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An Act To Establish a Comprehensive Gaming Policy
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-G, sub-§32-A  is enacted to read:
 
32-A.     
Sec. 2.  8 MRSA §1001, sub-§6-A  is enacted to read:
 
6-A.  Commission.     "Commission" means the Casino Site Location Commission created under section 1005-A.
Sec. 3. 8 MRSA §1003, sub-§2, ¶B, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:
 
B. Hear and decide all license and registration applications under this chapter and issues affecting the granting, suspension, revocation or renewal of licenses and registrations, including but not limited to applications received by the board from a person awarded the privilege by the commission to submit an application to operate a casino;
Sec. 4.  8 MRSA §1003, sub-§2, ¶B-1  is enacted to read:
 
B-1.  Hear and decide issues affecting the granting, suspension, revocation or renewal of licenses and registrations;
Sec. 5.  8 MRSA §1005-A  is enacted to read:
§ 1005-A. Casino Site Location Commission
 
1.  Establishment.     The Casino Site Location Commission, established in Title 5, section 12004-G, subsection 32-A, shall carry out the functions specified in this chapter with regard to awarding the privilege to apply for a casino or slot machine facility license through a competitive bid process. The commission is affiliated with the board as specified in this chapter.
 
2.  Members.     The commission consists of 5 members appointed by the Governor. All members must be members of the general public without affiliation to the gaming or hospitality industry. At least 3 of the commission members must have training or experience in at least one of the following fields: corporate finance, economics, law, economic development or accounting. An elected official or candidate for elective office may not serve as a commission member.
 
3.  Term of office.     Members of the commission serve 3-year terms, except that the Governor shall initially appoint one member for a term of one year, 2 members for a term of 2 years and 2 members for a term of 3 years. A vacancy is filled by appointment for the remainder of the unexpired term of that member. Members whose terms expire serve until their successors are appointed and confirmed. Members may serve no more than 2 full consecutive terms on the commission.
 
4.  Confirmation.     Appointees to the commission must be reviewed by the joint standing committee of the Legislature having jurisdiction over gambling matters and are subject to confirmation by the Senate.
 
5.  Chair.     The commission members shall elect one member to serve as chair for at least a 2-year term.
 
6.  Quorum.     An action of the commission is not binding unless taken at a meeting at which at least 3 of the 5 members are present.
 
7.  Conflict of interest.     In addition to the restrictions imposed pursuant to Title 5, section 18, a commission member may not participate in any matter before the commission in which the commission member has a personal bias or any other conflict of interest as the commission determines, either on the commission's own motion or in response to a written complaint. During a commission member's term of service and for 5 years after the end of that commission member's service, any person with a direct and substantial interest in a gambling activity or gambling facility, including accommodations and amenities associated with a gambling facility, may not employ or be represented by the commission member or a member of the commission member's immediate family. For the purposes of this subsection, "direct and substantial" means ownership or control of more than 10% of the voting securities of a gambling facility, of an associated accommodation or associated amenity of a gambling facility or of an entity in contract, consort or cooperation with a gambling facility key executive.
Sec. 6. 8 MRSA §1011, sub-§2-B, as enacted by PL 2011, c. 699, §1, is repealed.
Sec. 7.  8 MRSA §1011, sub-§2-C  is enacted to read:
 
2-C.  Persons eligible for casino operator license on or after January 1, 2015.     Beginning January 1, 2015, the board may not accept an application for an initial license to operate a casino, slot machine facility or any other gambling facility for which the board has licensing authority, unless that application is submitted by a successful bidder for the privilege to submit an application to the board chosen pursuant to section 1011-A.
Sec. 8.  8 MRSA §1011-A  is enacted to read:
§ 1011-A. Privilege to submit a casino operator license application pursuant to competitive bidding
The commission shall develop a request for proposals designed to encourage vigorous bidding for the purpose of awarding the privilege to submit an application to the board for a casino operator license. The commission shall request bids for the privilege to submit an application to the board for a resort-style casino in the southern region of the State and for the privilege to submit an application to the board for a casino in the northern region of the State. A request for proposals must instruct potential bidders to propose the scope of the gambling facility and amenities to be offered in conjunction with the facility and how the proposal will ensure that the proposed casino will provide the State with socially responsible economic growth while operating as a successful business for the operator, considering license fees, minimum capital investment requirements, regulatory standards and required rates of revenue distribution.
 
