $4,000. If the director determines that the applicant 
is qualified under subsection 2, meets the requirements established by mle for a tempora1y 
license and has paid the initial license fee and the director is not aware of any reason the 
applicant is ineligible for a license under this section, the director may issue a temporary 
facility sp01ts wagering license. A temporruy license issued under this subsection is valid 
for one year or until a final determination on the facility sp01ts wagering license application 
is made, whichever is sooner. If after investigation the director determines that the 
applicant is eligible for a facility sports wagering license under this chapter, the director 
shall issue the initial facility sp01ts wagering license, at which time the tempora1y license 
terminates. The initial facility spo1ts wagering license is valid for 4 years from the date 
that the temporary license was issued by the director. Sports wagering conducted under 
authority of a temporaiy license must comply with the facility operator's house rules 
adopted under section 1211. 
7. Occupational license required. A facility spo1ts wagering licensee, including a 
temporary licensee under subsection 6, may conduct sports wagering only through persons 
holding a valid occupational license under section 1210. 
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8. Municipal control. Nothing in this chapter may be construed to restrict the 
authority of municipalities under municipal home rule provisions of the Constitution of 
Maine, including zoning and public safety authority. 
§1207. Mobile sports wagering license 
1. Issuance of license. The director shall issue a mobile sports wagering license upon 
finding that the applicant meets all requirements of this section, sections 1204 and 1205 
and rules adopted under this chapter. 
2. Eligibility; transfer to wholly owned entity. To be eligible to receive a mobile 
sports wagering license, an applicant must be a federally recognized Indian tribe in this 
State. Each federally recognized Indian tribe may receive only one mobile sports wagering 
license under this section. A mobile sports wagering license may not be transferred or 
assigned, except that a federally recognized Indian tribe may transfer its mobile sports 
wagering license to a business entity with a principal place of business in the State that is 
wholly owned by that federally recognized Indian tribe. 
3. Authority to conduct sports wagering; management services permitted. A 
mobile sports wagering license granted by the director pursuant to this section grants a 
licensee lawful authority to conduct sports wagering in which wagers are placed by persons 
who are physically located in the State through any mobile applications or digital platforms 
approved by the director within the terms and conditions of the license and any rules 
adopted under this chapter. A mobile sports wagering licensee may contract with no more 
than one management services licensee under section 1209. 
4. Fees. The fee for an initial or renewed mobile sports wagering license is $200,000 
and must be retained by the director for the costs of administering this chapter. In addition 
to the license fee, the director may charge a processing fee for an initial or renewed license 
in an amount equal to the projected cost of processing the application and performing any 
background investigations. If the actual cost exceeds the projected cost, an additional fee 
may be charged to meet the actual cost. If the projected cost exceeds the actuai cost, the 
difference may be refunded to the applicant or licensee. 
5. Term of license. Except as provided in subsection 6, a license granted or renewed 
under this section is valid for 4 years unless sooner revoked by the director or the 
commissioner under section 1205. 
6. Temporary license. An applicant for a mobile spo1ts wagering license may submit 
with the application a request for a temporaiy license. A request for a temporary license 
must include the initial license fee of$200,000. If the director determines that the applicant 
is qualified under subsection 2, meets the requirements established by rule for a tempora1y 
license and has paid the initial license fee and the director is not aware of any reason the 
applicant is ineligible for a license under this section, the director may issue a temporary 
mobile spo1ts wagering license. A temporary license issued under this subsection is valid 
for one year or until a final determination on the mobile sports wagering license application 
is made, whichever is sooner. If after investigation the director determines that the 
applicant is eligible for a mobile sp01ts wagering license under this chapter, the director 
shall issue the initial mobile sports wagering license, at which time the temporaty license 
terminates. The initial mobile sports wagering license is valid for 4 years from the date 
that the temporary license was issued by the director. Sp01ts wagering conducted under 
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authority of a tempora1y license must comply with the mobile operator's house rules 
adopted under section 1211. 
7. Occupational license required. A mobile sports wagering licensee, including a 
temporary licensee under subsection 6, may conduct spo1ts wagering only through persons 
holding a valid occupational license under section 1210. 
§1208. Supplier license 
1. Issuance of license; eligibility. The director shall issue a supplier license upon 
finding that the applicant meets all requirements of this section, sections 1204 and 1205 
and rules adopted under this chapter. 
2. 
Equipment. An applicant for a supplier license shall demonstrate that the 
equipment, systems or services that the applicant plans to offer to an operator conform to 
standards established by rule by the director. The director may accept approval by another 
jurisdiction that is specifically determined by the director to have similar equipment 
standards as evidence the applicant meets the standards established by the director by rule. 
3. Authority to supply operators. A supplier license granted by the director pursuant 
to this section grants a licensee lawful authority to sell or to lease sports wagering 
equipment. systems or services to operators in the State within the terms and conditions of 
the license and any rules adopted under this chapter. 
4. Fees. The fee for an initial or renewed supplier license is $40,000 and must be 
retained by the director for the costs of administering this chapter. In addition to the license 
fee, the director may charge a processing fee for an initial or renewed license in an amount 
equal to the projected cost of processing the application and performing any background 
investigations. If the actual cost exceeds the projected cost, an additional fee may be 
charged to meet the actual cost. If the projected cost exceeds the actual cost, the difference 
may be refunded to the applicant or licensee. 
