An Act to Create Economic Opportunity for Wabanaki Nations Through Internet Gaming
Maine Legislature, Session 131, LD 1777
Committee: Veterans and Legal Affairs
Sponsors: SUPICA, HICKMAN, RANA, ROEDER, TALBOT ROSS, JACKSON
Amends: 8 MRSA §1202, 8 MRSA §1203, 8 MRSA §1207, 8 MRSA §1217, 17-A MRSA §951, 25 MRSA §1542-A

Legislative Document
No. 1777
H.P. 1140
House of Representatives, April 25, 2023
An Act to Create Economic Opportunity for Wabanaki Nations 
Through Internet Gaming
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SUPICA of Bangor.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: RANA of Bangor, ROEDER of Bangor, Speaker TALBOT ROSS of 
Portland, Senator: President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §1202, sub-§7, ¶B, as enacted by PL 2021, c. 681, Pt. J, §6, is 
repealed.
Sec. 2.  8 MRSA §1202, sub-§7, ¶C, as enacted by PL 2021, c. 681, Pt. J, §6, is 
amended to read:
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; and
Sec. 3.  8 MRSA §1202, sub-§7, ¶D, as enacted by PL 2021, c. 681, Pt. J, §6, is 
repealed.
Sec. 4.  8 MRSA §1202, sub-§7, ¶E, as enacted by PL 2021, c. 681, Pt. J, §6, is 
amended to read:
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 furtherance of or associated with the operation 
of sports wagering.
Sec. 5.  8 MRSA §1202, sub-§8, as enacted by PL 2021, c. 681, Pt. J, §6, is repealed.
Sec. 6.  8 MRSA §1202, sub-§9, as enacted by PL 2021, c. 681, Pt. J, §6, is amended 
to read:
9.  Operator.  "Operator" includes a facility operator and a mobile operator.
Sec. 7.  8 MRSA §1202, sub-§14, as enacted by PL 2021, c. 681, Pt. J, §6, is 
amended to read:
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 sports 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.  "Sports 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.
Sec. 8.  8 MRSA §1203, sub-§2, ¶A, as enacted by PL 2021, c. 681, Pt. J, §6, is 
amended to read:
A.  Additional qualifications and procedures for obtaining a facility sports wagering 
license, supplier license, management services license, mobile sports wagering license 
or occupational license, including the job classifications subject to the occupational 
license requirement;
Sec. 9.  8 MRSA §1203, sub-§2, ¶B, as enacted by PL 2021, c. 681, Pt. J, §6, is 
amended to read:
B.  Additional qualifications and procedures for obtaining a temporary facility sports 
wagering license, temporary supplier license, and temporary management services 
license and temporary mobile sports wagering license;
Sec. 10.  8 MRSA §1203, sub-§2, ¶C, as enacted by PL 2021, c. 681, Pt. J, §6, is 
amended to read:
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 sports 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;
Sec. 11.  8 MRSA §1203, sub-§2, ¶G, as enacted by PL 2021, c. 681, Pt. J, §6, is 
repealed.
Sec. 12.  8 MRSA §1207, as enacted by PL 2021, c. 681, Pt. J, §6, is repealed.
Sec. 13.  8 MRSA §1217, sub-§1, ¶C, as enacted by PL 2021, c. 681, Pt. J, §6, is 
amended to read:
C.  "Licensee" means a facility operator, a mobile operator or a management services 
licensee under section 1209.
Sec. 14.  8 MRSA c. 37 is enacted to read:
CHAPTER 37
REGULATION OF INTERNET GAMING
§1301.  Authorization of Internet gaming; license required
Notwithstanding any provision of law to the contrary, the operation of Internet gaming 
and ancillary activities are lawful when conducted in accordance with the provisions of this 
chapter and the rules adopted under this chapter.
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.
§1302.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Adjusted gross Internet gaming receipts.  "Adjusted gross Internet gaming 
receipts" means an operator's gross receipts from Internet gaming 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.  Commissioner.  "Commissioner" means the Commissioner of Public Safety.
3.  Department.  "Department" means the Department of Public Safety.
4.  Director.  "Director" means the director of the Gambling Control Unit within the 
department.