1.  Consideration of bids for privilege to submit application to the board for a casino operator license.     A bidder seeking consideration of award for the privilege to submit an application to the board for a resort-style casino in the southern region of the State shall comply with the requirements determined by the commission. For the purposes of this section, the southern region of the State includes York County and Cumberland County. The commission shall require that a proposal for the privilege to submit an application to the board for the operation of a casino in the southern region include a nonrefundable application fee of $250,000 and an agreement to submit a nonrefundable investigative fee of $100,000 to the board if awarded the privilege to submit an application for a casino. A proposal for the privilege to submit an application to the board for the operation of a casino in the northern region of the State must include a nonrefundable application fee of $100,000 and an agreement to submit a nonrefundable investigative fee of $100,000 to the board if awarded the privilege to submit an application for a casino. For the purposes of this section, the northern region of the State includes Penobscot County, Washington County and Aroostook County. The commission shall ensure that the request for proposal clearly identifies the deadline for submission and all bid requirements.
 
2.  Request for proposal requirements; southern region.     When considering bids received in response to a request for proposals prescribed in subsection 1 for the southern region, the commission shall consider the following:
 
A.  Business and market factors, including:
 
(1) The bidder's experience operating a commercial track in the southern region;
 
(2) How the bidder's proposal will sustain and enhance the sport of harness racing in the State and the associated businesses that benefit from a robust harness racing industry;
 
(3) The bidder's commitment and capacity to make an initial minimum capital investment of $250,000,000 for a resort-style casino facility. Land acquisition, license fees and off-site improvements are not considered to be part of the minimum capital investment;
 
(4) How the bidder's proposal will result in the highest potential benefit and the highest prospective total revenues to the State from a bidder based upon documented, expert financial analysis;
 
(5) The potential gross and net income to be generated by the bidder based upon documented, expert market analysis;
 
(6) The extent to which the bidder's market plans suit the character of the region and the local population in a way that encourages residents of the State to choose to patronize the bidder's proposed facility as opposed to gambling facilities in other states;
 
(7) The extent to which the bidder's proposed facility can reasonably be expected to serve as a significant regional and national tourism destination;
 
(8) The potential created by the bidder's proposal to create commercial development opportunities in the host location and surrounding communities consistent with historic uses, regional character and local zoning and planning requirements;
 
(9) The bidder's proposed capital investment in a gambling facility, proposed amenities associated with the facility and the timing of capital investment expenditures in terms of ensuring the facility is economically competitive in the State and regionally;
 
(10) How the bidder's proposal can be expected to preserve existing jobs in the State and the number of net new full-time and part-time jobs that can be expected to be created by the operation of the proposed facility; and
 
(11) Other factors, properly disclosed in the commission's request for proposals that the commission determines to be relevant to business and market factors;
 
B.  Economic development factors, including:
 
(1) The bidder's workforce development plan and the extent to which it will maximize use of the State's existing labor force;
 
(2) The impact on economic development, existing and planned, in the region of the proposed facility; and
 
(3) Other factors, properly disclosed in the commission's request for proposals that the commission determines to be relevant to economic development;
 
C.  Site location factors, including:
 
(1) The adequacy of transportation infrastructure surrounding the proposed location of the gambling facility;
 
(2) The need for additional public infrastructure expenditures at or immediately surrounding the proposed location of the gambling facility;
 
(3) Any negative impact of the proposed location of the gambling facility on the municipality in which the facility is located, including but not limited to traffic congestion, road safety conditions and increased safety concerns for pedestrian traffic;
 
(4) The bidder's proposals for mitigating negative impacts identified under this paragraph; and
 
(5) Other factors, properly disclosed in the commission's request for proposals that the commission determines to be relevant to site location factors; and
 
D.  Factors other than those listed in paragraphs A to C, including:
 
(1) The bidder's plan to identify, address and minimize the potential for and existence of negative consequences associated with gambling and the operation of the bidder's proposed facility, including but not limited to a financial commitment to efforts to address problem gambling prevention, intervention, treatment and research; and
 
(2) The effects, both positive and negative, that can be reasonably anticipated to be experienced by the municipality in which the facility is located and the communities in the region.
 
