Maine Revised Statutes Title 8 Sec. 1036 – Allocation of funds
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1. Distribution for administrative expenses of board. 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.
[PL 2011, c. 417, §7 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C crime | up to 5 years | up to $5,000 |
Terms Used In Maine Revised Statutes Title 8 Sec. 1036
- Associated equipment: means any mechanical, electromechanical or electronic component part or machine that is used, or intended for use, in a slot machine or table game and that affects the outcome of the game or that is involved in the handling of money, tokens, credits or similar objects or things of value used to play a slot machine or table game or the calculation of or distribution of payoffs of the slot machine or table game. See Maine Revised Statutes Title 8 Sec. 1001
- Board: means the Gambling Control Board established under section 1002. See Maine Revised Statutes Title 8 Sec. 1001
- Casino: means a facility licensed in accordance with this chapter, where gambling activities occur, including, but not limited to, the operation of slot machines and table games. See Maine Revised Statutes Title 8 Sec. 1001
- Casino operator: means a person who is licensed under this chapter to operate a casino. See Maine Revised Statutes Title 8 Sec. 1001
- Control: means the power to exercise authority over or direct the management or policies of a person. See Maine Revised Statutes Title 8 Sec. 1001
- Department: means the Department of Public Safety. See Maine Revised Statutes Title 8 Sec. 1001
- Distribute: means to sell, lease, license, place or otherwise make available for use in the State or to transport into the State for the purpose of selling, leasing, licensing, placing or otherwise making available for use in the State. See Maine Revised Statutes Title 8 Sec. 1001
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gross slot machine income: means the total value of money, tokens, credits or similar objects or things of value used to actually play a slot machine before payback is distributed to a player. See Maine Revised Statutes Title 8 Sec. 1001
- License: means a license issued by the board under this chapter. See Maine Revised Statutes Title 8 Sec. 1001
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Net slot machine income: means money, tokens, credits or similar objects or things of value used to play a slot machine minus money, credits or prizes paid out to winners and amounts paid pursuant to section 1036, subsection 1. See Maine Revised Statutes Title 8 Sec. 1001
- Net table game income: means money, tokens, credits or similar objects or things of value used to play a table game minus money, credits or prizes paid out to winners. See Maine Revised Statutes Title 8 Sec. 1001
- Operate: means to offer for use. See Maine Revised Statutes Title 8 Sec. 1001
- Slot machine: means any mechanical, electrical or electronic device, contrivance or machine or other device, contrivance or machine that is available to play upon insertion of money or a token, credit or similar object or thing of value, the play of which by the element of chance may deliver or entitle the person playing the device, contrivance or machine to receive cash, tokens or credits to be exchanged for cash, merchandise or anything of value, whether the payoff is made automatically from the device, contrivance or machine or in any other manner, and includes progressive electronic gaming devices with a payoff that increases as the electronic gaming device is played. See Maine Revised Statutes Title 8 Sec. 1001
- Slot machine facility: means a facility, not including a casino, at which a slot machine operator operates slot machines. See Maine Revised Statutes Title 8 Sec. 1001
- Slot machine operator: means a person, not including a casino operator, who is licensed under this chapter to operate slot machines and associated equipment in the State. See Maine Revised Statutes Title 8 Sec. 1001
- Table game: means a card game, dice game or other game of chance, including, but not limited to, blackjack, poker, dice, craps, roulette, baccarat, money wheels, wheel of fortune or an electronic table game located in a casino. See Maine Revised Statutes Title 8 Sec. 1001
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Distribution of net slot machine income from casino with commercial track. 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; [PL 2009, c. 622, §2 (AMD).]
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; [PL 2005, c. 663, §12 (AMD).]
C. Three percent of the net slot machine income must be credited by the board to the Sire Stakes Fund created in section 281; [PL 2005, c. 663, §12 (AMD).]
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; [PL 2007, c. 466, Pt. A, §29 (RPR).]
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; [PL 2011, c. 657, Pt. E, §1 (AMD).]
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; [PL 2013, c. 118, §1 (AMD).]
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; [PL 2005, c. 663, §12 (AMD).]
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; [PL 2015, c. 493, §4 (AMD).]
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 [PL 2005, c. 663, §12 (AMD).]
J. One percent of the net slot machine income must be forwarded directly to the municipality in which the slot machines are located. [PL 2005, c. 663, §12 (AMD).]
