Read the full stored bill text
Page 1 - 132LR2128(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 769 - L.D. 1164
An Act to Create Economic Opportunity for the Wabanaki Nations Through
Internet Gaming
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 8 MRSA §1205, sub-§1, ¶E, as enacted by PL 2021, c. 681, Pt. J, §6, is
amended by amending subparagraph (3) to read:
(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; chapter 39; Title 17, chapter 13‑A or 62; Title 17‑A, chapter 39; or
substantially similar offenses in other jurisdictions;
Sec. 2. 8 MRSA §1210, sub-§1, as enacted by PL 2021, c. 681, Pt. J, §6, is amended
to read:
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 sports
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
occupational licenses issued under section 1409 and for licensing employees of a casino
under section 1015.
Sec. 3. 8 MRSA §1210, sub-§5, as enacted by PL 2021, c. 681, Pt. J, §6, is amended
to read:
5. Exception. An individual who is actively licensed under section 1015 as an
employee of a casino that has a facility sports wagering license or who is actively licensed
under section 1409 as an employee of an Internet gaming operator may obtain or renew a
license under this section without paying an initial license fee or a renewal license fee under
this section.
Sec. 4. 8 MRSA c. 39 is enacted to read:
CHAPTER 39
LAW WITHOUT
GOVERNOR'S
SIGNATURE
JANUARY 11, 2026
CHAPTER
538
PUBLIC LAW
Page 2 - 132LR2128(03)
REGULATION OF INTERNET GAMING
§1401. 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.
§1402. 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. Internet gaming. "Internet gaming" means a card game, dice game or other game
of chance approved by the director, including but not limited to blackjack, poker, dice,
craps, roulette or baccarat, offered through an approved mobile application or other digital
platform that involves, at least in part, the use of the Internet. "Internet gaming" does not
include a table game or slot machine under chapter 31; the sale of pari-mutuel pools
authorized under chapter 11; the operation of fantasy contests as defined in section 1101,
subsection 4; mobile sports wagering under chapter 35; or advance deposit wagering as
defined in section 1001, subsection 1-A. Internet gaming is not a game of chance under
Title 17, section 1831, subsection 5.
6. 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 1406 to permit an operator to operate
Internet gaming through an approved mobile application or other digital platform that
involves, at least in part, the use of the Internet;
B. A supplier license under section 1407 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 1408 to manage Internet gaming on
behalf of an Internet gaming licensee; and
D. An occupational license under section 1409 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.
Page 3 - 132LR2128(03)
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.
§1403. 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
1410;
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 1412 and for requiring the refund of any wager
determined to have been placed by a person prohibited from making a wager under
section 1412;
D. The types of interested parties from whom operators are prohibited from accepting
wagers under section 1412, subsection 3;
Page 4 - 132LR2128(03)
E. Minimum design, security, testing and approval requirements for Internet gaming
equipment, systems or services sold by suppliers licensed under section 1407;
F. Minimum requirements for a contract between a management services licensee
under section 1408 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. Provisions allowing individuals to restrict themselves from Internet gaming upon
request by placing themselves on the list pursuant to section 1003, subsection 3,
paragraph I. 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.
§1404. Application; criminal history record 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;
Page 5 - 132LR2128(03)
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,
Page 6 - 132LR2128(03)
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.
§1405. 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:
Page 7 - 132LR2128(03)
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 1404,
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 1404, 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 1404, 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; chapter 35; 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 1404, 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;
Page 8 - 132LR2128(03)
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
4 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.
§1406. Internet gaming license
Page 9 - 132LR2128(03)
1. Issuance of license. The director shall issue an Internet gaming license upon finding
that the applicant meets all requirements of this section, sections 1404 and 1405 and rules
adopted under this chapter. The provisions of Title 30, Part 5 apply to the issuance of
licenses under this chapter. The director shall by rule establish a process for issuance of an
Internet gaming license under this chapter that is, to the extent practicable, identical to the
process for a mobile sports wagering license under section 1207.
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 1408.
4. Fees. The fee for an initial or renewed Internet gaming license is $50,000 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 one year unless sooner revoked by the director or the
commissioner under section 1405.
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 under subsection 4. 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 the length of the term of the
license under subsection 5 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 one year 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 1410.
Page 10 - 132LR2128(03)
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 1409.
