An Act To Implement Recommendations of the MCJUSTIS Policy Board Concerning the Drafting of Crimes and Civil Violations Pursuant to Resolve 1997, Chapter 105, as Amended
Maine Legislature, Session 121, LD 1567
Committee: Judiciary
Amends: Title 7, Section 2143, 5 MRSA §3307-C, 7 MRSA §44, 7 MRSA §488, 7 MRSA §488-A, 7 MRSA §489, 7 MRSA §616-A, 7 MRSA §616, 7 MRSA §718, 7 MRSA §722, 7 MRSA §750, 7 MRSA §769, 7 MRSA §1034, 7 MRSA §1706, 7 MRSA §2872, 7 MRSA §2902-B, 7 MRSA §2908, 7 MRSA §2908-A, 7 MRSA §3950-A, 7 MRSA §3991, 7 MRSA §3991-A, 7 MRSA §4204, 7 MRSA §420, 8 MRSA §221-A, 8 MRSA §222, 8 MRSA §223, 8 MRSA §224, 8 MRSA §225, 8 MRSA §227-A, 8 MRSA §229, 8 MRSA §389, 9-B MRSA §466, 10 MRSA §1602, 10 MRSA §1606, 10 MRSA §1661-B, 10 MRSA §1702, 10 MRSA §1706, 10 MRSA §2364-B, 10 MRSA §2368, 10 MRSA §2505, 10 MRSA §2656, 10 MRSA §2702, 10 MRSA §8003, 12 MRSA §903, 12 MRSA §1880, 12 MRSA §1884, 12 MRSA §6204, 12 MRSA §6421, 12 MRSA §6436, 12 MRSA §6, 12 MRSA §6505-A, 12 MRSA §6551, 12 MRSA §6575-C, 12 MRSA §6621, 12 MRSA §6681, 12 MRSA §6703, 12 MRSA §6743, 12 MRSA §6747, 12 MRSA §6803, 12 MRSA §6851, 12 MRSA §6853, 12 MRSA §6854, 12 MRSA §6858, 12 MRSA §6861-A, 12 MRSA §6952, 12 MRSA §69, 12 MRSA §6954-A, 12 MRSA §8842, 12 MRSA §8849, 12 MRSA §8882, 12 MRSA §8883, 12 MRSA §8884, 12 MRSA §888, 12 MRSA §8887, 12 MRSA §9702, 13 MRSA §1778, 15 MRSA §455, 15 MRSA §1091, 15 MRSA §1092, 15 MRSA §5821, 17 MRSA §312, 17 MRSA §314-A, 17 MRSA §320, 17 MRSA §324, 17 MRSA §325, 17 MRSA §401, 17 MRSA §1031, 17 MRSA §1032, 17 MRSA §1033, 17 MRSA §1314, 17 MRSA §1314-A, 17 MRSA §1603, 17 MRSA §1610, 17 MRSA §2263, 17 MRSA §2264, 17 MRSA §2264-A, 17 MRSA §2264-B, 17 MRSA §2264-C, 17 MRSA §2269, 17 MRSA §2269-A, 17 MRSA §2272, 17 MRSA §2497, 17 MRSA §2741, 17 MRSA §2742, 17 MRSA §2922, 17 MRSA §2923, 17 MRSA §2924, 17 MRSA §3203, 17 MRSA §3204, 17 MRSA §3321, 17 MRSA §3321-A, 21-A MRSA §674, 21-A MRSA §682, 21-A MRSA §860, 22 MRSA §47, 22 MRSA §48, 22 MRSA §1554, 22 MRSA §1555-B, 22 MRSA §1593, 22 MRSA §1597, 22 MRSA §2155, 22 MRSA §2166, 22 MRSA §2167, 22 MRSA §2172, 22 MRSA §2383, 22 MRSA §2389, 22 MRSA §2492, 22 MRSA §2708, 22 MRSA §4314, 22 MRSA §7702-A, 22 MRSA §8705, 23 MRSA §1153, 23 MRSA §1401, 23 MRSA §1401-A, 23 MRSA §1980, 23 MRSA §3252, 23 MRSA §3254, 23 MRSA §6019, 23 MRSA §6023, 23 MRSA §7007, 25 MRSA §2001, 25 MRSA §2001-A, 25 MRSA §2004, 25 MRSA §2055, 25 MRSA §2465, 25 MRSA §2931, 26 MRSA §593, 26 MRSA §782, 26 MRSA §1082, 26 MRSA §1420-C, 26 MRSA §1420-D, 28-A MRSA §161, 28-A MRSA §20, 28-A MRSA §2075, 28-A MRSA §2077, 29-A MRSA §254, 29-A MRSA §452, 29-A MRSA §462, 29-A MRSA §505, 29-A MRSA §525, 29-A MRSA §532, 29-A MRSA §558, 29-A MRSA §1002, 29-A MRSA §1004, 29-A MRSA §1251, 29-A MRSA §1903, 29-A MRSA §1904, 29-A MRSA §1906, 29-A MRSA §1912, 29-A MRSA §1919, 29-A MRSA §1952, 29-A MRSA §2051, 29-A MRSA §2052, 29-A MRSA §2053, 29-A MRSA §2055, 29-A MRSA §2057, 29-A MRSA §2058, 29-A MRSA §2068, 29-A MRSA §2071, 29-A MRSA §2075, 29-A MRSA §2114, 29-A MRSA §2358, 29-A MRSA §2360, 29-A MRSA §2380, 29-A MRSA §2381, 29-A MRSA §2382, 29-A MRSA §2411, 29-A MRSA §2412-A, 29-A MRSA §2414, 29-A MRSA §2434, 29-A MRSA §2458, 29-A MRSA §2557, 32 MRSA §1093, 32 MRSA §1105, 32 MRSA §2276, 32 MRSA §2317, 32 MRSA §4662, 32 MRSA §4664-A, 32 MRSA §4666, 32 MRSA §4667, 32 MRSA §14058, 32 MRSA §14504, 32 MRSA §14512, 32 MRSA §14703, 32 MRSA §14704, 32 MRSA §14713, 32 MRSA §14805, 35-A MRSA §703, 35-A MRSA §770, 36 MRSA §1754-B, 36 MRSA §2113, 36 MRSA §4315, 36 MRSA §4362-A, 36 MRSA §4366-A, 36 MRSA §4366-B, 36 MRSA §4366-C, 36 MRSA §4641-K, 36 MRSA §5333, 37-B MRSA §806, 38 MRSA §349, 38 MRSA §418, 38 MRSA §423, 38 MRSA §483-A, 38 MRSA §967, 38 MRSA §972, 38 MRSA §1316-M

Legislative Document 
No. 1567 
H.P.1149 
House of Representatives, April 14,2003 
An Act To Implement Recommendations of the MCJUSTIS Policy 
Board Concerning the Drafting of Crimes and Civil Violations 
Pursuant to Resolve 1997, Chapter 105, as Amended 
Reported by Representative NORBERT of Portland for the MCJUSTIS Board pursuant to 
Resolve 2001, chapter 45. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed on recycled paper 
/J1~frJ.1Jl~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA §3307-C, sub-§2, as amended by PL 2001, c. 
471, Pt. A, §3, is further amended to read: 
2. 
Reportinq of owners and lessees of primary storage 
facilities. 
Each owner or lessee of primary storage facilities 
in the State shall make an accurate report on the first and 3rd 
Monday of each month to the State Planning Office on a 
form 
provided 
by 
the 
director. 
~his 
The 
form 
must 
contain 
a 
conspicuous statement of the penalties provided in subsection 4 
and must require the following information: 
A. 
The total inventory of each petroleum product stored in 
the State, as measured within not more than 3 working days 
prior to the reporting date; and 
B. 
The 
quantities 
of 
each 
petroleum 
product 
delivery 
expected into the State within 15 days of the reporting date 
or within any longer period established by the director. 
Sec. A-2. 5 MRSA §3307-C, sub-§3, as amended by PL 1999, c. 
758, §2, is further amended to read: 
3. 
Reportinq of primary suppliers. 
Each primary supplier 
of petroleum products shall make an accurate report on the 3rd 
Monday of each month to the State Planning Office on a 
form 
provided by the director, unless the report is already being 
submitted in accordance with federal regulations. 
The form must 
contain a 
conspicuous statement of the penalties provided in 
subsection 4 and must require the following information: 
~ais-~e£~~~-~~~-a-e9Rs~ie~9~s-~~~-~--~-~eRalties 
~~9viQeQ--~£--~~-~--aRQ--~fia~~--~~~~--~--~9119WiR~ 
iR~9~Rlati9R" 
A. 
Actual deliveries of all petroleum products in this 
State during the preceding calendar month; 
B. 
Anticipated deliveries of all petroleum products in this 
State during the following calendar month or during any 
longer period established by the director; and 
c. 
Allocation fractions for all petroleum products for the 
following month or for any longer period established by the 
director. 
Sec. A-3. 5 MRSA §3307-C, sub-§4, as enacted by PL 1989, c. 
501, Pt. DD, §13, is repealed and the following enacted in its 
place: 
4. 
Penaltr provisions. 
A person who violates this section 
is subject to the following penalties. 
A. 
An owner or lessee of a primary storage facility or a 
primary supplier 
covered by this section who 
fails 
to 
provide the information required by this section commits a 
Class D crime. 
Violation of this paragraph is a strict 
liability crime 
as 
defined in Title 
17-A. 
section 
34. 
subsection 4-A. 
B. 
An owner or lessee of a primary storage facility or a 
primary supplier covered by this section who knowingly or 
recklessly 
supplies 
false 
or 
misleading 
information 
is 
guilty of a violation of Title 17-A. section 453. 
C. 
An owner or lessee of a primary storage facility who 
supplies false or misleading information commits a civil 
violation for which a fine of $2.500 may be adjudged. 
PARTB 
Sec. B-1. 7 MRSA §44S, as amended by PL 1977, c. 696, §57, is 
repealed and the following enacted in its place: 
§445. 
Permits 
1. 
Violation. 
After notice of the establishment of grades 
or 
standards 
and 
the 
determination 
of 
brands. 
labels 
or 
trademarks. a person may not use a brand. label or trademark to 
identify 
farm 
products 
and 
sardines 
as 
being 
of 
a 
grade 
established before a permit is granted or after the revocation of 
the 
right 
to 
use 
such 
brand. 
label 
or 
trademark 
by 
the 
commissioner. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 
commits 
a civil 
violation for which a fine of not more than $50 may be 
adjudged. 
B. 
A 
person 
who 
violates 
subsection 
after 
having 
previously violated Subsection 1 commits a civil violation 
for which a fine of not more than $200 may be adjudged. 
Sec. B-2. 7 MRSA §488, as repealed and replaced by PL 1977, 
c. 696, §59, is repealed. 
Sec. B-3. 7 MRSA §488-A is enacted to read: 
§iBB-A. 
Prohibitions and penalties 
1. 
Violation. 
A person may not adulterate or misbrand, 
within the meaning of this Title, any commercial feeding stuff, 
commercial fertilizer, 
drug, 
food or vinegar or manufacture, 
sell, 
distribute, 
transport, 
offer 
or 
expose 
for 
sale, 
distribution or transportation any article of commercial feeding 
stuff, commercial fertilizer, drug, food or vinegar in violation 
of this Title. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 
commits 
a civil 
violation for which a fine of not more than $lOO may be 
adjudged. 
B. 
A 
person 
who 
violates 
subsection 
after 
having 
previously violated subsection 1 commits a civil violation 
for which a fine of not more than $200 may be adjudged. 
Sec. B-4. 7 MRSA §489, as amended by PL 1981, c. 470, Pt. A, 
§10, is further amended to read: 
§4B9. 
Ezceptions 
Ne A person shall may not be prosecuted under chapter 401, 
and sections 481 to 488 488-A and 640 to 643, when he that person 
can establish proof of purchase, and a guaranty signed by the 
person residing in the United States from whom the purchase was 
made, 
to 
the effect that 
the 
article in question is 
not 
adulterated or misbranded within the meaning of this Title. 
Sec. B-s. 7 MRSA §s30-A, sub-§3, as enacted by PL 2001, c. 
334, §l, is amended to read: 
3. 
Misbrandiug. 
If a manufacturer, distributor, processor, 
wholesaler or retailer falsely labels or advertises any food, 
food product or food ingredient offered for sale in the State as 
free 
of 
or 
made 
without 
recombinant 
deoxyribonucleic 
acid 
technology, genetic engineering or bioengineering, the food, food 
. product or food ingredient is misbranded in violation of section 
488-A. 
Sec. B-6. 7 MRSA §616-A, sub-§2, as enacted by PL 1989, c. 
841, §3, is repealed and the following enacted in its place: 
2. 
Civil violations. 
The 
fol1o~ing yiolations are ciyil 
violations. 
A. 
A person may not yiolate this subchapter or a 
rule 
adopted pursuant to this subchapter or Title 22, chapter 
A or 
a 
rule adopted pursuant to Title 22, 
chapter 
258-A. 
Except as proyided in paragraph a, the following 
penalties apply to yiolations of this paragraph. 
(1) 
A person who violates this paragraph commits a 
ciyil yiolation for which a 
fine of not more than 
$1,500 may be adjudged. 
(2) 
A person who yiolates this 
paragraph after haying 
previously yiolated this paragraph within the preyious 
4-year period commits a civil yiolation for which a 
fine of not more than $4,000 may be adjudged. 
B. 
A priyate applicator, as defined in Title 22, section 
1471 C, may not yiolate a rule regarding records maintained 
pursuant to section 606, SUbsection 2, paragraph G; Title 
22, section 1471-0; or a rule adopted pursuant to Title 22, 
section 1471-0. 
The following penalties apply to violations 
of this paragraph. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not more than $500 
may be adjudged. 
(2) 
A person who violates this paragraph after haying 
previously violated this paragraph within the previous 
4-year period commits a civil violation for which a 
fine of not more than $1,000 may be adjudged. 
Sec. B-7. 7 MRSA §616.A, sub·§2-A is enacted to read: 
2-A. 
Criminal violation. 
A person may not intentionally or 
knowingly violate this subchapter or Title 22, chapter 258-A, a 
rule adopted under this subchapter or Title 22, chapter 258-A or 
a 
restriction 
of 
a 
registration 
issued 
pursuant 
to 
this 
subchapter. 
A person who violates this subsection commits 
a 
Class E crime. 
Notwithstanding Title 17 -A, 
sections 1252 and 
1301, the court may impose a sentencing alternatiye of a fine of 
not more than $7,500 or a term of imprisonment of not more than 
days, or both, for each yiOlation. 
Prosecution under this 
subsection is by summons and not by warrant. 
A prosecution under 
this subsection is separate from an action brought pursuant to 
subsection 2. 
Sec. B-8. 7 MRSA §616-A, sub-§§4 and 5, as enacted by PL 1989, 
c. 841, §3, are repealed. 
Sec. B-9. 7 MRSA §718, as enacted by PL 1971, c. 77, §1, is 
amended to read: 
§718. 
Prohibited acts 
1. 
Prohibitions. The following acts and the causing thereof 
within the State ef-Maiae are prohibited: 
A. 
The manufacture or distribution of any commercial feed 
that is adulterated or misbranded; 
B. 
The adulteration or misbranding of any commercial feed; 
C. 
The distribution of agricultural commodities such as 
whole seed, 
hay, 
straw, 
stover, 
silage, 
cobs, 
husks 
and 
hulls, which are adulterated within the meaning of section 
717, subsection 1; 
D. 
The 
removal 
or 
disposal 
of 
a 
commercial 
feed 
in 
violation of an order under section 721; 
E. 
The failure or refusal to register in accordance with 
section 714; and 
F. 
The violation of 
t:B.e--J:.a6..t:--~~-aph--ef section 
722.L 
subsection 3. 
Sec. B-I0. 7 MRSA §722, as amended by PL 2001, c. 421, Pte B, 
§7 and affected by Pt. 
C, 
§1, is repealed and the following 
enacted in its place: 
5722. Penalties 
1. 
Civil violation. 
A 
person 
may 
not 
violate 
this 
subchapter 
or 
impede, 
hinder 
or 
otherwise 
prevent 
the 
commissioner or the commissioner's duly authorized agent from 
performing the commissioner's duties in connection with this 
subchapter. 
The following penalties apply to violations of this 
subsection. 
A. 
A person who violates. this subsection commits a civil 
violation for which a fine of not less than $100 and not 
more than $200 may be adjudged. 
B. 
A person who yiolates this subsection after haying 
preyiously 
violated 
this 
subsection 
commits 
a 
civil 
violation for which a fine of not less than $200 and not 
more than $500 may be adjudged. 
2. 
Trade secret violation. 
A person may not use to that 
person's own advantage or reveal to other than the commissioner 
or officers of the department or to the courts when relevant in 
any judicial proceeding information acquired under the authority 
of this subchapter concerning a method, record, formulation or 
process that as a trade secret is entitled to protection. 
A 
person who violates this subsection commits a civil violation for 
which a fine of not less than $100 and not more than $500 may be 
adjudged. 
This prohibition does not prohibit the commissioner or 
the 
commissioner's 
duly 
authorized 
agent 
from 
exchanging 
information of a regulatory nature with duly appointed officials 
of the United States Government or of other states who 
are 
similarly prohibited by law from reyealing this information. 
3. 
Awlication. 
This subchapter may not be construed as 
requiring the commissioner or the commissioner's agent to cause 
suit to be brought or institute seizure proceedings or issue a 
withdrawal 
from 
distribution 
order 
as 
a 
result 
of 
minor 
violations of this subchapter or when the commissioner believes 
that the public interest will best be served by suitable notice 
of warning in writing. 
4. 
Process. 
The 
authorities 
to 
whom 
a 
violation 
is 
reported shall cause appropriate proceedings to be instituted in 
a 
court of competent jurisdiction without delay. 
Before the 
commissioner reports a violation for suit to be brought. 
the 
distributor must have an opportunity to present the distributor'S 
view to the commissioner. 
5. 
Injunction. 
The commissioner is authorized to apply for 
and the court to grant 
a 
temporary or permanent 
injunction 
restraining a perspn from violating or continuing to violate this 
subchapter 
or 
any 
rule 
or 
regulation 
adopted 
under 
this 
subchapter notwithstanding the existence of other remedies at 
law. 
This injunction must be issued without bond. 
6. 
Reyiew. 
A person adversely affected by an act, order or 
ruling made pursuant to this subchapter may bring action within 
days after that act, order or ruling in the Superior Court in 
the county of the enforcement official's office for judicial 
review of the actions. The form of the proceeding must be any 
that may be provided by statute of the State to review decisions 
of administrative agencies or, in the absence or inadequacy of 
such a 
form, 
any applicable 
form of legal action, 
including 
actions for declaratory judgments or writs of prohibitory or 
mandatory injunctions. 
Sec. B-ll. 7 MRSA §750, as repealed and replaced by PL 1977, 
c. 696, §72, is repealed and the following enacted in its place: 
§750. Violations 
1. 
Violation. 
A person, 
firm 
or corporation 
may 
not 
violate this subchapter or 
a 
rule adopted pursuant to this 
subchapter. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not more than $100 may be 
adjudged. 
B. 
A 
person 
who 
violates 
subsection 
after 
having 
previously violated subsection 1 commits a civil violation 
for which a fine of not more than $200 may be adjudged. 
3. 
APJI)lication. 
This subchapter may not be construed as 
requiring the commissioner or the commissioner I s agent to report 
for suit or for the institution of seizure proceedings as 
a 
result 
of 
minor 
violations 
of 
this 
subchapter 
when 
the 
commissioner believes that the public interest will be best 
served by a suitable notice of warning in writing. 
Sec. B·12. 7 MRSA §769, as enacted by PL 1987, c. 425, §§1 
and 3, is repealed and the following enacted in its place: 
§769. 
Forfeitures for violations 
1. 
Violation. 
A person, 
firm 
or 
corporation 
may 
not 
violate this subchapter or 
a 
rule adopted pursuant to this 
subchapter. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not more than $100 may be 
adjudged. 
B. 
A 
person 
who 
violates 
subsection 
after 
having 
previously violated subsection 1 commits a civil violation 
for which a fine of not more than $200 may be adjudged. 
3. 
Application. 
This subchapter may not be construed as 
requiring the commissioner or the commissioner's agent to bring 
suit or institute seizure proceedings as 
a 
result of minor 
violations of this subchapter when the commissioner belieyes that 
the public interest will be best seryed by a suitable notice of 
warning in writing. 
Sec. B·13. 7 MRSA §1034·A, sub·§I, as enacted by PL 1989, c. 
459, §3, is amended to read: 
1. 
Rules. 
The commissioner shall adopt rules in accordance 
with 1;ae--Ma-ine--AamiB:i:s1;;f81;:i:ve--P-t"-ooedur-e--Ae1;T Title 5, chapter 
T 
concerning the program, 
including, 
but not limited to, 
program 
participation, 
identification 
of 
the 
varieties 
of 
potatoes eligible for inclusion in the potato variety labeling 
program, 
requirements 
of 
the 
inspection of potatoes 
in the 
program and appropriate methods of labeling. 
Ne A rule may 1lQ..t 
be adopted that requires the inspection of potatoes labeled by 
variety when the packer is not 
a 
participant in the potato 
variety labeling program. 
Sec. B·14. 7 MRSA §1034.A, sub·§3, as enacted by PL 1989, c. 
459, §3, is repealed and the following enacted in its place: 
3. Violation. 
A participant in the potato Yariety labeling 
program may not pack potatoes in a bag labeled with the name of a 
different potato variety. 
For the purposes of this subsection, 
each load of potatoes constitutes a separate yiolation. 
Sec. B·15. 7 MRSA §1034·A, sub·§5 is enacted to read: 
5. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who yiolates subsection 3 
commits 
a 
civil 
violation for which a fine of not more than $1, 000 may be 
adjudged. 
B. 
A 
person 
who 
violates 
subsection 
after 
haying 
previously violated subsection 3 commits a civil yiolation 
for which a fine of not more than $2,000 may be adjudged. 
Sec. B·16. 7 MRSA §1706, as repealed and replaced by PL 2001, 
c. 572, §24, is repealed and the following enacted in its place: 
§l706. 
Penalties 
1. 
Violation. 
Except as provided in section 1707 or unless 
another specific penalty or forfeiture is provided, 
a 
person 
commits a civil violation if that person violates a provision of 
or a rule or regulation adopted pursuant to: 
A. 
This chapter; 
B. 
Chapter 207; 
C. 
Chapter 303; or 
D. 
Chapter 305. 
2. 
Penalty. 
A person who violates this section commits a 
civil violation for which a fine of not more than $500 per day 
for each violation may be adjudged, except that the total of the 
fines may not exceed $50,000. 
Sec. B-17. 7 MRSA §2872, as enacted by PL 1985, c. 572, is 
repealed and the following enacted in its place: 
52872. Violations 
1. 
Civil violation. 
A person commits a civil violation if 
that person violates: 
A. 
Chapter 521; 
B. 
Chapter 523; or 
C. 
Chapter 527. 
2. 
Penalty. 
A person who violates this section commits a 
civil violation for which a fine of not less than $1 and not more 
than $50 may be adjudged for each colony in violation of chapter 
521. 523 or 527. 
Sec. B-18. 7 MRSA §2902-B, as enacted by PL 1999, c. 418, §2, 
is repealed and the following enacted in its place: 
52902-B. 
Sale of unpasteurized .ilk and milk products 
1. 
Sale of unpasteurized milk or milk product. 
A person 
may 
not 
sell 
unpasteurized 
milk 
or 
a 
product 
made 
from 
unpasteurized milk unless the label on that product contains the 
words "not pasteurized." 
2. 
Sale of unpasteurized .ilk or milk product at eating 
establishment. 
A person may not sell unpasteurized milk or a 
product made from unpasteurized milk at an eating establishment 
as defined in Title 22. section 2491. subsection 7. 
3. 
Exception. 
This section does not apply to farm cheese 
or to cheese that has been aged at a temperature above 35 degrees 
Fahrenheit for at least 60 days prior to sale. 
Sec. B-19. 7 MRSA §2908, as amended by PL 1999, c. 679, Pt. 
A, §11, is repealed. 
Sec. B-20. 7 MRSA §2908-A is enacted to read: 
§2908-A. 
Violations 
1. 
Violation. 
A firm. person. corporation or society may 
not sell milk or milk products in the State without the license 
or permits 
provided in sections 
2901-C 
and 
2902-A. 
violate 
sections 2901-A to 2904-A or neglect. fail or refuse to comply 
with those sections and the rules. regulations and standards of 
identity and guality issued pursuant to section 2910. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 
commits 
a civil 
violation for which a fine of not less than $250 and not 
more than $500 may be adjudged. 
B. 
A 
person 
who 
violates 
subsection 
after 
having 
previously violated subsection 1 commits a civil violation 
for which a fine of not less than $500 and not more than 
$1.000 may be adjudged. 
Sec. B-21. 7 MRSA §3950-A, as amended by PL 1997, c. 690. 
§33, is repealed and the following enacted in its place: 
§3950-A. 
Official refusal or neglect of duty 
1. 
Violation. 
A mayor. municipal officer. clerk. town or 
city manager, administrative assistant to the mayor. town or city 
councilor. 
dog recorder of unorganized territories. constable. 
police officer, sheriff or animal control officer commits a civil 
violation if that person 
refuses 
or 
intentionally fails 
to 
perform the duties imposed by: 
A. 
This chapter: 
B. 
Chapter 719: 
C. 
Chapter 720: 
D. 
Chapter 721; 
E. 
Chapter 725; or 
F. 
Chapter 727. 
2. 
Penalty. 
A person who violates subsection 1 commits a 
civil violation for which a fine of not less than $50 and not 
more than $250 and costs may be adjudged. 
3. 
Investigation. 
The commissioner, at the commissioner's 
own instance or upon written complaint made to the commissioner 
by 
another 
person, 
shall 
investigate 
an 
alleged refusal 
or 
neglect of duty by a municipal officer. 
4. 
Prosecution. 
The commissioner shall direct proceedings, 
actions and prosecutions instituted to enforce all laws relating 
to animals and to the liability of municipal officers and their 
agents for failure, neglect or refusal to comply with the laws 
relating to animals. 
Sec. B-22. 7 MRSA §3991, as amended by PL 1999, c . 547, Pt. 
B, §24 and affected by §80, is repealed. 
Sec. B-23. 7 MRSA §3991-A is enacted to read: 
§3991-A. 
Regulation of research institutions 
1. 
License necessaxy. 
A research or teaching institution 
of higher education may not employ live animals in scientific 
investigation, experiment or instruction or for the testing of 
drugs or medicines without first having been issued a license 
under this section by the commissioner. 
2. 
Application. 
A 
research 
or 
teaching 
institution 
desiring to obtain 
a 
license shall make 
application to 
the 
commissioner. 
On receipt of the application, the commissioner 
shall investigate as necessary to determine whether the public 
interest will be served by the issuance of the license. 
The 
commissioner may issue the license as long as the research or 
teaching institution, by reason of its standards, facilities, 
practices or activities, is a fit and proper institution to 
receive the license and that its issuance is in the public 
interest. 
The standards for licensure are those contained in 
United States 
Code, 
Title 
7, 
Section 
2143 
and 
any 
federal 
regulations issued pursuant to that law. 
This chapter may not be 
construed to be more restrictive than federal law. In the case of 
conflict between state law and federal law or a mandatory rule, 
regulation or order of the Federal Government or its agencies, 
the federal law, rule, regulation or order governs. 
3. 
Fees; 1icense reneva1. 
Before issuance of a license, 
each research or teaching institution licensed under this chapter 
shall pay to the commissioner a license fee of $50. 
A license 
expires on June 30th next following the date of issue. 
The 
commissioner 
shall 
annually 
renew 
each 
license 
upon 
the 
application of the licensee, unless, after notice and hearing as 
provided in this chapter, the commissioner finds that, by reason 
of the standards, facilities. practices or activities of the 
licensee. 
the 
renewal 
is not in the public interest. 
The 
commissioner, 
after notice 
and hearing 
as 
provided in this 
chapter. may modify. fail to renew. suspend or revoke any license 
if the commissioner finds that. 
by reason of the standards. 
facilities. 
practices 
or 
activities 
of 
the 
licensee. 
the 
continuation of the license is not in the public interest. 
4. 
Honcomp1iance. 
If. in the opinion of the commissioner. 
there is or may be noncompliance with or a violation of this 
chapter or of a rule adopted by the commissioner that is of 
sufficient gravity to warrant further action. the commissioner 
may 
reguest 
an 
informal 
conference with the licensee. 
The 
commissioner shall provide the licensee with adeguate notice of 
the conference and the issues to be discussed. 
If the commissioner finds that the factual basis of the alleged 
noncompliance with or violation of this chapter is true and may 
warrant further action. the commissioner: 
A. 
With the consent of the licensee. may enter into a 
consent 
agreement 
that 
fixes 
the 
period 
and 
terms 
of 
probation best adapted to protect the health and welfare of 
animals and to rehabilitate or educate the licensee; 
B. 
In consideration for acceptance of a voluntary surrender 
of the license. may negotiate stipulations. in a consent 
decree to be signed by the commissioner. the licensee and 
the Office of the Attorney GeneraL that ensure protection 
of the health and welfare of animals and that serve to 
rehabilitate or educate the licensee; 
C. 
If the 
commissioner 
concludes 
that modification or 
nonrenewal of the license may be in order. shall hold an 
adjudicatory hearing in accordance with Title 5. 
chapter 
375. subchapter 4; or 
D. 
If the 
commissioner 
concludes 
that 
suspension 
or 
revocation 
of 
the 
license 
is 
in order. 
shall 
file 
a 
Page l2-LROS26(1) 
complaint in the District Court in accordance with Title 4, 
chapter 5. 
5. 
Grounds 
for discipline. 
Grounds 
for 
an 
action to 
modify, 
suspend, 
revoke or refuse to renew the license of a 
person licensed under this chapter are: 
A. 
The practice of fraud or deceit in obtaining a license 
under this chapter or in connection with service rendered 
within the scope of the license issued: 
B. 
A violation of this chapter or a rule adopted by the 
commissioner; and 
C. 
Conviction of a crime involving cruelty to animals. 
6. 
Violation; penalty. 
A person may not knowingly violate 
this chapter or the rules issued pursuant to this chapter. 
The 
following penalties apply. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not more than $100 may be 
adjudged. 
B. 
A person who 
violates this subsection after having 
previously 
violated 
this 
subsection 
commits 
a 
civil 
violation for which a fine of not more than $250 may be 
adjudged. 
7. 
Rules. 
The 
commissioner may 
adopt rules that are 
necessary to carry out the purposes of this chapter. 
8. 
Inspection. 
In 
connection 
with 
the 
granting, 
continuance or renewal of a license and in connection with an 
investigation of alleged cruelty or alleged violation of this 
chapter 
or 
the 
rules 
issued pursuant to this 
chapter, 
the 
commissioner, 
at least annually, 
may visit 
and 
inspect 
the 
research and teaching institutions or animal research and care 
facilities 
of 
any 
licensee 
or 
of 
any 
research or 
teaching 
institution that has applied for a license. 
Sec. B-24. 7 MRSA §4204, sub-§ 1, as amended by PL 1999, c. 
723, §1, is further amended to read: 
1. 
Butrient manaqement plan required. 
A person who owns or 
operates a farm that meets the criteria established in subsection 
shall have a nutrient management plan for that farm and shall 
implement the provisions in that plan by the dates specified for 
that category of farm in subsection 4, 5, 6 or 7. 
The nutrient 
management 
plan must 
be 
prepared by 
a 
person certified in 
accordance with section 4202, subsection 2 and must address the 
storage and utilization of all farm nutrients generated on or 
transported to the farm. 
A nutrient management plan developed by 
a farm owner or operator is deemed to have been prepared by a 
certified nutrient management specialist if a certified nutrient 
management specialist reviews the plan for compliance with this 
chapter, signs the plan and notifies the department in accordance 
with subsection 3. 
