LD 1370
pg. 12
Page 11 of 20 An Act To Enact the Maine Tribal Gaming Act Page 13 of 20
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LR 2023
Item 1

 
1.__Imposition of assessment for state regulatory
expenditures.__The State shall make annually an assessment
sufficient to compensate the State for the reasonable and
necessary costs of regulating gaming operations and conducting
law enforcement investigations pursuant to this subchapter.__
Such assessment must include any costs of fringe benefits for
personnel.

 
2.__Procedure for assessments.__On or before August 1st,
annually, starting with the first such date following the
commencement of gaming operations under this subchapter, the
State shall render to the tribal gaming agency a statement of
the total cost of regulation and law enforcement for the
preceding fiscal year ending June 30th, together with proposed
assessments for the forthcoming fiscal year based on the
preceding fiscal year cost, except that in the first year of
the effective date of this subchapter the assessment must be
prospective and based upon a pro rata allocation of costs if
this subchapter becomes operative in the course of a fiscal
year and must be established following consultation with the
tribal gaming agency.__On September 1st annually, the State,
after receiving any objections to the proposed assessments and
making such changes or adjustments as may be indicated, shall
provide a written notice that assesses the tribal gaming
operator for the costs of regulation and law enforcement.__
Annually, the tribal gaming operator shall pay 1/3 of the
assessment within 20 days of the receipt of the written notice
and shall pay the remaining 2/3 of the assessment in 2 equal
payments on January 1st and April 1st.__Such payments must be
deposited with the State Treasurer.__The money deposited must
be credited to the General Fund and must be accounted for as
the State considers appropriate.

 
3.__Procedure for appeal of assessments.__If the Tribes are
aggrieved because of any assessment levied pursuant to this
subchapter, either or both of the Tribes or the tribal gaming
operator may, not later than one month from the time provided
for the payment of such assessment, appeal an assessment to
the Superior Court for Kennebec County.

 
4.__Adjustment of excess assessments.__In the event that the
total assessment paid by the tribal gaming operator during any
fiscal year of the State exceeds the reasonable and necessary
costs of regulating gaming operations and conducting law
enforcement investigations pursuant to this subchapter during
that fiscal year, the State shall adjust the assessment for
the succeeding fiscal year in the amount necessary to offset
such excess assessment.__If the Tribes are aggrieved because
of any failure by the State to make such an adjustment, any
claim for such an adjustment must be presented in the appeal
of the assessment as provided in subsection 3.


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