§1407. 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 1404 and 1405
and rules adopted under this chapter. The director shall by rule establish a process for
issuance of a supplier license under this chapter that is, to the extent practicable, identical
to the process for a supplier license under section 1208.
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 $10,000 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 one year unless sooner revoked by the director or the
commissioner under section 1405.
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 under subsection 4. 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 supplier license. A temporary license issued under this subsection is valid for
the length of the term of the license under subsection 5 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 one year 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
Page 11 - 132LR2128(03)
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.
§1408. 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 1404
and 1405 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. The director shall by rule establish a process for issuance of a management
services license under this chapter that is, to the extent practicable, identical to the process
for a management services license under section 1209.
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 $10,000 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 one year unless sooner revoked by the director or the
commissioner under section 1405.
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 under subsection 4. 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 the length of the term of the license under subsection 5 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
Page 12 - 132LR2128(03)
management services license, at which time the temporary license terminates. The initial
management services license is valid for one year from the date that the temporary license
was issued by the director.
§1409. 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 1404 and section 1405. The director shall by rule establish a process for
issuance of occupational licenses that is, to the extent practicable, identical to the process
for occupational licenses issued under section 1210 and 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 that has a facility sports wagering license or who is actively licensed
under section 1210 as an employee of a facility sports wagering licensee or mobile sports
wagering licensee may obtain or renew a license under this section without paying an initial
license fee or a renewal license fee under this section.
§1410. 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.
§1411. Access to premises and equipment
Page 13 - 132LR2128(03)
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.
§1412. 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 1403, 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.
§1413. 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
Page 14 - 132LR2128(03)
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.
§1414. 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; 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, 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
Page 15 - 132LR2128(03)
Internet-based or so-called cloud-based hosting of that data and information or disclosure
as required by law.
§1415. 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
1408.
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.
Page 16 - 132LR2128(03)
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
Page 17 - 132LR2128(03)
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.
§1416. Allocation of funds
1. Tax imposed; allocation of funds. An operator shall collect and distribute 18% of
the adjusted gross Internet gaming receipts to the director to be forwarded by the director
to the Treasurer of State for distribution as follows:
A. Two percent of the adjusted gross Internet gaming receipts must be deposited in the
Gambling Control Unit administrative expenses Other Special Revenue Funds account,
which is a nonlapsing dedicated account;
B. Two percent of the adjusted gross Internet gaming receipts must be deposited in the
Gambling Addiction Prevention and Treatment Fund established under Title 5, section
20006‑B;
C. Two and one-half percent of the adjusted gross Internet gaming receipts must be
deposited in the dairy stabilization tier program under Title 7, chapter 611;
D. One and one-half 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;
F. Five percent of the adjusted gross Internet gaming receipts must be deposited in the
Maine Veterans' Homes Stabilization Fund established under Title 37-B, section 613;
G. One percent of the adjusted gross Internet gaming receipts must be deposited in the
Fund for a Healthy Maine established under Title 22, section 1511; and
H. Two percent of the adjusted gross Internet gaming receipts must be deposited in the
School Revolving Renovation Fund established under Title 30-A, section 6006-F.
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.
§1417. Applicability of other laws
Page 18 - 132LR2128(03)
1. Authorized conduct. The provisions of Title 17, chapter 62 and Title 17‑A, chapter
39 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 1405, 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. 5. 17 MRSA §1831, sub-§5, as amended by PL 2017, c. 284, Pt. KKKKK,
§8, is further amended by amending the first blocked paragraph to read:
For the purposes of this subsection, "an event the result of which is determined by chance"
includes but is not limited to a shuffle of a deck of cards, a roll of a die or dice or a random
drawing or generation of an object that may include, but is not limited to, a card, a die, a
number or simulations of any of these. A shuffle of a deck of cards, a roll of a die, a random
drawing or generation of an object or some other event the result of which is determined
by chance that is employed to determine impartially the initial order of play in a game,
contest, scheme or device does not alone make a game, contest, scheme or device a game
of chance. For purposes of this chapter, beano, bingo and, table games as defined in Title
8, section 1001, subsection 43‑A and Internet gaming as defined in Title 8, section 1402,
subsection 5 are not games of chance.
Sec. 6. 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 39 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. 7. 25 MRSA §1542-A, sub-§1, ¶CC is enacted to read:
CC. Who is required to have a criminal history record check under Title 8, section
1404.