~e~-~~veG~e€k-~~~-~~-a~&Fi&a&-~aaa§e~ea~ 
p~aa-~-~~-s~e~a§e-~~~~~~-e~-~~~~~1&Gt~-~e~ 
~he-~~~~~~-ape~a~iea-~~~~~~-~-a~-~~~-~r--~e~ 
e~ep-~a~~s7-~ae-~~~~~~~~~-~&~~~~a&~a-a~-~a~~ 
aQ~~ieR~s-~-~aRQ-~-whieh-~~-is-~~~-e~-~~~---~he 
p~aR-~&-~~~-~i~i~Qffi--Qis&aaaes-~-~~-s~e~a§eT 
s~ae*iR§-aaQ-G~ea4i~§-~~-~~~~1r-~~~aG-s~F~aee-wa~e~ 
easeQ-aa-G~~e-G~~~~€-~~~~--~~~~~-pF&~iGe-~eF-~aRQ~e 
s~e~a§e-~~--a-mi~~~~--18Q-~---A-~~~£~e~~-~-p~aR 
p ~epa~eQ - -i-n-- --aGGG-F-<ian-G& -wi ~h--thl-s- --aee-t;.~ - i s - ~-i-4ent.-i-a-l-~ 
- i s 
Re~--a--~~~€--~e€~~-~-~~~--~--~~~--~r--see&iea--4Q6T 
sQeSee~ieR--~r--~-eepy-~~-~-aQ~~ieR~-~-~~-~e~Qi~eQ 
QRQe~-~hl-s-~1o-n--~~S&-Be--<Wa-i-l-ahl~-1;G--~he-~-s-&:i~-~~-~he 
ee~issieRe~~S-QeGi§~ee-~~~~~--~-&~&F~&&-~aa~emea&-p~aR 
~QS~-iRe~QQe-~he-~e~~ewiR§+ 
8T--~~~~~s&aaees-~~~~-6~e~a§e7-~~~-aRQ 
sp~eaQiR§-a~eaS-aRQ--p~epe~~y-~iReS-aRQ-SQ~~aee-wa~e~st 
bT--~-t-S--&~-Ge~~-~~~-~e~--l~~s~aa&eG-~~-~~-p~aR 
~e~-~aRQ~e-sp~eaQiR§-e~-~aRQ~e-i~~i§a~ieRt 
gT---S~a~e~eR~--~--~~~-~~--~--baaG--Feeei~i~--~a~~ 
RQ~~ieR~St 
GT--~~~~~~-~~-£e€emmeaQeQ--~eF-~~-G~~~-e~ 
~aRQ~e-~aG-~~~-~--i~~i§a~ieR--&~--l~~~-ma£~£e,---~R 
ee~p~iaRee-~it~-Ge€~~~--4~~~r-~~-p~aR-~y-~--~eee~eRQ 
sp~eaQiR§-Be~Wee~-~-~-e~-a-€-a-l~-~-~aG-Ma~eh 
l§~h-e~-~he-~ellewiR§-ealeRQa~-yea~t-aRQ 
Sec. 8-25. 7 MRSA §4204, sub-§l-A is enacted to read: 
I-A. 
Plan requirements. 
For livestock farms, the nutrient 
management plan must address storage and utilization of farm 
nutrients for 
the entire 
farm operation including leased or 
rented land. 
For crop farms, the plan must address storage and 
utilization of farm nutrients on land on which manure is utilized 
or stored. 
A nutrient management plan must include or provide 
for: 
A. 
Minimum distances between manure storage, stacking and 
spreading areas and property lines and surface water based 
on site-specific factors: 
B. 
Manure storage for a minimum of 180 days; 
c. 
Provisions for soil erosion control; 
D. 
Minimum distances between manure storage, stacking and 
spreading areas and 
property lines and surface waters; 
E. 
Results of soil tests for land designated in the plan 
for manure spreading or manure irrigation; 
F. 
Results of manure tests; 
G. 
A statement of yield goals for 
land receiving farm 
nutrients; 
H. 
Additional information established through rulemaking: 
I. 
Site-specific dates 
recommended for the spreading of 
manure 
and spraying or irrigation of liquid manure. 
In 
compliance with section 4207, the plan may not recommend 
spreading between December 1st of a calendar year and March 
15th of the following calendar year; and 
J. 
A recommended timetable for implementing the plan. 
Sec. 8-26. 7 MRSA §4204, sub-§§9 and 10 are enacted to read: 
9. 
Violation. 
The following are civil violations for which 
a fine of up to $1,000 plus up to an additional $250 per day for 
each day that the violation continues may be adjudged: 
A. 
Failure 
to 
develop 
a 
nutrient 
management 
plan 
in 
accordance this section; and 
B. 
Failure to 
implement 
a 
nutrient management plan in 
accordance with this section or rules adopted pursuant to 
this section. 
Prior to the development of a plan, a person 
is not subject to a penalty for failure to implement a 
nutrient management plan. 
Page l5-LR0526(l) 
10. 
Rutrient management 
plan confidential. 
A nutrient 
management plan prepared in accordance with this section is 
confidential and is not a public record as defined in Title L 
section 402, subsection 3. 
A copy of a nutrient management plan 
required under this section must be available to the commissioner 
or the commissioner's designee upon request. 
Sec. B-27. 7 MRSA §420S, sub-§4 is enacted to read: 
4. 
Violation. 
The following are civil violations for which 
a fine of up to $1,000 plus up to an additional $250 per day for 
each day that the violation continues may be adjudged: 
A. 
Failure to obtain a 
livestock operations permit in 
accordance with this section; and 
B. 
Failure to comply with the conditions set forth in a 
livestock operations permit or a variance. 
Sec. B-28. 7 MRS A §4207, as enacted by PL 1997, c. 642, §2, 
is repealed and the following enacted in its place: 
§4207. 
Winter spreading of manure prohibited 
1. 
Winter 
spreading prohibited. 
Except 
pursuant 
to 
a 
variance granted under subsection 2, 
a person may not spread 
manure on agricultural fields between December 1st of a calendar 
year 
and 
March 
15th of 
the 
following 
calendar year. 
This 
prohibition includes the spreading of manure and spraying or 
irrigation of liquid manure. 
2. 
Variance. 
Upon application to the commissioner, 
the 
commissioner may grant a variance to allow a person to spread 
manure during the winter due to financial hardship or other 
circumstances that necessitate the application. 
In granting a 
variance, the commissioner shall impose restrictions to minimize 
potential environmental 
degradation 
and prescribe 
actions 
to 
ensure future compliance. 
3. 
Violation. 
A person who violates this section commits a 
civil violation for which a fine of Up to $1,000 per day for each 
day that spreading occurs may be adjudged. 
PARTC 
Sec. C-l. 8 MRSA §221-A, sub-§ll is enacted to read: 
11. 
Value. 
"Value" is determined in accordance with Title 
17-A, section 352, subsection 5. 
Sec. C-2. 8 MRSA §222, as amended by PL 1999, c. 671, §3, is 
repealed and the following enacted in its place: 
§222. 
Possession of fireworks 
1. 
Possession prohibited. 
A person may not possess or have 
under that person's control fireworks. 
2. 
Value does not exceed SlOOp 
If the value of 
the 
fireworks does not exceed $100, a person who violates subsection 
commits a civil violation for which a fine of not more than $50 
may be adjudged. 
3. 
Value exceeds S100. 
If the value of the fireworks 
exceeds $100, a person who violates subsection 1 commits a Class 
E crime. 
4. 
Excet»tion. 
This section does not apply to a 
person 
issued a permit pursuant to section 227-A. 
Sec. C-3. 8 MRSA §223, as enacted by PL 1985, c. 23, §2, is 
amended to read: 
§223. 
Sale of fireworks 
1. 
Sale of fireworks prohibited. 
Ne A person may not sell, 
possess with the intent to sell or offer for sale fireworks. 
2. 
Value exceeds $5,000. 
pessess-wi~~~~-~&&&&~-~e-~~-~~-e~~er-~e~-~~-~~~r~-ERe 
vaJ:~e-«--wRieR If the value of the fireworks exceeds $5, OOO~ 
person who violates subsection 1 commits a Class B crime. 
3. 
Value exceeds $1,000. 
IE--i-&--a--~.J..a.-6-6--G--e£iffie-~-Q--seJ:J:T 
pessess-wi~~~~-~a&&a~-~e-~~-~~-e~~er-~e~-~~-~~~r~&-ERe 
vaJ:~e-~-whieR If the value of the fireworks exceeds $1,000 but 
does 
not exceed $5,000, 
a 
person who violates subsection 
commits a Class C crime. 
4. 
Value does not exceed $1,000. 
IE--is--a--C-:J:..as.s--D--erime--Ee 
seJ:J:T---pessess--wiER--ERe--iBEeBE--Ee--seJ:J:--eF--effeF--feF--saJ:e 
fiFeweFl£s-~he-~-G-~-wRieR If the value of the fireworks does 
not exceed $1,000, a person who violates subsection 1 commits a 
Class D crime. 
§T--Va~.eT--~'~~~-~&-e~e£m-i~-~-aeee~QaBee-~1t~-~iEJ:e 
11-AT-see~ieB-6§aT-s~BseeEieB-§T 
Sec. C-4. 8 MRSA §224, as enacted by PL 1985, c. 23, §2, is 
amended to read: 
§224. 
Storage and manufacture of fireworks 
1. 
Storage. 
Ne A person may ~ 
store fireworks eHee~&-iB 
sQeR--~4~44~~£--~-~--&&--~eFmi~&ea--hy--~~-~~~-~~--~Re 
bemmissieBe£-~-~~~-Sa~e&y in a building or structure outside 
the premises of a 
fireworks manufactorYT if that building or 
other structure is located within 1,000 feet of any church, 
hospital, theatre, hall, place of assembly, workshop, factory or 
any inhabited building unless rules adopted by the commissioner 
permit storage in that building or structure. 
2. 
Certificate of public liability insurance required for 
manufacture. 
Ne A person may ~ 
manufacture fireworks without 
first furnishing the Commissioner of Public Safety, in an amount 
to be determined by Rim the commissioner, a certificate of public 
liability insurance to cover the losses, damages or injuries to 
persons or property that might result. 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
4. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title 17-A, section 34, subsection 
4-A. 
Sec. C-5. 8 MRSA §225, as enacted by PL 1985, c. 23, §2, is 
repealed and the following enacting in its place: 
§225. 
Transportation of fireworks 
1. 
Transportation of fireworks. 
A person may not transport 
fireworks in a motor vehicle or conveyance except as permitted by 
the rules adopted by the commissioner. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
3. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title 17-A, section 34, subsection 
4-A. 
Sec. C-6. 8 MRSA §227-A, sub-§§4, 5 and 6 are enacted to read: 
4. 
Permits: 
violation. 
A 
person 
may 
not 
conduct 
a 
fireworks 
display 
in violation 
of 
the 
permit 
issued 
under 
subsection 1. 
5. 
Pena1ties. 
The following penalties apply. 
At 
A person who conducts a fireworks display without a 
permit commits a Class D crime. 
B. 
A person who conducts a fireworks display in violation 
of a permit issued under subsection 1 commits a Class 
E 
crime. 
6. 
Strict 1iabi1ity. 
Violation of this section is a strict 
liability crime as defined in Title 17-A, section 34, subsection 
4-A. 
Sec. C-7. 8 MRSA §229, as amended by PL 1999, c. 671, §11, is 
repealed. 
Sec. C-8. 8 MRSA §389, as enacted by PL 1999, c. 176, §l, is 
repealed and the following enacted in its place: 
S3a9. 
Forged 1otte~ tickets 
1. 
Forge. counterfeit or a1ter ticket. 
A person may not 
forge or counterfeit a Maine State Lottery ticket, alter a Maine 
State Lottery ticket prepared by the Director of the State 
Lottery or cause such alteration or forgery. 
2. 
Pub1ish. pass or tender as true ticket. 
A person may 
not intentionally or knowingly publish, pass or tender as true a 
forged, altered or counterfeited Maine State Lottery ticket. 
3. 
Secure or manufacture. 
A person may not, with intent to 
defraud, 
secure, 
manufacture 
or 
cause 
to 
be 
secured 
or 
manufactured a counterfeit Maine State Lottery ticket. 
4. 
Possess counterfeit ticket or counterfeiting device. 
A 
person may not, with intent to defraud, possess a counterfeit 
Maine State Lottery ticket or a counterfeiting device. 
5. 
Pena1ty. 
A person who violates this section commits a 
Class D crime. 
PARTD 
Sec. D-l. 9-B MRSA §466, as amended by PL 2001, c. 44, §11 
and affected by §14 and amended by c. 
211, 
§15, is further 
amended to read: 
§466. 
Un1awfu1 acts 
The acts set forth in this section sha~~-Be ~ 
unlawful and 
sha~~-Be-QeemeQ ~ 
criminal offenses unless otherwise provided. 
1. 
Copyinq 
records 
of 
financia1 
institutions. 
Aay 
A 
director, corporator, officer, agent or employee of a financial 
institution who 
copies any of the books, 
papers, 
records or 
documents belonging to or in the custody of such institution, 
either for h~s that person's own use or for the use of any other 
person other than in the ordinary and regular course of h~s ~ 
person's duties, 
shall-~-p~fti&Bee-~~-~4Be-~-ae~-~~-~haa 
$~T~H;)g-eE-By-4~4~emne&t:-~-&£--n&t-~-e--t-ban--*"l-~r-G-l'--&Y-Be~h 
commits a Class E crime. 
2. 
Disclosures 
by 
service 
corporation 
employees. 
Any 
information derived from financial institution records or sources 
by personnel of a service corporation formed pursuant to section 
shall ~ 
not be disclosed except in the regular course of 
business. WheeveE A person who violates this subsection shall-Be 
pya~Shea-By-a-~4£e-~--n&t-~-e--t-ban-~l-~~~-&y-impl'-i&eftmeft&-€eE 
aeE-meEe-Ehaa-ll-mea~hsT-eE-BY-BeEh commits a Class E crime. 
3. 
Violation of orders. Ne A person sha~l may not violate 
aay ~ order of the superintendent lawfully served upon him thgt 
person. 
4. 
Unauthorized business. A person may not engage in the 
business of banking unless the person is properly authorized, nor 
may a person represent that that person is acting as a financial 
institution, 
nor 
use 
an 
artificial 
or 
corporate 
name 
that 
purports 
to 
be 
or 
suggests that the person is 
a 
financial 
institution 
unless 
the 
financial 
institution 
is 
properly 
authorized to do business in this State and except as provided in 
section 241, subsection 12. 
5. 
Procurinq loans. Ne 
A director, corporator, officer, 
agent, employee or attorney of a financial institution shal~ ~ 
~ 
stipulate for or receive or consent or agree to receive any 
fee, commission, gift or thing of value, from aay g person, firm 
or corporation for procuring or endeavoring to procure for syeh 
~ 
person, firm or corporation, or for any other person, firm or 
corporation, from any such financial institution, aay g loan or 
extension or renewal of loan or substitution of security, or the 
purchase or discount or acceptance of aay g paper, note, draft, 
check or bill of exchange by any such financial institution. 
NeEh~a~--eeREa~ReQ--~a--&h~s This subsection shall may not be 
construed to refer to the expenses of examining titles, drafting 
conveyances and mortgages and the performance of other purely 
legal services. 
6. 
Concealment. Ne A director, corporator, officer, agent 
or employee of a financial institution saa;l,;I, may not conceal or 
endeavor 
to 
conceal 
allY 
~ 
transaction 
of 
the 
financial 
institution from allY 
~ director, corporator, officer, agent or 
employee of the institution lleF-allY or an official or employee of 
the 
Bureau of Financial 
Institutions 
to 
whom 
it should 
be 
properly disclosed. 
7. 
Deception; false statements. Ne A director, corporator, 
officer, agent or employee of a financial institution sha;l,;I, may 
nQ..t maintain or authorize the maintenance of allY .an account of 
the financial institution in a manner whieh .th.gt" 
to his ~ 
person's 
knowledge, 
does 
not 
conform 
to 
the 
requirements 
prescribed by statutes applicable to the supervision of financial 
institutions or Fe(jJy;I,at.iells rules issued t.heFeYllaeF under those 
statutes; lleF-sha;l,;I,-syeh and that person may not, with intent to 
deceive, make allY 
~ false or misleading statement or entry or 
omit allY ~ statement or entry that should be made in allY ~ book, 
account, report or statement of the institutiont or obstruct or 
endeavor to obstruct a lawful examination or investigation of the 
institution or any of its affairs by an official or employee of 
the Bureau of Financial Institutions. 
8. 
Violation of Title or rules. If, in the opinion of the 
superintendent, allY g 
financial institution or its officers or 
directors have persistently violated allY 
~ prov~s~on of this 
Title, he the superintendent shall feFt.hwit.h immediately report 
the 
same 
with 
such 
remarks 
as 
he--aeems 
the 
superintendent 
determines expedient to the Attorney General.L. who may feFt.hwit.h 
immediately institute a prosecution t.heFefeF on behalf of the 
State. ~his-seet.iell-saa;l,~-app~y-t.e-seet.iell-~~~T 
9. 
False returns. Ne A director, corporator, officer, agent 
or employee of allY 
~ financial institution sha],],-w-i.,l.,l;f\illy ffiQY 
not 
intentionally or 
knowingly 
make 
a 
false 
return 
to 
the 
superintendent in response to allY ~ call for information issued 
by the superintendent or by a deputy superintendentT-lleE or upon 
the making or filing of allY ~ regular or special report required 
by this Title. 
10. 
Failure to make returns. Ally A financial institution 
waieR-sha]'~-fai;l, that fails to furnish reports and information to 
the superintendent, as required by this Title within the time 
specified, 
sha~],-ae ~ subject to a penalty of not more than $100 
per day for each day it is in violation of this section, which 
penalty may be recovered in a civil action in the name of the 
State. 
11. 
General penalties. 
The follow penalties apply. 
A. 
ABy 
A person 
responsible 
for 
an 
act 
or 
omission 
expressly declared to be 
a 
criminal offense by statutes 
pertaining to the supervision of financial institutions and 
for which no other penalty has been provided by statute 
sha~~-~~~~~&~-e~-~-misQemeaB9~-~-&&a~~-&e-~~-9y 
imp~is9Bm9Bt-f9E-Be~-me£e-~~~~-~~~-~~-~~B&-9f-B9t 
m9~e-~h~B-~~~--&~-99th commits a Class E crime, except 
notwithstanding Title 17 A, section 1301, a fine of not more 
than $5,000 may be imposed upon a natural person. 'f-the-aet 
9~-~~~-wa&-~~~-~-Qe~~~~Q7-~-peE69B-~~~-ge 
~~i~ty-~-~-fe~9By-~~~~-ge-~~~-a-~~~~~-B9t 
m9~e-~~-$~QTQQQ-~--9y-~~~--f9~-~--me~e-~~-9 
yea~sT-e~-9y-99thT 
A-I. 
A person who violates paragraph A with the intent to 
defraud commits a Class C crime. 
B. 
A director, corporator, officer, agent or employee of a 
financial institution sha~~-ge ~ responsible for an act or 
omission of 
the institution declared to 
be 
a 
criminal 
offense against statutes pertaining to the 
superv~s~on of 
financial institutions whenever, 
knowing that such act or 
omission 
is 
unlawful, 
he 
the 
person 
participates 
in 
authorizing, executing, ratifying or concealing such actT or 
in authorizing or ratifying such omission or, having a duty 
to take the required action, omits to do so. 
12. 
Strict liability. 
Except as otherwise specifically 
provided, violation of this section is a strict liability crime 
as defined in Title 17-A, section 34, subsection 4-A. 
PARTE 
Sec. E-l. 10 MRSA §1602, as amended by PL 1977, c. 694, §166, 
is repealed and the following enacted in its place: 
§1602. 
Licenses 
1. 
Unlawful use of trademark. 
After establishment by rules 
adopted in a 
manner consistent with the Maine Administrative 
Procedure Act of a trademark by the commission, a person may not 
use the trademark without first securing a permit or license from 
the Maine Potato Commission. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits 
a civil 
violation for which a fine of not more that $50 may be 
adjudged. 
B. 
A 
person 
who 
yiolates 
this 
section 
after 
having 
preyiously yiolated this section commits a civil violation 
for which a fine of not more than $200 may be adjudged. 
3. 
Additional remedies. 
The Maine Potato Commission or a 
duly authorized representatiye may recoyer penalties imposed for 
yiolation of this section in a ciyil action brought in the name 
of the commission, and if it prevails in such action may recover 
ful1 costs: or the commission may prosecute for yiolations of 
this section by complaint or indictment. The District Court and 
the 
Superior 
Court 
haye 
concurrent 
jurisdiction of 
actions 
brought for the recoyery of penalties imposed by this section and 
of prosecutions for yiolations thereof. All fines received under 
this section by county treasurers must be paid by them to the 
Treasurer of State and those fines must be appropriated for 
carrying out this chapter. 
Sec. E-2. 10 MRSA §1606 is repealed. 
Sec. E-3. 10 MRSA §1661-B, sub-§2, as enacted by PL 1989, c. 
83, §2, is repealed and the following enacted in its place: 
2. 
Penalties. 
The fol1owing penalties apply to violations 
of this section. 
A. 
A person, firm, partnership or corporation who violates 
this section commits a ciyil violation for which a fine of 
not more than $100 may be adjudged. 
B. 
A person, firm, partnership or corporation who violates 
this section after haying previously violated this section 
commits a ciyil yiolation for which a fine of not more than 
$500 may be adjudged. 
Sec. E-4. 10 MRSA §1661-B, sub-§3 is enacted to read: 
3. 
Enforcement. 
The Commissioner of Agriculture, Food and 
Rural Resources shall enforce this section pursuant to Title 7, 
section 14. 
Sec. E-S. 10 MRSA §1702, as amended by PL 1977, c. 694, §168, 
is repealed and the following enacted in its place: 
§1702. License 
1. 
Unlawful use of trademark. 
After the Maine Sardine 
Council establishes a trademark 
as proyided in section 1701, a 
person may not use the trademark without first securing a permit 
or license from the Maine Sardine Council. 
2. 
Penalties. 
The following penalties apply to yiolations 
of this section. 
A. 
A person who violates this section commits 
a ciyil 
violation for which a fine of not more than $50 may be 
adjudged. 
B. 
A 
person 
who 
yiolates 
this 
section 
after 
haying 
preyiously yiolated this section commits a ciyil yiolation 
for which a fine of not more than $200 may be adjudged. 
3. 
Enforcement. 
The 
Maine 
Sardine Councilor 
a 
duly 
authorized 
representatiye 
may 
recover 
penalties 
imposed 
for 
violation of this section in a civil action brought in the name 
of the council, and if it prevails in such action may recover 
full costs; or the council may prosecute for violations of this 
section by complaint or indictment. The District Court and the 
Superior Court have concurrent jurisdiction of actions brought 
for the recovery of penalties imposed by this section and of 
prosecutions for violations thereof. All fines received under 
this section by county treasurers must be paid by them to the 
Treasurer of State and those fines must be appropriated for 
carrying out this chapter. 
Sec. E-6. 10 MRSA §1706 is repealed. 
Sec. E-7. 10 MRSA §2364-B, sub-§5, as enacted by PL 1997, c. 
648, §2, is amended to read: 
5. Enforcement; violations. 
Upon request, 
a truck driver 
must present the trip ticket to any employee of the State charged 
with enforcing the provisions of this subchapter. 
Upon request, 
a wood scaler shall present the record of measurement including a 
copy of the trip ticket or information contained on the trip 
ticket to any employee of the State charged with enforcing the 
provisions of this subchapter. 
A-pe~seR-~~~~~~~~~y-with 
the - t*e .... -i-s-ieR-s- -o-f- ~-h-i-s- -s-eet: i-eB - 9~ - -mi-fH"-ep£~-S-- -Hrf-o-r-mat.-i-on- -GoB - a 
tFip-tie*et-is-s~a}eet-te-the-peRalties-pFeviaea-iR-seetieR-a368T 
A. 
A person who violates this section commits 
a civil 
violation 
and is subject 
to 
the penalties 
provided 
in 
section 2368. 
B. 
A 
person 
who 
violates 
this 
section 
after 
having 
previously 
violated 
this 
subchapter 
or 
rules 
adopted 
pursuant to this subchapter commits a civil violation and is 
subject to the penalties provided in section 2368. 
C. 
A person who misrepresents information on a trip ticket 
commits a civil violation and is subject to the penalties 
provided in section 2368. 
D. 
A person who misrepresents information on a trip ticket 
after having previously violated this subchapter or rules 
adopted 
pursuant 
to 
this 
subchapter 
commits 
a 
civil 
violation and is 
subject to 
the penalties 
provided 
in 
section 2368. 
Sec. E-8. 10 MRSA §2368, as enacted by PL 1983, c. 804, §11, 
is repealed and the following enacted in its place: 
§2368. 
Violations: penalties 
1. 
Civil violations. 
The 
following penalties apply to 
violations of this subchapter or a rule adopted pursuant to this 
subchapter. 
A. 
A person who violates this subchapter or a rule adopted 
pursuant to this subchapter is subject to a civil penalty of 
not more than $1,000. 
B. 
A person who violates this subchapter or a rule adopted 
pursuant to this subchapter after having previously violated 
this 
subchapter 
or 
a 
rule 
adopted 
pursuant 
to 
this 
subchapter is subject to a civil penalty of not more than 
$2,000. 
These penalties may be recovered by the state sealer on behalf of 
the State in a civil action. 
2. 
Private action. A person who violates this subchapter or 
a rule adopted pursuant to this subchapter is liable in a civil 
action to a person aggrieved by the violation pursuant to the 
remedies set forth in Title 26, section 626-A. 
The civil action 
for damages may be brought by either the aggrieved party or, at 
the reguest of the state sealer, by the Attorney General. 
Sec. E-9. 10 MRSA §2505, as amended by PL 1999, c. 646, §2, 
is repealed and the following enacted in its place: 
52505. 
Malfeasance 
1. 
Falsification 
of 
certificate. 
A 
licensed 
public 
weighmaster who falsifies a weight certificate or who delegates 
authority 
to 
a 
person 
not 
licensed 
as 
a 
licensed 
public 
weighmaster 
or 
who 
pre seals 
a 
weight 
certificate with 
the 
licensed public weighmaster's official seal before performing the 
act of weighing commits a ciyil yiolation for which a fine of not 
more than $100 may be adjudged. 
2. 
Misuse 
of seal. 
A 
holder 
of 
a 
corporate 
public 
weighmaster's license may not allow a person not licensed as a 
licensed public weighmaster to issue a weight certificate using 
the corporate seal. 
A. 
A person who yiolates this subsection commits a civil 
violation for which a fine of not more than $500 may be 
adjudged. 
B. 
A person who 
violates this subsection after having 
previously 
violated 
this 
subsection 
commits 
a 
civil 
violation for which a fine of not more than $1,000 may be 
adjudged. 
3. 
Holder of cox:porate license. 
For the purposes of this 
section. the person whose name appears on the application for a 
corporate license pursuant to section 2501, 
subsection 
is 
deemed to be the holder of the corporate license. 
Sec. E-I0. 10 MRSA §2656 is repealed and the 
following 
enacted in its place: 
§2656. 
Penalties 
1. 
Violation of subchapter: first and subsequent offenses. 
The following penalties apply to yiolations of this subchapter. 
A. 
A person who violates a 
prov~s~on of this subchapter 
commits a civil violation for which a fine of not more than 
$100 may be adjudged. 
B. 
A person who violates a 
prov~s~on of this subchapter 
after haying previously violated this subchapter commits a 
civil violation for which a fine of not more than $200 may 
be adjudged. 
2. 
Conducting 
business 
without 
license; 
first 
and 
subsequent offenses. 
A person may not conduct a 
business of 
dealer or repairman without having a certificate in full force. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not more than $100 may be 
adjudged. 
B. 
A person who 
violates this subsection after having 
previously 
violated 
this 
subsection 
commits 
a 
civil 
violation for which a fine of not more than $200 may be 
adjudged. 
Sec. E·ll. 10 MRSA §2702 is repealed and 
the 
following 
enacted in its place: 
§2702. Penalty for failure to pay 
1. 
P~nt for services 
rendered. 
A person, 
firm 
or 
corporation for whom scales, weights and measures or any weighing 
or measuring devices have been tested by 
a 
local sealer of 
weights and measures may not neglect or refuse to pay for the 
services rendered. 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person, firm or corporation who violates subsection 1 
commits a civil violation for which a fine of $3 plus costs 
must be adjudged. 
B. 
A person, firm or corporation who violates subsection 1 
after having previously violated subsection 
commits 
a 
civil violation for which a fine of not less than $10 plus 
costs and not more than $20 plus costs must be adjudged. 
Sec. E·12. 10 MRSA §8003·C, sub·§3, as enacted by PL 1999, c. 
687, Pte 
C, §12, is repealed and the following enacted in its 
place: 
3. Unlicensed practice; criminal penalties. Notwithstanding 
any other provision of law: 
A. 
A person who practices or represents to the public that 
the person is authorized to practice a profession or trade 
and intentionally, knowingly or recklessly fails to obtain a 
license 
as 
reguired 
by 
this 
Title 
or 
intentionally, 
knowingly 
or 
recklessly practices 
or 
represents 
to 
the 
public that the person is authorized to practice after the 
license reguired by this Title has expired or been suspended 
or revoked commits a Class E crime: and 
B. 
A person who practices or represents to the public that 
the person is authorized to practice a profession or trade 
and intentionally, knowingl¥ or recklessly fails to obtain a 
license 
as 
reguired 
by 
this 
Title 
or 
intentionally, 
knowingly 
or 
recklessly practices 
or 
represents 
to 
the 
public that the person is authorized to practice after the 
license required by this Title has expired or been suspended 
or revoked when the person has a prior conviction under this 
subsection commits a Class D crime. 
Title 17-A, section 9-A 
governs the use of prior convictions when determining a 
sentence, except that, for purposes of this paragraph, the 
date of the prior conviction must precede the commission of 
the offense being enhanced by no more than 3 years. 
PARTF 
Sec. F-l. 10 MRSA §2364-B, sub-§I, ,D, as enacted by PL 1997, 
c. 648, §2, is amended to read: 
D. 
For wood harvested in the State, the number on the 
harvest notification form filed with the Bureau of Forestry 
in accordance with Title 12, section 888~ 8883-B: 
Sec. F-2. 12 MRSA §903, as amended by PL 1977, c. 694, §237, 
is repealed and the following enacted in its place: 
§903. 
Rules 
1. 
Adoption of rules. 
The Baxter State Park Authority may 
adopt rules pursuant to the Maine Administrative Procedure Act it 
considers necessary for the protection and safety of the public 
or for the proper observance of the conditions and restrictions 
expressed in the deeds of trust of the Baxter State Park to the 
State. 
2. 
Violation of rules. 
A person who violates any of the 
rules of the Baxter State Park Authority commits 
a 
Class 
E 
crime. 
Except as otherwise specifically provided, these crimes 
are strict liability crimes as defined in Title l7-A, section 34, 
subsection 4-A. 
3. 
Destruction of structure. monument. marker or notice. 
A 
person 
who 
intentionally or 
knowingly mutilates, 
defaces 
or 
destroys 
any 
structure, 
monument 
or 
marker 
lawfully erected 
within the boundaries of the Baxter State Park, or any notice or 
rule of 
the Baxter State Park Authority that is posted in 
conformity with this section, commits a Class E crime. 
Sec. F-3. 12 MRSA §1880, sub-§I, as enacted by PL 1997, c. 
678, §13, is amended to read: 
1. 
Restricted zone; timber harvestinq. 
Timber harvesting 
operations are not permitted within the restricted zone, except: 
A. 
By 
direction 
of 
the 
bureau 
for 
the 
purpose 
of 
maintaining healthy forest conditions; or 
B. 
By direction of the bureau for the purpose of correcting 
situations arising from natural disasters. 
~he-~~~-ef-~~~~-is-~~~~~-wishiB-~~-FessFiesea 
seBeT---N~-~~-~--f±y--aBy--~~~~~--~~--~--spFay 
heFaieiaes--±eweF--&aa&--~-~~--~-~~-~eve~--eveF--aBY 
peFsieB-ef-she-FessFiesea-seBeT 
Sec. F-4. 12 MRSA §1880, sub-§2, as enacted by PL 1997, c. 
678, §13, is repealed. 
Sec. F-S. 12 MRSA §1880, sub-§§3 to 7 are enacted to read: 
3. 
Restricted zone: herbicides. 
The spraying of herbicides 
is prohibited within the restricted zone. 
4. 
Restricted zone: aircraft. 
A person may not fly an 
aircraft equipped to spray herbicides lower than 500 feet above 
ground level over any portion of the restricted zone. 
5. 
Waterway outside restricted zone. 
A person may not: 
A. 
Commence a timber harvesting operation in the waterway 
outside the restricted zone without consul tation with or, 
when 
required 
under 
subsection 
6, 
paragraph 
B, 
written 
approval from the bureau: or 
B. 
Commence a herbicide application in the waterway outside 
the restricted zone without written approval from the bureau 
under subsection 6, paragraph B. 
6. 
Operations and application outside restricted zone. 
The 
following requirements apply to timber harvesting and herbicide 
application in the waterway outside the restricted zone. 
A. Before a timber harvesting operation is commenced in the 
waterway outside the restricted zone, a management plan must 
be submitted to the bureau. The plan must contain: 
(1) 
A description of the proposed timber harvesting 
operation that includes the type of cutting: 
(2) 
The amount of timber proposed to be removed: 
(3) 
The time of year of cutting and removal: 
(4) 
The location of principal haul roads and crossings 
in the waterway to be used in connection with the 
proposed timber harvesting operation: 
(5) 
A plan for reforestation: 
(6) 
A stand table indicating species composition, size 
class and health of the original and residual stands: 
(7) 
The expected date of reentry: 
( 8) 
A pesticide or other chemical treatment planned, 
excluding the 
use of herbicides before 
December 
1, 
1990: and 
(9) 
A plan for mitigating evidence of harvesting. 
When a permit is not required under paragraph a, those who 
are submitting the management plan shall cooperate with the 
bureau to address any concerns of the bureau. 
a. 
When 
the bureau determines that 
a 
timber harvesting 
operation or herbicide application is proposed for an area 
in the waterway outside the restricted zone and visible from 
the 
watercourse, 
that operation 
may 
commence 
only with 
approval from the bureau. A request for approval on a form 
provided by the bureau must be completed and signed by the 
applicant. This paragraph may not be construed to excuse the 
applicant from obtaining other permits required by law. 
C. The bureau shall, within 30 days of receipt of a 
form 
requesting approval, either approve in writing the proposed 
timber harvesting or herbicide application upon terms and 
conditions 
the 
bureau 
determines 
are 
appropriate 
and 
reasonable 
or 
disapprove 
the 
request, 
setting forth 
in 
writing the reasons for the disapproval. If a decision is 
not made wi thin the 30 days, the request for the timber 
harvesting operation or herbicide application is considered 
approved 
under 
the 
provisions 
of 
the 
management 
plan 
submitted. 
