Bill Summary – FastDemocracy

APPROVED                  CHAPTER
                                                                 MARCH 28, 2024                  578
                                                                 BY GOVERNOR               PUBLIC LAW
                                   STATE OF MAINE
                                           _____
                           IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FOUR
                                           _____
                                   S.P. 901 - L.D. 2108
      An Act to Amend Maine's Charitable Organization Gaming Laws
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 17 MRSA §317-A, sub-§1, ¶E, as amended by PL 2001, c. 342, §2, is
further amended to read:
    E. Immediately suspend or revoke a commercial beano hall permit if there is probable
    cause to believe that the permittee or the permittee's employee committed murder or a
    Class A, B or C crime or violated a provision of Title 17‑A, chapter 15, 29, 37 or 39;
    and
    Sec. 2. 17 MRSA §317-A, sub-§1, ¶F, as amended by PL 2017, c. 284, Pt. JJJJJ,
§20, is further amended to read:
    F. Issue a subpoena in the name of the Gambling Control Unit in accordance with Title
    5, section 9060, except that this authority applies to any stage of an investigation under
    this chapter and is not limited to an adjudicatory hearing. This authority may not be
    used in the absence of reasonable cause to believe a violation has occurred. If a witness
    refuses to obey a subpoena or to give any evidence relevant to proper inquiry by the
    unit, the Attorney General may petition the Superior Court in the county where the
    refusal occurred to find the witness in contempt. The Attorney General shall cause to
    be served on that witness an order requiring the witness to appear before the Superior
    Court to show cause why the witness should not be adjudged in contempt. The court
    shall, in a summary manner, hear the evidence and, if it is such as to warrant the court
    in doing so, punish that witness in the same manner and to the same extent as for
    contempt committed before the Superior Court or with reference to the process of the
    Superior Court.;
    Sec. 3. 17 MRSA §317-A, sub-§1, ¶G is enacted to read:
    G. In addition to a fine imposed pursuant to section 325, impose a fine of not more
    than $100 per violation, after notice of the opportunity for a hearing under subsection
    4, on a licensee or registrant or a licensee's or registrant's agent or employee that has
    violated a provision of this chapter or a rule of the Gambling Control Unit prescribed
    by authority of this chapter; and
                                    Page 1 - 131LR2776(03)
    Sec. 4. 17 MRSA §317-A, sub-§1, ¶H is enacted to read:
    H. Execute a consent agreement that resolves the issue of a fine imposed pursuant to
    paragraph G on a licensee or registrant or a licensee's or registrant's agent or employee
    without further proceedings. A consent agreement may be entered into only with the
    consent of the licensee or registrant or the licensee's or registrant's agent or employee,
    the Gambling Control Unit and the Department of the Attorney General. A consent
    agreement does not absolve a person from potential liability for criminal violations.
    Sec. 5. 17 MRSA §317-A, sub-§4 is enacted to read:
    4. Imposition of fine and opportunity for hearing. The Gambling Control Unit shall
notify the licensee or registrant in writing that a fine is imposed pursuant to subsection 1,
paragraph G and of the right to a hearing pursuant to this subsection. The licensee or
registrant has the right to request a hearing before the Commissioner of Public Safety or
the commissioner's designee. Upon the licensee's or registrant's request for a hearing, the
Commissioner of Public Safety shall provide a hearing. The hearing must comply with the
Maine Administrative Procedure Act. The purpose of the hearing is to determine whether
a preponderance of the evidence establishes that the licensee or registrant or the licensee's
or registrant's agent or employee violated a provision of this chapter or a rule of the
Gambling Control Unit prescribed by authority of this chapter. A request for a hearing must
be made no later than 10 days after the licensee or registrant is notified of the fine. The
imposition of the fine must be stayed pending the hearing; the hearing must be held no later
than 30 days after the date the Commissioner of Public Safety receives the request unless
otherwise agreed to by the parties or continued upon request of a party for cause shown.
    Sec. 6. 17 MRSA §1835-A, sub-§5, as amended by PL 2019, c. 117, §6, is further
amended to read:
    5. Location. A registration for a game of chance must specify the location where the
organization may operate the game. A registrant may not operate games of chance in more
than one location at the same time.
    A. An agricultural society or a bona fide nonprofit organization may operate a game
    of chance on the grounds of an agricultural society and during the annual fair of the
    agricultural society. An agricultural society shall determine the number of registrants
    permitted to operate a game of chance during the annual fair of the agricultural society.
    B. No more than one registrant may operate a game of chance at a time on the same
    premises. In any room where a registered game of chance is being conducted, there
    must be at least one member of the organization registered to conduct games of chance
    present in that room for every 2 nonmembers who are present. That member must have
    been a member of the registered organization for at least one year. A member of the
    organization registered to conduct games of chance, either directly or through another
    member or guest, may not stake or risk something of value in the registrant's game of
    chance unless the member has been a member of the organization registered to conduct
    games of chance for at least 14 days not including the day of admission into
    membership.
