SP0130, LD 350, item 1, An Act To Amend the Laws Governing Gambling

An Act To Amend the Laws Governing Gambling

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 8 MRSA §1001, sub-§2, as amended by IB 2009, c. 2, §1, is further amended to read:

2. Associated equipment. "Associated equipment" means any component part used, or intended for use, in a slot machine or table game , including, but not limited to, software, integrated circuit chips, printed wired assemblies, printed wired boards, printing mechanisms, video display monitors and metering devices.

Sec. 2. 8 MRSA §1001, sub-§13-A is enacted to read:

13-A. Electronic facsimile. "Electronic facsimile" means a game approved by the board that is played in an electronic or electromechanical format that replicates a table game by incorporating all of the characteristics of the game. "Electronic facsimile" does not include a slot machine.

Sec. 3. 8 MRSA §1001, sub-§20, as amended by IB 2009, c. 2, §7, is further amended to read:

20. Gaming employee. "Gaming employee" means any person connected directly with a gambling facility, including cashiers, change personnel, counting room personnel, hosts, persons who extend credit or offer complimentary services, machine mechanics, security personnel, supervisors or managers. "Gaming employee" also includes employees of a slot machine distributor or , table game distributor or gambling services vendor whose duties are directly involved with repair or distribution of slot machines, gaming devices or table games.

Sec. 4. 8 MRSA §1001, sub-§27, as amended by IB 2009, c. 2, §9, is further amended to read:

27. Key executive. "Key executive" means any executive of a licensee having power to exercise a significant influence over decisions concerning the operation or distribution of slot machines or , table games or gambling services.

Sec. 5. 8 MRSA §1001, sub-§34, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:

34. Payback percentage. "Payback percentage" means the percentage , on an annual average basis, of the total value of money or tokens, credits or similar objects or things of value used to play a slot machine that is returned to players of that slot machine as winnings, prizes or credits.

Sec. 6. 8 MRSA §1001, sub-§36-A, as enacted by PL 2009, c. 266, §1, is amended to read:

36-A. Promotional credit. "Promotional credit" means any noncashable electronic thing of value used solely to play a slot machine that is provided by a slot machine operator or a casino operator to customers and approved by the Gambling Control Board. Promotional credits played by slot machine customers have no value attributed to their use for purposes of calculating gross slot machine income, net slot machine income and payback percentage.

Sec. 7. 8 MRSA §1001, sub-§45, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is repealed.

Sec. 8. 8 MRSA §1003, sub-§2, ¶H, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:

H. Pursuant to subchapter 5, cause the department to investigate all complaints made to the board regarding ownership, distribution or operation of slot machines or table games and all violations of this chapter or rules adopted under this chapter;

Sec. 9. 8 MRSA §1003, sub-§2, ¶L, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:

L. Ensure that the slot machine operator or casino operator does not have access to any system that is capable of programming slot machines;

Sec. 10. 8 MRSA §1003, sub-§3, ¶I, as amended by IB 2009, c. 2, §25, is further amended to read:

I. Establishment of a list of persons who are to be excluded or removed from any slot machine facility or casino, including those persons who voluntarily request that their names be included on the list of excluded persons. These rules must define the standards for exclusion and removal and include standards regarding persons who are career or professional offenders, as defined by rules of the board, whose presence in a slot machine facility or casino would, in the opinion of the board, be inimical to the interest of the State; :

(1) Define the standards for exclusion and removal and include standards regarding persons who are career or professional offenders, as defined by rules of the board, whose presence in a slot machine facility or casino would, in the opinion of the board, be inimical to the interest of the State; and

(2) Provide that, in addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, an excluded person by a licensee as a result of wagers made by the person after the person has been excluded may not be paid to the person but must be remitted by the licensee to the board or its designee for deposit in the General Fund for gambling addiction services;

Sec. 11. 8 MRSA §1004-A, sub-§2, ¶B, as enacted by IB 2009, c. 2, §26, is amended to read:

B. The casino must contain a count room and such other secure facilities as may be required by the board for the counting and storage of cash, coins, tokens, checks, plaques, gaming vouchers, coupons and other devices or items of value used in wagering and approved by the board that are received in the conduct of gaming and for the inspection, counting and storage of dice, cards, chips and other representatives of value. A drop box or other device in which these items are deposited at the gaming tables, and any area in which these boxes and devices are kept while in use, must be equipped with a locking device to which there are 2 keys, one of which must be under the exclusive control of the board and the other of which must be under the exclusive control of the casino operator approved by the board. These drop boxes and other devices may not be brought into or removed from a casino room except at such times, in such places and according to such procedures as the board may require.

Sec. 12. 8 MRSA §1006, sub-§8 is enacted to read:

8. Voluntary exclusion. Records and information obtained or developed by the board as part of establishing and administering the list of persons who voluntarily request exclusion from any slot machine facility or casino are confidential, except that such information may be released with the written consent of the person requesting voluntary exclusion and as is necessary to enforce the voluntary exclusion.

Sec. 13. 8 MRSA §1015, sub-§1, as amended by IB 2009, c. 2, §32, is further amended to read:

1. License required. A person may not be employed by a slot machine operator, casino operator, slot machine distributor, table game distributor or gambling services vendor unless the person is licensed to do so by the board , temporarily authorized as an employee pursuant to subsection 4 or granted a waiver by the board pursuant to subsection 3.