3.  Request for proposal requirements; northern region casino.     When considering bids received in response to a request for proposals prescribed in subsection 1 for the northern region, the commission shall consider the following:
 
A.  Business and market factors, including:
 
(1) The bidder's commitment and capacity to make an initial minimum capital investment of $25,000,000 for a resort-style casino facility. Land acquisition, license fees and off-site improvements are not considered to be part of the minimum capital investment;
 
(2) The potential gross and net income to be generated by the bidder based upon documented, expert market analysis;
 
(3) The extent to which the bidder's market plans suit the character of the region and the local population in a way that encourages residents of the State to choose to patronize the bidder's proposed facility as opposed to gaming facilities in other states or provinces;
 
(4) The extent to which the bidder's proposed facility can reasonably be expected to serve as a regional recreational gambling destination;
 
(5) The bidder's proposed capital investment in a gambling facility, proposed amenities associated with the facility and the timing of capital investment expenditures in terms of ensuring the facility is profitable; and
 
(6) Other factors, properly disclosed in the commission's request for proposals that the commission determines to be relevant to business and market factors;
 
B.  Economic development factors, including:
 
(1) The bidder's workforce development plan and the extent to which it will maximize use of the region's existing labor force;
 
(2) The impact on economic development, existing and planned, in the region of the proposed facility; and
 
(3) Other factors, properly disclosed in the commission's request for proposals that the commission determines to be relevant to economic development;
 
C.  Site location factors, including:
 
(1) The adequacy of transportation routes leading to the proposed location of the gambling facility;
 
(2) Any negative impact of the proposed location of the gambling facility on the municipality in which the facility is located, including but not limited to traffic congestion, road safety conditions and increased safety concerns for pedestrian traffic;
 
(3) Either the proximity of the proposed location of the gambling facility to major transportation routes and the Canadian border, which could maximize patronage from cross-border traffic, or whether the facility will be located where gaming is conducted by a federally recognized Indian tribe regardless of whether that facility will be within 30 miles of a casino that was licensed prior to January 1, 2015;
 
(4) The bidder's proposals for mitigating negative impacts identified under this paragraph; and
 
(5) Other factors, properly disclosed in the commission's request for proposals that the commission determines to be relevant to site location factors; and
 
D.  Factors other than those listed in paragraphs A to C, including:
 
(1) How the proposed facility will provide the greatest benefit to one or all federally recognized Indian tribes in the State, particularly by proposing operation and ownership by one or more federally recognized Indian tribes in the State;
 
(2) The bidder's plan to identify, address and minimize the potential for and existence of negative consequences associated with gambling and the operation of the bidder's proposed facility, including but not limited to a financial commitment to efforts to address problem gambling prevention, intervention, treatment and research; and
 
(3) The effects, both positive and negative, that can be reasonably anticipated to be experienced by the municipality in which the facility is located and the communities in the region.
Sec. 9. 8 MRSA §1018, sub-§1, ¶C, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:
 
C. The initial application fee for a slot machine operator license is $200,000. The annual renewal fee is $75,000 plus an amount, set by rules of the board, equal to the cost to the board of licensing slot machine operators and determined by dividing the costs of administering the slot machine operator licenses by the total number of slot machine operators licensed by the board. This paragraph applies to slot machine operator licenses issued before January 1, 2015.
Sec. 10. 8 MRSA §1018, sub-§1, ¶C-1, as amended by PL 2011, c. 417, §4, is further amended to read:
 