5. Term of license. Except as provided in subsection 6, a license granted or renewed 
under this section is valid for 4 years unless sooner revoked by the director or the 
commissioner under section 1205. 
6. Temporary license. An applicant for a supplier license may submit with the 
application a request for a temporary license. A request for a temporaiy license must 
include the initial license fee of $40,000. If the director determines that the applicant is 
qualified under subsection 2, meets the requirements established by rule for a tempora1y 
license and has paid the initial license fee and the director is not aware of any reason the 
applicant is ineligible for a license under this section, the director may issue a tempora1y 
supplier license. A tempora1y license issued under this subsection is valid for one year or 
until a final determination on the supplier license application is made, whichever is sooner. 
If after investigation the director determines that the applicant is eligible for a supplier 
license under this chapter, the director shall issue the initial supplier license, at which time 
the temporary license terminates. The initial supplier license is valid for 4 years from the 
date that the temporary license was issued by the director. 
7. Inventory. A supplier licensee shall submit to the director a list of all spo1ts 
wagering equipment, systems and services sold or leased to, delivered to or offered to an 
operator in this State as required by the director, all of which must be tested and approved 
by an independent testing laboratory approved by the director. An operator may continue 
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to use supplies acquired from a licensed supplier if the supplids license subsequently 
expires or is otherwise revoked, unless the director finds a defect in the supplies. 
§1209. Management services license 
1. Issuance of license; eligibility. The director shall issue a management services 
license upon finding that the applicant meets all requirements of this section, sections 1204 
and 1205 and rules adopted under this chapter and that the applicant has sufficient 
knowledge and experience in the business of operating sp01is wagering to effectively 
conduct sports wagering in accordance with this chapter and the rules adopted under this 
chapter. 
2. Authority to enter contract with operator. A management services licensee may 
contract with an operator to manage sports wagering operations on behalf of the operator 
in accordance with rules adopted under this chapter. 
3. Contract approval; material change in written contract. A person may not 
contract with an operator to conduct sports wagering on behalf of the operator unless the 
person is licensed under this section and the director approves the written contract. A 
management services licensee shall submit to the director any proposed material change to 
the written contract that has been approved by the director under this subsection. A 
management services licensee may not transfer, assign, delegate or subcontract any portion 
of the management services licensee's responsibilities under the contract or any portion of 
the management services licensee's right to compensation under the contract to any other 
person who does not hold a management services license. 
4. Fees. The fee for an initial or renewed management services license is $40,000 and 
must be retained by the director for the costs of administering this chapter. In addition to 
the license fee, the director may charge a processing fee for an initial or renewed license in 
an amount equal to the projected cost of processing the application and performing any 
background investigations. If the actual cost exceeds the projected cost, an additional fee 
may be charged to meet the actual cost. If the projected cost exceeds the actual cost, the 
difference may be refunded to the applicant or licensee. 
5. Term of license. Except as provided in subsection 6, a license granted or renewed 
under this section is valid for 4 years unless sooner revoked by the director or the 
commissioner under section 1205. 
6. Temporary license. An applicant for a management services license may submit 
with the application a request for a temporary license. A request for a tempora1y license 
must include the initial license fee of $40,000. If the director determines that the applicant 
is qualified under subsection 1, meets the requirements established by rule for a temporary 
license and has paid the initial license fee and the director is not aware of any reason the 
applicant is ineligible for a license under this section, the director may issue a temporary 
management services license. A temporary license issued under this subsection is valid for 
one year or until a final determination on the management services license application is 
made, whichever is sooner. If after investigation the director determines that the applicant 
is eligible for a management services license under this chapter, the director shall issue the 
initial management services license, at which time the temporary license terminates. The 
initial management services license is valid for 4 years from the date that the temporaiy 
license was issued by the director. 
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§1210. Occupational license 
1. License required. A person may not be employed by an operator to be engaged 
directly in sports wagering-related activities or otherwise to conduct or operate spo1is 
wagering without a valid occupational license issued by the director under this section. The 
director shall issue an occupational license to a person who meets the requirements of this 
section. section 1204 and section 1205. The director shall by rule establish a process for 
issuance of occupational licenses that is. as far as possible. identical to the process for 
licensing employees of a casino under section 1015. 
2. Authority to be employed in sports wagering. An occupational license authorizes 
the licensee to be employed by an operator in the capacity designated by the director while 
the license is active. The director may establish, by rule. job classifications with different 
requirements to recognize the extent to which a particular job has the ability to affect the 
proper operation of sports wagering. 
3. Application and fee. Except as provided in subsection 5, an applicant shall submit 
any required application forms established by the director and pay a nonrefundable 
application fee of $250. The fee may be paid on behalf of an applicant by the operator. Fees 
paid under this subsection must be retained by the director for the costs of administering 
this chapter. 
4. Renewal fee and form. An occupational licensee must pay a fee of $25 to renew 
the license for a one-year term or a fee of $50 to renew the license for a 3-year te1m. The 
fee may be paid on behalf of the occupational licensee by the operator. In addition to a 
renewal fee, an occupational licensee must annually submit a renewal application on a form 
or in a format approved by the director. Fees paid under this subsection must be retained 
by the director for the costs of administering this chapter. 
5. Exception. An individual who is actively licensed under section 1015 as an 
employee of a casino that has a facility spotis wagering license may obtain or renew a 
license under this section without paying an initial license fee or a renewal license fee under 
this section. 
