An Act To Allow Indian Tribes To Operate Slot Machines. LR222 5(l)

Transcription

1 An Act To Allow Indian Tribes To Operate Slot Machines PRESENTED BY: (Representa tive LORING) TOWN: Penobscot Nation, LR222 5(l) PROPOSED SHORT TITLE: AN ACT TO ALLOW INDIAN TRIBES TO OP ERATE SLOT MACHINES (Suoj ec t to change)

2 Be it enacted by the People of the State of Maine as follows: Sec l\1RSA 314-A, sub- l, 1C is enacted to read: C. Notwithstanding the provisions o f Title 8, c hapter 3 1, in conj unction with the operation of high,stakes beano, a feder ally recognized Indian tribe holding a license undex. this section may operate up to 1. SQO slot machines in the same facility in whi Ch the high stakes beano is held. For purposes of this paragraph, "slot machine" has the same definition as in Titl~ 8. section I OOl, subsecti on SUMMARY This bill allows a federally recognized I ndian tribe the.t holds a high-stakes beano license to operate up to 1~500 slot machines in the same facility in which the high-stakes beano is held. Page l - LR2225(1)

3 \/~'V( \y OFFICE OF THE REVISOR OFSTATUT ~ij U BILL DRAFT SUMMARY LR #: 2225 ITEM #: 1 TYPE: 0 TITLE: An Act To AUow Indian Tribes To Operate Slot Machines SPONSOR: COSPONSORS: Rep. LORING of Penobsco t Nation 22 LEGEND: 24 AUTHORITY FOR INTRODUCTION: LBe 26 DATE/TIME LAST PRINTED: 03/04/05 09:11 28 LAST ACTION: ROS/DONE 03103/ SHORT TITLE: MACHINES AN ACT TO ALLOW INDIAN TRIBES TO OPERATE SLOT FINAL FINAL Header-LR2225(1) FINAL FINAL

4 2 Be it enacted by the People of the State of Maine as follows: Sec MRSA 314-A, sub- l, <]Ie is enacted to read: 4 C. No t withstanding the provisions of Title 8. chapter in conjunction with the operation of high-stakes beano, a {edenlly r ecognized Indian. tribe holding a license under 8 t his section may operate up to_ L 500 slot machines in the s ame facility in which the high sta~es beano is held. For 10 p u rposes of this paragraph. "slot machine" has the s ame definition as in Title 8. sectjon subsection SUMMARY 16 This bill allows a federally recognized Indian tribe that holds a high-stakes beano license to operate up to 1,500 slot 18 ma c hines in the same facility in which the high-stakes beano i s held. Page l-lr2225(1)

5 MAIllE STAn; LEGISLA'IURE OFFICE OF THE REVISOR OF STATurES 7 STATE BOUSE STATION AUGUSTA, MAINE Phone (201) FAX (207 ) c) ~!r February~ 2005 Rep. Donna M. Loring 174 River Roa.d Richmond, ME RE: LR , An Act To Allow the Penobscot Nation To Operate Slot Machines Dear Rep. Loring: Please find enclosed a final copy of the above-referenced bill.. od original jacket and a signature sheet. Please take ODe of the following actions concerning this bill WITHIN 3 (THREE) WORKING DAYS (Monday through Friday). 1. Malte changes. Contact the Revisor's Office to indicate that changes to the bill ace necessary. You have 3 (TllREE) days in which to give us those changes from the day you notify us that you have c hanges ; or 2. Sign apd obtain CO SPQY SOC signatures. Siqn the odginal bill jacket and obtain the signatures o f the Leg i slators you... ish to cosponsor this measure on the enclosed s ignature sheet. Please return both the signed jacket and cosponsor signature sheet to the Revisor' s Office. Please note that the Joint Ru l es author12e you t o name a lead sponso r from the other chamber and 8 additional cosponsors. If we have not beard frottl you within the 3_day period. this bill request.ill be considered void. I f you have ques tions, please do not he s itate to call this office. Thank you for your attention and assistance. Very truly yours, Margaret E. Matheson 322ROS