[PL 2015, c. 493, §4 (AMD).]
2-A. Distribution from casino of slot machine income. 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 for essential programs and services for kindergarten to grade 12 under Title 20?A, chapter 606?B; [PL 2017, c. 284, Pt. C, §1 (AMD).]
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; [PL 2013, c. 118, §2 (AMD).]
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; [IB 2009, c. 2, §45 (NEW).]
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; [IB 2009, c. 2, §45 (NEW).]
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; [IB 2009, c. 2, §45 (NEW).]
F. Two percent of the net slot machine income must be forwarded directly to the municipality in which the casino is located; [IB 2009, c. 2, §45 (NEW).]
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; [IB 2009, c. 2, §45 (NEW).]
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; [IB 2009, c. 2, §45 (NEW).]
I. One percent of the net slot machine income must be credited by the board to the Sire Stakes Fund created in section 281; [IB 2009, c. 2, §45 (NEW).]
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; [PL 2011, c. 625, §3 (AMD).]
K. [PL 2011, c. 625, §3 (AMD); PL 2011, c. 657, Pt. W, §5 (REV); MRSA T. 8 §1036, sub2A, ¶K (RP).]
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 [PL 2011, c. 625, §4 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
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. [PL 2011, c. 625, §4 (NEW).]
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.
[PL 2017, c. 284, Pt. C, §1 (AMD).]
2-B. Distribution from casino of table game income. 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 for essential programs and services for kindergarten to grade 12 under Title 20?A, chapter 606?B; [PL 2017, c. 284, Pt. C, §2 (AMD).]
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; [PL 2011, c. 417, §9 (AMD).]
C. Two percent of the net table game income must be forwarded directly to the municipality in which the table games are located; and [IB 2009, c. 2, §46 (NEW).]
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. [IB 2009, c. 2, §46 (NEW).]
[PL 2017, c. 284, Pt. C, §2 (AMD).]
2-C. Distribution of table game income from casino with a commercial track. 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; [PL 2011, c. 417, §10 (NEW).]
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; [PL 2011, c. 417, §10 (NEW).]
C. Two percent of the net table game income must be forwarded directly to the municipality in which the table games are located; and [PL 2011, c. 417, §10 (NEW).]
D. Two percent of net table game income must be deposited into the Coordinated Veterans Assistance Fund established in Title 37?B, section 514. [PL 2013, c. 128, §1 (AMD).]
[PL 2013, c. 128, §1 (AMD).]
3. Failure to deposit funds. A slot machine operator or casino operator who knowingly or intentionally fails to comply with this section commits a Class C crime. In addition to any other sanction available by law, the license of the operator may be revoked by the board and the slot machines or table games operated by that slot machine operator or casino operator may be disabled, and the slot machines or table games, slot machines’ or table games’ proceeds and associated equipment may be confiscated by the board and are subject to forfeiture under Title 17?A, section 959 or 960.
[IB 2009, c. 2, §47 (AMD).]
4. Late payments. The board 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.
[PL 2003, c. 687, Pt. A, §5 (NEW); PL 2003, c. 687, Pt. B, §11 (AFF).]
5. Annual report on use of funds.
[PL 2011, c. 358, §5 (RP).]
SECTION HISTORY
PL 2003, c. 687, §A5 (NEW). PL 2003, c. 687, §B11 (AFF). PL 2005, c. 109, §1 (AMD). PL 2005, c. 563, §10 (AMD). PL 2005, c. 663, §§11,12 (AMD). PL 2007, c. 466, Pt. A, §29 (AMD). PL 2009, c. 462, Pt. H, §1 (AMD). PL 2009, c. 571, Pt. FFF, §1 (AMD). PL 2009, c. 622, §2 (AMD). IB 2009, c. 2, §§45-47 (AMD). PL 2011, c. 358, §§4, 5 (AMD). PL 2011, c. 380, Pt. II, §1 (AMD). PL 2011, c. 417, §§7-10 (AMD). PL 2011, c. 477, Pt. DD, §1 (AMD). PL 2011, c. 625, §§3, 4 (AMD). PL 2011, c. 657, Pt. E, §1 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). PL 2013, c. 118, §§1, 2 (AMD). PL 2013, c. 128, §1 (AMD). PL 2015, c. 493, §4 (AMD). PL 2017, c. 284, Pt. C, §§1, 2 (AMD).