§1211. Sports wagering house rules 
1. Adoption of house rules. An operator shall adopt comprehensive house rules for 
game play goveming spotis wagering transactions with its patrons. House rules must be 
approved by the director prior to implementation and meet the minimum standards 
established by the director by rule, including. but not limited to, requiring that the house 
rules specify the amounts to be paid on winning wagers and the effect of spotis event 
schedule changes, the circumstances under which the operator will void a wager and 
treatment of errors. late wagers and related contingencies. 
2. 
Advertisement of house rules. 
The house rules, together with any other 
information the director determines to be appropriate, must be adve1iised as required by 
the director by rule and must be made readily available to patrons. 
§1212. Access to premises and equipment 
A licensee under this chapter shall permit the director. the department or a designee of 
the director unrestricted access. during regular business hours. including access to locked 
or secured areas. to inspect any facility and any equipment, prizes, records or other items 
to be used in the operation of sports wagering. 
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§1213. Persons prohibited from making wagers on sports events 
An operator and a management services licensee conducting sports wagering on behalf 
of an operator may not accept a wager on a sports event from the following persons: 
1. Persons under 21 years of age. A person who has not attained 21 years of age; 
2. Sports event participants. An athlete or individual who participates or officiates 
in the sp01is event that is the subject of the wager; 
3. 
Operators and employees. 
An operator or management services licensee; 
directors, officers and employees of an operator or management services licensee; or a 
relative living in the same household as any of these persons. This subsection does not 
prohibit a relative living in the same household as a director, officer or employee of an 
operator or management services licensee from making a sports wager with an unaffiliated 
operator or management services licensee: 
4. Interested parties. A person with an interest in the outcome of the sp01is event 
identified by the director by rule. The interested parties identified by the director by rule 
under this subsection may include, but are not limited to, legal or beneficial owners of or 
employees of a sports team participating in the event or another sp01is team in the same 
league as a sp01is team participating in the event as well as directors, owners or employees 
of the sports league conducting the event: 
5. Unauthorized persons. A person on a list established by rule by the director under 
section 1203, subsection 2, paragraph K of persons who are not authorized to make wagers 
on spo1is events: 
6. Third parties. A person making a wager on behalf of or as the agent or custodian 
of another person: and 
7. 
Regulatory staff. 
An employee of the Gambling Control Unit within the 
department. 
§1214. Certain sports wagers prohibited 
1. Prohibited wagers. An operator may not, with respect to a sports event of a sport 
governing body headquaiiered in the United States, offer or accept wagers on the 
occun·ence of injuries or penalties, the outcome of player disciplinaiy rulings or replay 
reviews. 
2. Request from sports governing body. A sports governing body may submit to the 
director in writing a request to restrict, limit or exclude a certain type, fo1m or category of 
sports wagering with respect to spo1is events of that spo1is governing body if the sports 
governing body believes that that type, form or catego1y of sports wagering with respect to 
sports events of that sports governing body may undermine the integrity or perceived 
integrity of that sports governing body or sp01is events of that sports governing body. The 
director shall request comment from operators on all requests under this subsection. After 
giving due consideration to all comments received, the director shall, upon a demonstration 
of good cause from the sports governing body that the type. form or category of sports 
wagering is likely to undem1ine the integrity or perceived integrity of that spo1is governing 
body or sports events of that sp01is governing body, grant the request. The director shall 
respond to a request concerning a particular event before the start of the event or, if it is not 
feasible to respond before the start of the event, no later than 7 days after the request is 
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made. If the director determines that the sports governing body is more likely than not to 
prevail in successfully demonstrating good cause for its request, the director may 
provisionally grant the request of the sports governing body until the director makes a final 
determination as to whether the sports governing body has demonstrated good cause. 
Absent such a provisional grant by the director, an operator may continue to offer sports 
wagering on sports events that are the subject of that request during the pendency of the 
director's consideration of the request. 
§1215, Abnormal wagering activity 
1. Duty to report. An operator shall, as soon as practicable, report to the director any 
info1mation relating to abnormal wagering activity or patterns that may indicate a concern 
with the integrity of a spotts event or any other conduct that corrupts a wagering outcome 
of a sports event for purposes of financial gain, including match fixing. An operator shall 
concurrently report that information to the relevant spotts governing body. 
2, Cooperation efforts. An operator shall use commercially reasonable effotts to 
cooperate with investigations conducted by sports governing bodies or law enforcement 
agencies, including but not limited to using commercially reasonable efforts to provide or 
facilitate the provision of wagering information. 
3, 
Information confidentiality. 
The director and operators shall maintain the 
confidentiality of information provided by a spo1ts governing body for purposes of 
investigating or preventing the conduct described in this section, unless disclosure is 
otherwise required by the director or by law or unless the sports governing body consents 
to disclosure. 
4. Information use and disclosure. With respect to any information provided by an 
operator to a sports governing body relating to conduct described in this section, a sports 
governing body: 
A. May use such information only for integrity-monitoring purposes and may not use 
the information for any commercial or other purpose: and 
B. Shall maintain the confidentiality of the information, unless disclosure is otherwise 
required by the director or by law or unless the operator consents to disclosure, except 
that the spotts governing body may make disclosures necessary to conduct and resolve 
integrity-related investigations and may publicly disclose such information if required 
by the sports governing body's integrity policies or if determined by the sports 
governing body in its reasonable judgment to be necessary to maintain the actual or 
perceived integrity of its sports events. Prior to any public disclosure that would 
identify the operator by name. the sports governing body shall provide that operator 
with notice of the disclosure and an opportunity to object to the disclosure. 