Sec. 8. 25 MRSA §1542-A, sub-§3, ¶BB is enacted to read:
BB. The State Police shall take or cause to be taken the fingerprints of the person
named in subsection 1, paragraph CC 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 1404, subsection 3.
Page 19 - 132LR2128(03)
Sec. 9. Appropriations and allocations. The following appropriations and
allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Fund for a Healthy Maine 0921
Initiative: Provides allocation for expenditures authorized in the Maine Revised Statutes,
Title 22, section 1511.
FUND FOR A HEALTHY MAINE 2025-26 2026-27
All Other $100,000 $200,000
__________ __________
FUND FOR A HEALTHY MAINE TOTAL $100,000 $200,000
ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
FUND FOR A HEALTHY MAINE $100,000 $200,000
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $100,000 $200,000
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Milk Commission 0188
Initiative: Provides allocation for expenditures authorized in the Maine Revised Statutes,
Title 7, section 3153-B.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $250,000 $500,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $250,000 $500,000
AGRICULTURE, CONSERVATION AND
FORESTRY, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $250,000 $500,000
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $250,000 $500,000
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT
OF
Maine Veterans' Homes Stabilization Fund Z358
Initiative: Allocates funds to support the operations of the Maine Veterans' Homes.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $500,000 $1,000,000
__________ __________
Page 20 - 132LR2128(03)
OTHER SPECIAL REVENUE FUNDS TOTAL $500,000 $1,000,000
DEFENSE, VETERANS AND EMERGENCY
MANAGEMENT, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $500,000 $1,000,000
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $500,000 $1,000,000
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Maine Center for Disease Control and Prevention 0143
Initiative: Provides allocation for expenditures authorized in the Maine Revised Statutes,
Title 5, section 20006-B.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $200,000 $400,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $200,000 $400,000
Opioid Use Disorder Prevention and Treatment Fund Z289
Initiative: Allocates funds to support opioid use disorder prevention and treatment in the
State.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $150,000 $300,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $150,000 $300,000
HEALTH AND HUMAN SERVICES,
DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $350,000 $700,000
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $350,000 $700,000
HOUSING AUTHORITY, MAINE STATE
Emergency Housing Relief Fund Program Z340
Initiative: Allocates funds to support housing emergencies in the State.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $200,000 $400,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $200,000 $400,000
HOUSING AUTHORITY, MAINE STATE
Page 21 - 132LR2128(03)
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $200,000 $400,000
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $200,000 $400,000
MUNICIPAL BOND BANK, MAINE
Maine Municipal Bond Bank 0671
Initiative: Allocates funds for the School Revolving Renovation Fund established under the
Maine Revised Statutes, Title 30-A, section 6006-F.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $200,000 $400,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $200,000 $400,000
MUNICIPAL BOND BANK, MAINE
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $200,000 $400,000
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $200,000 $400,000
PUBLIC SAFETY, DEPARTMENT OF
Gambling Control Board Z002
Initiative: Provides funding for 2 Auditor II positions, 2 Criminal Intelligence Analyst
positions, one Public Service Coordinator II position and one Public Safety Inspector I
position.
GENERAL FUND 2025-26 2026-27
POSITIONS - LEGISLATIVE COUNT 6.000 6.000
Personal Services $645,354 $668,001
__________ __________
GENERAL FUND TOTAL $645,354 $668,001
Gambling Control Board Z002
Initiative: Provides funding for position costs associated with 2 Auditor II positions, 2
Criminal Intelligence Analyst positions, one Public Service Coordinator II position and one
Public Safety Inspector I position.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $70,000 $70,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $70,000 $70,000
Gambling Control Board Z002
Initiative: Provides allocations for expenditures related to administrative expenses.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
Page 22 - 132LR2128(03)
All Other $200,000 $400,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $200,000 $400,000
PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
GENERAL FUND $645,354 $668,001
OTHER SPECIAL REVENUE FUNDS $270,000 $470,000
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $915,354 $1,138,001
SECTION TOTALS 2025-26 2026-27
GENERAL FUND $645,354 $668,001
FUND FOR A HEALTHY MAINE $100,000 $200,000
OTHER SPECIAL REVENUE FUNDS $1,770,000 $3,470,000
__________ __________
SECTION TOTAL - ALL FUNDS $2,515,354 $4,338,001