D. The bureau shall approve a timber harvesting operation or 
herbicide application when it finds that the management plan 
provides for the silvicultural alternative that: 
(1) 
Produces the least adverse impact upon the natural 
character of the area in the waterway outside the 
restricted zone and visible from the watercourse for 
which 
the 
timber 
harvesting operation or 
herbicide 
application is proposed: and 
(2) 
Is economically feasible, except that an applicant 
may waive the reguirement of 
a 
finding of economic 
feasibility. 
E. Notwithstanding the prov1s1ons of paragraph D, the bureau 
may not deny approval for the removal of trees that are 
dead, dying or damaged by natural causes. 
F. Before di!2gpproving a reguest for approval or imposing 
terms and conditions under pgragraph C, 
the bureau shall 
have 
the 
reguest 
for 
approval 
and 
the 
management 
plan 
reviewed by gn experienced professional forester. 
7. 
Violations. 
The following penalties apply to violations 
of this !2ection. 
A. 
Except 
as otherwise provided in this subsection, 
a 
person who violates any provision of this section or rules 
adopted or permits i!2sued under this section commits a civil 
violation for which a fine of up to $1. 000 for each day of 
the violgtion may be adjudged. 
B. 
A person who intentionally or knowingly falsifies any 
statement contained in 
a 
management plan or application 
under this !2ection commits a civil violation for which a 
fine of up to $1,000 may be adjudged. 
C. 
A person who violates the herbicide provisions of this 
section is subject to the penalties of Title 22, section 
1471-J. 
In gddition, the bureau may in the name of the State institute 
gny 
appropriate 
action, 
injunction 
or 
other 
proceeding 
to 
prevent, 
restrain, 
correct 
or 
abate 
any 
violation 
of 
this 
!2ubchapter 
or 
of 
the 
rules 
or 
permits 
issued 
under 
this 
subchapter as provided in section 1884. 
Sec. F-6. 12 MRSA §1884, 3rd 1[, as amended by PL 2001, c. 604, 
§16, is repealed. 
Sec. F-7. 12 MRSA §6204, as enacted by PL 1977, c. 661, §5, 
is amended to read: 
§6204. 
General penalty 
A violation of any prov1s1on of marine resources' laws or 
any 
l'e~Ql-at;i-EHl-~-ho-c-i~-t.he£'eQBe.el' rule adopted pursugnt to 
mgrine resources' laws or adopted by legislative directive shall 
Be is a Class D crime, unless another penalty has been expressly 
provided. 
Except 
as 
otherwise 
specifically 
provided. 
crimes are strict liability crimes as defined in Title 
section 34. subsection 4-A. 
these 
17-A. 
Sec. F -8. 12 MRSA §6421, sub-§I, as amended by PL 2001, c. 
421, Pt. B, §19 and affected by Pt. c, §l, is repealed and the 
following enacted its place: 
1. 
License required. 
A person 
may 
not 
engage 
in the 
activities authorized under this section without a current: 
A. 
Class I lobster and crab fishing license: 
B. 
Class II lobster and crab fishing license: 
C. Class III lobster and crab fishing license: 
D. 
Apprentice lobster and crab fishing license: 
E. 
Student lobster and crab fishing license: 
F. 
Noncommercial lobster and crab fishing license: or 
s;. 
Other license issued under this Part authorizing the 
activities. 
Sec. F-9. 12 MRSA §6436, sub-§I, as enacted by PL 1977, c. 
661, §5, is repealed and the following enacted in its place: 
1. 
Egg-bearing and v-notched lobsters. 
A person may not 
take. transport. sell or possess: 
A. 
Any lobster that is bearing eggs: or 
B. 
Any female lobster marked with a v-notch in the right 
flipper next to the middle flipper or any female lobster 
that is mutilated in a manner that could hide or obliterate 
that 
mark. 
The 
right 
flipper 
is 
determined 
when 
the 
underside of the lobster is down and its tail is toward the 
person making the determination. 
Sec. F-I0. 12 MRSA §6S01, sub-§I, as amended by PL 2001, c. 
421, Pt. B, §25 and affected by Pt. C, §l is further amended to 
read: 
1. 
License required. 
A person may 
not engage 
in the 
activities 
authorized 
under 
this 
section without 
a 
current 
eeMffieFeial--fishi~--~~&&&-~-~~--~~~-~£~~--~hi6--PaFt 
a~tBeFiBiB~-tBe-aetivitiesT~ 
A. 
Commercial fishing license for a resident operator; 
B. 
Commercial fishing license for a resident operator and 
all crew members; 
C. 
Commercial fishing license for a nonresident operator 
and all crew members; or 
D. 
Other license under this Part authorizing the activities. 
Sec. F-ll. 12 MRSA §6505-A, sub-§I, as amended by PL 2001, c. 
421, Pt. B, §27 and affected by Pt. C, §l, is further amended to 
read: 
1. 
License required. 
A person may not fish for or take 
elvers or possess, ship, transport or sell elvers that the person 
has taken unless the person is issued aR one of the following 
elver fishing ~~eeRse licenses under this sectionT~ 
A. 
A resident elver fishing license for one device; 
B. 
A resident elver fishing license for 2 devices; 
C. 
A nonresident elver fishing license for one device; or 
D. 
A nonresigent elver fishing license for 2 devices. 
Sec. F-12. 12 MRSA §6551, as enacted by PL 1977, c. 661, §5, 
is repealed and the following enacted in its place: 
§6551. 
Tuna: method of taking 
A person may not: 
1. 
Fish for or take tuna: 
pe~itted methods. 
Fish for or 
take any tuna by any method other than by harpoons or by hook and 
line; or 
2. 
Possess. 
Possess any tuna that was taken in an unlawful 
manner. 
Sec. F-13. 12 MRSA §6575-C, sub-§§1 and 2, as enacted by PL 
1995, c. 536, Pt. A, §9, are amended to read: 
1. 
Dams with fishways. 
I1;--i-6--un-1-awf-u-l--~F--a A person 1;e 
may not fish for or take elvers within 150 feet of any part of a 
dam with a fishway or within 150 feet of a fishway. 
2. 
Alewife traps. 
I1;-4s-HR~aW~Hl-~eF-a A person 1;e may not 
fish for or take elvers within 50 feet of a licensed alewife trap. 
Sec. F-14. 12 MRSA §6575-C, sub-§3, as amended by PL 1997, c. 
575, §5, is repealed and the following enacted in its place: 
3. 
Portion of rivers. streams and brooks. 
A person may 
not: 
A. 
Fish for or take elvers at any time within the middle 
1/3 of 
a 
river, 
stream, 
brook or other watercourse, 
as 
measured at mean high tide, within the coastal waters of the 
State: or 
B. 
Obstruct the middle 113 of any riyer, stream, brook or 
other watercourse, as measured at mean low tide, within the 
coastal waters of the State. 
Sec. F-15. 12 MRS A §6575-C, sub-§4, as enacted by PL 1995, c. 
536, Pt. A , §9, is amended to read: 
4. 
Dip nets near elver fyke nets. 
*~--i-6--un-l-awf-tH,...-:€G-F--a A 
person ~e may not fish for or take elvers with a dip net in the 
mouth of an elver fyke net. 
For the purposes of this subsection, 
"mouth of an elver fyke net" means that area within an elver fyke 
net that is net-side of a straight line that runs from one meshed 
wing tip of the net to the other meshed wing tip. 
Sec. F-16. 12 MRSA §6621, sub-§§1 and 2, as enacted by PL 1977, 
c. 661, §5, are repealed and the following enacted in their place: 
1. 
Taking from closed areas. 
A person may not: 
A. 
Fish for or take shellfish from any area closed by 
regulation: 
B. 
Fish for or take shellfish from any area closed by 
regulation when the person has one or more prior convictions 
for violating paragraph A: 
C. 
Possess, ship, transport or sell shellfish taken from 
any area closed by regulation: or 
D. 
Possess, ship, transport or sell shellfish taken from 
any area closed by regulation when the person has one or 
more prior convictions for violating paragraph C. 
2. 
Washing or holding in closed areas. 
A person may not: 
A. 
Wash, 
hold or keep shellfish in any area closed by 
regulation: 
B. 
Wash, 
hold or keep shellfish in any area closed by 
regulation when the person has one or more convictions for 
violating paragraph A; 
C. 
Possess, ship, transport or sell shellfish washed, held 
or kept in any area closed by regulation; or 
D. 
Possess, ship, transport or sell shellfish washed, held 
or kept in any area closed by regulation when the person has 
one or more convictions for violating paragraph C. 
Sec. F-17. 12 MRSA §6621, sub-§4, as amended by PL 1997, c. 
628, §1, is further amended to read: 
4. 
Penalty. 
A person who violates this article commits a 
Class D crime. The following minimum penalties apply: 
A. 
For the first offense, a fine of not less than $300; and 
B. 
For subsequent offenses within 10 years from the date of 
conviction for the first violation, a fine of not less than 
$500. 
The court may not suspend a fine imposed under this subsection. 
Title 17-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
Sec. F-18. 12 MRSA §6681, sub-§§3 and 4, as enacted by PL 1983, 
c. 838, §6, are amended to read: 
3. 
Minimum size. 
1t:--i-s---unl-awf-uJ--t:e 
A person may 
not 
possess soft-shelled clam shell stock whose shells are less than 
inches in the largest diameterT~ 
A. 
If the soft-shelled clams comprise more than 
10<!-o but 
less than 20~ of a bulk pile as determined under subsection 
~ 
B. 
If the soft-shelled clams comprise 20% or more of a bulk 
pile as determined under subsection 4; or 
C. 
If the soft-shelled clams comprise 20% or more of a bulk 
pile as determined under subsection 4 and the person has one 
or more prior convictions for violating paragraph B. 
Title 
17-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
4. 
Tolerance. 
Any person may possess soft-shelled clams 
that are less than 2 inches ifT-~~~RR4R~-~~~-ef~et:~V&-aat:e 
e~-~~~~~~~~r-~hey-~~~-~&-~haR-~-e~-aBy-~~-p~le~ 
be~~RR~R~-~~~~-yeaF-~~~~7-~~~pF~&e-Je66-~~-~~-e~ 
aRy-b~Jk-~~~-~~~-~~~~-yeaF-1989T they comprise 
less than 
lO~ of 
any bulk pile. 
The tolerance shaJl--be is 
determined by numerical count of not less than one peck nor more 
than 4 pecks taken at random from various parts of the bulk pile 
or by a count of the entire pile if it contains less than one 
peck. 
Sec. F-19. 12 MRSA §6703, sub-§3, as enacted by PL 1985, c. 
662, §4, is amended to read: 
3. 
License limitation; quantity. 
In anyone day, 
the 
holder of a noncommercial scallop license may not take or possess 
more than 2 bushels of shell scallops or 4 quarts of shucked 
scallops. 
~he-heJQe£-e~-~~~~-~~~-~~-may-~ake 
e~--~&&e&&-~~~-~~-~e£--pe~seBal--Q&e-~-~-Re~--sell 
sealleps-he-has-~akeBT 
Sec. F-20. 12 MRS A §6703, sub-§3-A is enacted to read: 
3-A. 
License limitation: personal use. 
The holder of a 
noncommercial scallop license may take or possess scallops for 
personal use only and may not sell scallops the holder has taken. 
Sec. F-21. 12 MRSA §6743, sub-§§1 and 2, as enacted by PL 1981, 
c. 297, §4, are repealed and the following enacted in their place: 
1. 
Quahogs from closed areas. 
A person may not: 
A. 
Fish for or take quahogs, including mahogany quahogs, 
from an area closed by regulation; or 
B. 
Possess, 
ship, 
transport or sell quahogs, 
including 
mahogany quahogs, taken from an area closed by regulation. 
2. 
Washing or holding in closed areas. 
A person may not: 
A. 
Wash, 
hold or 
keep 
quahogs 
in 
an 
area 
closed 
by 
regulation; or 
B. 
Possess, ship, transport or sell quahogs washed, held or 
kept in an area closed by regulation. 
Sec. F-22. 12 MRSA §6747, sub-§§1 and 2, as enacted by PL 1987, 
c. 328, §3, are repealed and the following enacted in their place: 
1. 
Taking from closed areas. 
A person may not: 
A. 
Fish 
for 
or 
take 
mussels 
from 
an 
area 
closed 
by 
regulation: or 
B. 
Possess. ship. transport or sell mussels taken from an 
area closed by regulation. 
2. 
Washing or holding in closed areas. 
A person may not: 
A. 
Wash. 
hold 
or 
keep 
mussels 
in an 
area 
closed 
by 
regulation: or 
B. 
Possess. ship. transport or sell mussels washed. held or 
kept in an area closed by regulation. 
Sec. F-23. 12 MRSA §6803, sub-§I, as amended by PL 2001, c. 
421, Pt. B, §50 and affected by Pt. c, §1, is further amended to 
read: 
1. 
Permit required. 
A Except as provided in subsections 
I-A and 2. a person may not harvest, possess, ship, transport or 
sell seaweed without a current 
seaweeEl--pa--m-i-t-,--eHee~1o---t-hat:--afi. 
eHl~±eyee--<H:"---immeEl-ia4:.e--Fe-l-a-t:-i<m--t>-f--a- sealmed---~eFmi-1o---ho-l-de-r"--Hlay 
haFyes1o-T-~ssess ~--~Fafl.S~eF~--seaweeQ-~-<H:"--~~~~~--~HF~eses 
wi~h-a-sH~~±eHlefl.~a±-seaweeEl-~eFHli~Tl 
A. 
Resident seaweed permit: or 
B. 
Nonresident seaweed permit. 
Sec. F-24. 12 MRS A §6803, sub-§I-A is enacted to read: 
I-A. 
Supplemental 
permit. 
An 
employee 
or 
immediate 
relation of 
a 
seaweed permit holder may harvest. 
possess or 
transport seaweed for commercial purposes with a current: 
A. 
Resident supplemental seaweed permit: or 
B. 
Nonresident supplemental seaweed permit. 
Sec. F-25. 12 MRS A §6804, sub-§I, as amended by PL 2001, c. 
421, Pt. B, §51 and affected by Pt. c, §1, is further amended to 
read: 
1. 
License required. 
activities 
authorized 
under 
eeHlHleFeia±-shFiHl~-±ieefl.SeTl 
A person may 
this 
section 
A. 
Resident commercial shrimp license: 
not engage 
without 
a 
in the 
current 
a. 
Resident with crew commercial shrimp license; or 
c. 
Nonresident with crew commercial shrimp license. 
Sec. F-26. 12 MRSA §6851, sub-§1, as amended by PL 2001, c. 
421, Pt. a, §53 and affected by Pt. C, §1, is further amended to 
read: 
1. 
License required. 
A person may not 
engage 
in the 
activities 
authorized 
under 
this 
section without 
a 
current 
whelesale-seafeeQ-~~€eR£~~-~~--~~-~-aBG&r-Ghis-Pa~t 
aQthe~iBia§-the-aetivitiesT~ 
A. 
Wholesale seafood license; 
a. 
Supplemental wholesale seafood license; or 
C. 
Other license issued under this Part authorizing the 
activities. 
Sec. F-27. 12 MRSA §6853, sub-§1, as amended by PL 2001, c. 
421, Pt. a, §57 and affected by Pt. C, §1, is further amended to 
read: 
1. 
License required. 
A person may not engage in the 
activities authorized under this section without a current ma~iae 
we~m-Qeale~~s-~-~~-~~~-~~~-~his-PaFG-aQth9~iBia§ 
the-aetivitiesT~ 
A. 
Marine worm dealer's license; 
a. 
Supplemental marine worm dealer's license; or 
C. 
Other license issued under this Part authorizing the 
activities. 
Sec. F-28. 12 MRSA §6854, sub-§I, as amended by PL 2001, c. 
421, Pt. a, §58 and affected by Pt. C, §1, is further amended to 
read: 
1. 
License required. 
activities 
authorized 
under 
A person may 
this 
section 
A. 
Lobster transportation license; or 
not engage 
without 
a 
a. 
Supplemental lobster transportation license. 
in the 
leBste~ 
Sec. F-29. 12 MRS A §6855, sub-§I, as amended by PL 2001, c. 
421, Pt. B, §59 and affected by Pt. C, §l, is further amended to 
read: 
1. 
License required. 
activities authorized under 
A person may 
not engage 
in the 
this section without 
a 
6Re±±~i6R 
A. 
Shellfish transportation license: or 
B. 
Supplemental shellfish transportation license. 
Sec. F-30. 12 MRSA §6858, sub-§I, as amended by PL 1991, c. 
39, §9, is further amended to read: 
1. 
Size of lobster meat. 
;J;t:--i-s--un-l-aw-f.u.1--t:e A person may 
not possess any tail section of lobster meat removed from the 
shell except in accordance with rules adopted by the commissioner. 
Sec. F-31. 12 MRSA §6858, sub-§2, as enacted by PL 1977, c. 
661, §5, is repealed and the following enacted in its place: 
2. 
Condition of lobster meat. 
A person may not: 
A. 
Remove a tail section of lobster meat from the shell 
unless it is removed whole and intact: or 
B. 
Possess any tail section of lobster meat removed from 
the shell that is not whole and intact. 
Sec. F-32. 12 MRSA §6861-A, sub-§I, 1I11A and B, as enacted by PL 
1989, c. 348, §13, are amended to read: 
A. 
It-i6-~B±aw~~±-te A person may not possess crayfish meat 
removed from the shell except as follows: 
(1) 
For immediate personal consumption: 
(2) 
For the purpose of serving the meat immediately to 
a customer; 
(3) 
Under refrigeration and in its original container, 
clearly labeled as crayfish, with the country or state 
of origin clearly disclosed; or 
(4) 
Mixed with other food if receipts are available to 
prove the product is crayfish. 
A-~~~~-~--tRis-~~~--i-s--s~9jeet:-~~-~~-§eBe~a± 
peBalt:y-p~evi6ieBs-ef-seet:ieB-9694T 
B. 
It is prima facie evidence that lobster or crayfish meat 
is illegal lobster meat if the crayfish or lobster meat is 
outside the shell; is not in its original container and 
clearly labeled as crayfish, with the country or state of 
origin clearly disclosed; and: 
(1) 
Does not meet the legal length requirements for 
lobster established in section 6858; or 
(2) 
I s unmixed with any other food and there are no 
receipts available to prove the product is crayfish. 
A-~~~~~-&~-~£J~-~~~-~5-~~-te-~~-peBa*ties 
pFeviQeQ-9y-seetieB-9898~ 
Sec. F -33. 12 MRSA §6861-A, sub-§2, as enac ted by PL 1989, c . 
348, §13, is repealed and the following enacted in its place: 
2. 
Mix or commingle. 
A person may not: 
A. 
Mix or commingle crayfish in any form with lobster: 
13. 
Cause or allow crayfish to be mixed or commingled with 
lobster; or 
C. 
Possess a mixture of crayfish and lobster. 
Sec. F -34. 12 MRSA §6861-A, sub-§6, as enacted by PL 1989, c. 
348, §13, is repealed and the following enacted in its place: 
6. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
Violation of subsection 1, paragraph A is subject to the 
general penalty provisions of section 6201. 
B. 
Violation of subsection 1, paragraph B is subject to the 
penalty provisions of section 6431, subsection 7. 
C. 
Except as provided in paragraphs A and B, violation of 
this section is a Class D crime, except that the court shall 
impose a fine of not less than $100. 
Sec. F-35. 12 MRSA §6952, as amended by PL 1983, c. 52, is 
repealed. 
Sec. F-36. 12 MRSA §69S2-A is enacted to read: 
§6952-A. 
Trawling. seining or netting for lobster 
1. 
Trav1ing. seining or netting for 10bsters prohibited. 
A 
person may not: 
A. 
Fish for or take lobsters by use of an otter or beam 
trawl, a scallop drag or trawl, seine or net: or 
B. 
Possess any lobsters, regardless of their source, 
on 
board any boat rigged for otter or beam trawling, scallop 
dragging or trawling, seining or netting. 
2. 
Exception; 1iberated a1ive. 
A person does not violate 
this section if the lobster is immediately liberated alive in the 
coastal waters. 
3. 
Exceptions; boats. 
This section does not apply to: 
A. 
A boat rigged for otter or 
beam 
trawling, 
scallop 
dragging or trawling, or seining if all nets and scallop 
drags are removed from the boat: or 
B. 
A boat rigged for netting if there are no finfish taken 
by gill net aboard. 
Sec. F-37. 12 MRSA §6954-A, sub-§l, as amended by PL 1997, c. 
78, §2, is repealed and the following enacted in its place: 
1. 
Vio1ation. 
Unless permitted by rules 
adopted under 
subsection I-A, a person may not: 
A. 
Take scallops by any means within the Frenchboro area; or 
B. 
Operate 
any watercraft when 
towing 
a 
drag or trawl 
within the Frenchboro area. 
A drag or trawl must be lifted 
out of the water to transit the cable area. 
For purposes of this section, "the Frenchboro area" means the 
following area: 
starting at the easternmost point on Red Point, 
Swan's 
Island; 
thence 
in 
an 
easterly 
direction 
to 
the 
southernmost point of the western Sister's Island; thence in a 
southeasterly direction to the southernmost point of Crow Island: 
thence in a 
southerly direction to the northernmost point of 
Harbor Island, Frenchboro, Long Island: thence southerly to the 
state ferry 
terminal 
located on the eastern side of Lunt's 
Harbor, 
Frenchboro, 
Long 
Island, 
and 
then 
starting at 
the 
westernmost point of Gooseberry Point on Frenchboro, Long Island; 
westerly 
to 
the 
northeast 
point 
of 
John's 
Island; 
thence 
northwest to the easternmost point of the largest of the Baker 
Islands: thence northwesterly to the northeastern point of Harbor 
Island, Swan's Island: thence northerly to Quarry Wharf, Minturn, 
Swan's Island. 
Sec. F·38. 12 MRS A §8832, sub·§3 is enacted to read: 
3. Violation. 
A person may not: 
A. 
Misgrade shingles: or 
B. 
Engage in the unauthorized use of MCST grades. 
Sec. F·39. 12 MRSA §8842, as repealed and replaced by PL 
1983, c. 507, §2, is repealed. 
Sec. F·40. 12 MRSA §8842.A is enacted to read: 
§8842 A. 
Owner' s permission required 
1. 
Cutting prohibited. 
A person may not: 
A. 
Cut Christmas trees or evergreen boughs on land of 
another without securing written permission or a bill of 
sale from the owner or the owner's authorized agents. 
Qnly 
pne such permit is needed per work crew. 
Violation of this 
paragraph is a Class E crime: or 
B. 
Violate paragraph A when: 
(1) 
The value of the trees or boughs is more than 
$10,000. 
Violation of this subparagraph is a Class B 
crime: 
(2) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime: 
(3) 
The value of the trees or boughs is more than 
$2,000 but not more than $10, 000. 
Violation of this 
subparagraph is a Class C crime: 
( 4) 
The value of the trees or boughs is more than 
$1, 000 but not more than $2,000. 
Violation of this 
subparagraph is a Class D crime; or 
( 5) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
Title 17-A, section 401 in which the crime intended to 
be 
committed 
inside 
the 
structure 
is 
theft; 
any 
violation of Title 17 A, section 651: any violation of 
Title 
17-A, 
section 
702, 
or 
708: 
or 
attempts 
thereat. 
Title 17 -A, section 9-A governs the use of 
prior 
convictions 
when 
determining 
a 
sentence. 
Violation of this subparagraph is a Class C crime. 
2. 
Transport prohibited. 
A person may not: 
A. 
Transport Christmas trees or evergreen boughs without 
written permission or a bill of sale from the owner of the 
land where the trees or evergreen boughs were harvested or 
that owner's authorized agents. Violation of this paragraph 
is a Class E crime: or 
B. 
Violate paragraph A when: 
(1) 
The value of the trees or boughs is more than 
$10,000. 
Violation of this subparagraph is a Class B 
crime; 
(2) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime: 
( 3) 
The value of the trees or boughs is more than 
$2,000 but not more than $10,000. 
Violation of this 
subparagraph is a Class C crime: 
( 4) 
The value of the trees or boughs is mo re than 
$1, 000 but not more than $2,000. 
Violation of this 
subparagraph is a Class D crime; or 
(5) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
Title 17-A, section 401 in which the crime intended to 
be 
committed 
inside 
the 
structure 
is 
theft; 
any 
violation Title 17-A, 
section 651; 
any violation of 
Title 
17-A, 
section 
702, 
or 
708; 
or 
attempts 
thereat. 
Title 17-A, section 9-A governs the use of 
prior 
convictions 
when 
determining 
a 
sentence. 
Violation of this subparagraph is a Class C crime. 
3. 
Inspections and investigations. 
An officer authorized 
to make inspections and investigations under this article may 
require of any person, firm or corporation engaged in cutting or 
transporting Christmas trees or evergreen boughs to show: 
A. 
If engaged in cutting trees 
another, a current written permit 
pursuant to subsection 1, paragraph 
or 
boughs 
belonging to 
or bill of sale issued 
A; and 
B. 
If engaged in transportation, a current written permit, 
bill of sale, port of entry statement or other written proof 
of 
ownership 
when 
transporting 
for 
commercial 
purposes 
trees, loose or in bundles, or boughs, loose or baled. 
A 
driver shall carry this permit on the driver's person or in 
the vehicle. 
4. 
Remedies not exclusive. 
Prosecution under this section 
does not preclude the civil remedy available under Title 14, 
section 7552. 
5. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title 17 A, section 34, subsection 
4-A. 
Sec. F·41. 12 MRSA §8849, as repealed and replaced by PL 
1983, c. 507, §6, is repealed. 
Sec. F ·42. 12 MRSA §8882, as amended by PL 1997, c. 648, § 3, 
is further amended to read: 
§8882. Fo~s 
Forms required under this subchapter must be provided by the 
bureau and must be written in an easily understandable format. 
In addition to 
the 
information 
required 
under 
section 
8886 
8883-B, 
the bureau may 
request information regarding business 
practices and workers' compensation coverage. 
Sec. F·43. 12 MRSA §8883, as amended by PL 2001, c. 603, §2, 
is repealed. 
Sec. F·44. 12 MRSA §8883·B is enacted to read: 
§8883-B. 
Notification 
1. 
Notification required prior to harvest. 
Unless exempted 
under subsection 6 or by rule, prior to commencing harvesting 
operations the landowner or designated agent shall notify the 
bureau of: 
A. 
A harvest operation of 50 cords or less; or 
B. 
A commercial harvest operation of more than 50 cords. 
When the harvest is occurring within a municipality, the bureau 
shall send a copy of the notification form to the municipal clerk. 
2. 
Rotification form. 
Unless an alternate form or method 
of reporting is provided in rule, notification must be on forms 
supplied by the bureau and must include the following information: 
A. 
The name. address and phone number of the landowner, any 
designated agent and, if known, any harvester or harvesters; 
B. 
The 
name 
and 
address 
of 
any 
licensed professional 
forester consulting the landowner on forest management or 
harvesting practices; 
c. 
The municipality or township and county of harvest; 
D. 
The name of the nearest public or private all-weather 
road; 
E. 
The approximate dates the harvest will begin and finish; 
F. 
The anticipated acreage to be harvested; 
G. 
An indication whether the land being harvested is taxed 
under the Maine Tree Growth Tax Law. 
If the land being 
harvested is taxed under the Maine Tree Growth Tax Law. the 
notification 
must 
include 
a 
statement, 
signed 
by 
the 
landowner. indicating that the harvest is consistent with 
the forest management and harvest plan required by Title 36, 
section 
574-B, 
subsection 
1. 
A 
licensed 
professional 
forester who has a fiduciary responsibility to the landowner 
may sign the statement required in this paragraph. 
Failure to indicate that the harvest is consistent with the 
forest management and harvest plan constitutes a withdrawal 
from taxation under the Maine Tree Growth Tax Law of the 
land being harvested in a manner that is not consistent with 
the forest management and harvest plan. 
When such failure 
is indicated, the director shall notify the assessor for the 
jurisdiction in which the parcel is located that the land or 
a portion of the land no longer meets the requirements of 
Title 36, chapter 105, subchapter 2-A and must be withdrawn 
in accordance with Title 36, section 581; 
H. 
Whether 
the 
land is being harvested to convert to 
another use within 2 years and, if so, what that use is to 
~ 
If the land being converted to another use is taxed under 
the Maine Tree Growth Tax Law, notification of a change of 
land use under this subsection constitutes a withdrawal from 
taxation under the Maine Tree Growth Tax Law of that portion 
of land being converted to another use. 
When a change in 
land 
use 
is 
indicated, 
the 
director 
shall 
notify 
the 
assessor for the jurisdiction in which the parcel is located 
that the land or the portion of land no longer meets the 
reg:uirements of Title 36, chapter 105, subchapter 2-A and 
must be withdrawn in accordance with Title 36, section 581: 
I. 
The signatures of the harvester when listed on the form 
in accordance with paragraph A and the licensed professional 
forester 
when 
listed 
on 
the 
form 
in 
accordance 
with 
paragraph B: 
J. 
The signature of the landowner and the signature of the 
designated 
agent 
when 
a 
designated 
agent 
is listed in 
accordance with paragraph A. 
If the designated agent is a 
licensed 
professional 
forester 
who 
has 
a 
fiduciary 
responsibility 
to 
the 
landowner, 
the 
signature 
of 
the 
landowner is not reguired: 
K. 
A map locating the harvest site in relation to known or 
easily identifiable terrain features such as a road junction 
or a stream and road junction. 
The map must be a copy of a 
7.5 or 15 minute series topographical map produced by the 
United States Geological Surveyor a map of eguivalent or 
superior detail in the location of roads: and 
L. 
The date of notification. 
3. 
Harvest reporting forms. 
Upon receipt by the bureau of 
the form reg:uired under subsection 2, the bureau shall mail forms 
to 
the 
landowner 
or 
designated 
agent 
for 
reporting harvest 
information pursuant to this subchapter. 
4. 
Notification form on file: posted. 
The landowner or 
designated agent shall retain a copy of the notification form and 
produce it upon reguest of agents as specified in section 8888. 
The landowner or designated agent shall post the notification 
number at the harvest site in a clearly visible location. 
5. 
Duration. 
A notification shall remain valid for 2 years 
from 
the date of 
issue or 
upon 
completion of the harvest, 
whichever occurs first. 
If the harvest extends beyond 2 years, a 
new notice under this section must be filed. 
6. 
Notification exemption. 
The following activities are 
exempt from the notification reg:uirement under this section: 
A. 
Activities where forest products are harvested for an 
owner's own use and are not sold or offered for sale or used 
in the owner's primary wood-using plants: 
B. 
Precommercial silvicultural forestry activities: and 
C. 
Harvesting within a 12-month period when the total area 
harvested on land owned by that landowner does not exceed: 
(1) 
Two acres if the residual basal area of acceptable 
growing stock over 4 1/2 inches in diameter measured at 
1/2 feet above the ground is less than 30 square feet 
basal area per acre: or 
(2) 
Five 
acres 
if 
the 
residual 
basal 
area 
of 
acceptable growing stock over 4 1/2 inches in diameter 
measured at 4 1/2 feet above the ground is more than 30 
square feet basal area per acre. 
7. 
Penalties. 
The following penalties apply to the failure 
to notify the bureau pursuant to this section. 
Each day of 
failure to notify is a separate offense. 
A. 
Failure to notify the bureau of a harvest operation of 
cords or less constitutes a civil violation for which a 
fine of not more than $50 may be adjudged. 
B. 
Providing inaccurate information on a notification form 
for a harvesting operation of 50 cords or less is a civil 
violation for which a 
fine of not more than $50 may be 
adjudged. 
C. 
Failure to notify the bureau of a commercial harvest 
operation 
of 
more 
than 
cords 
constitutes 
a 
civil 
violation for which a fine not to exceed $1,000 for each 
occurrence may be adjudged and for which immediate cessation 
of the operation may be ordered by the court. 
Continued 
operation 
after 
rece~v~ng an 
order 
to 
cease 
operation 
constitutes a civil violation for which a fine not to exceed 
$1,000 for each day the operation continues may be adjudged. 
D. 
Providing inaccurate information on a notification form 
for a commercial harvesting operation of more than 50 cords 
is a civil violation for which a 
fine of not more than 
$1,000 for each occurrence may be adjudged. 
Sec. F-45. 12 MRSA §8884, sub-§4 is enacted to read: 
4. 
Failure to submit report: penalty. 
Failure to submit 
reports pursuant to this section constitutes a civil violation 
for which a fine not to exceed $1,000 for each failure may be 
adjudged. 
Sec. F-46. 12 MRSA §888S, sub-§I-A, as enacted by PL 1997, c. 
720, §15, is amended to read: 
l-A. 
Alternate harvest report. 
The director may develop 
alternate forms for or methods of collecting harvest information 
from landowners who do not harvest timber on a regular basis. 
The director shall define landowners subject to the provisions of 
this subsection and provide report forms pursuant to section 888~ 
8883-B, subsection a ~. 
Sec. F-47. 12 MRSA §888S, sub-§3, as amended by PL 1997, c. 
720, §17, is further amended to read: 
3. 
Reports. 
Reports required under subsections 1 and 2 are 
due during the month of January. 
