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An Act To Recognize and Provide for the Right of the Houlton Band of Maliseet Indians To Operate a Casino on Houlton Band Trust Land Exempt from Certain Gaming Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the Supreme Court of the United States decided in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), that when a state allows regulated off-reservation gaming, it may not prohibit gaming on tribal lands; and
Whereas,  an additional license for a gaming facility in Aroostook County or Washington County located close to the border entry with Canada is recommended in the final report of Whitesand Gaming, Market Feasibility Study of Expanded Gaming in Maine (August 2014); and
Whereas,  the additional revenue provided by this legislation is needed as soon as possible in order to be used by the Houlton Band of Maliseet Indians for social and economic programs that support the self-sufficiency and self-determination of the Houlton Band of Maliseet Indians; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §1011, sub-§2-C  is enacted to read:
 
2-C.  Houlton Band of Maliseet Indians eligible for casino operator license.     Notwithstanding subsection 2-B, the board may accept an application for a casino operator license from the Houlton Band of Maliseet Indians to operate 350 slot machines and 10 table games at a casino on Houlton Band Trust Land as defined in Title 30, section 6203, subsection 2-A located on the North Road property of the Houlton Band of Maliseet Indians in the Town of Houlton in Aroostook County. Notwithstanding any other provision of law, the Houlton Band of Maliseet Indians may not be charged a fee for a casino operator license or a fee to operate slot machines and table games.
Sec. 2. 8 MRSA §1019, sub-§6, as amended by PL 2011, c. 417, §5, is further amended to read:
 
6. Proximity of licensed casinos and slot machine facilities.   A casino operator license or slot machine operator license may not be issued under this chapter to operate any casino or slot machine facility located within 100 miles of a licensed casino or slot machine facility. This subsection does not prohibit a commercial track that was licensed to operate slot machines on January 1, 2011 from obtaining a casino operator license for the same facility where slot machines were operated as of January 1, 2011. Notwithstanding this subsection, a casino operator license may not be issued under section 1011, subsection 2-C to operate a casino located within 70 miles of a licensed casino or slot machine facility.
Sec. 3. 8 MRSA §1019, sub-§7, as amended by PL 2011, c. 417, §6, is further amended to read:
 
7. Statewide and county referenda; municipal vote.   After January 1, 2011, any proposed casino or slot machine facility may not be issued a license unless it has been approved by a statewide referendum vote and a vote of the municipal officers or municipality in which the casino or slot machine facility is to be located, except that a commercial track licensed to operate slot machines on January 1, 2011 is only required, as a condition to obtain a casino license, to receive approval to operate a casino by means of a referendum of the voters of the county in which the commercial track is located. Notwithstanding this subsection, a casino proposed by the Houlton Band of Maliseet Indians is exempt from approval by a statewide referendum vote and a vote of the municipal officers of the municipality or the municipality in which the casino is located if the casino is located on Houlton Band Trust Land previously designated to be used by the Houlton Band of Maliseet Indians for gaming purposes by the Federal Government.
Sec. 4. 8 MRSA §1020, sub-§3, ¶A, as amended by PL 2011, c. 585, §8, is further amended to read:
 
A. Except for slot machines used for training and educational purposes at postsecondary institutions as provided by section 1011, subsection 1-B, the total number of slot machines registered in the State may not exceed 3,0003,350; and
Sec. 5. 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.   A casino operator, except a casino operator licensed under section 1011, subsection 2-C, 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, a casino operated by the Houlton Band of Maliseet Indians 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. 6.  8 MRSA §1036, sub-§§2-D and 2-E  are enacted to read:
 
2-D.  Distribution of slot machine income from casino operated by Houlton Band of Maliseet Indians.     A casino operator licensed in accordance with section 1011, subsection 2-C shall collect and distribute 25% 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.  Three 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;
 
B.  Two 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;
 
C.  Ten percent of the net slot machine income must be forwarded by the board to the Treasurer of State, who shall distribute the funds equally and directly to each of the tribal governments of the Penobscot Nation, the Passamaquoddy Tribe and the Aroostook Band of Micmac Indians;
 
D.  Five 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;
 
E.  Three percent of the net slot machine income must be forwarded directly to the Town of Houlton; and
 
F.  Two 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.
 
Net slot machine income retained by the Houlton Band of Maliseet Indians must be used by the tribal government for social and economic programs that support the self-sufficiency and self-determination of the Houlton Band of Maliseet Indians.
 
2-E.  Distribution of table game income from casino operated by Houlton Band of Maliseet Indians.     A casino operator licensed in accordance with section 1011, subsection 2-C shall collect and distribute 15% 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.  Two 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;
 
B.  Two percent of the net table game income must be divided equally and forwarded directly to all off-track betting gaming operations, all charitable organization gaming operations and all veterans' organization gaming operations that are lawfully registered and operating in this State no later than 90 days after the effective date of this paragraph;
 
C.  Four percent of the net table game income must be forwarded directly to the Town of Houlton to offset any costs that may be considered to have resulted from any Maliseet tribal gaming operations in Aroostook County; and
 
D.  Seven percent of the net table game income must be forwarded by the board to the Treasurer of State, who shall distribute the funds equally and directly to each of the tribal governments of the Penobscot Nation, the Passamaquoddy Tribe and the Aroostook Band of Micmacs.
 
Net table game income retained by the Houlton Band of Maliseet Indians must be used by the tribal government for social and economic programs that support the self-sufficiency and self-determination of the Houlton Band of Maliseet Indians.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill authorizes the Department of Public Safety, Gambling Control Board to accept an application for a casino operator license from the Houlton Band of Maliseet Indians to operate 350 slot machines and 10 table games at a casino on Houlton Band Trust Land located on the North Road property of the Houlton Band of Maliseet Indians in the Town of Houlton. A casino operated by the Houlton Band of Maliseet Indians is not subject to a referendum. The bill raises the limit on the number of slot machines allowed in the State from 3,000 to 3,350 to accommodate the casino operated by the Houlton Band of Maliseet Indians. A casino operated by the Houlton Band of Maliseet Indians would be subject to the oversight of the Gambling Control Board.