Sec. 14. 8 MRSA §1015, sub-§§4 and 5 are enacted to read:

4. Employees authorized temporarily. A new employee of a slot machine operator, casino operator, slot machine distributor, table game distributor or gambling services vendor is temporarily authorized to work in a position requiring an employee license pursuant to subsection 1 as of the date a completed employee license application is received by the board. A completed employee license application is composed of:

A. The completed form for application for an employee license approved by the board;

B. Two complete sets of the fingerprints of the applicant;

C. The fee for processing the employee license application as prescribed by the board; and

D. The results of the background investigation conducted by the employer.

If the department determines after receiving an employee license application under this subsection that the application is incomplete, it may suspend the new employee's temporary authorization until such time as the new employee files a completed application.

Temporary authorization is not available for renewal of employee licenses.

5. Termination of temporary authorization. Unless suspended or revoked, a temporary authorization under subsection 4 continues until the granting or denial of the new employee's employee license application in accordance with sections 1016, 1017 and 1019 and any applicable rules adopted by the board. An applicant whose temporary authorization is suspended or revoked is not eligible for employment in a position requiring an employee license pursuant to subsection 1 until such time as the suspension or revocation is withdrawn or an employee license is issued.

Sec. 15. 8 MRSA §1016, sub-§1, ¶D, as amended by IB 2009, c. 2, §33, is further amended to read:

D. In the case of a person applying to be a slot machine operator or casino operator, the person has sufficient knowledge and experience in the business of operating slot machines or casinos to effectively operate the slot machine facilities or casino to which the license application relates in accordance with this chapter and the rules and standards adopted under this chapter; and

Sec. 16. 8 MRSA §1016, sub-§1, ¶E, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is repealed.

Sec. 17. 8 MRSA §1016, sub-§1, ¶F, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:

F. If the applicant is a business organization, the applicant is organized in this State, although that business organization may be a wholly or partially owned subsidiary of an entity that is organized pursuant to the laws of another state or a foreign country ; and .

Sec. 18. 8 MRSA §1016, sub-§1, ¶G, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is repealed.

Sec. 19. 8 MRSA §1016, sub-§1-A is enacted to read:

1-A. Further qualifications. In addition to the qualifications set forth in subsection 1, and notwithstanding Title 5, chapter 341, the board may refuse to grant a license if the person has had a gambling-related license application denied or an adverse action taken against a gambling-related license by authorities in this State or any other jurisdiction. For purposes of this subsection, "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. In making a determination under this subsection, the board shall consider whether the person has established sufficient rehabilitation to warrant the public trust.

Sec. 20. 8 MRSA §1016, sub-§2, as amended by PL 2009, c. 487, Pt. B, §3, is further amended to read:

2. Suitability. In addition to the minimum qualifications set forth in subsection 1 and subsection 1-A, a person may not receive a license unless the board determines that the person is suitable and that the public interest is served by granting or renewing the person's license. In making a determination of suitability, the board shall consider whether the person:

A. Is of good moral character. In determining whether a person is of good moral character, the board 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;

B. Has not in any jurisdiction been convicted of or pled guilty or nolo contendere to a crime punishable by one year or more of imprisonment;

C. Has not been adjudicated of committing a civil violation or been convicted of a criminal violation involving dishonesty, deception, misappropriation or fraud;

D. Has not engaged in conduct in this State or any other jurisdiction that would constitute a violation of this chapter, chapter 11 involving gambling, Title 17, chapter 13-A or 62 or Title 17-A, chapter 39 or substantially similar offenses in other jurisdictions;

E. Is not a fugitive from justice, a drug abuser, a drug addict, a drug-dependent person, an illegal alien or a person who was dishonorably discharged from the Armed Forces of the United States;

F. Is 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 Internal Revenue Service, excluding items under formal appeal; and

G. Has 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 board that 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 person, including past, present and expected condition and record of financial solvency, business record and accounting and managerial practices.

Title 5, chapter 341 does not apply to this section.

Sec. 21. 8 MRSA §1016, sub-§3, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:

3. Applicant other than individual. If the person required to meet the minimum qualifications and suitability requirements specified in subsections 1 , 1-A and 2 is a business organization, the key executives, directors, officers, partners, shareholders, creditors, owners and associates of the person must meet the suitability requirements specified in subsection 2.

Sec. 22. 8 MRSA §1017, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, are amended to read:

C. A record of previous issuances and denials of or any adverse action taken against a gambling-related license or application under this chapter 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;

D. All information the board determines is necessary or appropriate to determine whether the applicant satisfies the minimum qualifications specified in section 1016, subsection subsections 1 and 1-A; and

Sec. 23. 8 MRSA §1020, sub-§2, ¶D, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is repealed.

Sec. 24. 8 MRSA §1020, sub-§2, ¶G, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:

G. Must have a minimum average daily aggregate payback percentage of 89% computed for all slot machines operated at each slot machine facility or casino on a weekly basis; and

summary

This bill makes the following changes to the gambling laws.

1. It changes definitions and other provisions of law in order to reflect the addition of casinos.

2. It amends the laws governing the establishment of a list of persons who are to be excluded from a slot machine facility or casino to require the forfeiture of money from the winnings of voluntarily excluded persons and the deposit of this money in the General Fund for gambling addiction services, and to require the protection of the information as confidential of those who voluntarily place themselves on the exclusion list.

3. It changes the way certain keys are handled within casinos.

4. It allows for temporary authorization to allow employees to work in positions for which a license is required during the licensing process.

5. It changes the laws governing when the Gambling Control Board within the Department of Public Safety may refuse to grant a license to a person based on a previous adverse action taken against that person.

6. It removes the requirement that all key executives be citizens or permanent residents of the United States.

7. It removes the requirement that slot machines have nonresettable meters.

SP0130 LD 350	Session - 126th Maine Legislature		LR 437 Item 1
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