If the period of cutting under 
subsection 1 or 2 extends beyond December 31st of any calendar 
year, 
a 
report 
saa~~ ~ 
be submitted during the month of 
January for 
the preceding year. 
A person filing 
a 
harvest 
notification form pursuant to section 
888~ 8883-B must complete 
and return to the bureau a harvest report whether or not the 
landowner has harvested that year. 
Sec. F-48. 12 MRSA §888S, sub-§6 is enacted to read: 
6. 
Failure to submit report: penalty. 
Failure to submit 
reports pursuant to this section constitutes a civil violation 
for which a fine not to exceed $1, 000 for each failure may be 
adjudged. 
Sec. F-49. 12 MRSA §8887, as amended by PL 2001, c. 603, §3, 
is repealed. 
Sec. F-SO. 12 MRSA §9702, as enacted by PL 1979, c. 545, §3, 
is repealed and the following enacted in its place: 
§9702. 
Hindering state forest ranger or town forest fire warden 
1. 
Hinder performance of duties or access. 
A person may 
A. 
Prevent or obstruct a state forest ranger or town forest 
fire warden in the performance of the ranger's or warden's 
duties or the exercise of the rights of entry, access or 
examination by any state forest ranger or town forest fire 
warden. 
Violation of this paragraph is a strict liability 
crime as defined in Title 17-A. section 34, subsection 4 A; 
or 
B. 
Attempt to prevent or obstruct a state forest ranger or 
town forest fire warden in the performance of the ranger's 
or warden's duties or the exercise of the rights of entry, 
access or examination by any state forest ranger or town 
forest fire warden. 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
PARTG 
Sec. G·l. 13 MRSA §1778 is 
repealed 
and 
the 
following 
enacted in its place: 
§1778. 
Inducing breach of contract; spreading false reports; 
penalty 
1. Violation. 
A person may not: 
A. 
Knowingly 
induce 
a 
member 
or 
stockholder 
of 
an 
association 
to 
violate 
the 
member's 
or 
stockholder's 
marketing contract with the association: 
B. 
Knowingly attempt to induce a member or stockholder of 
an association to violate the member's 
or stockholder's 
marketing contract with the association: or 
C. 
Intentionally or knowingly spread false reports about 
the finances or management of the association. 
2. 
Penalties. 
A person or corporation whose employees or 
officers violate this section commits a civil violation for which 
a fine of not less than $100 and not more than $1, 000 may be 
adjudged for each such offense. 
In addition, 
the person or 
corporation is subject to a civil penalty of $500 for each such 
offense, 
to be recovered in a civil action by the aggrieved 
association. 
PARTH 
Sec. H-l. 15 MRSA §455, as amended by PL 1993, c. 185, §1, 
is repealed and the following enacted in its place: 
§455. 
Record of sales of firearms 
1. 
Forms. 
A dealer may not: 
A. 
Sell, let or loan a firearm to a person without making a 
copy of the form a dealer must keep as prescribed by 18 
United States Code, Section 923. 
The copy must be made and 
marked as "STATE COpy" before the firearm is delivered: or 
B. 
Refuse to show or refuse to allow inspection of a copy 
of the form described in paragraph A to a sheriff, deputy 
sheriff, 
police 
officer, 
constable, 
game 
warden 
or 
prosecuting attorney. 
A person who violates this subsection commits a civil violation 
for which a fine of $50 may be adjudged. 
2. 
False or fictitious name. 
A person may not give a false 
or fictitious name to a dealer. 
A person who violates this 
subsection commits a civil violation for which a fine of $50 may 
be adjudged. 
3. 
Exception. 
This section does not apply to a wholesaler 
who sells only to other dealers or to a manufacturer who sells 
only at wholesale. 
Sec. H-2. 15 MRSA §1091, as amended by PL 1995, c. 356, §16, 
is repealed and the following enacted in its place: 
SI091. 
Failure to appear; penalty 
1. 
Failure to appear. 
A defendant who has been admitted to 
either preconviction or postconviction bail and who, 
in fact, 
fails to appear as required is guilty of: 
A. 
A Class E crime if the underlying crime was punishable 
by a maximum period of imprisonment of less than one year; or 
B. 
A Class C crime if the underlying crime was punishable 
by a maximum period of imprisonment of one year or more. 
2. 
Affirmative defense. 
It is an affirmative defense to 
prosecution 
under 
subsection 
that 
the 
failure 
to 
appear 
resulted from just cause. 
3. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title l7-A, section 34, subsection 
4-A. 
Sec. H-3. 15 MRSA §1092, as amended by PL 1995, c. 356, §17, 
is repealed and the following enacted in its place: 
SI092. 
Violation of condition of release 
1. 
Violation of condition of release. 
A defendant who has 
been granted preconviction or postconviction bail and who, 
in 
fact, violates a condition of release is guilty of: 
A. 
A Class E crime; or 
B. 
A Class C crime if the underlying crime was punishable 
by a maximum period of imprisonment of one year or more and 
the 
condition of 
release violated is 
one 
specified in 
section 1026, subsection 3, paragraph A, 
subparagraph (S)' 
(8) or (13). 
2. 
Affirmative defense. 
It is an affirmative defense to 
prosecution under subsection 1 that the violation resulted from 
just cause. 
3. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title 17-A, section 34, subsection 
4-A. 
PART I 
Sec. 1-1. 15 MRSA §5821, sub-§4-A, as enacted by PL 1989, c. 
820, §1, is amended to read: 
4-A. 
Conveyances used in violation of litter laws. 
All 
conveyances, including aircraft, watercraft, vehicles, vessels, 
containers or cranes that are used, or attempted to be used, to 
dump more than SOD pounds or more than 100 cubic feet of litter 
in violation of Title 17, section 6694 2264-A; 
Sec. 1-2. 17 MRSA §312, as amended by PL 1991, c. 426, §2, is 
repealed and the following enacted in its place: 
§312. 
License required: restricted hours 
1. 
License 
required. 
A 
person, 
firm, 
association 
or 
corporation may 
not 
hold, 
conduct 
or 
operate 
the 
amusement 
commonly known as "beano" or "bingo" for the entertainment of the 
public within the State unless that person, firm, association or 
corporation has obtained a license from the Chief of the State 
Police. 
2. 
Aiding and abetting. 
A person, 
firm, association or 
corporation may not aid or abet in viOlation of subsection 1. 
3. 
Restricted hours. 
A 
person, 
firm, 
association 
or 
corporation may not conduct "beano" or "bingo" on Christmas or 
between the hours of 12 midnight and 7 a.m. 
A person, firm, 
Page Sl-LROS26(1) 
association or corporation may not conduct "beano" or "bingo" on 
Sunday, except after the hour of 11 a.m. 
The prevailing time for 
the State is used to determine these hours. 
4. 
Penalty. 
A person who violates this section commits a 
civil violation for which a fine of not more than $1. 000 may be 
adjudged. 
5. 
Application. 
This chapter may not be construed to apply 
to any other amusement or game. 
Sec. 1-3. 17 MRSA §314-A, sub-§I, as amended by PL 1991, c. 
426, §3 and affected by §9, is further amended to read: 
1. 
Eliqible orqanizations. 
The Chief of the State Police 
may issue licenses to operate high-stakes beano or high-stakes 
bingo to asy ~ federally recognized Indian tribe. 
A. 
The Chief of the State Police may also issue, to asy ~ 
federally recognized tribe, licenses to sell lucky seven or 
other similar sealed tickets in accordance with section ~64 
324-A. 
B. 
In conjunction with the operation of high-stakes beano, 
federally recognized Indian tribes holding a license under 
this section may advertise and offer prizes for attendance 
with a value of up to $25,000 under the terms prescribed for 
raffles in section 331, 
subsection 6. 
Any prize awarded 
under this paragraph must be awarded only on the basis of a 
ticket of admission to the high-stakes beano game and may 
only be awarded to a person who holds an admission ticket. 
The Chief of the State Police may not issue more than one license 
under this section to a federally recognized Indian tribe for the 
same period. 
Sec. 1-4. 17 MRSA §314-A, sub-§§l-A and 2-A are enacted to 
read: 
I-A. 
Sealed tickets. 
The Chief of the State Police may 
also issue to any federally recognized Indian tribe licenses to 
sell lucky seven or other similar sealed tickets in accordance 
with section 324-A. 
2-A. 
Attendance prizes. 
In conjunction with the operation 
of high-stakes beano, a federally recognized Indian tribe holding 
a license under this section may advertise and offer prizes for 
attendance with 
a 
value 
of 
up 
to 
$25,000 
under 
the 
terms 
prescribed for raffles in section 331. subsection 6. 
A prize 
awarded under this subsection may be awarded only on the basis of 
a ticket of admission to the high-stakes beano game and may be 
awarded only to a person who holds an admission ticket. 
Sec.I-5. 17 MRSA §314-A, sub-§3-A is enacted to read: 
3-A. 
Exception. 
Notwithstanding 
subsection 
3, 
an 
organization licensed under this section may operate high-stakes 
beano or high-stakes bingo games on New Year's Eve and New Year's 
~ 
Sec. 1-6. 17 MRSA §314-A, sub-§5, as amended by PL 1991, c. 
426, §5, is repealed and the following enacted in its place: 
5. 
Restrictions; penalty. 
A licensee may not: 
A. 
Transfer or assign a license issued under this section: 
B. 
Operate or conduct a beano game or high-stakes beano 
game 
on the 
same premises on the 
same date as 
another 
licensee: or 
C. 
Conduct 
a 
game outside the Indian Territory of the 
licensed organization. 
A licensee who violates this subsection commits a civil violation 
for which a fine of not more than $1,000 may be adjudged. 
Sec. 1-7. 17 MRSA §314-A, sub-§9, as enacted by PL 2001, c. 
295, §1, is repealed. 
Sec.I-S. 17 MRSA §320, as amended by PL 1987, c. 197, §5, is 
repealed and the following enacted in its place: 
§3Z0. 
Conduct of beano 
1. 
Liquor prohibited. 
A licensee may not conduct "beano" 
or "bingo" in the same 
room where liquor is sold, served or 
consumed during the period of one hour before the conduct of the 
games. 
Z. 
Disorderly persons prohibited. 
A licensee 
may 
not 
permit a disorderly person to enter or remain within the room or 
area where "beano" or "bingo" games are being conducted. 
3. 
Penalty. 
A person who violates this section commits a 
civil violation for which a fine of not more than $1, 000 may be 
adjudged. 
Sec. 1-9. 17 MRSA §324, as amended by PL 1997, c. 373, §8, is 
repealed. 
Sec.I·I0. 17 MRSA §324·A is enacted to read: 
5324 A. 
Games of chance prohibited at "beano" locations 
1. 
Games of chance where "beano" located. 
A person may not 
conduct a "beano" game at any location where a lottery or other 
game of chance is conducted. 
2. 
Games of chance before "beano." 
A person may 
not 
conduct a lottery or other game of chance during the period of 
one hour before the conduct of any "beano" game at the specific 
location of the "beano" game, except that the following lotteries 
may be conducted during the period of one hour before the conduct 
of "beano" games. 
A. 
Lottery tickets issued by the State Liquor and Lottery 
Commission may be sold when 
a valid license 
certific~ 
issued by the commission is properly displayed. 
B. 
Raffle tickets may be sold in accordance with chapter 14. 
C. 
Lucky seven or similar sealed tickets may be sold when 
.that game of chance is licensed by the Chief of the State 
Police and when 
a valid license certificate is properly 
displayed. 
Notwithstanding the other 
prov~s~ons of this 
section and section 312, lucky seven games may be conducted 
dur ing the period beginning 
hours before and ending 
hours after a "beano" game. 
Notwithstanding any other rule, lucky seven or other similar 
sealed tickets may be sold that have a sale value of $1 or 
~ 
3. 
Location 
defined. 
For 
purposes 
of 
this 
section, 
"location" means the location specified in the location permit. 
4. 
Penalty. 
A person who violates this section commits a 
civil violation for which a fine of not more than $1,000 may be 
adjudged. 
Sec. 1·11. 17 MRSA §325, as amended by PL 1999, c. 74, §6, is 
repealed and the following enacted in its place: 
5325. 
Penalties 
1. 
Violation of chapter or rules: general penalty. 
Except 
as otherwise specifically provided, a person, firm, association 
Qr corporation that violates a provision of this chapter or a 
rule of the Chief of the State Police prescribed by authority of 
this chapter commits a civil violation for which a fine of not 
more than $l,QQO may be adjudged. 
2. 
Commercial 
beano 
hall 
violations. 
A 
person, 
corporation, partnership or unincorporated association that rents 
or leases a building or facilities to hold, conduct or operate 
"beano" or "bingo" 
commits 
a 
Class 
E crime if that person, 
corporation, partnership or unincorporated association: 
A. 
Rents 
or leases 
a 
building or facilities to hold, 
conduct or operate 
a 
"beano" or "bingo" 
game without 
a 
commercial beano hall permi t 
issued by the Chief of the 
State Police: or 
B. 
Violates a provision of this chapter or a rule adopted 
by the Chief of the State Police pursuant to this chapter. 
Violation of this sUbsection is a strict liability crime as 
defined in Title 17-A, section 34, subsection 4-A. 
Sec. 1·12. 17 MRSA §401 is repealed and the following enacted 
in its place: 
§401. 
Violations: penalty 
1. 
Preventing employment. 
An employer, employee or other 
person, by threats of injury, intimidation or force, alone or in 
combination with others, may not prevent a person from entering 
into, continuing in or leaving the employment of any person, firm 
or corporation. 
2. 
Maintaining 
blacklist. 
An 
employer, 
agent 
of 
an 
employer or other person, alone or in combination with others, 
may not attempt to prevent a wage earner in any industry from 
obtaining employment at that wage earner' s trade by maintaining 
or being a party to the maintaining of a blacklist. 
3. 
Penalty. 
A person who violates this section commits a 
Class D crime. 
Violation of this section is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. 1·13. 17 MRSA §1031, sub·§I, as corrected by RR 2001, c. 
1, §§18 to 20, is amended to read: 
1. 
Cruelty to animals. 
Except as provided in sYBseesieB 
l-A subsections I-D and l-E, a person, including an owner or the 
owner's agent, is guilty of cruelty to animals if that person 
intentionally, knowingly or recklessly: 
A. 
Kills or attempts 
to kill any animal belonging to 
another person without the consent of the owner or without 
legal privilege. 
Violation of this paragraph is a Class D 
crime; 
A 1. 
Violates paragraph A and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime; 
B. 
Except for a licensed veterinarian or a person certified 
under section 1042, kills or attempts to kill an animal by a 
method that does not cause instantaneous death. 
Violation 
of this paragraph is a Class D crime; 
B 1. 
Violates paragraph B and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime: 
C. 
If that person is a licensed veterinarian or a person 
certified under section 1042, kills or attempts to kill an 
animal 
by 
a 
method that does 
not 
conform to standards 
adopted 
by 
a 
national 
association 
of 
licensed 
veterinarians. 
Violation of this paragraph is a Class D 
crime; 
C-l. 
Violates paragraph C and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime: 
D. 
Injures, 
overworks, 
tortures, 
torments, 
abandons 
or 
cruelly beats or intentionally mutilates an animal; gives 
drugs to an animal with an intent to harm the animal; gives 
poison or alcohol to an animal; or exposes a poison with 
intent that it be taken by an animal. 
The owner or occupant 
of property is privileged to use reasonable force to eject a 
trespassing animal. 
Violation of this paragraph is a Class 
o crime; 
0-1. 
Violates paragraph 0 and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime: 
E. 
Deprives an animal that the person owns or possesses of 
necessary sustenance, 
necessary medical attention, 
proper 
shelter, 
protection 
from 
the 
weather 
or 
humanely 
clean 
conditions. 
Violation of this paragraph is a Class D crime; 
E-l. 
Violates paragraph E and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime: 
F. 
Keeps or leaves a domestic animal on an uninhabited or 
barren island lying off the coast of the State during the 
month 
of 
December, 
January, 
February 
or 
March 
without 
providing 
necessary 
sustenance 
and 
proper 
shelter~ 
Violation of this paragraph is a Class D crime; 
F-l. 
Violates paragraph F and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime; 
G. 
Hunts, traps or sells for the purpose of hunting any 
animal, except as permitted pursuant to Title 7, 
chapter 
202-A and Title 12, Part 10. 
Violation of this paragraph is 
a Class D crime; 
G-l. 
Violates paragraph G and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime; 
H. 
Injects, inserts or causes ingestion of any substance 
used solely to enhance the performance of an animal by 
altering the animal's metabolism to that animal's detriment, 
including but not limited to excessive levels of sodium 
bicarbonate in equines used for competition. 
Violation of 
this paragraph is a Class D crime; 
H-1. 
Violates paragraph H and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime; 
I. 
Commits bestiality on an animal. 
For purposes of this 
paragraph, "commits bestiality" means that a person: 
(1) 
Engages in a sexual act with an animal for the 
purpose of that person's sexual gratification; 
(2 ) 
Coerces anyone to engage in a sexual act wi th an 
animal; 
(3) 
Engages in a sexual act with an animal in the 
presence of a minor; 
(4) 
Uses any part of the person's body or an object to 
sexually stimulate an animal; 
(5) 
Videotapes a person engaging in a sexual act with 
an animal; or 
(6) 
For 
the 
purpose 
of 
that 
person's 
sexual 
gratification, kills or physically abuses an animal. 
For purposes of this paragraph, "sexual act" means any act 
between a person and an animal involving direct physical 
contact between the genitals of one and the mouth or anus of 
the other, or direct physical contact between the genitals 
of one and the genitals of the other. 
A sexual act may be 
proved without allegation or proof of penetration. 
This paragraph may not be construed to prohibit normal and 
accepted practices of animal husbandrYT~ 
Violation of this paragraph is a Class D crime: 
I-I. 
Violates paragraph I and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime: 
J. 
Kills or tortures an animal to frighten or intimidate a 
person or forces 
a 
person to injure or kill an animal. 
Violation of this paragraph is a Class D crime: or 
J-l. 
Violates paragraph J and, at the time of the offense, 
has 
or more prior convictions for violations of this 
section, section 1032 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime. 
Sec. 1·14. 17 MRSA §1031, sub·§I.A, as amended by PL 1999, c. 
481, §l, is repealed. 
. 
Sec. 1-15. 17 MRSA §I031, sub-§I.B, as enacted by PL 2001, c. 
425, §8, is amended to read: 
I-B. 
Aggravated cruelty to animals. 
A person is guilty of 
aggravated cruelty to 
animals if that person, 
in 
a 
manner 
manifesting a depraved indifference to animal life or suffering, 
intentionally, knowingly or recklessly: 
A. 
Causes extreme physical pain to an animal; 
B. 
Kills an animal; or 
C. 
Physically tortures an animal. 
Notwithstanding Title 17-A, section 1301, the court shall impose 
a fine of not less than $1. 000 and not more than $10,000 for a 
first or subseguent violation of this subsection. The sentencing 
prov~s~ons in subsection 3-B also apply to a person convicted of 
aggravated cruelty to animals. 
Sec. 1·16. 17 MRSA §1031, sub-§§I-C, I·D and I-E are enacted to 
read: 
I-C. 
Cat or 
dog; 
exceptions. 
Except 
as 
provided 
in 
subsections l-D and l-E, a person is guilty of cruelty to animals 
if that person intentionally, knowingly or recklessly: 
A. 
Kills or attempts to kill a cat or dog. 
Violation of 
this paragraph is a Class D crime; or 
B. 
Violates paragraph A and. at the time of the offense, 
has 2 or more convictions for violations of this section, 
section 
1032 
or 
essentially 
similar 
crimes 
in 
other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime. 
I-D. 
Licensed veterinarian. 
A licensed veterinarian or a 
person certified under section 1042 
may kill 
a 
cat or 
dog 
according to the methods of euthanasia under subchapter 4. 
I-E. 
Owner or owner's agent. 
A person who owns a cat or 
dog, or the owner's agent. may kill that owner's cat or dog by 
shooting it with a firearm if the following conditions are met: 
A. 
The shooting is performed by a person 18 years of age or 
older using a weapon and ammunition of suitable caliber and 
other characteristics to produce instantaneous death by a 
single shot; 
B. 
Death is instantaneous; 
C. 
Maximum precaution is taken to protect the general 
public, employees and other animals: and 
D. 
Any restraint of the cat or dog during the shooting does 
not cause undue suffering. 
Sec. 1-17. 17 MRSA §1031, sub-§2, tB, as enacted by PL 1987, c. 
383, §4, is amended to read: 
B. 
The defendant's conduct or that of his the defendant's 
agent was designed to control or eliminate rodents, ants or 
other common pests on his the defendant's own property; or 
Sec. 1-18. 17 MRSA §1031, sub-§3, as repealed and replaced by 
PL 2001, c. 425, §9, is repealed 
Sec. 1-19. 17 MRSA §1031, sub-§3-A, as enacted by PL 2001, c. 
425, §10, is repealed. 
Sec.I-20. 17 MRSA §1031, sub-§3-B is enacted to read: 
3-B. 
Penalties. 
The following apply to violations of this 
section. 
A. 
In addition to any other penalty authorized by law, the 
court shall impose a fine of not less than $250 for each 
violation 
of 
this 
section. 
The 
court 
may 
order 
the 
defendant 
to 
pay 
the 
costs 
of 
the 
care, 
housing 
and 
veterinary medical treatment for the animal. 
B. 
The court. as part of the sentence for a violation of 
this 
section, 
may 
prohibit 
the 
defendant 
from 
owning, 
possessing or having on the defendant's premises an animal 
or animals as determined by the court for a period of time, 
up to and including permanent relinguishment. as determined 
by the court. 
A person placed on probation for a violation 
of this section with a 
condition that prohibits owning, 
possessing 
or 
having 
an 
animal 
or 
animals 
on 
the 
probationer's premises is subject to revocation of probation 
and removal of the animal or animals at the probationer's 
expense if this condition is violated. 
The court as part of 
the sentence may order, as a condition of probation, that 
the 
defendant 
be 
evaluated 
to 
determine 
the 
need 
for 
psychiatric 
or 
psychological 
counseling 
and. 
if it is 
determined appropriate by the court, to receive psychiatric 
or psychological counseling at the defendant's expense. 
C. 
Title 
l7-A, 
section 
9-A 
governs 
the 
use 
of prior 
convictions when determining a sentence. 
Sec. 1-21. 17 MRSA §1032, sub-§I, as amended by PL 1999, c. 
481, §2, is further amended to read: 
1. 
Cruelty to birds. 
A person is guilty of cruelty to 
birds whe if that person intentionally, knowingly or recklessly: 
A. 
Keeps or uses any live pigeon, fowl or other bird for a 
target or to be shot at, either for amusement or as a test 
of skill in marksmanship. 
Violation of this paragraph is a 
Class D crime; 
A-I. 
Violates paragraph A and. at the time of the offense, 
has 
or more 
prior convictions for violations of this 
section. section 1031 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime: 
B. 
Shoots at any bird or is present as a party, umpire or 
judge at such shooting. 
Violation of this paragraph is a 
Class D crime; e~ 
B-1. 
Violates paragraph B and. at the time of the offense, 
has 
or more 
prior convictions for violations of this 
section. section 1031 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime: 
C. 
Rents any building, shed, room, yard, field or premises 
or knowingly suffers the use of the building, shed, 
room, 
yard, 
field or premises 
for 
~hese any of 
the purposes 
described 
in 
paragraphs 
A 
and 
B. 
Violation 
of 
this 
paragraph is a Class D crime; or 
C-1. 
Violates paragraph C and. at the time of the offense, 
has 
or more 
prior convictions for violations of this 
section, section 1031 or essentially similar crimes in other 
jurisdictions. 
Violation of this paragraph is a Class C 
crime. 
Sec. 1-22. 17 MRSA §1032, sub-§2, as amended by PL 1999, c. 
481, §2, is repealed and the following enacted in its place: 
2. 
Penalty. 
The following apply to violations of this 
section. 
A. 
In addition to any other penalty authorized by law, the 
court shall impose a fine of not less than $100 for each 
violation of this section. 
B. 
Title 
l7-A, 
section 
9-A 
governs 
the 
use 
of prior 
convictions when determining a sentence. 
Sec. 1-23. 17 MRSA §1033, sub-§I, as amended by PL 1997, c. 
690, §72, is further amended to read: 
1. 
Animal fightinq. A person is guilty of animal fighting 
wae if that person knowingly: 
A. 
Owns, possesses, keeps or trains any animal with the 
intent that the animal engage in an exhibition of fighting 
with another animal; 
B. 
For amusement or gain, causes any animal to fight with 
another animal or causes any animals to injure each other; 
or 
C. 
Permits any act in violation of paragraph A or B to be 
done on any premises under that person's charge or control. 
Aaima*-~~~~~-is-~-G~a&&-~-~r~r--~R-~~~-~e-~-esae~ 
peaa*sy-a~~he£~~~-~-~awr-~Re-~~-~~~-iffipe&e-a-~~~~~-aes 
*ess-saaa-$§QQ-fe~-eaea-vie*asiea-ef-sais-seesieaT 
Sec.I-24. 17 MRS A §1033, sub-§I-A is enacted to read: 
I-A. 
Penalty. 
A person who violates subsection 1 commits a 
Class C crime. 
In addition to any other penalty authorized by 
law, the court shall impose a fine of not less than $500 for each 
violation of subsection 1. 
Sec. 1-25. 17 MRS A §1033, sub-§2, as enacted by PL 1987, c. 
383, §4, is amended to read: 
2. 
Viewing animal fighting. Aay A person wae is guilty of 
viewing animal fighting if that person knowingly is present at 
any place or building where preparations are being made for an 
exhibition of the fighting of animals or is present at such sm 
exhibition is-~~i*sy-ef-a-G*ass-g-e~ime. 
Sec.I-26. 17 MRSA §1033, sub-§2-A is enacted to read: 
2-A. 
Penalty. 
A person who violates subsection 2 commits a 
Class D crime. 
Sec. 1-27. 17 MRSA §1314, as amended by PL 1981, c. 584, §2, 
is repealed and the following enacted in its place: 
§13I4. 
Penalties 
1. 
Public facilities: other rights. 
A person, 
firm or 
corporation or the agent of a person, firm or corporation may not: 
A. 
Deny or interfere with admittance to or enjoyment of the 
public facilities described in section 1312; or 
B. 
Otherwise interfere with the rights of a person who is 
totally 
or 
partially 
blind 
or 
a 
person 
with 
other 
disabilities under section 1312. 
2. 
Penalty. 
Violation of this section is a Class E crime. 
Violation of this section is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A. 
Sec.I-28. 17 MRSA §1314-A is enacted to read: 
§l314-A. 
Misrepresentation of guide dog 
A person who fits a dog with a harness of the type commonly 
used by blind persons in order to represent that the dog is a 
guide dog, when training of the type that guide dogs normally 
receive has not been provided, 
commits 
a civil violation for 
which a fine of not more than $100 may be adjudged. 
Sec. 1-29. 17 MRSA §1603, as amended by PL 1991, c. 797, §2, 
is repealed and the following enacted in its place: 
§1603. 
Uttering fraudulent receipts 
1. 
Fraudulent receipt for delive~ or deposit of goods. 
A 
person 
who 
fraudulently makes 
or utters 
a 
receipt or other 
written evidence of the delivery or deposit of any grain, flour, 
pork, wool or other goods, wares or merchandise in any warehouse, 
mill, 
store 
or 
other building, 
when 
the 
quantity 
specified 
therein had not. in fact. been delivered or deposited in such 
building, commits a Class B crime. 
2. 
Fraudulent receipt for delivery and deposit of bonds or 
securities. 
A person who fraudulently makes or utters a receipt 
or other written evidence of the delivery or deposit with that 
person of any bonds or other securities or evidences of debt, 
when the same have not, in fact, been so delivered and deposited, 
commits a Class B crime. 
Sec. 1-30. 17 MRS A §1608-A, as enacted by PL 1965, c. 71, is 
repealed and the following enacted in its place: 
§1608-A. 
Sale of finger alphabet cards as inducement in sale of 
merchandise 
1. 
Sale of finger alphabet cards. 
A person may not engage 
in the business of peddling finger alphabet cards or printed 
matter stating that the person is deaf or use finger alphabet 
cards or such printed matter in any way as a means of inducement 
in the sale of merchandise. 
2. 
Issuance of license prohibited. 
A person may not issue 
to another person a state or local license for the purpose of 
peddling finger alphabet cards or printed matter stating that the 
other person is deaf. 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Violation of this section is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. 1·31. 17 MRSA §1610, as repealed and replaced by PL 
1965, c. 15, is repealed and the following enacted in its place: 
§1610. 
Misrepresenting livestock 
1. Obtaining or transferring certificate of registration. 
A 
person may not make a false or fraudulent representation for the 
purpose of: 
A. 
Obtaining a certificate of registration of an animal in 
a herd register or other register of a club, association, 
society, company or corporation; or 
B. 
Transferring a certificate of registration. 
2. 
Misrepresentation of registration. 
A person may not 
represent that an animal is a registered animal, or has been 
registered, with the intent that the representation be relied 
upon by another unless the animal is registered. 
3. 
Penalty. 
A person who violates this section commits a 
civil violation for which a fine of not more than $300 may be 
adjudged. 
4. 
Definition. 
For purposes of this section, "registered 
animal" means an animal duly recorded in the official herd book 
or 
similar 
register 
of 
any 
recognized 
purebred 
registry 
association organized for the purpose of registering a particular 
breed of animals whose lineage has been established by records. 
Sec.I·32. 17 MRSA §2263·A is enacted to read: 
§2263-A. Littering 
1. 
Prohibited acts. 
A person may not throw, drop, deposit, 
discard, dump or otherwise dispose of litter in any manner or 
amount: 
A. 
In or on public highway, 
road, street. alley, public 
right-of-way or other public lands, except in a container or 
receptacle or on property that is designated for disposal of 
garbage and refuse by the State or its agencies or political 
subdivisions: 
B. 
In freshwater lake, 
river, 
stream, 
tidal or coastal 
water or on ice over the water. 
When any litter is thrown 
or discarded from a watercraft, a person is in violation of 
this section if that person is: 
(1) 
The operator of the watercraft, unless it is a 
watercraft being used for the carriage of passengers 
for hire: or 
(2) 
The person actually disposing of the litter. 
This paragraph does not prohibit persons who fish, lobster 
or otherwise harvest from the water from returning to the 
water harvested products, bait and similar materials that 
naturally originate in the water: 
C. 
In or on any private property, unless: 
(1) 
Prior consent of the owner has been given; and 
(2) 
The 
litter is 
not 
a 
public 
nuisance 
or 
in 
violation of any state law or local rule: 
D. 
From a trailer or vehicle that is constructed, loaded or 
uncovered in such a way that the load may drop, sift, leak 
or otherwise escape. 
This paragraph applies to vehicles or 
trailers carrying trash, rubbish or other materials that may 
be construed as "litter"; or 
E. 
From a vehicle. 
When any litter is thrown or discarded 
from a vehicle, a person is in violation of this section if 
that person is: 
(1) 
The 
operator of the vehicle, 
unless it is 
a 
vehicle being used for the carriage of passengers for 
hire: or 
(2) 
The person actually disposing of the litter. 
In addition to any penalty under section 2264-A, violation of 
this subsection is a traffic infraction under Title 29 A, chapter 
23, subchapter VI. 
A record of a violation of this subsection must be forwarded to 
the Secretary of State who, 
in accordance with Title 
29-A, 
section 2607, shall add the violation to the department's point 
system. 
The violation is counted in determining an individual's 
total points under the point system of the Department of the 
Secretary of State, 
Bureau of Motor Vehicles. 
2. 
Commercial purpose presumed. 
For the purposes of this 
chapter, if a person dumps litter from a commercial vehicle, that 
person is presumed to have dumped the litter for a commercial 
purpose. 
Sec. 1·33. 17 MRSA §2264, as amended by PL 1995, c. 65, Pt. 
A, §51 and affected by Pt. A, §153 and Pt. C, §15, is repealed. 
Sec. 1·34. 17 MRSA §2264·A, sub·§I, as amended by PL 1993, c. 
140, §1, is further amended to read: 
1. 
Disposal of 15 pounds or less or 27 cubic feet or less 
of litter. 
A person who disposes of less-thaB 15 pounds or less 
~haB or 27 cubic feet or less of litter is-6~a~ee~-te commits a 
civil violation for which a 
{e~{eit~~e fine of not me~e-tRaB-$8gg 
Be~ less than $100 
{e~-~~-~~r~-v1ela~1~a-aBd-~-~~B&~~~-eE 
and not more than $500 
Be~--~-~-haJl--$agg--~~-~-6~a6eEf~eBt 
vielatieB may be adjudged. 
Sec. 1·35. 17 MRSA §2264·A, sub·§I.A is enacted to read: 
I-A. 
Disposal of 15 pounds or less or 27 cubic feet or less 
of litter; subsequent offenses. 
A person who violates subsection 
after having previously violated subsection 1 commits a civil 
violation for which a fine of not less than $200 and not more 
than $500 may be adjudged. 
Sec. 1-36. 17 MRSA §2264-A, sub-§2, as amended by PL 1993, c. 
140, §1, is further amended to read: 
2. 
Disposal of more than 15 pounds or more than 27 cubic 
feet of litter. 