5.  License.  "License" means any license applied for or issued by the director under 
this chapter, including, but not limited to:
A.  An Internet gaming license under section 1306 to permit an operator to operate 
Internet gaming through an approved application or other digital platform that involves, 
at least in part, the use of the Internet;
B.  A supplier license under section 1307 to sell goods and services to be used in 
connection with Internet gaming, but not to directly accept wagers;
C.  A management services license under section 1308 to manage Internet gaming on 
behalf of an Internet gaming licensee; and
D.  An occupational license under section 1309 to be employed by an Internet gaming 
licensee to operate Internet gaming when the employee performs duties in furtherance 
of or associated with the operation of Internet gaming.
6.  Internet gaming.  "Internet gaming" means a game of skill or chance offered 
through the Internet in which an individual wagers money or something of monetary value 
for the opportunity to win money or something of monetary value.  "Internet gaming" 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.
7. Operator.  "Operator" means a federally recognized Indian nation, tribe or band in 
this State that conducts Internet gaming.
8. Person.  "Person" means an individual or an entity, including but not limited to a 
federally recognized Indian nation, tribe or band in this State.
9.  Wager.  "Wager" means a sum of money or thing of value risked on an uncertain 
occurrence.
§1303.  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 Internet gaming;
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 Internet 
gaming 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 necessary to effectuate the provisions of this chapter 
and the rules of the director.
2.  Rules.  The director shall adopt rules governing the conduct of Internet gaming in 
the State, which must, at a minimum, include the following:
A.  The methods of operation of Internet gaming, 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 protection of patrons placing wagers; and the promotion of social 
responsibility and responsible gaming and display of information on resources for 
problem gambling;
B.  Standards for the adoption of comprehensive house rules governing Internet gaming 
by operators and the approval of house rules by the director as required under section 
1310;
C.  Minimum design and security requirements for applications and digital platforms 
for the acceptance of wagers by operators, including required methods for verifying 
the age and identity of a person who places a wager with an 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 1312 and for requiring the refund of any wager 
determined to have been placed by a person prohibited from making a wager under 
section 1312;
D.  The types of interested parties from whom operators are prohibited from accepting 
wagers under section 1312, subsection 4;
E.  Minimum design, security, testing and approval requirements for Internet gaming 
equipment, systems or services sold by suppliers licensed under section 1307;
F.  Minimum requirements for a contract between a management services licensee 
under section 1308 and an operator on whose behalf the management services licensee 
conducts Internet gaming, 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 Internet gaming; that, if the 
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 Internet gaming and adjusted gross Internet gaming receipts; and that the contract 
not authorize the person providing management services to receive more than 30% of 
the operator's adjusted gross Internet gaming 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 Internet gaming 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 Internet gaming receipts;
G.  Establishment of a list of persons who are not authorized to place a wager, 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;
H.  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 Internet gaming activities and revenues that 
must be made to the director; and
I.  Restrictions on the advertisement and marketing of Internet gaming, including but 
not limited to prohibiting misleading, deceptive or false advertisements; requiring an 
operator to disclose its status as a federally recognized Indian nation, tribe or band in 
this State or a business entity wholly owned by a federally recognized Indian nation, 
tribe or band in this 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 particularly 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.
§1304.  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 
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 disciplinary 
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 proprietary 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 request 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 history 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 information 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 history 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 history 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 Department of Public Safety, Bureau of State Police, State Bureau 
of Identification.  Any person who fails to transmit criminal fingerprint records to the 
State Bureau of Identification 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 history 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 history 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 history 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 Department 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.
§1305.  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 1304, 
subsections 1 and 4;
C.  If the applicant or licensee has had a license revoked by any government 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 1304, 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, trustworthiness, 
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 1304, 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 jurisdiction 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 
undocumented noncitizen 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 formal 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 1304, 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 determined by an evaluation of the total history concerning 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 
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 adjudicatory 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 1, 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.
§1306.  Internet gaming license
1.  Issuance of license.  The director shall issue an Internet gaming license upon finding 
that the applicant meets all requirements of this section, sections 1304 and 1305 and rules 
adopted under this chapter.  The provisions of Title 30, Part 5 apply to the issuance of 
licenses under this chapter.