§1216. Security, maintenance and sharing of wagering records 
1. Records maintenance, An operator shall maintain for 3 years after a sports event 
occurs at least the following records of all wagers placed with respect to that sports event: 
A. Personally identifiable information of each person placing a wager; 
B. The amount and type of each wager; 
C. The time each wager was placed; 
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D. The location of each wager, including the futernet protocol address if applicable; 
E. The outcome of each wager; and 
F. fustances of abnormal wagering activity. 
fu addition, an operator shall maintain video recordings in the case of in-person wagers for 
at least one year after the sports event occurs. An operator shall make the records required 
to be maintained under this subsection available for inspection upon request of the director 
or as required by couit order. 
2. Anonymized information. An operator shall use commercially reasonable efforts 
to maintain, in real time and at the account level, anonymized information regarding a 
person who places a wager and the amount and type of the wager, the time the wager was 
placed, the location of the wager. including the Internet protocol address if applicable, the 
outcome of the wager and records of abnormal wagering activity. The director may request 
that information in the form and manner required by rule. Nothing in this subsection 
requires an operator to provide any information that is prohibited by federal or state law. 
including without limitation laws and rules relating to privacy and personally identifiable 
information. 
3. Records monitoring. If a sports governing body has notified the director that 
access to the information described in subsection 2 for wagers placed on sports events of 
that sports governing body is necessary to monitor the integrity of that sports governing 
body's sports events. and the spo1ts governing body represents to the director that it 
specifically uses that data for the purpose of monitoring the integrity of sp01ts events of 
that sports governing body. then an operator shall share, in a commercially reasonable 
frequency. form and manner. with the sports governing body or its designee the same 
information the operator is required to maintain under subsection 2 with respect to sports 
wagers on sports events of that sp01ts governing body. A sports governing body and its 
designee may use information received under this subsection only for integrity-monitoring 
purposes and may not use information received under this subsection for any commercial 
or other purpose. 
Nothing in this subsection requires an operator to provide any 
information if prohibited by federal or state law. including without limitation laws and rules 
relating to privacy and personally identifiable information. 
4. Security. An operator shall use commercially reasonable methods to maintain the 
security of wagering data. customer data and other confidential information from 
unauthorized access and dissemination. Nothing in this chapter precludes the use of 
Internet-based or so-called cloud-based hosting of that data and information or disclosure 
as required by law. 
§1217. Interception of sports wagering 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 suppo1t debt" means child support debt that has been liquidated by judicial 
or administrative action. 
&. "Department" means the Department of Health and Human Services. 
C. "Licensee" means a facility operator, a mobile operator or a management services 
licensee under section 1209. 
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D. "Registry operator" means the department or an entity with which the department 
enters into a contract to maintain the registry pursuant to subsection 3. 
E. 
11Winner
means a spmis wagering patron to whom cash is returned as winnings for 
placement of a sports wager. 
2. Interception. A licensee shall intercept spmis wagering 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 suppmi debt. The department 
shall regularly enter into the registry information including: 
A. The name and social security number of each individual with outstanding child 
suppo1t debt: 
B. The account number or identifier assigned by the department to the outstanding 
child suppmt 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 registty 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 registty, 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 administt·ative 
hearing. 
C. If the registry operator informs the licensee that the winner is not listed in the 
registty or if the licensee is unable to obtain information from the registty 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 registty operator info1ms 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 suppott 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 depatiment has a valid lien upon and claim 
of lien against the winnings in the amount of the winner's outstanding child support debt. 
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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 ofreceipt 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 post-liquidation events have affected the 
winner's liability. The administrative hearing decision constitutes final agency action. 
9. Authorization to provide information. Notwithstanding any provision of law to 
the contrary, the licensee may provide to the department or registty operator any 
information necessary to effectuate the intent of this section. The department or registty 
operator may provide to the licensee any information necessaty to effectuate the intent of 
this section. 
10. Confidentiality of information. The infmmation obtained by the department or 
registty operator from a licensee pursuant to this section and the information obtained by 
the licensee from the department or regist1y 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 registty 
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 depatiment under this section, together with 
costs. interest and reasonable attorney's fees. 
12. Biennial review. The department shall include in its report to the Legislature 
under section 1066 the following information: 
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 
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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. 
§1218. Allocation of funds 
1. Tax imposed; allocation of funds. An operator shall collect and distribute 28.5% 
of adjusted gross sports wagering receipts to the director to be forwarded by the director to 
the Treasurer of State for distribution as follows: 
A. One percent of the adjusted gross sports wagering receipts must be deposited in the 
General Fund for the administrative expenses of the Gambling Control Unit within the 
department; 
B. One percent of the adjusted gross sports wagering receipts must be deposited in the 
Gambling Addiction Prevention and Treatment Fund established by Title 5, section 
20006-B; 
C. Fifty-five hundredths of 1 % of the adjusted gross spmts wagering receipts must be 
paid to the State Harness Racing Commission for distribution as described in section 
290, subsection 2; 
D. Fifty-five hundredths of 1 % of the adjusted gross spo1ts wagering receipts must be 
deposited in the Sire Stakes Fund established in section 281: 
E. Four-tenths of 1 % of the adjusted gross sports wagering receipts must be deposited 
in the Agricultural Fair Promotion Fund established pursuant to Title 7, section 103; 
and 
F. 