C-1. The initial application fee for a casino operator license is $225,000, except that the initial application fee for an applicant that is a commercial track that was licensed to operate slot machines as of January 1, 2011 is $25,000. The annual renewal fee is $80,000 plus an amount, set by rules of the board, equal to the cost to the board of licensing casino operators and determined by dividing the costs of administering the casino operator licenses by the total number of casino operators licensed by the board. In addition, a casino operator shall pay an initial gaming table fee of $100,000 for the privilege to operate each gaming table for a period of 20 years as long as the casino operator is licensed. Each gaming table is also subject to an annual gaming table renewal fee of $1,000. The gaming table fees authorize the casino operator to conduct any authorized table game at the gaming table during the 20-year period. A casino licensed in accordance with section 1011, subsection 2-A, paragraph A is not required to pay the gaming table fees until after one calendar year of table game operation. Fees collected in accordance with this paragraph must be deposited to the Gambling Control Board administrative expenses Other Special Revenue Funds account, which is a nonlapsing dedicated account. This paragraph applies to casino operator licenses issued before January 1, 2015.
Sec. 11.  8 MRSA §1018, sub-§1, ¶¶C-2, C-3 and C-4  are enacted to read:
 
C-2.  The fee for a casino operator license in the southern region of the State, as described in section 1011-A, subsection 1, issued subsequent to the award, by competitive bidding in accordance with section 1011-A, of the privilege to submit an application, is $5,000,000. The renewal fee, due prior to the end of the 5-year license term, is $250,000. The license and renewal fees are separate from the nonrefundable application fee and investigative deposit required pursuant to section 1011-A, subsection 1.
 
C-3.  The fee for a casino operator license in the northern region of the State, as described in section 1011-A, subsection 1, issued subsequent to the award, by competitive bidding in accordance with section 1011-A, of the privilege to submit an application, is $1,000,000. The renewal fee, due prior to the end of the 5-year license term, is $100,000. The license and renewal fees are separate from the nonrefundable application fee and investigative deposit required pursuant to section 1011-A, subsection 1.
 
C-4.  The annual registration fee for a slot machine and a table game operated at a casino licensed on or after January 1, 2015 is $100.
Sec. 12. 8 MRSA §1018, sub-§1-A, as enacted by PL 2011, c. 699, §2, is repealed.
Sec. 13. 8 MRSA §1018, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:
 
2. Term of license issued before January 1, 2015; renewal, renewal fees.   AllExcept for slot machine operator licenses and casino operator licenses issued on or after January 1, 2015, licenses issued by the board under this chapter are effective for one year, unless revoked or surrendered pursuant to subchapter 5. Upon proper application and payment of the required fees and taxes and in accordance with rules adopted by the board, the board may renew a license for an additional year if municipal approval has been obtained as provided in section 1012. The board shall transfer $25,000 of the renewal fee required by subsection 1, paragraph C to the municipality in which the slot machines are operated.
Sec. 14.  8 MRSA §1018, sub-§2-A  is enacted to read:
 
2-A.  Term of license issued on or after January 1, 2015.     A casino operator license issued by the board pursuant to section 1011, subsection 2-C is effective for 5 years unless revoked or surrendered pursuant to subchapter 5.
Sec. 15. 8 MRSA §1019, sub-§7, as amended by PL 2011, c. 417, §6, is repealed.
Sec. 16. 8 MRSA §1036, sub-§1, as amended by PL 2011, c. 417, §7, is further amended to read:
 
1. Distribution for administrative expenses of board.   AExcept as provided by section 1036-A, a slot machine operator licensed under section 1011, subsection 2 or a casino operator that is a commercial track that was licensed to operate slot machines under section 1011, subsection 2 on January 1, 2011 shall collect and distribute 1% of gross slot machine income to the Treasurer of State for deposit in the General Fund for the administrative expenses of the board.
Sec. 17. 8 MRSA §1036, sub-§2, as amended by PL 2013, c. 118, §1, is further amended to read:
 