2.  Eligibility; transfer to wholly owned entity.  To be eligible to receive an Internet 
gaming license, an applicant must be a federally recognized Indian nation, tribe or band in 
this State.  Each federally recognized Indian nation, tribe or band in this State may receive 
only one Internet gaming license under this section.  An Internet gaming license may not 
be transferred or assigned, except that a federally recognized Indian nation, tribe or band 
in this State may transfer its Internet gaming license to a business entity with a principal 
place of business in the State that is wholly owned by that federally recognized Indian 
nation, tribe or band.
3.  Authority to conduct Internet gaming; management services permitted.  An 
Internet gaming license granted by the director pursuant to this section grants a licensee 
lawful authority to conduct Internet gaming in which wagers are placed by persons who 
are physically located in the State through any applications or digital platforms approved 
by the director within the terms and conditions of the license and any rules adopted under 
this chapter.  An Internet gaming licensee may contract with no more than one management 
services licensee under section 1308.
4.  Fees.  The fee for an initial or renewed Internet gaming 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 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 1305.
6.  Temporary license.  An applicant for an Internet gaming license may submit with 
the application a request for a temporary license.  A request for a temporary license must 
include the initial license fee of $200,000.  If the director determines that the applicant 
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 Internet gaming license.  A temporary 
license issued under this subsection is valid for one year or until a final determination on 
the Internet gaming license application is made, whichever is sooner.  If after investigation 
the director determines that the applicant is eligible for an Internet gaming license under 
this chapter, the director shall issue the initial Internet gaming license, at which time the 
temporary license terminates.  The initial Internet gaming license is valid for 4 years from 
the date that the temporary license was issued by the director.  Internet gaming conducted 
under authority of a temporary license must comply with the operator's house rules adopted 
under section 1310.
7.  Occupational license required.  An Internet gaming licensee, including a 
temporary licensee under subsection 6, may conduct Internet gaming only through persons 
holding a valid occupational license under section 1309.
§1307.  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 1304 and 1305 
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 Internet gaming 
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 1305.
6.  Temporary license.  An applicant for a supplier license may submit with the 
application a request for a temporary license.  A request for a temporary 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 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 
supplier license.  A temporary 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 Internet 
gaming 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 
to use supplies acquired from a licensed supplier if the supplier's license subsequently 
expires or is otherwise revoked, unless the director finds a defect in the supplies.
§1308.  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 1304 
and 1305 and rules adopted under this chapter and that the applicant has sufficient 
knowledge and experience in the business of operating Internet gaming to effectively 
conduct Internet gaming 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 Internet gaming 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 Internet gaming 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 1305.
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 temporary 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 temporary 
license was issued by the director.
§1309.  Occupational license
1.  License required.  A person may not be employed by an operator to be engaged 
directly in Internet gaming-related activities or otherwise to conduct or operate Internet 
gaming 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 1304 and section 1305.  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 Internet gaming.  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 Internet gaming.
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 term.  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 may obtain or renew a license under this section without paying an 
initial license fee or a renewal license fee under this section.
§1310.  Internet gaming house rules
1.  Adoption of house rules.  An operator shall adopt comprehensive house rules for 
game play governing Internet gaming 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, 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 advertised as required by 
the director by rule and must be made readily available to patrons.
§1311.  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 Internet gaming.
§1312.  Persons prohibited from making wagers
An operator and a management services licensee conducting Internet gaming on behalf 
of an operator may not accept a wager from the following persons:
1.  Persons under 21 years of age.  A person who has not attained 21 years of age;
2.  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 wager with an unaffiliated 
operator or management services licensee;
3.  Interested parties.  A person with an interest in the outcome of the Internet gaming 
event identified by the director by rule;
4.  Unauthorized persons.  A person on a list established by rule by the director under 
section 1303, subsection 2, paragraph G of persons who are not authorized to make wagers;
5.  Third parties.  A person making a wager on behalf of or as the agent or custodian 
of another person; and
6.  Regulatory staff.  An employee of the Gambling Control Unit within the 
department.
§1313.  Abnormal wagering activity
1.  Duty to report.  An operator shall, as soon as practicable, report to the director any 
information relating to abnormal wagering activity or patterns that may indicate a concern 
with the integrity of the Internet gaming event. 