Twenty-five percent of the adjusted gross sports wagering receipts must be 
deposited in the General Fund. 
2. Due dates; late payments. The director 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. 
§1219. Applicability of other laws 
1. Authorized conduct. The provisions of Title 17, chapter 62 and Title 17-A, chapter 
do not apply to sports wagering conducted in accordance with this chapter and the rules 
adopted under this chapter. 
2. Unlicensed conduct. A person who engages in an activity for which a license is 
required under this chapter and who does not possess the required license to engage in that 
activity is subject to any criminal or civil penalties that may be imposed pursuant to Title 
17-A, chapter 39. 
3. Unauthorized conduct by licensees. In addition to any penalties that may be 
imposed pursuant to section 1205, a licensee who conducts sp01ts wagering in violation of 
this chapter or the rules adopted under this chapter is subject to any criminal or civil 
penalties that may be imposed pursuant to Title 17-A, chapter 39. 
Sec. J-7. 17-A MRSA §951, as amended by PL 2017, c. 284, Pt. KKKKK, §32, is 
fmther amended to read: 
§951. Inapplicability of chapter 
COMMITTEE AMENDMENT 
~as. 
COMMITTEE AMENDMENT :.b" to H.P. 428, L.D. 585 
Any person licensed or registered by the Gambling Control Unit as provided in Title 
17, chapter 13-A or chapter 62, or authorized to operate or conduct a raffle pursuant to Title 
17, section 1837-A, or licensed to operate sports wagering pursuant to Title 8, chapter 35 
is exempt from the application of the provisions of this chapter insofar as that person's 
conduct is within the scope of the license or registration. 
Sec. J-8. 25 MRSA §1542-A, sub-§1, 1Z is enacted to read: 
Z. Who is required to have a criminal history record check under Title 8, section 1204. 
Sec. J-9. 25 MRSA §1542-A, sub-§3, ~ 
is enacted to read: 
Y. The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph Z at the request of that person or the director of the Gambling 
Control Unit within the Depaitment of Public Safety and upon payment of the fee 
established by the director of the Gambling Control Unit pursuant to Title 8, section 
1204, subsection 3. 
Sec. J-10. 30 MRSA Pt. 5 is enacted to read: 
PARTS 
FEDERALLY RECOGNIZED INDIAN TRIBES 
CHAPTER 701 
RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES 
§8001. Mobile gaming 
1. Legislative purpose. The Legislature finds and declares that the conduct of mobile 
gaming will, if conducted by federally recognized Indian tribes in the State, serve as an 
effective economic development tool for tribal governments and provide economic 
stimulus to rural areas of the State. The purpose of this section is to ensure that each 
federally recognized Indian tribe in this State has the right to conduct all forms of mobile 
gaming newly authorized in this State on or after the effective date of this section. 
2. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Gambling" has the same meaning as in Title 17-A, section 952, subsection 4. 
B. "Lawful gambling activity" means any type of gambling authorized under the laws 
of this State, including, but not limited to, the gambling activities described in Title 8, 
section 1001, subsection 15. 
C. "Mobile gaming" means lawful gambling activity conducted through mobile 
applications or other digital platforms that involve, at least in pait, the use of the 
Internet. 
3. Authority to conduct mobile gaming. Notwithstanding any provision of law to 
the contrary, a federally recognized Indian tribe in this State has the same right as any other 
person or entity to obtain any license, permit or registration to conduct mobile gaming 
COMMITTEE AMENDMENT 
~as 
COMMITTEE AMENDMEN~" to H.P. 428, L.D. 585 
under a law of this State enacted on or after the effective date of this section as long as the 
federally recognized Indian tribe meets all of the qualifications for the license, permit or 
registration, except that the federally recognized Indian tribe is not required to meet any 
requirement: 
A. That the federally recognized Indian tribe is unable to meet due to its status as a 
federally recognized Indian tribe: or 
B. That an applicant possess another type of gambling or wagering license, registration 
or permit. 
Sec. J-11. Emergency rules. The director of the Gambling Control Unit within the 
Depattment of Public Safety may adopt emergency rules under the Maine Revised Statutes, 
Title 5, section 8054 as necessary to implement this Part without the necessity of 
demonstrating that immediate adoption is necessary to avoid a threat to public health, safety 
or general welfare. 
PARTK 
Sec. K-1. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Gambling Control Board Z002 
Initiative: Provides funding for one Public Safety Manager II position, one Public Safety 
Inspector I position and associated All Other costs. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
TREASURER OF STATE, OFFICE OF 
Maliseet Sales Tax Fund N952 
2021-22 
0.000 
$0 
$0 
$0 
2021-22 
$0 
$0 
2022-23 
2.000 
$194,445 
$12,578 
$207,023 
2022-23 
$207,023 
$207,023 
Initiative: Establishes the Maliseet Sales Tax Fund to collect and remit sales tax collected 
on Houlton Band Trust Land. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2021-22 
$0 
$0 
COMMITTEE AMENDMENT 
2022-23 
$500 
$500 
~0$ 
COMMITTEE AMENDMENT.i)" to H.P. 428, L.D. 585 
Penobscot Sales Tax Fund N951 
Initiative: Establishes the Penobscot Sales Tax Fund to collect and remit sales tax collected 
on Penobscot Indian territory. 