A person who disposes of more than 15 pounds or 
more than 27 cubic feet of litter :i:6--&ub-j-e-<H;--~e commits a civil 
yio1ation for which a 
Ee~Ee:i:~~~e fine of not me~e-~hafl--$-5O.(}.-Be~ 
less than $200 
{e~--t.~-~iF&t;--v-i.e-l-a-t-i~--a-aG-a--f-()-{"-f-e-i-t-u-r-e--e{ and 
not 
more 
than 
$lT99g--Be~--less--tRaB $500 
{e~--a--s~aSeEf~eB~ 
viela~:i:eB may be adjudged. 
Sec.I-37. 17 MRSA §2264·A, sub-§2-A is enacted to read: 
2-A. 
Disposal of more than 15 pounds or more than 21 cubic 
feet of litter; subsequent offenses. 
A person who 
violates 
subsection 
after 
having 
previously 
violated 
subsection 
commits a civil violation for which a fine of not less than $500 
and not more than $1,000 may be adjudged. 
Sec. 1-38. 17 MRSA §2264-B, first paragraph, as enacted by PL 
1989, c. 820, §5, is amended to read: 
In addition to the 
E9~Eei~a~es fines 
imposed in section 
2264-A, the court may order a person adjudicated to have violated 
section 6694 2264-A to: 
Sec. 1-39. 17 MRSA §2264-B, sub-§§I, 4 and 5, as enacted by PL 
1989, c. 820, §5, are amended to read: 
1. 
Removal 
of litter. 
Remove 
the 
litter 
dumped 
in 
violation of section 6694 2264-A; 
4. 
Public service. 
Perform public service relating to the 
removal of litter, or to the restoration of an area polluted by 
litter, dumped in violation of section 6694 2264-A; and 
5. 
License suspension. 
Surrender motor vehicle operator's 
license for 
a 
period not exceeding 30 
days. 
The court may 
suspend an operator's license for any violation of section 6694 
whieh 2264-A that involves the use of a motor vehicle. 
Sec. 1-40. 17 MRSA §2264-C, as enacted by PL 1989, c. 820, 
§5, is amended to read: 
§2264-C. 
Forfeiture 
All conveyances, including aircraft, watercraft, vehicles, 
vessels, containers or cranes that are used, or attempted to be 
used, to dump more than 1,000 pounds or more than 100 cubic feet 
of litter in violation of section 6694 2264-A are subject to 
forfeiture as provided in Title 15, chapter 517. 
Sec. 1-41. 17 MRSA §2269, as amended by PL 1989, c. 878, Pt. 
H, §4, is repealed. 
Sec.I-42. 17 MRSA §2269-A is enacted to read: 
§2269-A. 
Litter receptacles; selection and placement 
1. 
Procure, place and maintain litter receptacles. A person 
who owns or operates an establishment or public place in which 
litter receptacles are required by this chapter shall procure, 
place and maintain receptacles at the person' s 
own expense in 
accordance with this chapter. 
2. 
Required placement. 
Litter receptacles as defined in 
section 
2263 
must 
be 
placed 
at 
all 
public 
places 
or 
establishments that serve the public, including, but not limited 
to: 
campgrounds, trailer parks, drive-in restaurants, gasoline 
service stations, parking lots, shopping centers, grocery store 
parking lots, parking lots of major industrial firms, marinas, 
boat launching areas, boat moorage and fueling stations, beaches 
and 
bathing 
areas, 
school 
grounds 
and 
business 
district 
sidewalks. 
The number of receptacles required is as follows: 
A. 
For 
a 
campground 
or 
trailer 
park 
for 
transient 
habitation, 
one 
receptacle 
at 
each 
public 
rest 
room 
facility; 
B. 
For a drive-in restaurant, parking lot, shopping center, 
grocery 
store 
parking 
lot or 
parking lot 
of 
a 
major 
industrial 
firm, 
one 
receptacle, 
plus 
one 
additional 
receptacle for each 200 parking spaces in excess of 50 
spaces; 
C. 
For 
a 
gasoline service station, 
one 
receptacle per 
gasoline pump island: 
D. 
For a marina, boat launching area or boat moorage and 
fueling station, one receptacle at each location: 
E. 
For a beach or bathing area, one receptacle at each 
public rest room facility; 
F. 
For school grounds, one receptacle at each playground 
area and one at each school bus loading zone; and 
G. 
For business district sidewalks, 
one 
receptacle per 
1,000 feet of sidewalk curbing. 
3. 
Exception; 
remote 
forest 
campsites. 
Remote 
forest 
campsites operated by the Department of Conservation pursuant to 
Title 12, chapter 220, subchapter 2, are not considered public 
places or establishments that serve the public if they are 
designated as "carry-in and carry out" sites from which users are 
expected to remove litter and other material upon their departure. 
4. 
Penalties. 
A person who operates a business of a type 
described in this section commits a civil violation for which a 
fine of $10 for each violation may be adjudged if that person: 
A. 
Fails to place the litter receptacles on the premises in 
the numbers reguiredi or 
B. 
Fails to comply within 10 days of being notified by 
registered letter by the Department of Conservation that 
that person is in violation. 
~ach day a violation continues is a separate offense. 
Sec. 1-43. 17 MRSA §2272, last paragraph, as enacted by PL 
1975, c. 739, §15, is amended to read: 
Persons violating the provisions of this section saaJJ--ee 
are liable for the same penalties as provided for violation of 
section 6694 2264-A. 
Sec. 1-44. 17 MRSA §2497 is 
repealed and 
the 
following 
enacted in its place: 
§2497. 
Mooring watercraft to buoys or beacons; destruction of 
same 
1. 
Mooring to buQy or beacon prohibited. 
A person may not 
moor or make fast a vesseL boat. scow or raft to a buoy or 
beacon placed by the United States or this State in any of the 
navigable waters of this State. 
A person who 
violates this 
subsection commits a civil violation for which a fine of $50 may 
be adjudged. 
2. 
Destruction of buoy or beacon. 
A person 
may 
not 
intentionally or knowingly destroy a buoy or beacon placed by the 
United States or this State in any of the navigable waters of 
this State. 
A person who violates this subsection commits 
a 
Class E crime. 
Sec. 1-45. 17 MRSA §2741, as amended by PL 1995, c. 66, §2, 
is repealed and the following enacted in its place: 
§2741. 
Common nuisances: jurisdiction to abate 
1. 
Common nuisances. 
The following are common nuisances. 
A. 
All places used as houses of ill fame or for the illegal 
sale or keeping of intoxicating liguors or scheduled drugs 
or resorted to for lewdness or gambling; 
B. 
All houses, shops or places where intoxicating liguors 
are sold for tippling purposes; and 
C. 
All places of resort where intoxicating liquors are 
kept, sold. given away. drunk or dispensed in any manner not 
provided for by law. 
2. 
Superior Court jurisdiction. 
The Superior Court has 
jurisdiction. upon information filed by the Attorney General or 
the district attorney or upon complaint filed by not fewer than 7 
legal voters of that county setting forth any of the facts 
contained in this section. to restrain. enjoin or abate a common 
nuisance as set out in subsection 1 and an injunction for those 
purposes 
may 
be 
issued by 
the 
court. 
A dismissal 
of 
an 
information 
or 
complaint 
does 
not 
prevent 
action 
upon 
any 
information or complaint subsequently filed covering the same 
subject matter. 
3. 
Injunction or 
order. 
The 
injunction or 
order 
to 
restrain. 
enjoin or 
abate 
the 
common 
nuisance 
forever 
runs 
against the building or other place or structure, except that, 
upon motion of an owner filed not sooner than 6 months from the 
date of the injunction or order. the Superior Court may remove or 
modify the injunction or order upon a showing by the owner. by a 
preponderance of evidence. that the nuisance has abated. 
4. 
Trafficking or furnishing scheduled drugs. 
For purposes 
of this subchapter. proof by a preponderance of evidence that an 
owner or occupant of a building or other place or structure. or 
any part thereof. has trafficked in or furnished at the building, 
place or structure. or any part thereof, any scheduled drug as 
defined by Title 17-A. chapter 45 on 2 or more occasions within a 
3-year period is sufficient to prove that the building. place or 
structure is a common nuisance. 
5. 
Keeping, 
allowing or maintaining common nuisance. 
A 
person who 
keeps. 
allows or maintains 
a 
building. 
place or 
structure declared by the Superior Court to be a common nuisance 
upon the filing of information commits a Class E crime. 
6. 
Default in :ecurment of fine. 
A person who defaults in 
payment of a fine imposed under this section commits a separate 
Class E crime. 
7. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title 17-A. section 34. subsection 
4-A. 
Sec. 1-46. 17 MRSA §2742, as amended by PL 1995. c. 66. §3, 
is repealed. 
Sec. 1-47. 17 MRSA §2922, sub-§I, as amended by PL 1985, c. 
495, §3, is further amended to read: 
1. 
Offense. A person is guilty of sexual exploitation of a 
minor if: 
A. 
Knowing 
photographed, 
or 
he 
intending 
the 
person 
that 
the 
conduct 
intentionally 
or 
will 
be 
knowingly 
compels 
in fact 
employs, 
solicits, 
entices, 
persuades, 
uses 
or 
another person, not his that person's spouse, who is 
a minor, to engage in sexually explicit conduct: or 
A-I. 
The person violates paragraph A and, at the time of 
the offense, has one or more prior convictions for violating 
this section: 
B. 
Being a parent, legal guardian or other person having 
care or custody of another person, who is in fact a minor, 
he that person knowingly or intentionally permits that minor 
to engage in sexually explicit conduct, knowing or intending 
that the conduct will be photographedT~ 
C. 
The person violates paragraph B and, at the time of the 
offense, has one or more prior convictions for violating 
this section. 
Sec. 1·48. 17 MRSA §2922, sub·§2, as enacted by PL 1977, c. 
628, §l, is repealed and the following enacted in its place: 
2. 
Penalty. 
The 
following 
penalties 
apply 
to 
sexual 
exploitation of a minor. 
A. 
A person who violates subsection 1, paragraph A-I or 
subsection 1, paragraph C commits 
a 
Class A crime. 
The 
court shall impose a sentencing alternative involving a term 
of imprisonment of at least 10 years. 
B. 
A person who violates subsection 1, 
paragraph A or 
subsection 1, paragraph B, 
commits a Class B crime. 
The 
court shall impose a sentencing alternative involving a term 
of imprisonment of at least 5 years. 
The court may not suspend a minimum term of imprisonment imposed 
under paragraph A or B unless it sets forth in detail, 
in 
writing, the reasons for suspending the sentence. The court shall 
consider the nature and circumstances of the crime, the physical 
and mental well-being of the minor and the history and character 
of the defendant and may only suspend the minimum term if it is 
of the opinion that the exceptional features of the case justify 
the imposition of another sentence. 
Title 17-A, 
section 9-A 
governs the use of prior convictions when determining a sentence. 
Sec. 1·49. 17 MRSA §2923, sub·§I, as amended by PL 1999, c. 
444, §3, is repealed and the following enacted in its place: 
1. 
Offense. 
A 
person 
is 
guilty 
of 
dissemination 
of 
sexually explicit material if: 
A. 
The person intentionally or knowingly disseminates or 
possesses with intent to disseminate any book. 
magazine. 
print. negative. slide, motion picture, videotape, computer 
data 
file 
or 
other 
mechanically, 
electronically 
or 
chemically reproduced visual image or material that depicts 
any minor, who the person knows or has reason to know is a 
minor, engaging in sexually explicit conduct: or 
B. 
The person violates paragraph A and, at the time of the 
offense, has one or more prior convictions for violating 
this section. 
Sec. 1·50. 17 MRSA §2923, sub·§3, as amended by PL 1993, c. 
727, §l, is repealed and the following enacted in its place: 
3. 
Penalty. 
The following penal ties for dissemination of 
sexually explicit materials apply. 
A. 
Violation of subsection 1, paragraph B is a Class 
B 
crime. 
B. 
Violation of subsection 1, paragraph A is a Class C 
crime. 
Title 17-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
Sec. 1·51. 17 MRSA §2924, sub·§2, as amended by PL 2001, c. 
412, §2, is repealed. 
Sec.I·52. 17 MRSA §2924, sub·§2.A is enacted to read: 
2-A. 
Offense. 
A person is guilty of possession of sexually 
explicit material if that person: 
A. 
Intentionally 
or 
knowingly 
transports. 
exhibit~ 
purchases or possesses any book. magazine. print, negative, 
slide, 
motion picture. 
computer data file, 
videotape or 
other mechanically. electronically or chemically reproduced 
visual image or material that the person knows or should 
know depicts another person engaging in sexually explicit 
conduct, and: 
(l) 
The other person has not in fact attained the age 
of 14 years; or 
(2) 
The person knows or has reason to know that the 
other person has not attained the age of 14 years; or 
B. 
Violates paragraph A and, at the time of the offense, 
has one or more prior convictions for violating this section. 
Sec. I-53. 17 MRSA §2924, sub-§5, as enacted by PL 1993, c. 
727, §2, is repealed and the following enacted in its place: 
5. 
Penalty. 
The 
following penalties for 
possession of 
sexually explicit material apply. 
A. 
Violation of subsection 2-A, paragraph B is a Class C 
crime. 
B. 
Violation of subsection 2-A, paragraph A is a Class D 
crime. 
Title 17-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
Sec. I-54. 17 MRSA §3203, as repealed and replaced by PL 
1995, c. 625, Pt. B, §3, is repealed and the following enacted in 
its place: 
§3Z03. 
Sales of motor vehicles prohibited 
1. 
Sales of motor vehicles on Sunday prohibited. 
Except as 
provided in section 3203-A, on Sunday a person may not: 
A. 
Carryon or engage in the business of buying, selling, 
exchanging, dealing or trading in new or used motor vehicles: 
B. 
Open any place of business or lot in which that person 
attempts 
to or does 
engage 
in the business of buying, 
selling, exchanging, dealing or trading in new or used motor 
vehicles; or 
C. 
BUY, sell, exchange, deal or trade in new or used motor 
vehicles. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Violation of this section is a strict liability 
crime as defined in Title 17 -A, section 34, subsection 4-A. 
If 
the person is the holder of dealer or transporter registration 
plates under Title 29-A, chapter 9, the person is subject to the 
suspension or revocation of those plates, as provided for in 
Z 
Title 29-A, section 903, for the violation of this section. 
Sec. 1·55. 17 MRSA §3204, as amended by PL ZOOl, c. 44, §ll 
and affected by §14, is repealed and the following enacted in its 
place: 
§3204. 
Business. traveling or recreation on Sunday 
1. 
Restriction. 
A person may not keep a place of business 
1Z 
ZO 
Z2 
open to the public: 
A. 
On Sunday, except: 
(1) 
For 
works of necessity, emergency or charity; or 
(Z) 
Between the hours of noon and 5:00 p.m. on Sundays 
falling between Thanksgiving Day and Christmas Day; or 
B. 
On the following holidays: 
(1) 
On Memorial Day, the last Monday in May, but if 
the Federal Government designates May 30th as the date 
for observance of Memorial Day, the 30th of May; 
( 2 ) 
On July 4th; 
( 3 ) 
On Labor Day, the first Monday of September; 
(4) 
On Veterans' Day, November 11th; 
(5) 
On Christmas Day; and 
(6) 
On Thanksgiving Day. 
2. 
Ex~g:etion5. Ihi§ §gQtion gQg§ nQt gpply tQ: 
A. 
Common, Qontract and private cgrrigr§; 
B. 
Taxicabs; 
C. 
Airp1gngs; 
D. 
Ngw§pgpgrs; 
E. 
Rggio gng tglevi§ion §tgtiQn§; 
F. 
Hotels, 
mQtels. 
rOQming 
hQusg§, 
tQuri§t ang trailer 
camps; 
G. 
Restaurants; 
H. 
Garages and motor vehicle service stations; 
I. 
Retail monument dealers: 
J. 
Automatic laundries: 
K. 
Machines that vend anything of value, including, but not 
limited to, a product, money or service: 
L. 
A satellite facility approved by the Superintendent of 
Financial 
Institutions 
under 
Title 
9-B; 
or 
comparable 
facility approved by the appropriate federal authority; 
M. 
Pharmacies: 
N. 
Greenhouses: 
o. 
Seasonal stands engaged in sale of farm produce, dairy 
products, seafood or Christmas trees; 
P. 
Public utilities; 
Q. 
Industries 
normally 
kept 
in 
continuous 
operation, 
including, but not limited to. electric generation plants, 
pulp and paper plants and textile plants; 
R. 
Processing 
plants 
handling 
agricultural 
produce 
or 
products of the sea; 
S. 
Ship chandleries: 
T. 
Marinas; 
U. 
Establishments 
primarily 
selling 
boats, 
boating 
eguipment, sporting eguipment, souvenirs and novelties; 
v. 
Motion picture theaters; 
w. 
Public dancing: 
x. 
Sports and athletic events; 
Y. 
Bowling alleys: 
z. 
Displaying 
or 
explOding 
fireworks, 
under 
Title 
8, 
chapter 9-A: 
AA. 
Musical concerts: 
BB. 
Religious. 
educational. 
scientific or 
philosophical 
lectures; 
CC. 
Scenic. historic. recreational and amusement facilities; 
DD. 
Real 
estate 
brokers 
and 
real 
estate 
sales 
representatives; 
EE. 
Mobile 
horne 
brokers 
and 
mobile 
horne 
sales 
representatives; 
FF. 
Stores in which no more than 5 persons. including the 
proprietor. are employed in the usual and regular conduct of 
business; 
GG. 
Stores that have no more than 5.000 square feet of 
interior 
customer 
selling 
space. 
excluding 
back 
room 
storage. office and processing space; and 
HH. 
Stores with more than 5.000 square feet of interior 
customer selling space that engage in retail sales and that 
do not require. as a condition of employment. that their 
employees work on Sundays. 
If an employer decreases the 
average weekly work hours of an employee who has declined to 
work 
on 
Sundays. 
it is 
prima 
facie 
evidence 
that 
the 
employer 
has 
required 
Sunday 
work 
as 
a 
condition 
of 
employment in violation of this section. unless the employer 
and employee agreed that the employee would work on Sundays 
when 
the 
employee 
was 
initially hired. 
In 
no 
event. 
however. may any store having more than 5.000 square feet of 
interior customer selling space 
be 
open 
on Easter 
Day. 
Thanksgiving Day and Christmas Day. 
This subsection does not exempt the businesses or facilities 
specified 
in 
sections 
3205 
and 
3207 
from 
closing 
in 
any 
municipality until the requirements of those sections have been 
!Mh 
3. 
Scope. 
For the purpose of determining qualification. a 
"store" is an operation conducted within one building advertising 
as. and representing itself to the public to be. one business 
enterprise 
regardless 
of 
internal 
departmentalization. 
All 
subleased departments of 
any store for 
the 
purpose 
of this 
section are considered to be operated by the store in which they 
are located. 
Contiguous stores owned by the same proprietor or 
operated by the same management. for the purpose of this section 
are considered to be a single store. 
4. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
A violation of this section is a strict liability 
crime as defined in Title 17 -A, section 34, subsection 4-1>.. 
A 
complaint charging violation of this section may not issue later 
than 5 days after its alleged commission. 
5. 
Injunctive 
relief. 
In 
addition 
to 
any 
cr iminal 
penalties provided in this section, 
the 
Attorney General, 
a 
district attorney or any resident_ of a municipality in which a 
violation is claimed to have occurred may file a complaint with 
the Superior Court to enjoin any violation of this section. 
The 
Superior Court has original jurisdiction of these complaints and 
authority to enjoin these violations. 
6. 
Application. 
This section does not apply to isolated or 
occasional sales by persons not engaged in the sale, transfer or 
exchange of property as a business. 
Sec. I-56. 17 MRSA §3321, as amended by PL 1999, c. 347, §§l 
and 2, is repealed. 
Sec. I-57. 17 MRSA §3321-A is enacted to read: 
§332l-A. 
Store security 
1. 
Definition. 
For purposes of this section, "convenience 
store" means a retail store that specializes in the sale of a 
limited suantity 
and 
variety 
of 
consumable 
items 
in 
their 
original containers. 
2. 
Restrictions. 
A person may not keep open a convenience 
store 24 hours a day unless the store has: 
A. 
A drop safe that is bolted to the floor, installed in 
the floor or weighs at least 500 pounds; 
B. 
1>. 
conspicuous sign in the store entrance that states 
that between the hours of 
p.m. 
and 
a.m. 
the cash 
register contains $50 or less, that there is a safe in the 
store and that the safe is not accessible to the employees; 
C. 
During the hours of 9 p.m. to 5 a.m., no more than $50 
cash available and readily accessible to employees; and 
D. 
An 
alarm 
or 
telephone 
within 
the 
store 
that 
is 
accessible to the employees. 
The alarm must be connected to 
a public or private safety agency. 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
A violation of this section is a strict liability 
crime as defined in Title l1-A, section 34, subsection 4-A. 
A 
complaint charging violation of this section may not issue later 
than 5 
days after its alleged commission. 
Each day that a 
violation of this section occurs is considered a separate offense. 
4. 
Injunctive 
relief. 
In 
addition 
to 
any 
criminal 
penalties provided in this section, 
the Attorney General, 
a 
district attorney or a resident of a municipality in which a 
violation is claimed to have occurred may file a complaint with 
the Superior Court to enjoin a violation of this section. 
The 
Superior Court has original jurisdiction of the complaints and 
authority to enjoin the violations. 
PARTJ 
Sec. J·l. 18·A MRSA §1·S10, as amended by PL 1981, c. 410, 
Pt. A, §42, is repealed and the following enacted in its place: 
§1-5l0. 
Register or Probate Court employee: prohibited activities 
1. 
Prohibited activities. 
A register may not: 
A. 
Be an attorney or counselor in or out of court in an 
action or matter pending in the court of which the register 
is register or in an appeal in such action or matter; 
B. 
Be administrator, guardian, commissioner of insolvency, 
appraiser or divider of an estate, in a case within the 
jurisdiction of the court of which the register is register, 
except as provided in Title 4, section 301, or be in any 
manner interested in the fees and emoluments arising from 
such an estate in that capacity: or 
C. 
Commence or conduct. either personally or by agent or 
clerk, any matter, petition, process or proceeding in the 
court of which the register is register, in violation of 
this section. 
2. 
Assistance in drafting. 
Except as otherwise provided in 
this section, 
a 
register may 
not draft or aid in drafting 
documents or paper that the register is by law required to record 
in full or in part. 
A register may aid in drafting applications 
in informal proceedings, l?etitions or sworn statements relating 
to the closing of decedents' estates that have not been contested 
prior to Closing, al?l?lications for change of name and l?etitions 
for guardians of minors. 
A register or an employee of the 
Probate Court may not charge fees or accept anything of value for 
assisting in the drafting of documents to be used or filed in the 
court of which the person is the register or an employee. 
3. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A register who violates subsection 1 commits a Class E 
crime. 
Violation of subsection 1 is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
B. 
A register or employee of the Probate Court who violates 
subsection 2 is subject to a civil penalty of not more than 
$100, to be recovered by a complainant in a civil action for 
the complainant's benefit or by indictment for the benefit 
of the county. 
PARTK 
Sec. K-l. 21-A MRSA §674, sub-§I, 1[B, as repealed and replaced 
by PL 1993, c. 473, §18 and affected by §46, is amended to read: 
read: 
8. 
Interferes with a voter attempting to cast a vote SF 
iR~eF~eFes-wi~h-~--at~~~-&e-iRfl~eRee-~~~--~~-maFkiR9 
~aa~-vs~eF~s-Bal19~; 
Sec. K-2. 21-A MRSA §674, sub-§I, "B-l and B-2 are enacted to 
8-1. 
Interferes with a voter in marking that voter's ballot; 
B-2. 
Attempts to influence a voter in marking that voter's 
ballot: 
Sec. K-3. 21-A MRSA §674, sub-§3, ,B, as enacted by PL 1993, 
c. 473, §18 and affected by §46, is amended to read: 
B. 
Votes 9F-a~~em~&S-~9-V9~e knowing that the person is not 
eligible to do so 
9F--hav-i~....(}nGe--v9~eElr--whe-t.ne.r--w-i-t-h-i-n--9F 
9~~siae-~~~~~~r-a~aia-¥e~e£-~--a&~~&&-~9-~~~~-~Re 
same-eleeei9R; 9F 
Sec. K-4. 21-A MRSA §674, sub-§3, "B-l to B-3 are enacted to 
read: 
8-I. 
Attgm12ts 
tQ 
vote 
knQwing that the 12erson is not 
eligible to dQ so; 
B-2. 
Having 
Qn!;;~ voteg, 
wh~th~r within Qr out§ige this 
State, ggain votgs at the same el,ectiQn; 
B-3. 
Having once voted. 
whether within or outside this 
State. attempts to vote at the Same election; 
Sec. K-S. 21-A MRSA §674, sub-§3, 1(C, as enacted by PL 1993, 
c. 473, §18 and affected by §46, is amended to read: 
C. 
Votes e~-a~~emF~s-~e-ve~e by using the name of anotherTL 
QI. 
Sec. K-6. 21-A MRSA §674, sub-§3, 1fD is enacted to read: 
D. 
Attempts to vote by using the name of another. 
Sec. K-7. 21-A MRSA §682, as amended by PL 2001, c. 
310, 
§37, is repealed and the following enacted in its place: 
§682. 
Political activities 
Certain activity is prohibited on election day. 
1. 
Instruction limited. 
Within the voting place. a person 
may not instruct another in the method of marking the ballot. 
except as provided in section 672. 
2. 
Influence prohibited. 
Within 250 feet of the entrance 
to the voting place as well as within the voting place itself. a 
person may not: 
A. 
Influence 
another 
person's 
decision 
regarding 
a 
candidate or ballot issue; or 
B. 
Attempt to influence another person's decision regarding 
a candidate or ballot issue. 
These limitations do not prohibit a candidate from attending the 
voting place and orally communicating with voters. as long as the 
candidate does not attempt to influence their yote. 
A candidate 
may not state the name of the office sought or request a person's 
~ 
3. 
Application. 
This subsection governs the application of 
subsection 2. 
A. 
Subsection 2 does not apply to pollwatchers who 
may 
remain in the voting place outside the guardrail enclosure 
as 
long as 
they do 
not attempt to influence voters or 
interfere with their free passage. 
B. 
Subsection 2 does not prohibit media representatives 
from conducting an exit poll. as long as they do not solicit 
voters until after the voters have voted and do not orally 
communicate with voters in a way that influences a voter I s 
vote. 
C. 
If a person attempts to influence voters or interfere 
with their free passage, the warden shall have that person 
removed from the voting place. 
4. 
Advertising prohibited. 
A 
person 
may 
not 
display 
advertising material, operate an advertising medium, including a 
sound amplification device, or distribute campaign literature, 
posters, palm cards, buttons, badges or stickers containing a 
candidate's name or otherwise intending to influence the opinion 
of any voter within 250 feet of the entrance to either the voting 
place or the registrar's office. 
The term "sound amplification 
device" 
includes, 
but 
is 
not 
limited 
to, 
sound 
trucks, 
loudspeakers and blowhorns. 
A. 
This sUbsection does not apply to advertising material 
on automobiles traveling to and from the voting place. 
It 
does not prohibit a person from passing out stickers at the 
voting place to be pasted on 
the ballot at 
a 
primary 
election. 
It does not prohibit a person who is at the polls 
solely for the purpose of voting from wearing a campaign 
button when the longest dimension of the button does not 
exceed 3 inches. 
B. 
Nonpolitical 
charitable 
activities 
and 
other 
nonpolitical advertising may be allowed at the discretion of 
the clerk if arrangements are made prior to election day. 
If arrangements are not made in advance of election day, the 
warden may, 
at the warden's discretion, either allow or 
prohibit 
nonpolitical 
charitable 
activities 
and 
other 
nonpolitical advertising. 
5. 
Communication devices. 
Party workers 
and others who 
remain in the voting place outside the guardrail enclosure may 
not use within the voting place cellular phones, beepers, voice 
or signal pagers or similar devices that make noise or allow 
direct audible voice communication within the voting place. 
The 
warden may exempt election officials and emergency workers such 
as emergency medical technicians and police from this subsection. 
6. 
Violation. 
A person who knowingly engages in activities 
prohibited by this section commits a Class E crime. 
Sec. K-8. 21-A MRS A §829, as amended by PL 1993, c. 473, §39 
and affected by §46, is repealed and the following enacted in its 
place: 
5829. 
Violation and penalty 
1. 
Altering voting machine. 
A person 
may 
not alter. 
adjust. operate, move, unlock or unseal a voting machine or any 
part of a voting machine with the intent of changing the outcome 
of any election. 
2. 
AtteJQ,Pting to alter voting machine. 
A person may not 
attempt to alter, adjust, operate, 
move, 
unlock or unseal 
a 
voting machine or any part of a voting machine with the intent of 
changing the outcome of an election. 
3. 
Penalty. 
A person who violates this section commits a 
Class B crime. 
Sec. K-9. 21-A MRSA §860, as amended by PL 1995, c. 459, 
§112, is repealed and the following enacted in its place: 
§860. 
Violation and penalty 
1. 
Tampering with voting device. 
Before, during or after 
an election, a person may not intentionally or knowingly: 
A. 
Tamper with or injure a voting device, ballot or other 
record or equipment used in the election or interfere with 
the correct operation of such a device or equipment or the 
secrecy of voting: or 
B. 
Attempt to interfere with the correct operation of such 
a device or equipment or the secrecy of voting. 
2. 
Penalty. 
A person who violates subsection 1 commi ts a 
Class C crime. 
Sec. K-IO. 21-A MRSA §l004, sub-§2, as amended by PL 1989, c. 
504, §§2 and 31, is further amended to read: 
2. 
False statements. 
We A person, candidate, treasurer or 
political action committee may not make a false statement in aBY 
~ report required by this chapter. 
Sec. K-ll. 21-A MRS A §l004, sub-§3, as enacted by PL 1985, c. 
161, §6, is repealed and the following enacted in its place: 
3. 
Contributions in another's name. 
A person may 
not 
knowingly: 
A. 
Make a contribution in the name of another person; 
B. 
Permit the person's name to be used to accomplish a 
contribution in violation of paragraph A: or 
C. 
Accept a contribution made by one person in the name of 
another person. 
Sec. K-12. 21-A MRSA §l004, sub-§4, as enacted by PL 1985, c. 
161, §6, is amended to read: 
4. 
Registration; 
political 
action 
conmittees. 
We 
political 
action 
committee 
required 
to 
be 
registered 
under 
section 1053 may not operate in this State unless it is so 
registered. 
PART L 
Sec. L-l. 22 MRSA §47, as amended by PL 1991, c. 797, §6, is 
repealed and the following enacted in its place: 
§47. 
Penalties and jurisdiction 
1. 
Hinder. obstruct or interfere with agent. 
A person who 
hinders, obstructs or interferes with an officer, inspector or 
duly authorized agent of the department while in the performance 
of the officer's, inspector's or agent's duties commits a Class E 
crime. 
2. 
Violation of order. rule or regulation. 
A person who 
violates an order, rule or regulation of the department made for 
the protection of life or health under law commits a Class E 
crime unless otherwise provided in this Title. 
3. 
Violation of Title. 
Unless another penalty has been 
expressly provided, 
a person who violates a provision of this 
Title or intentionally or knowingly fails, neglects or refuses to 
perform any of the duties imposed upon that person by this Title 
commits a Class E crime. 
4. 
Strict liability. 
Except 
as 
otherwise 
specifically 
provided, violation of this section is a strict liability crime 
as defined in Title l7-A, section 34, subsection 4-A. 
Sec. L-2. 22 MRSA §48 is enacted to read: 
§48. 
Certificate of commissioner as evidence 
A certificate of the commissioner in regard to the records 
of the department is admissible in evidence in all prosecutions 
under this Title. 
Sec. L-3. 22 MRS A §690, sub-§l, as enacted by PL 1983, c. 345, 
§§13 and 14, is repealed and the following enacted in its place: 
1. 
Criminal pepalties. 
A person 
who 
intentionally or 
knowingly: 
A. 
Violates a prov1s1on of this Act. or a rule or order of 
the department in effect pursuant to this Act, 
commits a 
Class D crime: or 
B. 
Violates a term. condition or limitation of a license or 
registration certificate issued under this Act. or commits a 
violation for which a license or registration certificate 
may be revoked under rules issued pursuant to this Act, 
commits a Class D crime. 
Sec. L·4. 22 MRSA §1554, as enacted by PL 1995, c. 470, §9 
and affected by §19, is repealed. 
Sec. L·5. 22 MRS A §1554·A, as amended by PL 1997, c. 305, §3, 
is repealed and the following enacted in its place: 
§1554-A. 
Sale of unpackaged cigarettes 
1. 
Prohibition. 
A person may not: 
A. 
Sell cigarettes except in the original sealed package in 
which they were placed by the manufacturer. which may not be 
smaller than 20 cigarettes per package: or 
B. 
Sell cigarettes in smaller guantities than placed in the 
package by the manufacturer. 
2. 
Penalty; employee. 
A person who violates this section 
commits a civil violation for which a fine of not less than $10 
and not 
more 
than 
$100 
may 
be 
adjudged. 
In all cases 
of 
violations, 
the 
court shall 
impose 
a 
fine that 
may 
not 
be 
suspended. except pursuant to Title IS. section 3314. 
3. 
Penalty; 
employer. 
The 
employer 
of 
a 
person 
who 
violates this section commits a civil violation for which a fine 
of not less than $100 and not more than $1. 000 may be adjudged. 