2.  Cooperation efforts.  An operator shall use commercially reasonable efforts to 
cooperate with investigations conducted by 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 entities involved in the Internet gaming event 
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 entity consents to 
disclosure.
4.  Information use and disclosure.  With respect to any information provided by an 
operator to an entity involved in the Internet gaming event relating to conduct described in 
this section, the entity:
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 entity may make disclosures necessary to conduct and resolve integrity-related 
investigations and may publicly disclose such information if necessary to maintain the 
actual or perceived integrity of the Internet gaming event.  Prior to any public 
disclosure that would identify the operator by name, the entity shall provide that 
operator with notice of the disclosure and an opportunity to object to the disclosure.
§1314.  Security, maintenance and sharing of wagering records
1.  Records maintenance.  An operator shall maintain for 3 years after an Internet 
gaming event occurs at least the following records of all wagers placed with respect to that 
Internet gaming 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;
D.  The location of each wager, including the Internet protocol address if applicable;
E.  The outcome of each wager; and
F.  Instances of abnormal wagering activity.
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 court 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 an entity involved in the Internet gaming event has notified 
the director that access to the information described in subsection 2 for wagers placed on 
Internet gaming events of that entity is necessary to monitor the integrity of that Internet 
gaming event, and the entity represents to the director that it specifically uses that data for 
the purpose of monitoring the integrity of the Internet gaming event, then an operator shall 
share, in a commercially reasonable frequency, form and manner, with the entity or its 
designee the same information the operator is required to maintain under subsection 2 with 
respect to the Internet gaming event.  An entity 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.
§1315.  Interception of Internet gaming winnings to pay child support debt
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Child support debt" means child support debt that has been liquidated by judicial 
or administrative action.
B.  "Department" means the Department of Health and Human Services.
C.  "Licensee" means an operator or a management services licensee under section 
1308.
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.  "Winner" means an Internet gaming patron to whom cash is returned as winnings 
for placement of a wager.
2.  Interception.  A licensee shall intercept Internet gaming winnings to pay child 
support debt in accordance with this section.
3.  Registry.  The department shall create and maintain, or shall contract with a private 
entity to create and maintain, a secure, electronically accessible registry containing 
information regarding individuals with outstanding child support debt.  The department 
shall regularly enter into the registry information including:
A.  The name and social security number of each individual with outstanding child 
support debt;
B.  The account number or identifier assigned by the department to the outstanding 
child support debt;
C.  The amount of the outstanding child support debt; and
D.  Any other information necessary to effectuate the purposes of this section.
4.  Electronic access to information; procedures.  A licensee shall electronically 
access the registry in accordance with this subsection.
A.  Before making a payout of winnings of an amount equal to or greater than the 
amount for which the licensee is required to file a Form W-2G or substantially 
equivalent form with the United States Internal Revenue Service, the licensee shall 
obtain the name, address, date of birth and social security number of the winner and 
shall electronically submit this information to the registry operator.
B.  Upon receipt of information pursuant to paragraph A, the registry operator shall 
electronically inform the licensee whether the winner is listed in the registry.  If the 
winner is listed in the registry, the registry operator shall inform the licensee of the 
amount of the winner's outstanding child support debt and the account number or 
identifier assigned to the outstanding child support debt and shall provide the licensee 
with a notice of withholding that informs the winner of the right to an administrative 
hearing.
C.  If the registry operator informs the licensee that the winner is not listed in the 
registry or if the licensee is unable to obtain information from the registry operator on 
a real-time basis after attempting in good faith to do so, the licensee may make payment 
to the winner.
D.  If the registry operator informs the licensee that the winner is listed in the registry, 
the licensee may not make payment to the winner unless the amount of the payout 
exceeds the amount of outstanding child support debt, in which case the licensee may 
make payment to the winner of the amount of winnings that is in excess of the amount 
of the winner's outstanding child support debt.
5.  Lien against winnings.  If the registry operator informs a licensee pursuant to this 
section that a winner is listed in the registry, the department has a valid lien upon and claim 
of lien against the winnings in the amount of the winner's outstanding child support debt.