2. Distribution of net slot machine income from casino with commercial track.   AExcept as provided by section 1036-A, a slot machine operator licensed under section 1011, subsection 2 or a casino operator that is a commercial track that was licensed to operate slot machines under section 1011, subsection 2 on January 1, 2011 shall collect and distribute 39% of the net slot machine income from slot machines operated by the slot machine operator to the board for distribution by the board as follows:
 
A. Three percent of the net slot machine income must be deposited to the General Fund for administrative expenses of the board in accordance with rules adopted by the board, except that of the amount calculated pursuant to this paragraph, the following amounts must be transferred annually to the Gambling Addiction Prevention and Treatment Fund established by Title 5, section 20006-B:
 
(1) For the fiscal year beginning July 1, 2011, $50,000;
 
(2) For the fiscal year beginning July 1, 2012, $50,000; and
 
(3) For the fiscal year beginning July 1, 2013 and for each fiscal year thereafter, $100,000;
 
B. Ten percent of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall credit the money to the fund established in section 298 to supplement harness racing purses;
 
C. Three percent of the net slot machine income must be credited by the board to the Sire Stakes Fund created in section 281;
 
D. Three percent of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall credit the money to the Agricultural Fair Support Fund established in Title 7, section 91;
 
E. Ten percent of the net slot machine income must be forwarded by the board to the State Controller and except as otherwise provided in this paragraph credited to the Fund for a Healthy Maine established by Title 22, section 1511 and segregated into a separate account under Title 22, section 1511, subsection 11, with the use of funds in the account restricted to the purposes described in Title 22, section 1511, subsection 6, paragraph E. For the fiscal years ending June 30, 2010, June 30, 2011 and June 30, 2012, the amount credited annually by the State Controller to the Fund for a Healthy Maine under this paragraph may not exceed $4,500,000 annually and any funds in excess of $4,500,000 annually during these fiscal years must be credited as General Fund undedicated revenue, and, for the fiscal year ending June 30, 2013, the amount credited by the State Controller to the Fund for a Healthy Maine under this paragraph is $0;
 
F. Two percent of the net slot machine income must be forwarded by the board to the University of Maine System Scholarship Fund created in Title 20-A, section 10909 and to the Board of Trustees of the Maine Maritime Academy to be applied by the board of trustees to fund its scholarship program. The slot machine income under this paragraph must be distributed as follows:
 
(1) The University of Maine System share is the total amount of the distribution multiplied by the ratio of enrolled students in the system to the total number of enrolled students both in the system and at the Maine Maritime Academy; and
 
(2) The Maine Maritime Academy share is the total amount of the distribution multiplied by the ratio of enrolled students at the academy to the total number of enrolled students both in the system and at the academy;
 
G. One percent of the net 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 of trustees to fund its scholarships program under Title 20-A, section 12716, subsection 1;
 
H. Four percent of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall credit the money to the Fund to Encourage Racing at Maine's Commercial Tracks, established in section 299; however, the payment required by this paragraph is terminated when all commercial tracks have obtained a license to operate slot machines in accordance with this chapter, in which case, that 4% of the net slot machine income must be credited to the General Fund as undedicated revenue;
 
I. Two percent of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall credit 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 net slot machine income from a licensed operator, the percent of net slot machine income forwarded to the Fund to Stabilize Off-track Betting Facilities is reduced to 1% with the remaining 1% to be forwarded to the State in accordance with subsection 1; and
 
J. One percent of the net slot machine income must be forwarded directly to the municipality in which the slot machines are located.
Sec. 18. 8 MRSA §1036, sub-§2-A, as amended by PL 2013, c. 118, §2, is further amended to read:
 
2-A. Distribution from casino of slot machine income.   AExcept as provided by section 1036-A, a casino operator shall collect and distribute 46% of the net slot machine income from slot machines operated by the casino operator to the board for distribution by the board as follows:
 
A. Twenty-five percent of the net slot machine income must be forwarded directly by the board to the Treasurer of State, who shall credit the money to the Department of Education, to be used to supplement and not to supplant funding for essential programs and services for kindergarten to grade 12 under Title 20-A, chapter 606-B;
 
