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An Act To Clarify the Maine State Lottery Agent Licensing Process
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 8 MRSA §371, sub-§5, as enacted by PL 1987, c. 505, §2, is amended to read:
 
5. Person.   "Person" means an individual, association, corporation, limited liability company, limited partnership, limited liability partnership, partnership, club, trust, estate, society, company, receiver, trustee, assignee, referee or other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. "Person" means all departments, commissions, agencies and instrumentalities of the State, including counties and municipalities and agencies and instrumentalities thereof.
Sec. 2. 8 MRSA §372, sub-§2, ¶¶A, B and D, as enacted by PL 1987, c. 505, §2, are amended to read:
 
A. Supervise the operation of lotteries in accordance with this chapter and chapter 16 and with the rules promulgatedadopted under this chapter and chapter 16;
 
B. Act as the chief administrative officer, having general charge of the office and records and to employ such personnel as may be necessary to fulfill the purposes of this chapter and chapter 16. The personnel shallmust be employed with the approval of the commissioner and are subject to the Civil Service Law, except for the deputy director who shall beis appointed by and serveserves at the pleasure of the director;
 
D. In accordance with this chapter and chapter 16 and the rules promulgatedadopted under this chapter and chapter 16, license as agents to sell lottery tickets such persons who, in histhe director's opinion, will best serve the public convenience and promote the sale of tickets or shares. The director may require a bond from every licensed agent in such amount as provided by rule. Every licensed agent shall prominently display histhe agent's license, or a copy of histhe license, as provided by rule;
Sec. 3. 8 MRSA §372, sub-§2, ¶F, as enacted by PL 1987, c. 505, §2, is repealed.
Sec. 4. 8 MRSA §374, sub-§1, ¶H, as amended by PL 1991, c. 683, §1, is further amended to read:
 
H. The method to be used in selling tickets or shares and the types of sales promotions that may be conducted utilizing tickets or shares as approved in advance by the commission or the director or the director's designee;
Sec. 5. 8 MRSA §374, sub-§1, ¶I, as enacted by PL 1987, c. 505, §2, is amended to read:
 
I. The licensing of agentsissuing of licenses to sell tickets or shares, but a person under the age ofto qualified persons who are at least 18 shall not be licensed as an agentyears of age and the denial, suspension and revocation of those licenses;
Sec. 6. 8 MRSA §374, sub-§1, ¶J, as enacted by PL 1987, c. 505, §2, is amended to read:
 
J. The license fee to be charged to agentspersons applying for a license;
Sec. 7. 8 MRSA §374, sub-§1, ¶K, as amended by PL 1997, c. 301, §1, is further amended to read:
 
K. The manner and amount of compensation to be paid licensed sales agentsto persons licensed to sell lottery tickets or shares necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the general public;
Sec. 8. 8 MRSA §374, sub-§4, as enacted by PL 1993, c. 397, §1, is repealed.
Sec. 9. 8 MRSA §375, as amended by PL 1993, c. 641, §1 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
§ 375.Lottery sales; licensing; appeals
 
1. Factors.   A license as an agent to sell lottery tickets or shares may be issued by the director or the director's designee to any qualified person. Before issuing the license, the director or the director's designee shall consider at least the following factors:
 
A. The financial responsibility and security of the person and the person's business or activity;
 
B. The accessibility of the person's place of business or activity to the public;
 
C. The sufficiency of existing licensees to serve the public convenience; and
 
D. The volume of expected sales.
 
2. Appeals.  An applicant who is denied a licenseIf the director or the director's designee denies a person a license to sell lottery tickets or shares, the person may appeal the director's decision to the commission by filing a written appeal with the commission within 15 days of the mailing of the director's decision. An applicantA person aggrieved by a decision of the commission may appeal the commission's decision by filing a complaint with the District Court and serving a copy of the complaint upon the commission. The complaint must be filed and served within 30 days of the mailing of the commission's decision.
Sec. 10. 8 MRSA §376, sub-§1, as enacted by PL 1987, c. 505, §2, is amended to read:
 
1. Reasons for suspension or revocation.   The commissiondirector or the director's designee may suspend or revoke, after notice and hearing in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, any license issued pursuant to this chapter. The license may be temporarily suspended by the commission without prior noticedirector or the director's designee, pending any prosecution, investigation or hearing. A license may be suspended or revoked by the commissiondirector or the director's designee for just cause, including actions inconsistent with those considered appropriate for an agent operating a business on behalf of the State, or one or more of the following reasons:
 
A.  Failure to account for tickets received or the proceeds of the sale of tickets or to file a bond, if required by the commission, or to comply with instructions of the commissionprovisions of this chapter or rules adopted under this chapter concerning the licensed activity;
 
B.  Conviction of any criminal offense;
 
C.  Failure to file any return or report, to keep records or to pay any tax;
 
D.  Engaging in fraud, deceit, misrepresentation or conduct prejudicial to public confidence;
 
E.  Insufficiency of the number of tickets sold by the sales agenta person licensed to sell lottery tickets or shares; or
 
F.  A material change, since issuance of the license, with respect to any of the matters required to be considered by the director under section 375 or as defined by rules adopted under this chapter.
Sec. 11. 8 MRSA §376, sub-§2, as enacted by PL 1987, c. 505, §2, is repealed.
Sec. 12. 8 MRSA §409, sub-§2, as enacted by PL 1983, c. 732, §1, is repealed.
Sec. 13. 8 MRSA §411, as enacted by PL 1983, c. 732, §1, is repealed.
Sec. 14. 8 MRSA §412, as enacted by PL 1983, c. 732, §1, is repealed.
 
Effective 90 days following adjournment of the 125th Legislature, First Regular Session, unless otherwise indicated.