In all cases of violations. the court shall impose a fine that 
may not be suspended. 
Sec. L·6. 22 MRSA §1554·B is enacted to read: 
§1554-B. 
Sale without valid license; multiple violations; 
penalties 
1. 
License required. 
A person may not engage in retail 
tobacco sales or in free distribution of tobacco products in the 
ordinary course of trade in this State without a valid license 
issued under subchapter 1. 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 1 commits a Class E 
crime 
for 
which 
the 
court 
shall 
impose 
a 
sentencing 
alternative involving a 
fine of not less than $300 plus 
court costs and not more than $500 plus court costs. 
The 
fine and costs may not be suspended. 
The court also may 
impose 
a 
sentencing 
alternative 
involving 
a 
term 
of 
imprisonment of not more than 30 days. 
B. 
A person who violates subsection 1 and, at the time of 
the violation, has one prior conviction for violating this 
section commits a Class E crime for which the court shall 
impose a sentencing alternative involving a fine of not less 
than $500 plus court costs and not more than $1, 000 plus 
court costs. 
The fine and costs may not be suspended. 
The 
court also may impose a sentencing alternative involving a 
term of imprisonment of not more than 60 days. 
C. 
A person who violates subsection 1 and, at the time of 
the violation, has 2 or more prior convictions for violating 
this section commits a Class E crime for which the court 
shall impose a sentencing alternative involving a fine of 
not 
less 
than 
$1,000 
plus 
court 
costs 
and 
a 
term 
of 
imprisonment of 60 days. 
The fine, court costs and term of 
imprisonment may not be 
suspended. 
The 
court also 
may 
impose as a 
sentencing alternative an additional term of 
imprisonment of not more than 4 months. 
3. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title 17 -A section 34, subsection 
4. 
Prior convictions. 
Title 17-A, section 9-A governs the 
use of prior convictions when determining a sentence. 
Sec. L-7. 22 MRSA § 1555-B, sub-§5, as amended by PL 1997, c . 
578, §1, is repealed. 
Sec. L-8. 22 MRSA §1555-B, sub-§§5-A to 5-C are enacted to 
read: 
A. 
Possession and use of cigarettes. cigarette papers or 
tobacco products by minors prohihited. 
Except as provided in 
subsection 5-B, a person under 18 years of age may not: 
A. 
Purchase, possess or use cigarettes, cigarette papers or 
any tobacco product: 
B. 
Violate paragraph A after having 
previously violated 
this subsection: or 
c. 
Violate paragraph A after having previously violated 
this subsection 2 or more times. 
B. 
Exception to possession b.y minor. 
A person under 18 
years of age may transport or permit to be transported in a motor 
vehicle cigarettes, cigarette papers or tobacco products in the 
original 
sealed 
package 
in 
which 
they 
were 
placed 
by 
the 
manufacturer if the transportation is in the 
scope 
of ~ 
person's employment. 
C. 
Use of false identification by minors prohibited. 
A 
person under 18 years of age may not: 
A. 
Offer false identification in an attempt to purchase a 
tobacco product or to purchase, possess or use cigarettes, 
cigarette papers or any other tobacco product: 
B. 
Violate paragraph A after having previously violated 
this subsection; or 
c. 
Violate paragraph A after having previously violated 
this subsection 2 or more times. 
Sec. L-9. 22 MRS A §1555-B, sub-§8, as amended by PL 1997, c. 
393, Pt. D, §1, is further amended to read: 
8. 
Fines. 
Violations of this section are subject to fines 
aaa-EeFEei~~Fes according to this subsection. 
A. 
A person who violates subsection 1, 2, 3 or 4 commits a 
civil violation for which a fine of not less than $50 aeF 
and not more than $1,500, plus court costs, may must be 
adjudged for anyone offense. 
Aa--emp-l~---G-E--a--pe-r-son--wae 
Yiela~es-~~~ee~~~-~r-6r-J-~--4-eeHlHli~s-~~~~~-yiela~iea 
EeF-WR4€R-~~-~--G-~-Be~-less-~£a£-~~-~~-~haB-$lT9QQT 
ply's---G{}-tH"--t--€e5~5.,.--may--be---aa}y.a~eaT 
}!:eF--a--~~~at.~~--~ae 
eey.F~-5Ra~~-~~-a--E-i~-~aa~-may-~~-&~&p&aGeGr-eHeep~ 
Except pursuant to Title 15, section 3314, the fine may not 
be suspended. 
A-I. 
An employer of a person who violates subsection 1, 2, 
or 4 commits a civil violation for which a fine of not 
less than $50 and not more than $1,500, plus court costs, 
must be adjudged. 
The fine may not be suspended. 
B. 
A person who violates subsection § 5-A or 5-C commits a 
civil violation for which the following fer::feitHr::es fines 
may be adjudged. 
(1) 
For a first offense, a fer::feitHr::e fine of not less 
than $100 and not more than $300 may be imposed. 
The 
judge, 
as 
an alternative to or in addition to the 
fer::feitHr::e 
fine permitted by this 
subparagraph, 
may 
assign the violator to perform specified work for the 
benefit of the State, the municipality or other public 
entity or a charitable institution. 
(2) 
For a 2nd offense, a fer::feitHr::e fine of not less 
than $200 and not more than $500 may be imposed. 
The 
judge, 
as 
an alternative to or in addition to the 
fer::feitHr::e ~ 
permitted by this subparagraph, 
may 
assign the violator to perform specified work for the 
benefit of the State, the municipality or other public 
entity or a charitable institution. 
(3) 
For all subsequent offenses, a fer::feitHr::e fine of 
$500 must be imposed and that fer::feitHr::e fine may not 
be suspended. 
The judge, in addition to the fer::feitHr::e 
fine permitted by this subparagraph, 
may assign the 
violator to perform specified work for the benefit of 
the State, the municipality or other public entity or a 
charitable institution. 
C. 
A person who violates subsection 6 
commits 
a 
civil 
violation for which a fer::feitHr::e fine of not less than $50 
Rer:: 
and not more than $200 may be adjudged for anyone 
offense. 
Sec. L-IO. 22 MRSA §1593, as enacted by PL 1977, c. 696, 
§186, is repealed and the following enacted in its place: 
§1593. 
Sale and use of fetuses 
1. 
Prohibition. 
A person may not use, transfer, distribute 
or 
give 
away 
a 
live 
human 
fetus, 
whether 
intrauterine 
or 
extrauterine, or any product of conception considered live born, 
for scientific experimentation or for any form of experimentation. 
• 
Consenting. 
aiding or assisting. 
A person may 
not 
consent to yiolating subsection 1 or aid or assist another in 
violating subsection 1. 
3. 
Penalty. 
A person who yiolates this section commits a 
Class C crime. 
Violation of this section is a strict liability 
crime as defined in Title l7-A. section 34, subsection 4-A. 
Sec. L·ll. 22 MRSA §1597·A, sub·§8, as enacted by PL 1989, c. 
573, §2, is repealed and the following enacted in its place: 
8. 
Violations; penalties. 
The following penalties apply to 
violations of this section. 
A. 
A person may 
not 
knowingly perform or aid in the 
performance of an abortion in violation of this section. 
A 
person who violates this paragraph commits a Class D crime. 
B. 
An attending physician or counselor may not knowingly 
fail to perform any action required by this section. 
A 
person who violates this paragraph commits a civil violation 
for which a fine of not more than $1,000 may be adjudged for 
each violation. 
Sec. L·12. 22 MRSA §2155, as amended by PL 1995, c. 276, §2, 
is repealed. 
Sec. L·13. 22 MRSA §2155.A is enacted to read: 
§2l55-A. 
Prohibitions and penalties 
1. 
Prohibitions. 
A person may not: 
A. Manufacture, sell or deliver, hold or offer for sale any 
food that is adulterated or misbranded: 
B. 
Violate paragraph A after having previously violated 
this subsection: 
C. 
Adulterate or misbrand any food: 
D. 
Violate paragraph C after having previously violated 
this subsection: 
E. 
Receive in commerce any food that is adulterated or 
misbranded, or deliyer or proffer delivery of adulterated or 
misbranded food for payor otherwise: 
F. 
Violate paragraph E after haying preyiously violated 
this subsection: 
G. 
Disseminate any false advertisement; 
H. 
Violate paragraph G after having previously violated 
this subsection; 
I. 
Refuse to permit entry or inspection, or to permit the 
taking of a sample as authorized in section 2164; 
J. 
Violate paragraph 
I 
after having previously violated 
this subsection; 
K. 
Give a guaranty or undertaking that is false, except if 
the person relied on a guaranty or undertaking to the same 
effect signed by and containing the name and address of the 
person residing in the United States from whom the food was 
received in good faith; 
L. 
Violate paragraph K after having previously violated 
this subsection; 
M. 
Remove or dispose of a detained or embargoed article in 
violation of section 2159; 
N. 
Violate paragraph M after having previously violated 
this subsection; 
O. 
Alter, mutilate, destroy, obliterate or remove all or 
any part of the labeling of or do any other act with respect 
to a food if the act is done while the article is held for 
sale and results in the article being misbranded; 
P. 
Violate paragraph 0 
after having previously violated 
this subsection; 
O. 
Forge, 
counterfeit, simulate or falsely represent or 
without proper authority use any mark, stamp, tag, label or 
other identification device authorized or required by rules 
adopted under this subchapter; or 
R. 
Violate paragraph 0 
after having previously violated 
this subsection. 
2. Penalties. 
The penalties for violating subsection 1 are 
as follows. 
A. Except as otherwise provided in this subsection, a person 
who violates subsection 1, paragraph A, C, E, G, I, K, M, 0 
or 0 commits a civil violation for which a fine of not more 
than $1,000 may be adjudged. 
the 
B. 
Except as otherwise provided in this subsection, 
a 
person who violates subsection 1. paragraph B, D, F, H, J, 
L, N, P or R commits a civil violation for which a fine of 
not more than $2,000 may be adjudged. 
C. 
A 
person 
who 
intentionally violates 
subsection 
1, 
paragraph A, 
C, E, K, 
M or 0, involving adulterated food, 
except as adulterated according to section 2156 t 
subsection 
2, commits a ci vi! violation for which a fine of not more 
than $10,000 may be adjudged. 
D. 
A 
person 
who 
intentionally violates 
subsection 
1, 
paragraph B, D, F, L, N or P, involving adulterated food, 
except as adulterated according to section 2156, subsection 
2, commits a ci vi! violation for which a fine of not more 
than $20,000 may be adjudged. 
E. 
A 
person 
who 
violates 
subsection 
1, 
paragraph 
B 
involving monosodium glutamate pursuant to section 2157, 
subsection 13 commits a civil violation for which a fine of 
not more than $100 may be adjudged. 
F. 
A 
person 
who 
violates 
subsection 
1, 
paragraph 
A 
inVOlving monosodium glutamate pursuant to section 2157, 
subsection 13 must be issued a warning only. 
3. 
Exceptions. 
The following paragraphs are exceptions to 
application of this section. 
A. 
Carriers subject to the jurisdiction of 
the Public 
Utilities Commission or the Interstate Commerce Commission 
are not subject to subsection 1, paragraph E or F by reason 
of their receipt, carriage, holding or delivery of foods in 
the usual course of business as carriers. 
B. 
A person is not subject to the penalties prescribed 
under 
subsection 
for 
having 
violated 
subsection 
1, 
paragraph A, B, E or F if the person establishes a guaranty 
or 
undertaking 
signed by, 
and 
containing the 
name 
and 
address of, another person residing in this State from whom 
the person received in good faith the article, to the effect 
that the article is not adulterated or misbranded within the 
meaning of this subchapter, citing this subchapter. 
C. 
A person who is a publisher, radio-broadcast licensee or 
agency or medium for the dissemination of an advertisement, 
except the manufacturer, packer, distributor or seller of 
the article to which a false advertisement relates, is not 
liable under this section by reason of the dissemination by 
the person of the false advertisement, unless the person has 
refused or neglected on the re<;1uest of the Commissioner of 
Agriculture, 
Food 
and 
Rural 
Resources 
to 
furnish 
the 
commissioner 
the 
name 
and 
post 
office 
address 
of 
the 
manufacturer, 
packer, 
distributor, 
seller or 
advertising 
agency residing in this State who 
caused the person to 
disseminate the advertisement. 
Sec. L-14. 22 MRSA §2166, as amended by PL 1991, c. 230, §2, 
is repealed. 
Sec. L-15. 22 MRSA §2167, as amended by PL 1991, c. 837, Pt. 
A, §47, is further amended to read: 
§2167. 
License required 
Ne A person, firm 
e~.L corporation or copartnership may not 
operate a food establishment, food salvage establishment or act 
as 
a 
salvage broker unless licensed for that purpose by the 
commissioner. In the case of retail food establishments, licenses 
issued saa±± ~ 
be displayed in a place visible to customers or 
other persons using a licensed establishment. 
In addition to the sanctions authorized in section 2172, aHY 
£ person, firm e~.L corporation wae or copartnership that violates 
this licensing requirement or any condition placed on aHY-SHea Q 
license commits a civil violation for which a 
~e~~eitH~e fine of 
not more than $500 may be adjudged for each offense and, 
in 
addition, the commissioner may suspend, revoke or refuse to renew 
any 
such 
license 
in 
accordance 
with Title 
5, 
chapter 
375, 
subchapter V .5.. 
Sec. L-16. 22 MRSA §2172, sub-§l, 1fC, as enacted by PL 1991, 
c. 837, Pt. A, §49, is amended to read: 
C. 
AHY A person, corporation, firm or copartnership taat 
epeF-at:&s--aBY may not operate a food establishment or food 
salvage establishment without first obtaining a license as 
required by this chapter ffiHst-~-~~--~~&-eeHvietieHT 
ay-a-~~~~~-k&&&-taaH-$lg-£G£-~~~~~~r-aBG-HpeH 
aHa-e£-~-~~~r~~&~-ae-pHfi~6heQ-~~-~i&e-e~ 
Bet--~-~~-$±gg. 
~aea-~-aBy-~r~r-€e£pe£atieHT 
~i~ffi-~--e&FaF-~aeF-&hiF-~~€6-~i~~-eata4fi4B~-~-±ieeHse 
eeHstit~te&-a-sepa~ate-effeBseT Violation of this paragraph 
is a civil violation for which a fine of not less than $10 
and not more 
than 
$100 
may 
be 
adjudged. 
Each day of 
operation without a license constitutes a separate offense. 
Sec. L-17. 22 MRSA §2172, sub-§l, 1fC-l is enacted to read: 
C 1. 
A person, corporation, firm or copartnership may not 
operate a food establishment or food salvage establishment 
without first obtaining 
a 
license 
as 
reguired by 
this 
chapter 
after 
haying 
preyiously 
yiolated 
paragraph 
C. 
Violation of this paragraph is a civil violation for which a 
fine of not less than $100 may be adjudged. 
Each day of 
operation without a license constitutes a separate offense. 
Sec. L-18. 22 MRSA §2383, as amended by IB 1999, c. 1, §6, is 
further amended to read: 
§2383. 
Possession 
1. 
Marijuana. 
Except 
as 
provided 
in 
section 
2383-B, 
subsection 5, 
~essessieR-~-a--u&ab,l-e--ame\lR~--o-f--lRa!'i;\laRa--i-s--a 
eivil-viela~ieR-~~-~~~-feFfei~\lFe-ef-n~-~~~~-$~-Re!' 
lRe!'e-~-han--$4().O..-IR\lS~--be---aG~-fe!'-~-he--f.i-~1;.-effeRse a person 
may not possess marijuana. 
A-te~tei~~~e-~-~~-&&-ae}\le~ee 
fe!'-~ae-6Re-aRe-s\lBse~\leR~-effeRses-wi~aiR-a-9-yea!'-~e!'ieeT 
A. 
A person who possesses a 
usable amount of marijuana 
commits a ciyil violation for which a fine of not less than 
$200 and not more than $400 must be adjudged. 
B. 
A person who possesses 
a 
usable amount of marijuana 
after having previously violated this subsection within a 
year period commits a civil violation for which a fine of 
$400 must be adjudged. 
2. 
Butyl nitrite and isobutyl nitrite. 
Pe66e66i~-ef b. 
person who possesses a usable amount of butyl nitrite or isobutyl 
nitrite is commits a civil violation for which a 
fe!'fei~\l!'e fine 
of not more than $200 may be adjudged. 
Sec. L-19. 22 MRSA §2389, sub-§2, as enacted by PL 1997, c. 
382, §1, is amended to read: 
2. 
Minor may not transport drugs. 
A Unless possession of 
the drug is expressly authorized by this Title or Title 32, 
a 
minor 
may not 
I£RewiR~lY--~Faa&~F~--{)-F---*now-ing-1y---pe-r-mi-t---~e--Be 
~!'aRsFe!'~ee-~~~-ia-a-~~--~h~~-~Rae!'-~-he-~~F-4r-eeR~!'el 
\lRless-~ssess~-ef-~~-e~~~--i-&-~~~~~y--a\l~hGFi~-~-~ais 
~i~le-e!'-~i~le-~6T~ 
A. 
Knowingly 
transport 
or 
knowingly 
permit 
to 
be 
transported a 
drug in a 
motor yehicle under the minor's 
control; 
B. 
Violate paragraph A after having previously violated 
this subsection; or 
c. 
Violate paragraph A after having previously violated 
this subsection 2 or more times. 
Sec. L-20. 22 MRSA §2492, as amended by PL 1983, c. 553, §19, 
is repealed and the following enacted in its place: 
§2492. License required 
1. 
License 
required. 
A 
person. 
corporation. 
firm 
or 
copartnership may not conduct. control, manage or operate the 
following 
establishments 
for 
compensation. 
directly 
or 
indirectly. without a license issued by the department: 
A. 
An eating establishment; 
B. 
An eating and lodging place; 
C. 
A lodging place; 
D. 
A recreational camp; or 
E. 
A ~amping area· 
Licenses issued must be displayed in a place readily visible to 
customers or other persons using a licensed establishment. 
2. 
Violation. 
A person, corporation. firm or copartnership 
may not: 
A. 
Violate subsection 1; or 
B. 
Violate subsection 1 after having previously violated 
subsection 1. 
3. 
Camping area: presumption. 
If a camping area consists 
of 5 or more tents or recreational vehicles on a commercial lot, 
it is presumed that the owner or renter of the lot is receiving 
compensation for the use of a camping area. The owner or renter 
may rebut the presumption if the owner or renter presents a 
preponderance of evidence to the contrary. 
Sec. L-21. 22 MRSA §2708, sub-§l is amended to read: 
1. 
Intentional or knowinq falsification. 
ABy A person who 
w~llf~lly 
intentionally 
or 
knowingly 
falsifies, 
w~ll~~lly 
provides false information, makes or alters any certificate or 
certified copy except as provided for in this Titler--o-1--wR9 
kBew~B~ly-pe££es£es-~~-any-sueh-~~~-o-1--a~~~-eeFE~~iea 
eepYr-eF-k~ew4~~JY-pe££es£es-~~~~~~wnr-any-eeFE~~~eaEe 
e~-£~~~~~~~-~e~eaiBiB~-~~~~-~e~seBT-~~~-~-~~iley 
eE-a-~~-~-&p&&-eeBvieeieB-sha11-~~~~-a-EiBe 
e E - ae ~ -1 ess- ~l:J.a.fi- -$-Hl-O .... -and-- -no.t:-- --mo-r-e--t-ba-n- --$-],.. M}-OO --G-~ -1:Iy - i RI~ ~ i s e BRIe B t: 
Ee~-Bet:-Rle~e-t:aaB-eBe-yea~T-e~-1:Iy-1:Iet:a commits a Class E crime. 
Sec. L-22. 22 MRSA §2708, sub-§l-A is enacted to read: 
I-A. 
Knowing possession, 
use. 
A person 
who 
knowingly 
possesses and uses a false or altered certificate or certified 
copy or knowingly possesses and uses as that person' s 
own 
a 
certificate 
or 
certified 
copy 
pertaining 
to 
another 
pers0n 
commits a Class E crime. 
Sec. L-23. 22 MRSA §2708, sub-§2, as amended by PL 1987, c. 
382, is repealed and the following enacted in its place: 
2. 
General. 
A person may not: 
A. 
Refuse to provide information required by this Title....L.. 
violate a provision of this Title having to do with the 
registration of vital statistics or neglect or refuse to 
perform a duty imposed upon that person by this Title having 
to do with the registration of vital statistics. 
Violation 
of this paragraph is a Class E crime; or 
B. 
Violate 
paragraph 
A 
after 
having 
been 
previouslv 
convicted of violating this subsection. 
Violation of this 
paragraph is a 
Class D crime. 
Title 17-A, 
section 9 .... A 
governs the use of prior convictions when determining a 
sentence. 
Violation of this subsection is a strict liability crime 
as 
defined in Title l7-A, section 34, subsection 4-A. 
Sec. L-24. 22 MRSA §2708, sub-§3 is enacted to read: 
3. 
Disposition of dead body without permit. 
A person may 
not: 
A. 
Knowingly 
transport 
or 
accept 
for 
transportation, 
interment 
or 
other disposition 
a 
dead 
body 
without 
an 
accompanying permit issued in accordance with this Title. 
Violation of this paragraph is a Class E crime; or 
B. 
Violate 
paragraph 
A 
after 
having 
been 
previously 
convicted of violating this subsection. 
Violation of this 
paragraph is 
a 
Class D crime. 
Title l7-A, 
section 9 A 
governs the use of prior convictions when determining a 
sentence. 
Sec. L-25. 22 MRSA §4314, sub-§6, as enacted by PL 1983, c. 
577, §1, is amended to read: 
6. 
Refusal; penalty. ARy A person who refuses upon request 
to provide saeh information under this section without just cause 
commits a civil violation for which a 
~e~~ei~a~e fine of not less 
than $25 
Re~ and not more than $100 
may be adjudged 
~e--ae 
~eeeve~eQ--~~--a--~~~~---aG~~&--J£--~--€e~£~--~---eeffipe~eR~ 
~a~isQie~ieR. 
ARy-pe£6eR-~~~~~~1~~~~r~-~a~&&-iREe~ffia~ieR 
~e-aR-aQffiiRis~~a~e~-is-~ail~y-e~-a-blass-~-e~iffieT 
Sec. L-26. 22 MRSA §4314, sub-§7 is enacted to read: 
7. 
False information; penalty. 
A person who intentionally 
or knowingly renders false information under this section to an 
administrator commits a Class E crime. 
Sec. L-27. 22 MRSA §7702-A, sub-§2, as enacted by PL 1999, c. 
363, §3, is repealed and the following enacted in its place: 
2. 
Civil penalties. 
The following penalties apply to the 
following violations: 
A. 
A person who violates section 7703 or 8603 or rules 
adopted pursuant to those sections commits a civil violation 
for which a fine of not more than $500 may be adjudged. 
B. 
A person who violates rules governing child-to-staff 
ratios adopted under section 8302-A, subsection 1, paragraph 
A or subsection 2, paragraph G commits a civil violation for 
which a fine of not more than $500 per incident or $500 per 
number of children above the limitation set by rule, or 
both, may be adjudged. 
Sec. L-28. 22 MRSA §8705, sub-§l, as amended by PL 2001, c. 
457, §11, is further amended to read: 
1. 
Rulemaiing. 
The 
board shall adopt 
rules setting a 
schedule 
of 
~e~~ei~a~es fines 
for 
failure 
to file data 
as 
required and failure to pay assessments, and will~al intentional, 
knowing 
or 
negligent 
failure 
to 
safeguard 
the 
identity 
of 
patients or providers. 
The rules may contain procedures for 
monitoring compliance with this chapter. 
Sec. L-29. 22 MRSA §8705, sub-§2, as amended by PL 2001, c. 
457, §12, is repealed and the following enacted in its place: 
2. 
Fines. 
Except for circumstances beyond a person's or 
entity's control: 
A. 
When a person or entity that is a health care facility, 
payor, 3rd-party administrator or carrier that provides only 
administrative services for 
a 
plan sponsor violates the 
requirements of this chapter, that person or entity commits 
a civil violation for which a fine of not more than $1, 000 
per 
day 
may 
be 
adjudged. 
A fine 
imposed 
under 
this 
paragraph may not exceed $25,000 for anyone occurrence: or 
B. 
A person or entity not covered br paragraph A that 
violates the requirements of this chapter commits a civil 
violation for which a fine of not more than $100 per day mny 
be adjudged. 
A fine imposed under this paragraph may not 
exceed $2,500 for anyone occurrence. 
PARTM 
Sec. M·l. 23 MRSA §1153, as amended by PL 1971, c. 
593, 
§22, is repealed and the following enacting in its place: 
§1153. 
Advertising on highways: jurisdiction: removal 
1. 
Erecting advertisement on highway. 
A person may not 
post, erect, display or maintain or cause to be posted, erected, 
displayed 
or 
maintained 
a 
sign, 
billboard, 
panel, 
placard, 
poster, notice or other advertising device in, upon or above any 
highway or so situated with respect to any highway as to obstruct 
clear vision of an intersecting highway or highways or otherwise 
so 
situated 
as 
to 
prevent 
the 
safe 
use 
or 
obstruct 
the 
maintenance of the highway. 
The highway is deemed the full width 
of the road as laid out by the State, county or the town and in 
any case is deemed to extend 33 feet from each side of the center 
line of the traveled or built-up portion of the way. 
2. 
Application. 
This section does not apply to the State 
or to a political subdivision of the State or to signs erected or 
maintained with the approval of the department solely for the 
purpose of safeguarding, facilitating or protecting travel along 
the highway. 
A. 
The department may authorize the placing of directional 
signs of such design as it determines, not exceeding 48 
inches in length and 9 inches in width to designate places 
of interest, to be posted without expense to the State at 
the junction of roads. 
B. 
A person, firm or corporation, while working on, under, 
over 
or 
immediately 
adjacent 
to 
a 
highway, 
may 
erect 
temporary warning or directional signs or signals for the 
purpose 
of 
safeguarding 
or 
protecting its 
workers 
and 
facilitating and protecting travel along the highway by the 
traveling public. 
3. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates this section commits 
a 
civil 
violation for which a fine of not less than $5 and not more 
than $500 may be adjudged. 
B. 
After 
having 
been 
adjudicated 
as 
having 
violated 
paragraph A, 
a person who unlawfully maintains any sign, 
billboard, 
panel, 
placard, 
poster, 
notice 
or 
other 
advertising device for 10 days after the adjudication is 
subject to an additional fine of not more than $50 for each 
day upon which such sign, billboard, panel, placard, poster, 
notice or other advertising device is maintained. 
4. 
Removal. 
The 
State Police shall 
remove all signs, 
billboards, 
panels, 
placards, 
posters, 
notices 
or 
other 
advertising devices existing within the limits of the highway in 
violation of this section. 
Sec. M-2. 23 MRSA §1401, as amended by PL 1985, c. 20, is 
repealed. 
Sec. M-3. 23 MRSA §1401-A is enacted to read: 
§l40l-A. 
Installations restricted 
1. 
Installing of buildings or fixtures. 
A person may not 
install, erect or construct, or cause to be installed, erected or 
constructed, installations such as buildings, gasoline pumps or 
other fixtures, in, upon or near any state or state aid highway, 
located as follows: 
A. 
Within the full width of the right-of-way of any state 
or state aid highway as laid out by the State, the county or 
the town: 
B. 
Within 33 feet of the center line of any state or state 
aid highway. 
This paragraph does not apply to installations 
or other property in existence on August 6, 
1949. 
The 
commissioner has discretion to waive the application of this 
paragraph to the reconstruction of a building in the general 
location 
of 
the 
previously 
existing 
building 
if 
the 
commissioner determines thqt highway safety and the public 
welfare will not be adversely affected: or 
C. 
Within 20 feet from the outside edge of any of the paved 
portion of any state or state aid highway having more than 2 
travel lanes and having a total paved portion in excess of 
feet 
in 
width. 
This 
paragraph 
does 
not 
apply 
to 
installations or other property in existence on September It 
~ 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates this section commits 
a civjl 
violation for which a fine of not less than $5 and not more 
than $500 may be adjudged. 
B. 
After 
having 
been 
adjudicated 
as 
having 
violated 
paragraph 
A, 
a 
person 
who 
unlawfully 
maintains 
any 
installations such as buildings, gasoline pumps or other 
fixtures for 30 days after the adjudication is subject to an 
additional fine of not more than $50 for each day such 
installations are maintained. 
3. 
Application. 
This 
section 
does 
not 
apply 
to 
the 
installations or other property devoted to the public use of any 
public utility or district and underground pipelines. 
Sec. M-4. 23 MRSA §1980, sub-§l, as enacted by PL 1981, c. 
595, §3, is amended to read: 
1. 
Traffic 
infraction. 
ABy 
Except 
as 
provided 
in 
subsection l-A, a violation of published rules relating to the 
turnpike or its use or services sRall--be--EleeJlleEl is a traffic 
infraction and sRa~~-be is punishable by a fine of not more than 
$250T-~~~--~aa~-aBy-~~-wRe-~pe~a~~-~-JIIe~e~-¥~~~~~-a 
speeEl-wR~€R-eH€eeQ67-~-~~~~~~~-~-~~r-~~-speeQ-~~HeEl 
by-~~-aa~~~~~y-6Rall--be-~ai~~y-~-~-JII~SQeJlleaBe~-~~~~-be 
paB~6ReEl-by-a-~~~~-~-B&&&-~RaB-$§g-£~-~~~~~~~~-by 
~JIIPF~seBJlleB~-~~-~~~-~RaB-J~-~-~--&y-be~R. 
ABy-fa~l~£e 
e£-Re~le€~-~e-~~-~~~~-~~~~-~~~~~~~-~ae-E~~Bp~ke 
sRa±±-~~-a-JII~6EleJlleaRe£-~~~~-be-~£46aa~e-~-a-~iBe 
e~-~-~~-~aa£-~-e£-~-impFiseBffieB~-~~--~~-me~e-~~-~Q 
ElaysT-e~-~~~~-~~a~~-eeBEa~BeEl-4£-~~~~~~ay-pFeveBE 
ERe-a~~ae~4~y-~~~~~~~-¥aym&B~-~e~-~£e-~-~~-~a~B¥~*e-eF 
aBY-~~--&e~~i&e-4R-~~-W~ER-~~-~a~B¥~*e-~-~~-aE 
law-eF-~B-e~a~EYT 
Sec. M-S. 23 MRS A §1980, sub-§l-A is enacted to read: 
I-A. 
Criminal violations. 
The 
following violations 
of 
published rules relating to the turnpike or its use or services 
are crimes. 
A. 
A person who operates a motor vehicle at a speed that 
exceeds, by 30 miles per hour or more, the speed fixed by 
the authority commits a Class E crime. 
B. 
A person who fails or neglects to pay tolls, fares or 
charges for use of the turnpike commits a Class E crime. 
These crimes are strict liability crimes as defined in Title 
l7-A, section 34, subsection 4-A. 
Sec. M-6. 23 MRSA §1980, sub-§4 is enacted to read: 
4. 
Other collection procedures. 
Nothing in this section 
prevents the authority from collecting payment for use of the 
turnpike or any other service in connection with the turnpike by 
action at law or in equity. 
Sec. M-7. 23 MRSA §3252 is 
repealed 
and 
the 
following 
enacted in its place: 
§3252. 
Drainage or obstruction of public ways 
1. 
Change in drainage; obstruction. 
A person, personally 
or through the person's agents or servants, may not do any of the 
following acts in a manner that changes the drainage of a public 
way or obstructs a public way: 
A. 
Cultivate, in connection with the improvement of lands 
adjacent to a public way, any portion of the wrought portion 
of a public way: 
B. 
Turn teams, tractors, farm machinery or other equipment 
upon the wrought portion of a public way: or 
C. 
Deposit within or along any ditch or drain in a public 
way any material that will obstruct the flow of water in the 
ditch or drain or otherwise obstruct the way. 
With the 
written consent and in accordance with specifications of the 
legal authorities having supervision of the ditch or drain, 
a person may, 
to provide egress and regress to and from 
lands 
occupied 
by 
that 
person, 
lawfully 
construct 
and 
maintain a bridge across the ditch or ~rain. 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A 
person 
who 
intentionally 
or 
knowingly 
violates 
subsection 1 commits a civil violation for which a fine of 
not more than $50 plus costs may be adjudged. 
B. 
A 
person 
who 
intentionally 
or 
knowingly 
violates 
subsection 1 after haying previously violated this section 
commits a civil violation for which a fine of not more than 
$100 plus costs may be adjudged. 
All fines recovered under this section, except in cases where the 
way involved was maintained by the State, must be paid to the 
treasurer of the municipality, or, for an unyrganized place, to 
the treasurer of the county, where such offense is committed and 
must be expended in the construction and maintenance of publ ~ c 
ways or drains therein. 
3. 
Damages. 
In addition to the fines under subsection 2, a 
person who intentionally or knowingly violates subsection 1 is 
liable 
for 
double 
the 
amount 
of 
the 
actual 
damage, 
to 
be 
recovered in a civil action by the municipality, or, in behalf of 
any 
unorganized place, 
by 
the 
county 
where 
the 
offense 
is 
committed. 
4. 
Jurisdiction. 
In all prosecutions under this section, 
the District Court has, upon complaint. jurisdiction concurrent 
with the Superior Court. 
5. 
Application. 
This section does not apply to a person 
having legal supervision of a public way. 
Sec. M-S. 23 MRS A §3253 is repealed. 