B. Four percent of the net slot machine income must be forwarded by the board to the University of Maine System Scholarship Fund created in Title 20-A, section 10909 and to the Board of Trustees of the Maine Maritime Academy to be applied by the board of trustees to fund its scholarship program. The slot machine income under this paragraph must be distributed as follows:
 
(1) The University of Maine System share is the total amount of the distribution multiplied by the ratio of enrolled students in the system to the total number of enrolled students both in the system and at the Maine Maritime Academy; and
 
(2) The Maine Maritime Academy share is the total amount of the distribution multiplied by the ratio of enrolled students at the academy to the total number of enrolled students both in the system and at the academy;
 
C. Three percent of the net 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 of trustees to fund its scholarships program under Title 20-A, section 12716, subsection 1;
 
D. Four percent of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall distribute the funds to the tribal governments of the Penobscot Nation and the Passamaquoddy Tribe;
 
E. Three percent of the net slot machine income must be deposited to the General Fund for administrative expenses of the board, including gambling addiction counseling services, in accordance with rules adopted by the board;
 
F. Two percent of the net slot machine income must be forwarded directly to the municipality in which the casino is located;
 
G. One percent of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall credit the money to the Agricultural Fair Support Fund established in Title 7, section 91;
 
H. One percent of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall credit the money to the fund established in section 298 to supplement harness racing purses;
 
I. One percent of the net slot machine income must be credited by the board to the Sire Stakes Fund created in section 281;
 
J. One percent of the net slot machine income must be forwarded directly to the county in which the casino is located to pay for mitigation of costs resulting from gaming operations;
 
L. Beginning July 1, 2013, 1/2 of 1% of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall credit the money to the Maine Milk Pool, Other Special Revenue Funds account within the Department of Agriculture, Conservation and Forestry to help fund dairy farm stabilization pursuant to Title 7, sections 3153-B and 3153-D; and
 
M. Beginning July 1, 2013, 1/2 of 1% of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall credit the money to the Dairy Improvement Fund established under Title 10, section 1023-P.
 
If a recipient of net slot machine income in paragraph D, H or I owns or receives funds from a slot machine facility or casino, other than the casino in Oxford County or the slot machine facility in Bangor, then the recipient may not receive funds under this subsection, and those funds must be retained by the Oxford County casino operator.
Sec. 19. 8 MRSA §1036, sub-§2-B, as amended by PL 2011, c. 417, §9, is further amended to read:
 
2-B. Distribution from casino of table game income.   AExcept as provided by section 1036-A, a casino operator licensed in accordance with section 1011, subsection 2-A, paragraph A shall collect and distribute 16% of the net table game income from table games operated by the casino operator to the board for distribution by the board as follows:
 
A. Ten percent of the net table game income must be forwarded directly by the board to the Treasurer of State, who shall credit the money to the Department of Education, to be used to supplement and not to supplant funding for essential programs and services for kindergarten to grade 12 under Title 20-A, chapter 606-B;
 
B. Three percent of the net table game income must be deposited to the Gambling Control Board administrative expenses Other Special Revenue Funds account, which is a nonlapsing dedicated account;
 
C. Two percent of the net table game income must be forwarded directly to the municipality in which the table games are located; and
 
D. One percent of the net table game income must be forwarded directly to the county in which the table games are located to pay for mitigation of costs resulting from gaming operations.
Sec. 20. 8 MRSA §1036, sub-§2-C, as amended by PL 2013, c. 128, §1, is further amended to read:
 
2-C. Distribution of table game income from casino with a commercial track.   AExcept as provided by section 1036-A, a casino operator that is a commercial track and was licensed to operate slot machines on January 1, 2011 shall collect and distribute 16% of the net table game income from table games operated by the casino operator to the board for distribution by the board as follows:
 
A. Nine percent of the net table game income must be deposited to the General Fund for administrative expenses of the board, including gambling addiction counseling services, in accordance with rules adopted by the board;
 
B. Three percent of the net table game income must be deposited to the Gambling Control Board administrative expenses Other Special Revenue Funds account, which is a nonlapsing dedicated account;
 