6.  Withholding of winnings.  The licensee shall withhold from any winnings an 
amount equal to the amount of the lien created under subsection 5 and shall provide a notice 
of withholding to the winner.  Within 7 days after withholding an amount pursuant to this 
subsection, the licensee shall transmit the amount withheld to the department together with 
a report of the name, address and social security number of the winner, the account number 
or identifier assigned to the debt, the amount withheld, the date of withholding and the 
name and location of the licensee.
7.  Licensee costs.  Notwithstanding subsection 6, the licensee may retain $10 from an 
amount withheld pursuant to this section to cover the cost of the licensee's compliance with 
this section.
8.  Administrative hearing.  A winner from whom an amount was withheld pursuant 
to this section has the right, within 15 days of receipt of the notice of withholding, to request 
from the department an administrative hearing.  The hearing is limited to questions of 
whether the debt is liquidated and whether any 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 registry operator any 
information necessary to effectuate the intent of this section.  The department or registry 
operator may provide to the licensee any information necessary to effectuate the intent of 
this section.
10.  Confidentiality of information.  The information obtained by the department or 
registry operator from a licensee pursuant to this section and the information obtained by 
the licensee from the department or registry operator pursuant to this section are 
confidential and may be used only for the purposes set forth in this section.  An employee 
or prior employee of the department, the registry operator or a licensee who knowingly or 
intentionally discloses any such information commits a civil violation for which a fine not 
to exceed $1,000 may be adjudged.
11.  Effect of compliance; noncompliance.  A licensee, the department and the 
registry operator are not liable for any action taken in good faith to comply with this section.  
A licensee who fails to make a good faith effort to obtain information from the registry 
operator or who fails to withhold and transmit the amount of the lien created under 
subsection 5 is liable to the department for the greater of $500 and the amount the person 
was required to withhold and transmit to the department under this section, together with 
costs, interest and reasonable attorney's fees.
12.  Biennial review.  The department shall 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
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.
§1316.  Allocation of funds
1.  Tax imposed; allocation of funds.  An operator shall collect and distribute 10% of 
adjusted gross Internet gaming 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 Internet gaming 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 Internet gaming receipts must be deposited in the 
Gambling Addiction Prevention and Treatment Fund established by Title 5, section 
20006‑B;
C.  Four percent of the adjusted gross Internet gaming receipts must be deposited in the 
E-9-1-1 fund under Title 25, section 2927, subsection 2-B;
D.  Two percent of the adjusted gross Internet gaming receipts must be deposited in the 
Opioid Use Disorder Prevention and Treatment Fund established under Title 5, section 
20010;
E.  Two percent of the adjusted gross Internet gaming receipts must be deposited in the 
Emergency Housing Relief Fund established under Title 30-A, section 4765; and
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.
§1317.  Applicability of other laws
1.  Authorized conduct.  The provisions of Title 17, chapter 62 and Title 17‑A, chapter 
do not apply to Internet gaming 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 1305, a licensee who conducts Internet gaming 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. 15.  17-A MRSA §951, as amended by PL 2021, c. 681, Pt. J, §7, is further 
amended to read:
§951.  Inapplicability of chapter
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 
or Internet gaming pursuant to Title 8, chapter 37 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. 16.  25 MRSA §1542-A, sub-§1, ¶AA is enacted to read:
AA.  Who is required to have a criminal history background check under Title 8, 
section 1304.
Sec. 17.  25 MRSA §1542-A, sub-§3, ¶Z is enacted to read:
Z.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph AA at the request of that person or the director of the 
Gambling Control Unit within the Department of Public Safety and upon payment of 
the fee established by the director of the Gambling Control Unit pursuant to Title 8, 
section 1304, subsection 3.
SUMMARY
This bill authorizes each federally recognized Indian nation, tribe or band in this State 
to operate Internet gaming pursuant to a license from the Gambling Control Unit within the 
Department of Public Safety.  Only a federally recognized Indian nation, tribe or band in 
this State is eligible to obtain a license and operate Internet gaming.  The licensing structure 
follows the law governing sports wagering.  The law governing sports wagering is also 
amended to remove mobile sports betting, which the bill regulates as Internet gaming.