A bona fide nonprofit organization may operate a registered game of chance to which the
general public has access no more than 4 times in a calendar year for a period not to exceed
4 consecutive days the duration of the annual fair of an agricultural society or the duration
                                    Page 2 - 131LR2776(03)
of a special event. The game of chance may be operated at any location described in the
organization's registration and may be conducted only by members of the registrant. This
subsection does not apply to raffles conducted in accordance with section 1837‑A.
    Sec. 7. 17 MRSA §1842, sub-§3, ¶D, as amended by PL 2017, c. 284, Pt. KKKKK,
§29, is further amended to read:
    D. Issue a subpoena in the name of the State Police in accordance with Title 5, section
    9060, except that this authority applies to any stage of an investigation under this
    chapter and is not limited to an adjudicatory hearing. This authority may not be used
    in the absence of reasonable cause to believe a violation has occurred. If a witness
    refuses to obey a subpoena or to give any evidence relevant to proper inquiry by the
    unit, the Attorney General may petition the Superior Court in the county where the
    refusal occurred to find the witness in contempt. The Attorney General shall cause to
    be served on that witness an order requiring the witness to appear before the Superior
    Court to show cause why the witness should not be adjudged in contempt. The court
    shall, in a summary manner, hear the evidence and, if it is such as to warrant the court
    in doing so, punish that witness in the same manner and to the same extent as for
    contempt committed before the Superior Court or with reference to the process of the
    Superior Court; and
    Sec. 8. 17 MRSA §1842, sub-§3, ¶E, as amended by PL 2017, c. 284, Pt. KKKKK,
§29, is further amended to read:
    E. Require such evidence as the unit determines necessary to satisfy the unit that an
    applicant or organization licensed or registered to conduct games under this chapter
    conforms to the restrictions and other provisions of this chapter. Charters,
    organizational papers, bylaws or other such written orders of founding that outline or
    otherwise explain the purpose for which an organization was founded must, upon
    request, be forwarded to the Gambling Control Unit. The Gambling Control Unit may
    require of any licensee, registrant or person registering or of any person operating,
    conducting or assisting in the operation of a game licensed or registered under this
    chapter, evidence as the unit may determine necessary to satisfy the unit that the person
    is a duly authorized member of the licensee, registrant or person registering or a person
    employed by the licensee, registrant or person registering as a bartender as required by
    section 1835, subsection 2 and section 1835‑A, subsection 2. Upon request, this
    evidence must be forwarded to the Gambling Control Unit. The Gambling Control
    Unit may require such evidence as the unit may determine necessary regarding the
    conduct of games authorized under this chapter to determine compliance with this
    chapter.;
    Sec. 9. 17 MRSA §1842, sub-§3, ¶F is enacted to read:
    F. In addition to a fine imposed pursuant to section 1844, impose a fine of not more
    than $100 per violation, after notice of the opportunity for a hearing under subsection
    5-A, on a licensee or registrant or a licensee's or registrant's agent or employee that has
    violated a provision of this chapter or a rule of the Gambling Control Unit prescribed
    by authority of this chapter; and
    Sec. 10. 17 MRSA §1842, sub-§3, ¶G is enacted to read:
                                    Page 3 - 131LR2776(03)
    G. Execute a consent agreement that resolves the issue of a fine imposed pursuant to
    paragraph F on a licensee or registrant or a licensee's or registrant's agent or employee
    without further proceedings. A consent agreement may be entered into only with the
    consent of the licensee or registrant or the licensee's or registrant's agent or employee,
    the Gambling Control Unit and the Department of the Attorney General. A consent
    agreement does not absolve a person from potential liability for criminal violations.
    Sec. 11. 17 MRSA §1842, sub-§5-A is enacted to read:
    5-A. Imposition of fine and opportunity for hearing. The Gambling Control Unit
shall notify the licensee or registrant in writing that a fine is imposed pursuant to subsection
3, paragraph F and of the right to a hearing pursuant to this subsection. The licensee or
registrant has the right to request a hearing before the Commissioner of Public Safety or
the commissioner's designee. Upon the licensee's or registrant's request for a hearing, the
Commissioner of Public Safety shall provide a hearing. The hearing must comply with the
Maine Administrative Procedure Act. The purpose of the hearing is to determine whether
a preponderance of the evidence establishes that the licensee or registrant or the licensee's
or registrant's agent or employee violated a provision of this chapter or a rule of the
Gambling Control Unit prescribed by authority of this chapter. A request for a hearing must
be made no later than 10 days after the licensee or registrant is notified of the fine. The
imposition of the fine must be stayed pending the hearing; the hearing must be held no later
than 30 days after the date the Commissioner of Public Safety receives the request unless
otherwise agreed to by the parties or continued upon request of a party for cause shown.
                                     Page 4 - 131LR2776(03)
Statutes affected: 
Bill Text LD 2108, SP 901: 17.317, 17.1835, 17.1842
Bill Text ACTPUB , Chapter 578: 17.317, 17.1835, 17.1842