OIBER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
TREASURER OF STATE, OFFICE OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
$0 
2022-23 
$500 
$500 
2022-23 
$1,000 
$1,000 
2022-23 
$207,023 
$1,000 
$208,023 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is a minority report of the committee, replaces the bill. 
Part A of the amendment enacts the Tribal-State Collaboration Act, which requires the 
Department of Agriculture, Conservation and Forestry, the Department of Corrections, the 
Department of Economic and Community Development, the Department of Education, the 
Department of Environmental Protection, the Depaitment of Health and Human Services, 
the Department of Inland Fisheries and Wildlife, the Department of Labor, the Department 
of Public Safety, the Department of Administrative and Financial Services, the Department 
of Professional and Financial Regulation, the Department of Defense, Veterans and 
Emergency Management, the Depaitment of Marine Resources, the Depa1tment of 
Transportation, the Office of the Public Advocate and the Public Utilities Commission each 
to designate a tribal liaison and to develop and implement a policy that promotes positive 
government-to-government relations between the State and federally recognized Indian 
tribes within the State, promotes cultural competency in the agency's interactions with 
Indian tribes and tribal members and establishes a process for collaboration between the 
agency and Indian tribes regarding the agency's programs, rules and services that 
substantially and uniquely affect the Indian tribes or tribal members. The Act also directs 
the Governor to meet at least annually with the leaders of the Indian tribes in a Tribal-State 
Summit to address issues of mutual concern, including implementation of the Tribal-State 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT :D" to H.P. 428, L.D. 585 
Collaboration Act, improving communication between the State and the Indian tribes and 
implementation of the requirement to include Maine Native American studies in the 
Department of Education's system of learning results. 
Part A of the amendment also includes the Houlton Band of Maliseet Indians within 
the list of parties that may join an interlocal cooperation agreement under the Maine 
Revised Statutes, Title 30-A, chapter 115. 
Part B of the amendment establishes that the legislative purposes of Parts C to Hof this 
amendment, which amend the State's tax laws, are to improve the economic opp01tunities 
available to and welfare of the Penobscot Nation, the Passamaquoddy Tribe and the 
Houlton Band of Maliseet Indians and their tribal members; to encourage economic 
development within the tribal lands of the Penobscot Nation, the Passamaquoddy Tribe and 
the Houlton Band of Maliseet Indians, the benefits of which will accrue not only to the 
tribes and their tribal members but also to surrounding communities and the State; and to 
clarify and simplify the application of the State's tax laws to the Penobscot Nation, the 
Passamaquoddy Tribe and the Houlton Band of Maliseet Indians as well as to their tribal 
lands and tribal members, in order to reduce the costs of tax compliance to the tribes and 
their members and to reduce the cost to the State of administering its tax laws. 
Part C of the amendment defines several terms, including "Houlton Band Trust Land," 
"Passamaquoddy Indian territory," "Penobscot Indian territ01y,
"tribal entity," "tribal 
land" and "tribal member," for purposes of implementing the amendments to the State's tax 
laws set forth in Patts D to Hof the amendment. It also provides that the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians are deemed to act 
in a governmental capacity and not in a business capacity for purposes of applying the 
State's sales tax and income tax laws and are therefore exempt from these taxes. 
Patt D of the amendment: 
1. Creates an exemption to the State's sales tax for sales to the Houlton Band ofMaliseet 
Indians, the Passamaquoddy Tribe or the Penobscot Nation for sales occurring on or after 
January 1, 2023; and 
2. Creates an exemption to the State's sales tax for sales to tribal members or tribal 
entities that are sourced to tribal lands for sales occurring on or after January 1, 2023, but 
provides that the use tax applies to such sales if the exempt property or service is used 
primarily outside of tribal land during the first year after purchase. 
Under current law, the amount of sales tax revenue collected by the State attributable 
to sales occurring on the Passamaquoddy reservations at Pleasant Point and Indian 
Township is returned by the Treasurer of State to the Passamaquoddy Tribe on a monthly 
basis. Patt E expands this provision to provide for the return to the Passamaquoddy Tribe 
of sales tax revenue collected by the State attributable to sales occurring on all of the 
Passamaquoddy Indian territo1y and provides for a similar return to the Houlton Band of 
Maliseet Indians and to the Penobscot Nation of sales tax revenue collected by the State 
attributable to sales occmTing on Houlton Band Trust Land or Penobscot Indian territory, 
respectively. 
Part F of the amendment exempts tribal land from the commercial forestry excise tax; 
exempts wild blueberries grown on tribal land from the wild blueberry tax; and exempts 
potatoes grown on tribal land from the potato tax, all effective January 1, 2023. 
COMMITTEE AMENDMENT 
~o& 
COMMITTEE AMENDMENT j) "to H.P. 428, L.D. 585 
Patt G of the amendment provides that the Passamaquoddy Tribe, the Penobscot 
Nation, the Houlton Band of Maliseet Indians and a tribal corporation organized by the 
Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians 
under Section 17 of the federal Indian Reorganization Act are not subject to the Maine 
corporate income tax. It also creates income tax modifications for tribal members residing 
on tribal land and for the estates of a decedent who was a tribal member residing on tribal 
land for the amount of income or loss derived from or connected with sources on tribal 
land. The provisions of Patt G apply to tax years beginning on or after January 1, 2023. 