6 An Act To Allow the Penobscot Natio n To Operate Slot Machines PRESENTED BY: (Representative LORING) ~~: Penobscot Nation LR2225(1) PROPOSED SHORT TITLE: AN ACT TO ALLOW PENOBSCOT NATION TO OPERATE SLOT MACHINE (Subject to change) -

7 Be it enacted by the People of the State of Maine as fouows: Sec MRSA looi, sub- 29-A and 29-8 are enacted to read:.tb~ If!~! ;eemrs~~t!l~~~n~~ land when,deaj:;(!riet:=~:~::~~~h~;..r:;u\ 12 Sec MRSA 1011, sub 2, 3 and 4, as enacted by PL 2003, c. 687, Pt. A, S and affected by Pt. B, ll, are amended to read: Eligible persons. The y accept applications for 16 a license to operate from a federally recognized Indian tribe is licensed to operate a ~ 18 e following criteria:, 20 A. is located at or within as-mile a commercial track that conducted 22 harness racing with wagering on more than 25 days during calenda 24 D. lot machines at the commercial track 26 i, ers of the munic i pality in which the commercial tra b licensed is located by referendw'l'\ 28 election held t me after December 31, 2002 and before December 31, Requirements for license; continued c~rcial. tract 32 licensure. The board may not issue a license to operate slot machines to any person unless that persod demonstrates compliance '7 34 with the qualifications set forth in sections 1016 and person who is granted a license to operate slot machines must 36 maintain a license to operate a commercial track, without laps e, If suspension or revocatio-n for the duration of the slot machine \,v:~. 38 ~~~~:~or's license, except for a federally recognized Indi an ~ ~(~ 40 RecJuireaent for license; agreement with..unicipa1ity f.~ 42 wiler. slot machines are located. yt-fa1.secognized Tp4*eB ~Iib.. a slot machine operator sha ent 44 an agreement with the municipality where s lot "machine operator's slot machines ate located that provides for revenue 46 sharing or other compensation, including, but not limited to, a provision requiring the preparati6n, in conjunction with 1:he 48 municipality, of a security plan for the premises on which the Page I-LR222S(1)

8 30 40 slot machines are located. The revenue-s h aring agreement mus t ~ 2 provide for a minimum payment t o the municipality o f 3' of ~ he ") VV~ total gross slot machine income derived from tbe mac hines l ocated 4 in the municipality. - tt-.(4.,{ (,~#y'- -tr,~ ""'i...z;:....-;(~ 6 Sec MRSA l016, sub- 3, as enacted b y PL c ~.. t Pt. A, S5 and affected by Pt. B. U. is amended to read: 1f \",/, 8 3. Applicant other than individual. If.;he per on required 10 to meet the minimum alifica l.ons and suyt-abili y requir meots specified in subsec ons 1 and is a busin ss org nization the 12 key executives, directors, rtner, share Iders. c redito r s, owne s and assoc' tes ot" must me the 14 sui tabi l ity r quirements eeified in the '-~ to mee m 16 qll u~m nt ifi in 2 niz In. 18 mew. r h, n ir m n ifi in Sec MRSA 1020, sub- 3, as enacted by PL 2003, c. 687, ~ Pt. A, S and affected by Pt. B, ll, i s amended to rea~: A f. '10..1' 0""" S& { 3. LiDits on total slot machines. Th 't' ard shall ~ (' I ~ determine the number of slot machines to be r eg ' Jr d f 'the I. A r-r State. The board shall make this determinatio a ed on thea..~ ~ minimum gross slot machine income, when d istri te urs ant to ~.A. section 1036, necessary t o maintain the ha nes hor e ra Cing ~ -ll industry in this State. except that' <::;. ~I~ S A. The total number o f s lot State may not exceed 1,500 not machines loc ate d o n the land I n dian tribe; and machines r egist ered in the ~ including the number of slot I It;;, of a federally recognized ~ tj"1~ ~(V B. A slot machine operator may not operat e more than 1. sao s l ot machines at any one commercial track or on tribal land. Sec MRSA l035, as enacted by PL 2003, c. 687, Pt. A, and affected by Pt. B, Sll, is amended to read: 42 l035. Location of slot machines c".), O~,~ Slot machines commercial track o r Indian tribe. may be located only on the p remises of on the tribal land of a federally recognized a Pt. Sec lvlrsa 1036, sub- 2, as enacted by PL 2003, A, s and affected by Pt. B, ll, is amended to r ead: c. 687, Page 2-LR2225(1)