Sec. M-9. 23 MRSA §3254 is 
repealed 
and 
the 
following 
enacted in its place: 
§3254. 
Complaints 
When 
the attention of 
a 
municipal officer, 
or, 
for 
an 
unorganized place, 
a 
county 
commissioner, 
is directed to 
a 
violation of section 
3252 within the municipal officer's or 
county 
commissioner's 
jurisdiction, 
the municipal 
officer or 
county commissioner shall enter a complaint against the offender 
and prosecute the violation to final judgment. 
Sec. M-IO. 23 MRSA §6019, as enacted by PL 1987, c. 141, Pt. 
A, §4, is repealed and the following enacted in its place: 
§6019. 
Loitering: soliciting passengers 
1. 
Loitering prohibited. 
A person 
may 
not loiter or 
remain, without right. within any car or station house of a 
railroad corporation or upon the platform or grounds adjoining 
that station after being requested to leave by a railroad officer. 
2. 
Soliciting passengers prohibited. 
A person may not 
solici t 
passengers, in competition with a railroad corporation, 
in a station or on the station grounds or wharves of the railroad 
corporation without a written permit signed by an officer of the 
corporation authorized to issue the permit. 
3. 
Penalties. 
A person who violates this section commits a 
civil violation for which a fine of not more than $100 may be 
adjudged. 
Sec. M·ll. 23 MRSA §6023, as amended by PL 1991, c. 797, §7, 
is repealed and the following enacted in its place: 
§6023. 
Injuring fences; turning animals into railroad enclosure 
1. 
Injuring 
fence. 
A 
person 
may 
not 
take 
down 
or 
intentionally inj ure a fence erected to protect the line of a 
railroad: 
2. 
Turning animals into railroad enclosure. 
A person may 
not turn a 
horse, cattle or other animal upon or within the 
enclosure of a railroad. 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Violation of this section is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. M·12. 23 MRSA §7007, as amended by PL 1999, c. 318, §1, 
is repealed and the following enacted in its place: 
§7007. 
Penalty for being on track or bridge or entering track 
with team or vehicle 
1. 
Walking or standing on track or bridge. 
A person may 
not, without right, stand or walk on a railroad track or railroad 
bridge 
or 
pass 
oyer 
a 
railroad 
bridge 
except 
by 
railroad 
conveyance. 
2. 
Entering track. 
A person may not, without right, enter 
upon a railroad track with a team or a vehicle however propelled 
or drive any team or propel a vehicle upon a railroad track. 
3. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $5 and not more 
than $100 may be adjudged. 
B. 
A 
person 
who 
violates 
subsection 
after 
having 
previously violated subsection 1 commits a civil violation 
for which a fine of not less than $100 and not more than 
$500 may be adjudged. 
C. 
A 
person 
who 
violates 
subsection 
after 
having 
previously violated subsection 1 2 or more times commits a 
civil violation for which a fine of not less than $500 and 
not more than $1000 may be adjudged. 
D. 
A person who violates subsection 2 commits a Class E 
crime. 
Violation of subsection 2 is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
PARTN 
Sec. N·l. 24·A MRSA §4143, as amended by PL 1991, c. 797, 
§11, is repealed and the following enacted in its place: 
§4l43. 
Penalties 
1. 
False or fraudulent statement in application. 
A person 
who 
intentionally or 
knowingly 
makes 
a 
false 
or 
fraudulent 
statement in or relating to an application for membership or for 
the purpose of obtaining money from or a benefit in any societv 
commits a Class E crime. 
2. 
Perjury. 
A person who intentionally or knowingly makes 
a 
false 
or 
fraudulent 
statement 
in 
any 
verified report 
or 
declaration under oath required or authorized by this chapter or 
of any material fact contained in a sworn statement concerning 
the death or disability of a member for the purpose of procuring 
payment of a benefit named in the certificate commits the crime 
of perjury and is subject to the penalties prescribed by law. 
3. 
Soliciting membership in society not licensed to do 
business. 
A person who solicits membership for or in any manner 
assists in procuring membership in a society not licensed to do 
business in this State commits a civil violation for which a fine 
pf not less than $50 and not more than $200 may be adjudged. 
4. 
General 
penalty. 
A 
person 
who 
intentionally 
or 
knowingly violates or neglects or refuses to comply with the 
prov~s~ons of this chapter for which a penalty is not otherwise 
prescribed is subject to the penalties under section 12-A. 
PART 0 
Sec. 0-1. 25 MRSA §2001, as amended by PL 2001, c. 459, §§l 
and 2, is repealed. 
Sec. 0-2. 25 MRSA §2001-A is enacted to read: 
§2001-A. 
Threatening display of or car£Ying concealed weapon 
1. 
Display or carrying prohibited. A person may not, unless 
excepted by a provision of law: 
A. 
Display in a threatening manner a firearm, slungshot. 
knuckles, bowie knife, dirk, stiletto or other dangerous or 
deadly weapon usually employed in the attack on or defense 
of a person: or 
B. 
Wear under the person's clothes or conceal about the 
person's person a firearm, slungshot, knuckles, bowie knife, 
dirk, stiletto or other dangerous or deadly weapon usually 
employed in the attack on or defense of a person. 
2. 
Exceptions. 
The provisions of this section concerning 
the carrying of concealed weapons do not apply to: 
A. 
Firearms carried by a person to whom a valid permit to 
carry a concealed firearm has been issued as provided in 
this chapter; 
B. 
Disabling chemicals as described in Title l7-A, section 
1002; 
C. 
Knives used for the purposes of hunting, 
fishing or 
trapping as defined in Title 12, section 7001; 
D. 
Law enforcement officers and corrections officers as 
permitted in writing by their employer; 
E. 
Firearms carried by a 
person engaged in conduct for 
which a state-issued hunting or trapping license is reQuired 
and possessing the reQuired license, or firearms carried by 
a resident person engaged in conduct expressly authorized by 
Title 12, section 7377, subsections 1 and 2. 
This paragraph 
does not authorize or permit the carrying of a concealed or 
loaded firearm in a motor vehicle; and 
F. 
A firearm carried by a person to whom a valid permit to 
carry a concealed firearm has been issued by another state 
if a permit to carry a concealed firearm issued from that 
state has been granted reciprocity. 
The Chief of the State 
Police may enter into reciprocity agreements with 2 other 
states. 
Reciprocity may be granted to a permit to carry a 
concealed firearm issued from another state if: 
(1) 
The other state that issued the permit to carry a 
concealed 
firearm 
has 
substantially 
equivalent 
or 
stricter requirements for the issuance of a permit to 
carry a concealed firearm; and 
(2) 
The other state that issued th9 permit to carry a 
concealed 
firearm 
observes 
the 
same 
rules 
of 
reciprocity in regards to a person issued a permit t:o 
carry a concealed firearm under this chapter. 
Sec. 0-3. 25 MRSA §2004, as enacted by PL 1985, c. 478, §2, 
is repealed and the following enacted in its place: 
S2004. Penalty 
1. 
False 
statements. 
A 
person 
who 
intentionally 
or 
knowingly makes a false statement in the written application for 
a permit to carry a concealed firearm or any documents made a 
part of the application commits a Class D crime. 
2. 
Carries or conceals dangerous weapon. 
A person who 
violates section 2001-A commits a Class D crime. 
3. 
Failure to possess permit. 
A person who fails to comply 
with section 2003, subsection 11 commits a civil violation for 
which a fine of not more than $100 may be adjudged. 
4. 
Violation 
of 
confidentiality. 
A 
person 
who 
intentionally 
or 
knowingly 
violates 
the 
confidentiali ty 
provisions of section 2006 commits a Class E crime. 
Sec. 0-4. 25 MRS A §2005, sub-§l, ~B, as amended by PL 1989, c. 
917, §13, is further amended to read: 
B. 
The permit holder has been convicted of a violation of 
section ~9Gl 2001-A; 
Sec. 0-5. 25 MRSA §2055, as enacted by PL 1973, c. 237, is 
repealed and the following enacted in its place: 
S2055. 
Penalty 
A person who violates this chapter commits a Class E crime. 
Except as 
otherwise specifically provided, 
violation of this 
chapter is a strict liability crime as defined in Title 17-A, 
section 34, subsection 4-A. 
Sec. 0-6. 25 MRSA §2465, sub-§6, as amended by PL 1991, c. 
714, §8, is repealed and the following enacted in its place: 
6. 
Penalty. 
The following penalties apply. 
A. 
A person who, for compensation, constructs or installs 
vents or solid fuel burning appliances in violation of the 
standards 
and 
then 
permits 
such 
violation 
to 
remain 
uncorrected after 30 days' notice from an official empowered 
to enforce this section commits a civil violation for which 
a fine of not more than $500 for each violation may be 
adjudged. 
The court may waiye any penalty or cost against a 
violator 
upon satisfactory proof that the violation was 
corrected within 30 days of the issuance of a complaint. 
Construction and installation of chimneys and fireplaces are 
governed by Title 32, chapter 33. 
B. 
A person who fails to proyide 
a 
purchaser with an 
instruction manual 
or the authorized publication of the 
Department 
of 
Economic 
and 
Community 
Development, 
as 
described in subsection 5-A, commits a civil violation for 
which a fine of not less than $200 and not more than $500 
may be adjudged. 
C. 
A 
person 
who 
violates 
paragraph 
B 
after 
having 
previously violated paragraph B commits a civil violation 
for which a fine of not less than $500 and not more than 
$800 for each offense may be adjudged, 
In addition to the penalties provided in this subsection, 
a 
violation of this chapter constitutes a violation of Title 5, 
chapter 10. 
Sec. 0-7. 25 MRSA §2931, sub-§l, "A and B, as enacted by PL 
1999, c. 80, §1, are amended to read: 
A. 
Makes 
answering 
repeated 
point 
by 
telephone calls 
dialing 
9-1-1 
reports or inquiries; e~ 
to 
a 
public 
safety 
to 
make 
nonemergency 
B. 
Causes telephone calls to be made to a public safety 
answering point using an alarm or other alerting device that 
automatically dials 9-1-1 and transmits a prerecorded signal 
or messageTl.......Qr. 
Sec. 0~8. 25 MRSA §2931, sub-§l,'C is enacted to read: 
C. 
Violates paragraph B after haying previously yiolated 
paragraph B. 
Sec. 0-9. 25 MRSA §2931, sub-§2, as repealed and replaced by 
PL 1999, c. 80, §l, is repealed. 
Sec. 0-10. 25 MRSA §2931, sub-§2-A is enacted to read: 
A. 
Penalty. 
The following penalties apply to violations 
of this section. 
A. 
Violation of subsection 1, paragraph A or C is a Class E 
cr ime. 
Violation of subsection 1, paragraph A or C is a 
strict liability crime as defined in Title 17-A, section 34 L 
subsection 4-A. 
B. 
Violation of subsection 1, 
paragraph 
B is 
a 
civil 
violation for which a fine of not more than $500 may be 
adjudged. 
PARTP 
Sec. P-l. 26 MRSA §593 is repealed and the following enacted 
in its place: 
S593. Textile piecework 
1. 
Posting of specifications. 
The occupiers or managers of. 
every textile factory shall post in every room where employees 
work 
by piece rate, 
in legible writing or printing, 
and in 
sufficient numbers to be easily accessible to such employees, 
specifications of the character of each kind of work to be done 
by them and the rate of compensation, whether paid by the pound 
or by the pick as registered by the pick clock on each loom. 
Such specifications in the case of weaving rooms must state the 
intended and maximum length of a cut or piece, the count per inch 
of reed and the number of picks per inch, width of loom and width 
of cloth woven in the loom, and each warp must bear a designating 
ticket or mark of identification. 
2. 
Pick clocks. 
In mills operating looms engaged in the 
weaving of cloth or other textiles where weavers are not paid on 
a per hour or day basis, pick clocks must be placed on each loom 
in operation, 
and each weaver must be paid according to the 
number of picks registered on the pick clock. 
3. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates this section commits 
a civil 
violation for which a fine of not more than $50 may be 
adjudged. 
B. 
A 
person 
who 
violates 
this 
section 
after 
having 
previously violated this section commits a civil violation 
for which a fine of not more than $100 may be adjudged. 
C. 
A 
person 
who 
violates 
this 
section 
after 
having 
previously violated this section 2 or more times commits a 
Class E crime, which is a strict liability crime as defined 
in Title l7-A, section 34, subsection 4-A. 
4. 
Application. 
This section does not apply to so-called 
gang looms or the weaving of carpets or elastic webbing. 
Sec. P-2. 26 MRSA §782 is repealed and the following enacted 
in its place: 
§782. 
Parent. guardian or custodian 
1. 
Permitting or allowing child to work. 
A person who has 
control over a child as parent, guardian, custodian or otherwise 
may not permit or allow the child to be employed or to work in 
violation of this subchapter. 
2. 
Work permit containing false information. 
A person may 
not present, or permit or allow a child over which the person has 
control to present, to an employer, owner or superintendent or an 
overseer or agent as required under section 775 a work permit 
containing a false statement as to the date of birth or age of 
the child, knowing it to be false. 
3. 
Penalties. 
A person who violates this section commits a 
civil violation for which a fine of not less than $10 and not 
more than $50 for each offense may be adjudged. 
Sec. P-3. 26 MRSA §1082, sub-§2, as repealed and replaced by 
PL 1983, c. 351, §9, is amended to read: 
2. 
Povers and duties. In addition to other powers 
and 
duties provided in this chapter, the commission, by majority vote 
and with the advice of the commissioner, may adopt or rescind 
rules with respect to unemployment insurance in accordance with 
the Maine Administrative Procedure Act, Title 5, chapter 375. 
The 
commission 
may 
require 
reports, 
make 
investigations 
and 
undertake other activities necessary to carry out the duties of 
the commission. 
Each member of the commission sha:l:l--ha .... e is 
entitled tv access to any information, 
memoranda, 
reports or 
statistical data whieh ~ 
is in the possession of or whieh ~ 
has been prepared by aDY 
.2, division of the Department of Labor 
and whieh that relates to the administration of this chapter. 
Sec. P-4. 26 MRSA §1082, sub-§7, as amended by PL 1997, c. 
687, §1, is further amended to read: 
7. 
Records and reports. Each employing unit shall keep true 
and accurate work records, containing such information as the 
commissioner 
may 
prescribe. 
These 
records 
must 
be 
open 
to 
inspection and be subject to being copied by the commissioner or 
the commissioner's authorized representatives at any reasonable 
time and as often as may be necessary. 
Th9 commissioner may 
require from any employing unit any sworn or unsworn reports, 
with respect to persons employed by it, that the commissioner 
considers necessary for 
the effective administration of this 
chapter. 
Information 
thus 
obtained 
or 
obtained 
from 
any 
individual pursuant to the administration of this chapter, except 
to the extent necessary for proper presentation of a claim, must 
be held confidential and may not be published or opened to public 
inspection, other than to public employees in the performance of 
their public duties or to any agent of an agency that is under 
contract with a state or local child-support agency, or to any 
agent of an agency that is under contract or subcontract with the 
state employment and job training agency, pursuant to safeguards 
established by the commissioner, 
in any manner revealing the 
individual's or employing unit's identity, but the department 
shall, 
upon request, provide to any party to an adjudicatory 
proceeding 
information 
from 
the 
records 
relating 
to 
the 
proceeding. 
Final 
decisions 
of 
adjudicatory proceedings 
are 
available 
to 
the 
public 
~~eviQeQ--tRat after 
the 
names 
and 
addresses 
of 
claimants 
and 
employers 
are 
deleted 
from 
the 
decisions. 
Records, with any necessary authentication tRe~eef of 
those records, required in the prosecution of any criminal action 
brought by another state for misrepresentation to obtain benefits 
under the law of this State must be made available to the agency 
administering the employment security law of any such state for 
the purpose of such prosecution. 
AJl.y--pe-i"-&On--wRe- ........ i<>-1-at.-e-s--aJl.y 
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eeJl.fieeJl.tia±-~~--&e-~£J£-~~~~r-e£Ret-~~-ei6e±e6a~e 
aatRe~i~eQ-By-tRi6-6aB6eetieJl.T-i6-~ai±ty-ef-a-G±a66-E-e~iffieT 
A. 
A person who violates this subsection commits a Class E 
crime. 
B. 
An agent of an agency that is under contract with a 
state or local child-support agency. 
or an agent of an 
agency that is under contract or subcontract with the state 
employment 
and 
job 
training 
agency 
who 
discloses 
any 
information 
that 
is 
confidential 
pursuant 
to 
this 
subsection, 
other 
than 
disclosure 
authorized 
b~ 
this 
subsection, commits a Class E crime. 
ViQlation of this subsection is 
a strict 
liabilit~ crim!i1 
as 
d!i1fineg in Titl!i1 17-A, section 34, subsection 4-A. 
Sec. P-S. 26 MRSA §1082, sub-§9-A, as amended by PL 1987, c. 
641, §5, is further amended to read: 
9-A. 
Refusal to appear. 
ARy A person who without just 
cause fails or refuses to attend and testify or to answer any 
lawful 
inquiry or 
to 
produce 
books, 
papers, 
correspondence, 
memoranda and other records, if it is in that person's power to 
do 
so, 
in obedience to 
a 
subpoena of the commissioner, 
the 
commission, the Division of Administrative Hearings or the duly 
authorized ~esp~eseRtative representative of any of them shall-ae 
~Qil~y--9E commits 
a 
Class 
E crime. 
This crime is a 
strict 
liabi1it~ crime as defined in Title 17-A, section 34, subsection 
4-A. 
WheReve~ Ii a person refuses to obey a subpoena duly issued 
by 
the 
commissioner, 
the 
commission, 
the 
Division 
of 
Administrative Hearings or the duly authorized representative of 
any of them, any court of this State within the jurisdiction of 
which the person resides or transacts businessT--sha-1-1--have has 
jurisdiction to issue to that person an order requiring the 
person to appear 
and produce evidence or testimony.L and any 
failure to obey that order may be punished by the court as 
contempt of court. 
Sec. P-6. 26 MRSA §1420-C, as enacted by PL 1995, c. 560, Pt. 
F, §13, is repealed and the following enacted in its place: 
§1420-C. Penalty 
1. 
Interference with admittance or enjoment; rights. 
A 
person or the person's agent ma~ not: 
A. 
Den~ or interfere with admittance to or enjo~ment of the 
public facilities described in section l420-A; or 
B. 
Otherwise 
interfere with 
the 
rights 
of 
a 
deaf 
or 
hard-Qf-hearing person under section 1420-A. 
2. 
Penalty. 
Violation of this section is a Class E crime. 
ViolatiQn of this section is a strict liabilit~ crime as defined 
in Title 17-A, section 34, subsection 4-A. 
Sec. P-7. 26 MRSA §1420-D is enacted to read: 
§1420-D. 
Misrepresentation of hearing dog 
A person who fits a dog with a collar and leash of the type 
required by section 1420-A, subsection 3 in order to represent 
that the dog is a hearing dog when training of the type that a 
hearing dog normally receives has not in fact been provided 
commits a civil violation for which a fine of not more than $100 
may be adjudged. 
PARTQ 
Sec. Q-l. 28-A MRSA §161, as amended by PL 1997, c. 373, 
§§33 to 35, is further amended to read: 
§16l. 
Bottle clubs 
1. 
Reqistration. 
Each bottle club, as defined in section 
2, subsection 3, shall register annually with the bureau on forms 
provided by the bureau. 
Registration consists of submission of 
the 
information required in paragraph 
A and 
payment of 
the 
registration fee established in paragraph B. 
A. 
The information each bottle club is required to submit 
consists of only the following: 
(1) 
The name and address of each owner of the bottle 
club; 
(2) 
The 
name 
and address of each operator of the 
bottle club; and 
(3) 
The regular hours of operation. 
B. 
The annual fee for registration of a bottle club is $50. 
GT--~-~~~-el~&-~£a~-~-~~-£e~46~e£-~~~-~-BR~eaR 
eemmit6-a-Gla66-g-e~imeT 
A bottle club that does not register with the bureau 
com~its a 
Class 
E 
crime. 
Violation 
of 
this 
subsection 
is 
a 
strict 
J.iability crime as defined in Title 17-A, section 34, subsection 
4-A. 
I-A. 
Eliqibility 
qualifications. 
The 
bureau 
may 
not 
register a bottle club unless each owner or operator of the 
bottle club meets the eligibility qualifications under section 
601, subsection 1. 
I-B. 
Disqualification. 
The 
bureau 
may 
not 
register 
a 
bottle club if the bureau determines that: 
A. 
An owner or operator of the bottle club is disqualified 
from 
receiving 
a 
liquor 
license 
under 
section 
601, 
subsection 2; or 
C. 
The purpose of the application is to circumvent the 
eligibility or disqualification provisions of section 601. 
The bureau shall notify each owner or operator of the bottle club 
in writing of its decision to approve or deny registration of the 
bottle club under this subsection. 
The decision of the bureau to 
approve or deny registration of a bottle club is final agency 
action. 
I-C. 
Penalty for operation after denial. 
Notwithstanding 
subsection 1, paragraph C, 
a person who operates a bottle club 
after 
receipt 
of 
notice 
of 
denial 
of 
registration 
under 
subsection 1-B 
commits 
a 
Class 
D crime. 
Violation of this 
subsection is a strict liability crime as defined in Title l7-A, 
section 34, subsection 4-A. 
2. 
Charges and fees. 
Charges paid by the bottle club's 
members or the general public for membership, admission, 
food, 
mixers or other supplies used with liquor or storage or handling 
of liquor belonging to members or the general public are not 
sales, as defined in this Title, or gifts. 
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ea~aeitYT 
3-A. 
Minors on premises. 
A bottle club may not allow a 
minor not employed by the bottle club or not accompanied by the 
minor's parent, guardian or custodian, as defined in Title 22, 
section 4002, to remain on the bottle club premises, except on 
occasions when liquor is prohibited on the bottle club premises. 
The following penalties apply to violations of this subsection. 
A. 
A bottle club that violates this subsection commits a 
civil violation for which a fine of not less than $100 and 
not more than $300 may be adjudged. 
B. 
A bottle club that violates this subsection after having 
previously violated this section commits a civil violation 
for which a fine of not less than $200 and not more than 
$500 may be adjudged. 
C. 
A bottle club that violates this subsection after having 
previously violated this section 2 or more times commits a 
civil violation for which a fine of $500 may be adjudged. 
3-B. 
Employment of minors. 
A bottle club may employ minors 
only if an employee of legal drinking age or older is present in 
a supervisory capacity. 
4. 
Consumption or possession on premises. 
A bottle club 
may not permit consumption or possession of imitation liquor on 
the bottle club premises by minors. 
A bottle club may not permit 
consumption of liquor on the bottle club premises by minors or 
visibly intoxicated persons. 
The following penalties apply to 
violations of this subsection. 
A. 
A bottle club that violates this subsection commits a 
civil violation for which a fine of not less than $100 and 
not more than $300 may be adjudged. 
B. 
A bottle club that violates this subsection after having 
previously violated this section commits a civil violation 
for which a fine of not less than $200 and not more than 
$500 may be adjudged. 
C. 
A bottle club that violates this subsection after having 
previously violated this section 2 or more times commits a 
civil violation for which a fine of $500 may be adjudged. 
5. 
Violation of state law. 
Ne 
A bottle club may 
not 
knowingly allow any violation of any state law on the bottle club 
premises to occur or continue. 
The following penalties apply to 
violations of this subsection. 
A. 
A bottle club that violates this subsection commits a 
civil violation for which a fine of not less than $100 and 
not more than $300 may be adjudged. 
B. 
A bottle club that violates this subsection after having 
previously violated this section commits a civil violation 
for which a fine of not less than $200 and not more than 
$500 may be adjudged. 
C. 
A bottle club that violates this subsection after having 
previously violated this section 2 or more times commits a 
civil violation for which a fine of $500 may be adjudged. 
Page l12-LR0526(1) 
6. 
Jurisdiction. 
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F-~ 
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a~~eR6ef--a-aG-~-~~--tae--~F-G-~-£~~~~~--a~~eR6e6T 
The 
District 
Court 
has 
jurisdiction 
over 
the 
civil 
violations, 
defined in this section, under Title 17-A, section 9. 
7. 
Right of access. 
Every bottle club shall allow liquor 
enforcement officers and other law enforcement officers to enter 
the premises at reasonable times for the purpose of investigating 
compliance with this Title. 
A. 
Entry into the premises under this subsection must be 
conducted in a reasonable manner so as not to disrupt the 
operation of the bottle club. 
B. 
The 
involved 
investigation 
must 
be 
limited 
to 
in 
the 
actual 
operation 
of 
the 
those 
bottle 
areas 
club, 
including storage areas. 
C. 
The following penalties apply to violations of this 
subsection. 
(1) 
A bottle 
club 
that 
violates 
this 
subsection 
commits a civil violation for which a fine of not less 
than $100 and not more than $300 may be adjudged. 
(2) 
A bottle club that violates this subsection after 
having previously violated this section commits a civil 
violation for which a fine of not less than $200 and 
not more than $500 may be adjudged. 
(3) 
A bottle club that violates this subsection after 
having previously violated this section 2 or more times 
commits a civil violation for which a fine of $500 may 
be adjudged. 
Sec. Q-2. 28-A MRSA § 163, sub-§9, as enac ted by PL 1993, c . 
266, §5, is repealed and the following enacted in its place: 
9. 
Violations. 
The following penalties apply to violations 
of this section. 
A. 
A B.Y.O.B. sponsor that violates this section commits a 
civil violation for which a fine of not less than $100 and 
not more than $300 may be adjudged. 
B. 
A B.Y.O.B. 
sponsor that violates this section after 
having previously violated this section commits 
a 
civil 
Page l13-LR0526(1) 
violation for which a fine of not less than $200 and not 
more than $500 may be adjudged. 
c. 
A B.Y.O.B. 
sponsor that violates this section after 
having previously violated this section 2 or more times 
commits a civil violation for which a fine of $500 may be 
adjudged. 
Sec. Q-3. 28· A MRSA §704, as amended by PL 1997, c. 373, 
§67, is repealed and the following enacted in its place: 
§704. EmPloyment of minors 
1. 
EmPloyees under 17 years of age. 
A licensee for the 
sale of liquor to be consumed on licensed premises may not employ 
a person under 17 years of age in the serving or selling of 
liquor on the premises where the liquor is sold. 
A licensee who 
violates this subsection is subject to the penalties in section 
803. 
2. 
EmPloyees between 17 and 21 years of age. 
An employee 
who is at least 17 years of age but less than 21 years of age may 
serve or sell liquor only in the presence of an employee who is 
at least 21 years of age and is in a supervisory capacity. 
A. 
A licensee whose employee violates this subsection is 
subject to the penalties in section 803. 
B. 
An employee who violates this subsection is subject to 
the penalties in section 803. 
Sec. Q-4. 28-A MRS A §2051, as amended by PL 2001, c. 160, 
§l, is further amended to read: 
§2051. Prohibited acts by minors 
1. 
Prohibited acts. 
A minor may not: 
A. 
Purchase aBY liquor or imitation liquorT. 
The following 
penalties apply to violations of this paragraph. 
(1) 
A minor who violates this paragraph commits 
a 
civil violation for which a fine of not less than $200 
and not more than $400 must be adjudged. 
(2) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
commits 
a 
civil 
violation for which a fine of not less than $300 and 
not more than $600 must be adjudged, none of which may 
be 
suspended 
except 
as 
provided 
in 
subsection 
2, 
paragraph B. 
(3) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
or 
more 
times 
commits a civil violation for which a fine of $600 must 
be adjudged. none of which may be suspended except as 
provided in subsection 2, paragraph Bi 
B. 
Consume aay liquor or imitation liquor, except in a home 
in the presence of the minor's parent, legal guardian or 
custodian, 
as defined. in Title 22, 
section 4002f. 
The 
following penalties apply to violations of this paragraph. 
(1) 
A minor who violates this paragraph commits 
a 
civil violation for which a fine of not less than $200 
and not more than $400 must be adjudged. 
(2) 
A minor who violates this paragraph after having 
previOUSly 
violated 
this 
section 
commits 
a 
civil 
violation for which a fine of not less than $300 and 
not more than $600 must be adjudged, none of which may 
be 
suspended 
except 
as 
provided 
in 
subsection 
2, 
paragraph B. 
(3) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
or 
more 
times 
commits a civil violation for which a fine of $600 must 
be adjudged, none of which may be suspended except as 
provided in subsection 2, paragraph Bi 
C. 
Have on the minor's person aay liquor or imitation 
liquor in any premises licensed for the sale of liquor to be 
consumed on the premisesf. 
The following penalties apply to 
violations of this paragraph. 
(1) 
A minor who violates this paragraph commits 
a 
civil violation for which a fine of not less than $200 
and not more than $400 must be adjudged. 
(2) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
commits 
a 
civil 
violation for which a fine of W)t less than $300 and 
not more than $600 must adjudged, none of which may be 
suspended except as provided in subsection 2, paragraph 
XL-
(3) 
A minor who violates this paragraph after having 
previously 
violated this 
section 
or 
more 
times 
commits a civil violation for which a fine of $600 must 
be adjudged, none of which may be suspended except as 
provided in subsection 2, paragraph Bj 
D. 
Present or offer to aBY g licensee, the licensee's agent 
or employee any written or oral evidence of age that is 
false, fraudulent or not actually the minor's own, for the 
purpose of: 
(1) 
O~dering, purchasing, 
attempting to purchase or 
otherwise 
procuring 
or 
attempting 
to 
procurer 
the 
serving of any liquor or imitation 
liquorf-~F. 
The 
following 
penalties 
apply 
to 
violations 
of 
this 
subparagraph. 
(a} 
A 
minor 
who 
violates 
this 
subparagraph 
commits a civil violation for which a fine of not 
less than 3!200 
and not more than 3!400 must be 
adjudged. 
(b} 
A minor who violates this subparagraph after 
having previously violated this section commits a 
civil violation for which a fine of not less than 
3!300 and not more than $600 must be adjudged, none 
of which must be suspended except as provided in 
subsection 2, paragraph B. 
(c} 
A minor who violates this subparagraph after 
having previously violated this section 2 or more 
times commits a civil violation for which a fine 
of $600 must be adjudged, 
none of which may be 
suspended 
except 
as 
provided 
in 
subsection 
2, 
paragraph Bj or 
(2) 
Gaining access to a licensed premise when minors 
are not allowedf. 
The 
following penalties apply to 
violations of this subparagraph. 
( a) 
A 
minor 
who 
violates 
this 
subparagraph 
commi ts a civil violation for which a fine of not 
less than 3!200 
and not more than $400 must be 
adjudged. 
(b} 
A minor who violates this subparagraph after 
having previously violated this section commits a 
civil violation for which a fine of not less than 
3!300 and not more than 3!600 must be adjudged, none 
of which must be suspended except as provided in 
subsection 2, paragraph B. 
(c) 
A minor who violates this subparagraph after 
having previously violated this section 2 or more 
times commits a civil violation for which a fine 
of $600 must be adjudged, 
none of which may be 
suspended except 
as 
provided 
in subsection 
2, 
paragraph B: 
D-l. 
Have in the minor's possession a false identification 
cardt. 
The following penalties apply to violations of this 
paragraph. 
(1) 
A minor who violates this paragraph commits 
a 
civil violation for which a fine of not less than $200 
and not more than $400 must be adjudged. 
(2) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
commits 
a 
civil 
violation for which a fine of not less than $300 and 
not more than $600 must be adjudged, none of which may 
be 
suspended 
except 
as 
provided 
in 
subsection 
2, 
paragraph B. 
(3) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
or 
more 
times 
commits a civil violation for which a fine of $600 must 
be adjudged, none of which may be suspended except as 
provided in subsection 2, paragraph Bj 
D-2. 
Sell, furnish or give a false identification card to a 
minort. 
The following penalties apply to violations of this 
paragraph. 
(1) 
A minor who violates this paragraph commits 
a 
civil violation for which a fine of not less than $200 
and not more than $400 must be adjudged. 
(2) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
commits 
a 
civil 
violation for which a fine of not less than $300 and 
not more than $600 must be adjudged, none of which may 
be 
suspended 
except 
as 
provided 
in 
subsection 
2, 
paragraph B. 
(3) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
or 
more 
times 
commits a civil violation for which a fine of $600 must 
be adjudged, none of which may be suspended except as 
provided in subsection 2, paragraph Bj 
Page l17-LR0526(1) 
ET--~~-~-~~~~--eF--~m~&a&~ea--~~-~~-~~e--miRer~S 
pesSeSSieR-eHeept+ 
+6}--~~~-Beme-4B-~~-~~&&~-ef-~~~~~~~-pareRtT 
le~al-~~~-ar-~~~--as-~~~-iR-~~~~~-66T 
seetiaR-4GG6f-ar 
E-l. 
Except as provided in subsection 5, have any liquor or 
imitation liquor in the minor's possession. 
The following 
penalties apply to violations of this paragraph. 
(1) 
A minor who violates this paragraph commits 
a 
civil violation for which a fine of not less than $200 
and not more than $400 must be adjudged. 
(2) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
commits 
a 
civil 
violation for which a fine of not less than $300 and 
not more than $600 must be adjudged, none of which may 
be 
suspended 
except 
as 
provided 
in 
subsection 
2, 
paragraph B. 