Part H of the amendment authorizes the Department of Administrative and Financial 
Services, Bureau of Revenue Services to adopt routine technical rnles to implement the 
provisions of Parts C to G of the amendment. 
Part I of the amendment sets forth the legislative findings and purposes underlying Patt 
J of the amendment, which legalizes and establishes a regulatory framework for sports 
wagering in the State. With respect to mobile sports wagering, the Legislature finds that, 
if conducted by federally recognized Indian tribes in the State, mobile sports wagering will 
serve as an effective economic development tool for tribal governments and tribal members 
and will provide economic stimulus to rural areas of the State; that authorizing the federally 
recognized Indian tribes in the State to conduct mobile spo1ts wagering is fair and equitable 
because those Indian tribes previously have been excluded from conducting most forms of 
gaming in the State; that the conduct of facility-based sports wagering by licensed 
commercial tracks, the Oxford Casino and off-track betting facilities will support the 
harness racing industty and agricultural interests that support the harness racing industry; 
and that off-track betting facilities are well suited to conduct facility-based sports wagering 
because of their infrastructure and experience with similar forms of wagering in the State. 
Part J of the amendment allows a licensed fantasy contest operator to offer a fantasy 
contest based on the performances of patticipants in collegiate athletic events and 
authorizes the Department of Public Safety, Gambling Control Unit to regulate sports 
wagering in the State. 
Up to 10 total facility spo1ts wagering licenses to conduct in-person sports wagering in 
the State may be awarded to licensed off-track betting facilities, commercial tracks, 
including the Bangor Raceway, and the Oxford Casino, each of which may apply for a 
single facility license. Each of the State's 4 federally recognized Indian tribes is eligible to 
apply for a single mobile sports wagering license to conduct sports wagering through which 
individuals physically located within the State make wagers using mobile applications or 
digital platforms. Facility spo1ts wagering licenses and mobile sp01ts wagering licenses are 
nontransferable, except that a federally recognized Indian tribe may transfer its mobile 
sports wagering license to a business entity that is wholly owned by that federally 
recognized Indian tribe. The 4-year initial and renewal fee for a facility sports wagering 
license is $4,000 and the 4-year initial and renewal fee for a mobile sports wagering license 
is $200,000. 
Facility sports wagering licensees and mobile spo1ts wagering licensees, referred to in 
the amendment as operators, may purchase or lease equipment, systems or services for 
sports wagering from entities with a supplier license, whose equipment, systems or services 
must meet standards established by rule. Operators may also enter into written contracts, 
approved by the director of the Gambling Control Unit within the Department of Public 
Safety, with management services licensees that have sufficient lmowledge and experience 
COMMITTEE AMENDMENT 
~o'b 
COMMITTEE AMENDMENT :1)" to H.P. 428, L.D. 585 
in the business of operating sports wagering to effectively conduct sports wagering on 
behalf of operators. Each mobile operator may enter into a contract with no more than one 
management services licensee. If a management services licensee enters into a contract 
with more than one operator, its method for separately accounting for each operator's gross 
receipts and adjusted gross sports wagering receipts from each operator must be approved 
by the director. The fee paid by an operator to a management services licensee may not 
exceed 30% of the operator's adjusted gross sports wagering receipts, except that the 
director may approve a contract authorizing the management services licensee to receive 
up to 40% of the operator's adjusted gross sports wagering receipts if the director 
determines that the management services licensee has demonstrated that the fee is 
commercially reasonable given the management services licensee's capital investments and 
the operator's projected revenues. A person employed by an operator to be engaged directly 
in sports wagering-related activities must be licensed by the Gambling Control Unit. 
Operators may accept wagers on professional, collegiate and amateur spo1ts events, 
including international events, as well as on the individual performances of athletes, on 
motor vehicle races and on electronic sports. Sports wagers are prohibited on high school 
events, other events where a majority of participants are under 18 years of age and events 
involving Maine-based colleges and universities, except that a wager may be placed on a 
game or match that is part of a tournament in which a Maine collegiate sports team 
participates, as long as a Maine collegiate sports team does not paiticipate in that particular 
game or match. Operators also may not accept wagers on the occurrence of injuries or 
penalties, the outcome of player disciplinary rulings or replay reviews and additional 
categories of spmts wagers that, upon the request of the relevant sports governing body, 
the director determines will undermine the integrity or perceived integrity of the spmts 
governing body or its sports events. 
Operators may not accept sports wagers from individuals under 21 years of age; 
patticipants in the sports event, including athletes and officials; persons with an interest in 
the outcome of the sports event identified by the director by rule; the operator's own 
directors or employees or persons living in their households; persons voluntarily or 
involuntarily placed on a list maintained by the Gambling Control Unit of persons not 
authorized to make sports wagers; persons making wagers on behalf of another person; and 
Gambling Control Unit employees. Mobile sports wagering licensees are also prohibited 
from accepting spmts wagers from persons who are not physically located within the State. 
The amendment also requires that the director adopt rules governing the marketing or 
adve1tising of sports wagering requiring that an operator disclose that it is a licensed 
commercial track, licensed casino, licensed off-track betting facility, federally recognized 
Indian tribe in the State or business entity wholly owned by a federally recognized Indian 
tribe in the State; prohibiting the use of misleading, deceptive or false sports wagering 
advertising; and restricting, to the extent permissible, the marketing or advertising of sports 
wagering that is designed to reach or to appeal to persons under 21 years of age. Operators 
are also required to repmt abnormal wagering activity to the director and to the relevant 
spmts governing body. 