9 2. Distribution. A slot machioe operator shall collect and 2 distribute 39'\. of the total gross slot machine income from slot machines operated by the slot machine operator to the board for 4 distribution by the board as follows: 6 A. Three percent of the total gross slot machine income must be deposited to the General Fund for administrative 8 expenses of the board. including gambling addiction counseling services, in accordance with rules adopted by the 10 board; 12 B. Ten percent of the total gross slot machine income must be forwarded by the board to the Treasurer of State, who 14 shall credit the money to the fund established in section 298 to supplement harness racing purses; 16 C. Three percent of the total gross slot machine income 18 must be credited by the board to the Sire Stakes Fund created in section 281; 20 D. 'l'hree percent of the total gross slot machine income 22 must be forwarded by the boaed to the Treasurer of State, who shall credit the money to the Agricultura l Fair Support 24 Fund established in Title 7. section 71; 26 E. 'l'en percent of the total gross slot machine income must be forwarded by the board to the State Controller to be 28 credited to the Fund for a Healthy Maine established by Title 22, section 1511 Zlnd segregated into a separate 30 account under Title 22. section subsection 11, with the use of funds in the account restricted to the purposes 32 described in Title 22, section subsection 6. paragraph E; 34 f. Two percent of the total gross slot machine income must 36 be forwarded by the board to the University of Maine System Scholarship Fund created in Title 20-A. section 11631; G. One percent of the total gross slot machine income must be forwarded by the board to the board of trustees of the Maine Community College System to be applied by the board or trustees to fund its scholarships program under 'l'itle 20-A, section 12116, subsection 1; 00 H. Four percent of the total gross slot machine income must 06 be forwarded by the board to the Treasurer or State, who shall credit the money to the Fund to Encourage Racing at 08 Maine's Commercial Tracks. established in section 299; however. the payment required by this paragraph is 50 terminated when all commercial tracks have obtained a Page 3-LR2225(1)

10 2 license chapte r; t o operate slo t machines in accordance with this I. Two percent of the total gross slot machine income must be forwarded by the board to the Treasurer of State, who shall cred.it the money to the Fund to Stabilize Off-track Betting Facilities established by section 300, as long as a facility has conducted off-track wagering operations for a minimum of 250 days during the preceding 12-month period in which the first payment to the fund is required. After 48 months of receiving an allocation of the total gr06s slot machine income from a licensed operator, the percent of total slot machine income forwarded to the Fund to Stabilize Off-track Betting Facilities is reduced to l' with the remaining l' to be forwarded to the State in accordance with subse ction 1; and J. One percent of the total gross slot machine income must be forwarded directl y to the municipality in which the slot machines are locat ed. This SubsectiQn does not tribe. which ma y transf ~ r ~ be's general fund. This bill allows a apply to a federally recognized Indian all gross slot machine income to the SUMMARY fedecliolly recognized Indian tribe to obtain a license to operate up to 1, 500 slot machines on tribal land. 1'~ 7.,,~ IS <. "~,.sr Tr~ S'~,,~ ~r "";Ch. Page 4-LR222S(1)