Maine lawmakers are currently considering proposals to expand tribal rights in the realm of online gambling, land-based casinos and electronic bingo and harness racing.
This move comes as federally recognized tribes in Maine have already been offering online sports betting for the past two months. Public hearings on these proposals are set to take place as lawmakers convene for the second regular session in Augusta. While these bills face potential resistance from Governor Janet Mills, who has historically opposed gambling measures, they represent a significant step in the ongoing push for enhanced tribal sovereignty in Maine.
The state’s tribal communities in Maine have long sought to attain the same rights and opportunities enjoyed by other federally recognized tribes across the country. Currently, due to the 1980 Maine Indian Land Claims Settlement Act, these communities are treated more like municipalities than sovereign nations. However, through collaboration with community activists and bipartisan lawmakers, they have been working towards greater tribal sovereignty. The recent meeting between Governor Mills and tribal leaders at the Blaine House signaled a shift towards a more cooperative approach for this legislative session.
Several bills have been introduced to expand tribal rights in the realm of gambling. One such bill, L.D. 1777, sponsored by Rep. Laura Supica, aims to allow federally recognized tribes to broaden their internet gambling offerings beyond sports betting. This includes other games of skill or chance offered through the internet. The bill also proposes changes to how the state utilizes online gambling revenue, with a focus on supporting public services and economic development in tribal and rural communities.
Under the proposed bill, the state’s allocation of online gambling revenue would be adjusted. Currently, 65 percent of the revenue goes to the General Fund, while the state’s Sire Stakes Fund and the Maine Harness Racing Commission each receive 5.5 percent.
However, Supica’s bill suggests allocating 40 percent to the state’s E-9-1-1 Fund for emergency communications, 20 percent to the Opioid Use Disorder Prevention and Treatment Fund, and 20 percent to the Emergency Housing Relief Fund. The state would continue to receive 10 percent for administrative services and the Gambling Addiction Prevention and Treatment Fund.
Similar to the existing online sports betting law, the proposed bill would grant tribes exclusive access to licenses for online gambling through the Gambling Control Unit in the Department of Public Safety. This exclusivity aims to provide tribes with opportunities for economic growth and investment in public services. However, there are concerns raised by Steve Silver, chairman of the Maine Gambling Control Board, who argues that licenses should not be limited to tribes. He also highlights potential negative impacts on the revenue of other businesses that offer sweepstakes, such as online trivia and soda bottle promotions.
Another bill, sponsored by Rep. Ben Collings, seeks to expand tribal gambling rights even further. L.D. 1944 would require the state to negotiate with tribes interested in establishing a casino on tribal lands. Additionally, the state may negotiate with all federally recognized tribes for a casino on non-tribal land in counties without existing casinos.
L.D. 1992, another bill sponsored by Collings, proposes allowing electronic bingo terminals and historical horse racing terminals to be operated by various entities, including federally recognized tribes, off-track betting facilities, commercial tracks, slot machine facilities and casinos. This bill also outlines the allocation of net revenue from these terminals.
The launch of online sports betting in November has already seen significant activity in Maine. Caesars Sportsbook and DraftKings have partnered with different tribes, including the Penobscot Nation, Houlton Band of Maliseets, Aroostook Band of Mi’kmaq Nation, and the Passamaquoddy Tribe. Mainers have wagered nearly $76 million and received $67.5 million in winnings as of December 28. The state has also collected approximately $887,000 in tax revenue. DraftKings currently dominates the market, accounting for a majority of the total wagers.