Operators must remit 28.5% of their adjusted gross sports wagering receipts to the 
State. One percent of adjusted gross spo1ts wagering receipts must be deposited in the 
General Fund for the administrative expenses of the Gambling Control Unit; 1 % of the 
adjusted gross spo1ts wagering receipts must be deposited in the Gambling Addiction 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENry" to H.P. 428, L.D. 585 
Prevention and Treatment Fund; 0.55% of the adjusted gross spmis wagering receipts must 
be distributed by the State Harness Racing Commission to entities that conduct live harness 
racing in the State; 0.55% of the adjusted gross sports wagering receipts must be deposited 
in the Sire Stakes Fund; and 0.4% of the adjusted gross sports wagering receipts must be 
deposited in the Agricultural Fair Promotion Fund, which is established in the amendment 
to provide monetary support to eligible nonprofit organizations that have had, for at least 
the preceding 25 years, a sole or primary purpose of promoting agricultural fairs in the 
State. The remaining 25% of adjusted gross spotis wagering receipts remitted to the State 
must be deposited in the General Fund. 
The amendment establishes that each federally recognized Indian tribe in this State has 
the right to conduct mobile gaming under any law of the State authorizing such mobile 
gaming that is enacted on or after the effective date of this legislation. 
Part K adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/05/22 feae!-
LD585 
LR 1337(05) 
An Act To Restore to the Penobscot Nation and Passamaquoddy Tribe the Authority To Exercise 
Jurisdiction under the Federal Tribal Law and Order Act of 2010 
Fiscal Note for Bill as Amended by Committee Amendment 'D' cH- /OJ~) 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
$0 
$0 
$0 
$0 
$0 
FY 2022-23 
($2,369,577) 
$207,023 
$1,000 
$2,576,600 
$127,025 
Projections 
FY2023-24 
($979,663) 
$281,112 
$1,000 
$1,260,775 
$32,844 
Projections 
FY 2024-25 
($1,059,814) 
$222,200 
$1,000 
$1,282,014 
$37,036 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases filed in the comt system does not require additional funding at this time. The collection 
of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill authorizes the Gambling Control Unit (GCU) within the Department of Public Safety to regulate mobile 
sports wagering in the State and directs that 28.5% of gross sports wagering facility and mobile revenue be credited to 
the State as follows: 1 % to the GCU for administrative expenses; 1 % to the Gambling Addiction and Prevention 
Treatment Fund; 0.55% to Purse Supplements, 0.55% to the Sire Stakes Fund; 0.4% to the Agricultural Fair 
Promotion Fund established in the bill and the remainder (25% of facility wagering and mobile wagering) to the 
General Fund. Facility and mobile operators will retain the remainder of the gross. Based on assumptions contained 
in the May 2017 Oxford Economics' "Economic Impact of Legalized Sports Betting" report using the criteria of 
convenient availability for mobile wagering, General Fund revenues are estimated to be $1,345,500 in fiscal year 
2022-23 and Other Special Revenue Funds revenues are estimated to be $129,375 in fiscal year 2022-23. 
LR1337(05) - Fiscal Note - Page 1 of2 
This bill includes General Fund appropriations to the Department of Public Safety of $207,023 in fiscal year 2022-23 
for one Public Safety Manager II position, one Public Safety Inspector I position and associated All Other costs. The 
bill creates facility sports wagering licenses, mobile spo1ts wagering licenses, supplier licenses, management service~ 
licenses and employee occupational licenses. License fees are estimated to generate General Fund revenue of 
$1,275,750 in fiscal year 2022-23. License fee revenue assumes eight facility sports wagering licenses, four mobile 
sports wagering licenses, eleven management services licenses, fifty 1-year occupational licenses and fifty 3-year 
occupational licenses. 
The bill exempts income earned and sales made by tribal members on Indian territory or trust land from income and 
sales taxes and will reduce General Fund revenue by $44,650 in fiscal year 2022-23 and $152,000 in fiscal year 2023-
24. It will also reduce Local Government Fund revenue by $2,350 in fiscal year 2022-23 and $8,000 in fiscal year 
2023-24. The bill exempts wild blueberries grown on tribal lands from the blueberry tax and will reduce Other 
Special Revenue Funds revenue by $95,000 beginning in fiscal year 2023-24. The Department of Administrative and 
Financial Services will require a one-time General Fund appropriation of $66,000 in fiscal year 2023-24 for computer 
programming to add lines to the individual, fiduciary and corporate income tax returns. 
The bill creates the Maliseet Sales Tax Fund and the Penobscot Sales Tax Fund to collect and remit sales tax collected 
on Indian territory or tribal lands and provides baseline allocations of $500 to each fund beginning in fiscal year 2022-
23. 
The Maine Indian Tribal-State Commission will incur additional costs as a result of the requirements of this bill. 
While the Commission has sufficient budgeted resources to cover these costs in the current 2022-2023 biennium as a 
result of one-time funding included in Public Law 2021, Chap. 398, ongoing costs from the bill could require 
additional funding in the 2024-2025 biennium. 
Any additional costs to departments and agencies from the provisions of this bill are expected to be minor and can bt. 
absorbed within existing budgeted resources. 
LR1337(05) - Fiscal Note - Page 2 of2