C. Two percent of the net table game income must be forwarded directly to the municipality in which the table games are located; and
 
D. Two percent of net table game income must be deposited into the Coordinated Veterans Assistance Fund established in Title 37-B, section 514.
Sec. 21.  8 MRSA §1036-A  is enacted to read:
§ 1036-A. Distributions of slot machine and table game revenue upon operation of a casino or slot machine facility licensed after January 1, 2015
The board may not make distributions as provided by section 1036, subsections 1, 2, 2-A, 2-B and 2-C after the commencement of operations of a casino, slot machine facility or other gambling facility subject to licensure by the board initially licensed after January 1, 2015. Slot machine and table game revenues collected by a casino operator or slot machine facility operator in accordance with section 1036, subsections 1, 2, 2-A, 2-B and 2-C must be held by the board until a distribution of slot machine and table game revenue is established by the Legislature that provides for a distribution of slot machine and table game revenue that applies, in the same manner, to each casino, slot machine facility or gambling facility licensed in accordance with this chapter.
Sec. 22. Joint Standing Committee on Veterans and Legal Affairs authorized to submit legislation. The Joint Standing Committee on Veterans and Legal Affairs is authorized to submit a bill establishing a manner of distribution of slot machine and table game revenue that will apply to each casino, slot machine facility or gambling facility operated in this State to the Second Regular Session of the 127th Legislature.
 
SUMMARY
This bill authorizes the Department of Public Safety, Gambling Control Board to issue 2 casino licenses, one in the southern region of the State, which includes York County and Cumberland County, and one in the northern region of the State, which includes Penobscot County, Washington County and Aroostook County. In order to be eligible to apply for a casino license, an applicant must be awarded the privilege to submit an application pursuant to a competitive bidding process. The competitive bidding process is administered by a site location commission established by this bill. The Casino Site Location Commission consists of 5 members appointed by the Governor subject to review by the joint standing committee of the Legislature having jurisdiction over casino gaming and confirmation by the Senate. The bill provides that commission members may not have a conflict of interest and are prohibited from representing or being employed by gambling interests during their term on the commission and for 5 years after their term ends.
Under the bill, a successful bidder for a casino in the southern region of the State must propose a capital investment of at least $250,000,000 exclusive of license fees, land acquisition and off-site improvements. The initial fee for a southern region casino is $5,000,000 for a 5-year license term in addition to a $250,000 application fee and $100,000 investigative fee. The renewal fee for a southern region casino is $250,000.
A successful bidder for a casino in the northern region of the State must propose a minimum capital investment of $25,000,000 exclusive of license fees, land acquisition and off-site improvements. The initial fee for a northern region casino is $1,000,000 for a 5-year license term in addition to a $100,000 application fee and a $100,000 investigative fee. The renewal fee for a northern region casino is $100,000.
The bill provides factors that the commission is directed to consider when reviewing bids for the privilege to submit an application to operate a casino. Examples of those factors include: how the proposal from a bidder will result in the highest potential benefit to the State based on documented, expert market analyses, the potential of the proposed facility to serve as a tourism destination and how the proposal will preserve existing jobs and preserve new full-time jobs in the State. For a casino bid in the southern region, the commission must consider the bidder’s experience operating a commercial harness racing track and how the casino will benefit the harness racing industry and associated businesses. For the casino bid in the northern region, the commission is directed to consider how the proposal will provide the greatest benefit to one or all of the federally recognized Indian tribes in the State, particularly by proposing operation and ownership by one or more of the tribes. With regard to the location of a northern region casino, the commission is directed to consider either the proposed facility's proximity to the Canadian border and major transportation routes or whether it will be located where gaming is currently conducted by a federally recognized Indian tribe regardless of whether that facility will be within 30 miles of a casino licensed prior to January 1, 2015.
Finally, the bill provides that the required revenue distributions from casinos licensed before January 1, 2015 be held by the Gambling Control Board until a uniform distribution structure of slot machine and table game revenue is enacted by the Legislature.