(3) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
or 
more 
times 
commits a civil violation for which a fine of $600 must 
be adjudged, none of which may be suspended except as 
provided in subsection 2, paragraph Bj or 
~T--~-4B--&h&-m4~~~--pessess~eR-~~-speeifieally 
eaRstrHeteaT-~~~~-~--maFketea--~r-~~-~~pe£e--af 
brewiR~-malt-li~Har-ar-fermeRtiR~-ar-makiR~-wiRe-eHeept+ 
+l}--±R-tBe-seape-af-the-miRar~s-emplaymeRtf-ar 
+6}--~~-&h&-miRar~S-~~-HRaeF-~~~~~b&~-af 
the-~~~~~-~~~--1e~a1-~~arG~aa-~--~~£~~~--as 
aefiRea-iR-~itle-62T-seetiaR-4GG2T 
F-l. 
Except 
as 
provided in subsection 5, 
have 
in the 
minor's 
possession 
equipment 
specifically 
constructed, 
manufactured or marketed for the purpose of brewing malt 
liquor 
or 
fermenting 
or 
making 
wine. 
The 
following 
penalties apply to violations of this paragraph. 
(1) 
A minor who violates this paragraph commits 
a 
civil violation for which a fine of not less than $200 
and not more than $400 must be adjudged. 
Page l18-LR0526(1) 
(2) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
commits 
a 
civil 
violation for which a fine of not less than $300 and 
not more than $600 must be adjudged, none of which may 
be 
suspended 
except 
as 
provided 
in 
subsection 
2, 
paragraph B. 
(3) 
A minor who violates this paragraph after having 
previously 
violated 
this 
section 
or 
more 
times 
commits a civil violation for which a fine of $600 must 
be adjudged, none of which may be suspended except as 
provided in subsection 2, paragraph B. 
2. 
Penalties. 
A-mJ~-~-~~la&es-~h~£-~~~~~~s-a 
eivi±-~~~~~-~r-wh~€h-~-EeFEei~aFe-~--&e-aQ~~Q~eQ-~-ae~ 
±ess-~haa-$~QQ-~-~~~~~-~~-~-~~rs~~~~easer-ae~-±ess 
~aaa-$~QQ-~-~re-taaa-$~QQ-~~--~he-~aa-~~e£~€7-~~~-waiea 
may-ae-£~£~RQeQ7-~£~-~~~~-~~~~-Sr-aaa-$~99-EeF 
~ae-~~Q-~~~~~a&e&r-aeae-e~-~~~-&e-sas~eaaeaT 
eHee~~-~-~F-G-~kied-~R-~r-a<¥-aph--8..-
The following apply to the 
penalties imposed for violations of this section. 
A. 
When a person is adjudged to have committed a first 
offense under this section, 
the judge shall inform that 
person that the EeFEei~aFes fines for the 2nd and subsequent 
offenses are mandatory and cannot be suspendedT except as 
provided in paragraph 
B. 
Failure 
to 
inform 
the 
first 
offender that subsequent EeFEeitaFes ~ 
are mandatory is 
not a ground for suspension of any subsequent 
EeFEei~aFe 
fine. 
B. 
The judge, as an alternative to or in addition to the 
civil 
EeFEei~aFes ~ 
required by this subsection, 
may 
assign the minor to perform specified work for the benefit 
of the State, the municipality or other public entity or 
charitable institution. 
3. 
Minor can not be charged with more than one offense. 
We 
A minor may nQt be charged with more than one offense under this 
section in any given instance in which the same set of facts is 
involved. 
4. 
Illegal possession and illegal transportation. 
If a 
minor is charged with illegal possession under this section, the 
minor 
may 
not 'be 
charged with illegal transportation 
under 
section 2052. 
5. 
Exceptions. 
A minor is not in violation of subsection 
1, paragraph E-l or F-l if the minor possesses: 
A. 
Liguor or imi tation liguor or eguipment described in 
subsection 1, paragraph F-l in the scope of the minor' s 
employment; 
B. 
Liguor or imitation liguor in a home in the presence of 
the minor's parent. guardian or custodian, 
as defined in 
Title 22, section 4002; or 
c. 
Eguipment described in subsection L 
paragraph F-l in 
the minor's own home under the supervision of the minor's 
parent, 
guardian or custodian, 
as 
defined in Title 
27, 
section 4u02. 
Sec. Q-S. 28-A MRSA §20S2, as amended by PL 1997, c. 373, 
§§148 and 149, is further amended to read: 
§2052. Illegal transportation by minors 
IT--~--maY-~-~£aB6pe£~--~-r-e.eep~ieBT--~--as 
FFeyieee--~-~~~-Ar-~-~~--ffiay-~~~-~~~~~--eF 
kBewiB~±y-pe£~~-~~~-~Fan&~F&ed-aBy-~~~~e£-~~~~~F-yeaie±e 
~BeeF-ais-eeBtFe±T 
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tFaBsFeFtee--1n-~-~~--VeR~€~e--i~--1n-~~-~-e~--tae 
ffiiBeF~s-effiF~eyffieBt7-~-~-~~~~~~-~h&-mineF~&-FaFeBtr 
±e~a±-~~aFeiaB-e£-~~~~~~~-~~~~-~-~1~~-~~r-seetieB 
4GG6T 
I-A. 
Minor may not transport liquor. 
Except as provided in 
subsection l-B, a minor may not knowingly transport or knowingly 
permi t 
to be transported liguor in a motor vehicle under the 
minor's control. 
The following penalties apply to violations of 
this subsection. 
A. 
A minor who violates this subsection commits 
a civil 
-,-v...,i",o,-=,l,->a,..,t",l.",," o""n~~f~o",-r=---,w,,-,h~l.~" c>=oh,--,a""---,f"-,l.,,,," n,..e"'--'o"-'f"--.... n"'o"'-t><--...!.m"-'o"-"r e 
th an $ 500 may be 
adjudged. 
B. 
A minor 
who 
violates 
this 
subsection after having 
previously violated this section commits a civil violation 
for which a fine of not less than $200 and not more than 
$500 must be adjudged, none of which may be suspended. 
C. 
A minor 
who 
violates 
this 
subsection after having 
previously violated this section 2 or more times commits a 
civil violation for which a fine of not less than $400 and 
not more than $500 must be adjudged. none of which may be 
suspended. 
Page l20-LR0526(1) 
I-B. 
Permitted 
transportation. 
A 
minor 
may 
transport 
liquor or permit liquor to be transported in a motor vehicle if 
in the scope of the minor's employment or at the request of the 
minor' s parent, guardian or custodian, as defined in Title 22 , 
section 4002. 
2. 
No conviction if liquor not within minor's section. 
We 
A minor may not be found in violation of any offense under this 
section if liquor is found outside the passeR~eF passenger's or 
driver's section of a motor vehicle under the minor's control, 
unless the minor has actual knowledge of the presence of the 
liquor. 
The trunk or locked glove compartment of any vehicle may 
not be construed under this section to be within the 
passeR~eF 
passenger's or driver's section of the motor vehicle. 
3Y--V~~a~ieBY--A£y-~~--w~-viela~e~-~~~~~~-eemmi~s 
a-~~¥~~-~~~~-~F-whieh-~-~~~it~r~-may-Be-~~~~-Re~ 
me Fe - -t.lla£- -$-&0-0-.- - -A - teFt ei~\ue-.ffiU&t- -be- -aGj\'\~eG - ef-~ 
-l€,-s-s- - ~:aaR 
$aQQ--~-a--aaG-~~~-aRa--&&~-~~-~haR-~-fe~--a--~~-eF 
s\'\ase~\'\eRt-effeRseT-ReRe-ef-whieh-may-ae-s~speRaeaT 
4. 
Minor 
can 
not 
be 
charged 
with 
both 
illegal 
transportation and illegal possession. 
A minor 
charged with 
illegal transportation under this section may not be charged with 
illegal possession under section 2051. 
A minor who possesses or 
consumes 
liquor in a 
motor vehicle under the terms of this 
section must be charged under this section, rather than under 
section 2051. 
This subsection does not preclude charges under 
Title 
15, 
section 
3103, 
subsection 
1, 
paragraph 
F, 
when 
appropriate. 
Sec. Q-6. 28-A MRSA §2075, as amended by PL 1997, c. 373, 
§155, is further amended to read: 
§2075. Importation and transportation of spirits 
ly---Qaly--~e--ee .. 
issieB--may--impe£~--spi£i~sf--eKeep~ieBy 
gHeep~-~-~e¥~QeQ--~a-~~~-see~ieRT-~-pe~fie£-~~heF-~~-~he 
a±eehe±-a~Fea~-may-impeF~-6piri~s-iR~e-~ae-S~a~eT 
AT---Aa--~~~~-~-~FaR~peF~--ia~e-~-~~~-a£Q--may 
~FaRspeFt-~~~~~-te-~~~~it~~-~ae-~a-t.~~~~it~-feF 
tae-iRaivia~al~~-~fie£a~-~-Hr~~~~~~-&&~-~Fea~eF-taaR 
~4 
4-~~aF~sT 
I-A. 
Only alcohol bureau may import spirits. 
Except as 
provided in subsection l-B, 
a 
person other than the alcohol 
bureau may not import spirits into the State. 
A. 
A person who illegally imports or causes to be shipped 
into the State spirits in a quantity of less than 10 gallons 
commits a civil violation for which a fine of not more than 
$SOO must be adjudged. 
B. 
A person who illegally imports or causes to be shipped 
into the State spirits in a quantity of 10 or more gallons 
commits a Class E crime, which is a strict liability crime 
as defined in Title 17-A, section 34, subEection 4-A. 
I B. 
Permitted importation. 
An 
individual may transport 
into the State and may transport from place to place within the 
State spirits for the individual's personal use in a quantity not 
greater than 4 quarts. 
2. 
Transportation of spirits within State. 
Ne A person may 
not transport or cause to be transported any spirits within the 
State in a quantity greater than 4 quarts unless the spirits were 
purchased from a state or agency liquor store. 
2-A. 
Evidence. 
The 
spirits in 
one 
or 
more 
accordance with Title 32, 
possession of more than 8 quarts of 
containers 
that are 
not 
labeled in 
section l86S T 
is prima facie evidence 
of a violation of this section. 
3. 
Importation and transportation of spirits for special 
purposes. 
The bureau may, in writing, permit and authorize the 
importation of spirits into the State and the transportation of 
spirits from place to place within the State to the following 
destinations for the specified purposes: 
A. 
To industrial establishments for use as an ingredient in 
the 
manufacture 
of 
food 
products, 
or 
for 
use 
as 
an 
ingredient in the manufacture of commodities that by reason 
of their nature can not be used for beverage purposes, or 
for use in the manufacture of commodities unfit for beverage 
purposes; 
B. 
To licensed distillers and manufacturers of spirits in 
the 
State 
for 
use 
as 
an 
ingredient 
in distilling or 
manufacturing spirits and other spirituous products that are 
authorized by 27 Code of Federal Regulations; and 
C. 
To 
churches 
or 
to 
the 
pastor 
of 
any 
church 
for 
sacramental purposes or similar religious rites. 
4T--PeBa~~ieST--A-~~~-i±±e~a±±y-~~~~-~-~a-±g 
~a±±eBs-~-~~-it~~F-€a~6e6-~~~~-1g-~a~~e~~-~--&~~F~~&-Ee 
Be-~£~~-~~-~~-S~a~e-~~~~-ei¥i±-¥Je~a~Je~-~~-~~-a 
SO 
EeFEeiE~Fe-~--Ee-~-$agg-~--Be-~~---A-~~-wbe 
Page l22-LROS26(1) 
ille§allY-~~~~--~-~F-ffie£e-~~~~~-s~iFi~s-e~-~-~-e£ 
ffieFe-~~~~~-s~iFi~s-~~~-SR4FFeQ-~~~-~he-~a~~~it~-a 
Glass-i:-e£iffieT 
5. 
Forfeiture of spirits. 
Notwithstanding section 222l-A, 
if a 
person fails to appear in court on the date and time 
specified in response to a Uniform Summons and Complaint issued 
for a violation of this section, either in person or by counsel, 
the court shall order the spirits imported or transported in 
excess of that allowed by subsection l I-A or 2 to be forfeited 
to the State. 
As 
part of every adjudication and forfeiture 
imposed under this section the court shall order the spirits 
imported or transported in excess of that allowed by subsection l 
I-A or 2 to be forfeited to the State. 
Spirits forfeited under 
this subsection must be disposed of as prescribed in section 2229. 
Sec. Q-7. 28-A MRSA §2077, as amended by PL 1993, c. 730, 
§§49 and 50, is further amended to read: 
§2077. Importation and transportation of malt liquor and wine 
~T---~~&a~i&a-~-~~--~i~9£--9~-~~-~~~-S~a~eT---Ne 
~eFse8-e~he£-~ha£-~~1~1~-~~r~~~-&~W&~?-lieea&ee-e£ 
EaFffi-~in&r1r-liee8see-~-~~aR£Fe~~-~~-~~~~-~-~-tFa8s~eFteQ 
ffialt-~~~~~-~-~~a&-i8~e-~h€-~~~-~&-a-~~aR~~~y-~~~--~&-~ 
§alle8s--~-ma~~--~i~Qe£-~--4-~aa~&&-~~--wi8eT-~~-~~--was 
le§ally-~a£eRaSeQ-i8-tRe-StateT 
AT--~~~-~~~-e£-~~-~~~--e£-~~-~~~~~-e£ 
eaaseQ--te--ae--~£a8s~e£teQ--ay--wRelesale--liee8seesT--sffiall 
a£ewe£y--1i~-eF-~~~-wi8eFy-~~~-i8te-~~-State 
ffias~-~~pa&~-ey-~-iaveieer-~R€~~4~~-~~-wRelesale 
liee8see~ST--~~~--~~y---liee8see~s--~~--~~~--wi8eFy 
liee8see~s-Raffie-a8Q-~aFeRase-8affiae£T 
I-A. 
Importation of malt liguor or wine into State. 
A 
person other than a wholesale licensee, small brewery licensee or 
farm winery licensee may not transport or cause to be transported 
malt liquor or wine into the State in a quantity greater than 3 
gallons for malt liquor or 4 quarts for wine, unless it was 
legally purchased in the State. 
The following penalties apply to 
violations of this subsection. 
A. 
A person who illegally transports into the State wine or 
malt liquor in a quantity of less than 10 gallons commits a 
civil violation for which a fine of not more than $500 must 
be adjudged. 
B. 
A person who illegally transports into the State wine or 
malt liquor in a quantity of 10 or more gallons commits a 
Class E crime, which is a strict liability crime as defined 
in Title l7-A, section 34, subsection 4-A. 
1-B. 
Invoice required. 
Each shipment of malt liquor or 
wine transported or caused to be transported by 
a 
wholesale 
licensee, small brewery licensee or farm winery licensee into the 
State must 
be 
accompanied 
by 
an 
invoice 
that 
includes 
the 
wholesale licensee's, 
small brewery licensee's or farm winery 
licensee's name and purchase number. 
2. 
Transportation of ma1t 1iquor and wine within State. 
~e 
A person other than a licensee may not transport malt liquor, in 
a quantity greater than 3 gallons, or wine, in a quantity greater 
than 4 quarts, wi thin the State unles sit was purchased from an 
off-premise retail licensee. 
A. 
A person who illegally transports within the State wine 
or malt liquor in a quantity of less than 10 gallons commits 
a civil violation for which a fine of not more than $SOO 
must be adjudged. 
B. 
A person who illegally transports within the State wine 
or malt liquor in a quantity of 10 or more gallons commits a 
Class E crime, which is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A. 
2-A. 
Evidence. 
The possession of more than 6 gallons of 
malt liquor or 8 quarts of wine in one or more containers that 
are not labeled in accordance with Title 32, section 186S T 
is 
prima facie evidence of a violation of this section. 
3. 
For-hire carriers and contract carriers may import and 
transport within State. 
For-hire carriers and contract carriers, 
authorized by the Department of Public Safety, may transport malt 
liquor or 
wine 
into 
and within the State to 
licensees, 
to 
purchasers of malt liquor or wine from licensees and to the state 
line for transportation outside the State. 
4y---PeBa~~iesY--~-~~-WRe--~~~~~y-~~~~~--±ess 
tRaH-~~~~~-ef-~~~r-±ess-~~-~-~a±±eHs-~-~~-±i~aet 
iHte-~--w~~~~-tRe-~~~-eemmit&-~-~~~~-vie±atieH-~~-~~-a 
EetEeitate-~-~~-e*eeea-$~~~-~--&&-aajHa~eaT--~~~-wRe 
i±±e~a±±y-~~~~~-*Q-~-~Fe-~~~-~~-w~~e-~--±Q-~--mete 
~a±±eHs-eE-ma~t-~J~~~-J~~~-~~~~~~~~~~~~-a-Gla&&-E 
8time ... 
5. 
Forfeiture of ma1t liquor or wine. 
Notwithstanding 
section 2221-A, if a person fails to appear in court on the date 
and time specified in response to a Uniform Summons and Complaint 
SO 
issued for a violation of this section, either in person or by 
counsel, the court shall order the malt liquor or wine imported 
or transported in excess of that allowed by subsection 1 l-A or 2 
to be forfeited to the State. 
As part of every adjudication and 
E9~Eei~~~e fine imposed under this sectionL 
the court shall order 
the malt liquor or wine imported or transported in excess of that 
allowed by subsection 1 I-A or 2 to be forfeited to the State . 
Malt liquor or wine forfeited under this subsection must be 
disposed of as prescribed in section 2229. 
Sec. Q-S. 2S-A MRSA §2077-B, sub-§2, as enacted by PL 1997, c. 
501, §6, is amended to read: 
2. 
Penalty. 
A person who violates this section is subject 
to penalties listed in section 2075, subsection -4- I-A. 
Sec. Q-9. 2S-A MRSA §20S1, as amended by PL 2001, c. 395, 
§§1 and 2, is further amended to read: 
§208l. 
Furnishinq or allowing consumption of liquor by certain 
persons prohibited 
1. 
Offense. 
Except as provided in subsection 2, 
B9 
g 
person may not knowingly: 
A. 
Procure, or in any way aid or 
furnish, give, sell or deliver liquor 
The 
following 
penalties 
apply 
to 
paragraph. 
assist in 
for or to 
violations 
procuring, 
a minort..!-
of 
this 
A person who violates this paragraph commits 
a 
Class D crime. 
(2) 
A person who violates this paragraph commits 
a 
Class D crime for which the fine may not be less than 
$500 and may not be suspended if the violation involves 
a minor who is less than 14 years of age. 
(3) 
A person who violates this paragraph after having 
been previously convicted of violating this paragraph 
or paragraph B within a 6 year period commits a Class D 
crime for which the fine may not be less than $500 and 
may not be suspended. 
(4) 
A person who violates this paragraph after having 
been previously convicted of violating this paragraph 
or paragraph B 2 or more times within a 6-year period 
commits a Class D crime for which the fine may not be 
less than $1,000 and may not be suspended. 
(5) 
A person who violates this paragraph commits 
a 
Class C crime if the consumption of liguor by the minor 
in fact causes serious bodily injury to or death of the 
minor or any other individual. 
For purposes of this 
subsection, 
"serious 
bodily 
injury" 
has 
the 
same 
meaning as set out in Title 17-A, section 2, subsection 
23: 
B. 
Allow a&y £ minor under that person's controlT or in aBY 
£ place under that person's controlT to possess or consume 
liquorr. 
The 
following penalties apply to violations cf 
this paragraph. 
A person who violates this paragraph commits a 
Class D crime. 
(2) 
A person who violates this paragraph commits 
a 
Class D crime for which the fine may not be less than 
$500 and may not be suspended if the violation involves 
a minor who is less than 14 years of age. 
(3) 
A person who violates this paragraph after having 
been previously convicted of violating this paragraph 
or paragraph A within a 6-year period commits a Class D 
crime for which the fine may not be less than $500 and 
may not be suspended. 
(4) 
A person who violates this paragraph after having 
been previously convicted of violating this paragraph 
or paragraph A 2 or more times within a 6-year period 
commits a Class D crime for which the fine may not be 
less than $1,000 and may not be suspended. 
(5) 
A person who violates this paragraph commits 
a 
Class C crime if the consumption of liguor by the minor 
in fact causes serious bodily injury to or death of the 
minor or any other individual. 
For purposes of this 
subsection, 
"serious 
bodily 
injury" 
has 
the 
same 
meaning as set out in Title 17-A, section 2, subEection 
23; 
C. 
Procure, or in any way aid or assist in procuring, 
furnish, 
give, 
sell 
or 
deliver 
liquor 
to 
a 
visibly 
intoxicated person. 
Violation of this paragraph is a Class 
E crime, except notwithstanding Title 17 -A, section 1301, 
the fine may not be more than $500; or 
D. 
Procure, 
give, sell or 
allow a minor 
or in any way assist in procuring, furnish, 
deliver imitation liquor for or to a minor, or 
under that person's control or in a place 
under that person's control to possess or consume imitation 
liquor. 
Violation of this paragraph is a Class 
except notwithstanding Title 17 -A, section 1301. 
may not be more than $500. 
E crime, 
the fine 
2. 
Exceptions. 
This section does not apply to a person who 
serves liquor or imitation liquor to a minor in a home in the 
presence of the minor's parent, le'3'al guardian or custodian, as 
defined in Title 22, section 4002. 
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e~-~-~-t~~-a-~~-p&rie4r-~ae-~iBe-may-~-~-~-~aaa-$§ggT 
waiea-peBaJ.~y-.may--no-t-~-&~spe-a4e4 ... --IB-"'-Re--€-as-e--o-t--a--pe-rSGa-wRe 
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peFieaT-~Re-~iRe-.may--no-t-~-~~~~~r~~-p&aa~~y-maY-Be~ 
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s~Bsee~ieB-~--paFa'3'Fapa-~~r-~-1a~~v-1~-a-~~~-le66-~~-14 
yeaFs-elaT 
4. 
Application. 
This section does not apply to licensees 
or agents of licensees in the scope of their employment. 
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paFa'3'Fapa-~~~-g-~-t~-a--Gla6s-~~~~-i~--t~~~~-ef 
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6e~-e~~-iB-~i~le-l+-AT-see~ieB-6T-6~B6ee~ieB-66T 
PARTR 
Sec. R-I. 29-A MRSA §254, as enacted by PL 1993, c. 683, Pt. 
A, §2 and affected by Pt. B, §5, is amended to read: 
§254. 
Rented vehicles; records 
1. 
Owner of vehicle to keep record. 
A person engaged in 
the business of renting motor vehicles with or without a driver, 
other than as a transaction involving the sale of the vehicle, 
shall maintain a record of the identity of the person to whom the 
vehicle is rented, including a record of the driver's license of 
the person to whom the vehicle is rented and the exact time the 
vehicle is subject to that rental or in the person's possession. 
A person who violates this subsection commits a Class E crime. 
Violation of this subsection is 
a 
strict liability crime as 
defined in Title 17-A, section 34, subsection 4-A. 
2. 
Records open to inspection. 
Reee~a6-~t,.-p-l;l-l"-G-uant--1:e 
SQbSeeEieB--b-~-~-epen--Ee A person required to maintain 
records pursuant to subsection 1 shall allow inspection of those 
records by any law enforcement officer. 
A person who violates 
this subsection commits 
a 
Class 
E crime. 
Violation of thjs 
subsection is a strict liability crime as defined in Title 17-A, 
section 34, subsection 4-A. 
J~--~~~eDse~--~-~~-eeffiffiiEs-~-~~~-E-~~~-~~--EsaE 
pe ~ S e B - .f a-i.J. £- -t-o- -ma-.int -a-in-r -pe-s-~s-s- - e ~ - pe·nll-i -t - -an- -.i-nspe<l-t.-1o-n- ~ 
f. - ESe 
~eee~a-~e~Qi~ea-by-sQbseeEieB-IT 
4. 
Form. 
If the Secretary of State prescribes a form for 
the keeping of the record required in subsection 1, the owner 
ffiQSE 
shall use that form. 
The 
form must be carried in the 
vehicle during the period of lease or hire. 
Sec. R-2. 29-A MRSA §452, sub-§3, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
3. 
Proper display. 
Registration plates must 
always 
be 
properly displayed. 
~se-pl-at~--iB-e-booiaq.--the-~--&r-JeEEe~s 
aBa-we~asT-ffiQsE-aJways-be-plaiBly-visible-aBa-le~ibleT 
Sec. R-3. 29-A MRSA §452, sub-§4 is enacted to read: 
4. 
Plainly visible 
and 
legible. 
Registration 
plates, 
including the numbers, letters and words, must always be plainly 
visible and legible. 
Sec. R-4. 29-A MRSA §462, sub-§lO, as enacted by PL 1993, c. 
683, Pte A, 
§2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
10. 
Prohibition. 
A person issued temporary registration 
plates may not: 
A. 
Attach a plate to a vehicle that the person did n~ 
sell, lease or transfer; or 
B. 
Provide the plates to another person other than by 
attachment to a vehicle as authorized by this section. 
A person who violates this subsection commits a civil violation. 
Sec. R-5. 29-A MRSA §462, sub-§ll is enacted to read: 
11. Records. 
A person issued temporary registration plates 
by the Secretary of State shall maintain a written record of the 
use or disposal of every plate. 
The record must be available for 
inspection by the Secretary of State at the person's place of 
business. 
A person who violates this subsection commits a civil 
violation. 
Sec. R-6. 29-A MRSA §505, sub-§5, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
5. 
Violation. 
A person tFaaaaleB~ly-eB~aiRiR~-~--~&~~-a 
taFm-~~~--F~i&~Fa~i9B-~~--a-~~~~~~r-~haR-~~-~-BY 
~hi:&-6ee~i9B commits a traffic infraction with a penalty of not 
less than $100 nor more than $500T if that person: 
A. 
Fraudulently obtains a farm truck registration: or 
B. 
Uses a farm truck registration for a purpose other than 
authorized by this section. 
Sec. R-7. 29-A MRSA §525, sub-§9, as enacted by PL 1993, c. 
683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
9. 
Violation. 
The following penalties apply to violations 
of this section. 
A. 
Except as provided in paragraph Bt a person who violates 
this section commits a Class E crime. 
B. 
A person who 
displays 
or 
causes 
or 
permits 
to 
be 
displayed a 
false decal or permit or a 
decal or permit 
issued to another person commits a Class D crime. 
An 
owner or operator stopped for violating this section and 
against whom enforcement action has been taken does not commit a 
subsequent violation of this section involving the same vehicle 
until after the close of business on the next business day 
following the date of the violation. 
The court shall impose a fine of at least $250, which may not be 
suspended. 
Violation of this section is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A. 
Sec. R-8. 29-A MRSA §532, sub-§9, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pte B, §5, is repealed and the 
following enacted in its place: 
9. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
Notwithstanding any other provisions of this Title, a 
person 
who 
fails 
to 
comply 
with 
the 
registration 
requirements of the plan commits a traffic infraction. 
The 
minimum fine for this violation is $500. 
The Secretary of 
State shall notify the registrant's base jurisdiction of the 
violation. 
B. 
A person who 
presents altered credentials commits 
a 
Class E crime. 
Violation of this paragraph is a strict 
liability crime 
as 
defined in Title 
17-A, 
section 
34, 
subsection 4-A. 
Sec. R-9. 29-A MRSA §558, sub-§I, as repealed and replaced by 
PL 1995, c. 625, Pt. A, §32, is repealed. 
Sec. R-I0. 29-A MRSA §558, sub-§I-B is enacted to read: 
I-B. 
Violation. 
The 
following 
penalties 
apply 
to 
violations of this subchapter. 
A. 
Except as provided in paragraph C, a person who violates 
this 
subchapter 
or 
a 
rule 
adopted 
pursuant 
to 
this 
subchapter 
commits 
a 
Class 
E 
crime, 
which is 
a 
strict 
liability crime 
as 
defined 
in Title 
17-A, 
section 
34, 
subsection 4-A. 
B. 
Except 
as 
provided 
in 
paragraph 
C, 
a 
person 
who 
knowingly permits a violation of this subchapter or a rule 
adopted pursuant to this subchapter commits a Class E crime. 
C. 
A person commits a Class C crime if: 
(1) 
The person acts knowingly or intentionally; 
( 2 } 
The 
viQlation in fgct 
causes either death or 
~erious bogily 
injyry, 
as 
defined 
in 
Title 
17-A, 
~ectiQn 2, 
to 
a 
person 
who~e heglth 
Qr 
safety is 
protected !;!y tbe provi~iQn viQlgteg, gng 
(3) 
The death Qr injury is a 
regsona!;!ly foreseeable 
cQnsequence Qf the violation. 
Sec. R-ll. 29-A MRSA §1002, sub-§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Limitations on use. 
A person using a dealer plate may 
not 
operate 
eF--peFmit--te--ae--eperatea 
a 
vehicle 
owned 
or 
controlled by a manufacturer or dealer except for: 
A. 
Purposes directly connected with the business of buying, 
selling, 
testing, 
adjusting, 
serv1c1ng, 
demonstrating 
or 
exchanging the vehicle, including use of that vehicle by a 
full-time employee to attend schools and seminars designed 
to 
assist 
the 
employee 
in 
the 
testing, 
adjusting 
or 
servicing of vehicles; 
B. 
Personal use by a manufacturer or dealer. 
There may be 
no more than one dealer plate for the personal use of the 
manufacturer or dealer and one dealer plate for the personal 
use of the immediate family of the dealer; 
C. 
Use of the vehicle in a funeral or public parade when no 
charge is made for that use; 
D. 
Use 
by 
a 
full-time 
sales 
representative, 
general 
manager, 
sales manager or service manager who is on the 
dealer's payroll but not in the dealer's immediate family or 
members of that person's household; 
E. 
Use by customers for not more than 7 days to demonstrate 
the vehicle; or 
F. 
Use by the manufacturer or dealer when 
weight of the vehicle and the load does not 
pounds unless the vehicle, by design, exceeds 
without a load. 
the combined 
exceed 10,000 
10,000 pounds 
Sec. R-12. 29-A MRSA §1002, sub-§l-A is enacted to read: 
I-A. 
Limitation on use. 
A person using a dealer plate may 
not permit a vehicle owned or controlled by a manufacturer or 
dealer to be operated except for the purposes authorized under 
subse.ction 1. 
Sec. R-13. 29-A MRSA §1002, sub-§3, as ~nacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §S, is amended to read: 
3. 
Penalty. 
A violation of subsection 1 or subsection I-A 
is a traffic infraction for which a minimum penalty of $200 must 
be 
adjudged 
for 
each 
infraction. 
That 
penalty 
may 
not 
be 
suspended. 
Sec. R-14. 29-A MRSA §1002, sub-§10, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
10. 
Loss of dealer plate. 
Upon the loss of a dealer plate, 
the dealer immediately shall notify the Secretary of State. 
If-a 
aea±eF-~~~~~~&-a~~heFiBa~ieB-~~~-~-SeeFe~aFy-~-~~~r-a 
aea±eF-ffiay-~~-~empeFaFY-BwmaeF-~~~~-~-~h&-Fe~i6~Fa~ieB 
B~maeF-i66~ea-~e-~ha~-aea±eFT 
Sec. R-15. 29-A MRSA §1002, sub-§ll is enacted to read: 
11. 
Temporary 
dealer plate. 
If 
a 
dealer 
has 
written 
authorization from the Secretary of State, a dealer may use a 
temporary number plate bearing the registration number issued to 
that dealer. 
Sec. R-16. 29-A MRSA §1004, as enacted by PL 1993, 
Pt. 
A, 
§2 
and affected by Pt. 
B, 
§5, 
is repealed 
following enacted in its place: 
§1004. 
Transit placard 
c. 683, 
and the 
1. 
Issuance of transit placard. 
The Secretary of State may 
issue a transit placard upon application by any person involved 
in the business of importing new motor vehicles. 
The transit 
placard is to be used to facilitate the movement over the highway 
of the motor vehicles from the port of entry to a storage yard 
within a 10-mile radius of the port. 
2. 
Required use of transit placard. 
A transit placard must 
be displayed in or on any unregistered motor vehicle that is 
being operated or towed from the port to a storage yard. 
3. 
Prohibited use of transit placard. 
A transit placard 
may not be used: 
A. 
On a towing vehicle; or 
B. 
For any purpose other than that permitted under this 
section. 
4. 
E;amiration. 
Transit placards expire at the end of the 
month one year from the month of issue. 
5. 
Fee. 
The fee for a transit license is $100 annually and 
the fee for each placard is $10. 
Government and guasi-government 
agencies may not be assessed a fee. 
Sec. R-17. 29-A MRSA §1251, sub-§l, as amended by PL 2001, c. 
687, §13, is repealed and the following enacted in its place: 
Page l32-LR0526(l) 
1. 
Violation. 
Except 
as 
provided 
in 
section 
510, 
subsection 1, a person commits an offense of operating a motor 
vehicle without a licenSe if that person operates a motor vehicle 
on a public way Qr parking area; 
A. 
Without being licensed. 
Violation of this paragraph is 
a 
Class 
E crime, 
which is a 
strict liability crime as 
defined in Title 17-A, section 34, subsection 4-Ai 
B. 
In violation of 
a 
condition or restriction on 
the 
license. 
For a resident, the license must be issued by this 
State. 
Violation of this paragraph is a 
Class E crime, 
which is a strict liability crime as defined in Title l7-A, 
section 34, SUbsection 4-Ai or 
C. 
With a license issued by this State that expired within 
the previous 
days. 
Violation of this paragraph is a 
traffic infraction. 
Sec. R-18. 29-A MRSA §1251, sub-§2, as amended by PL 1995, c. 
584, Pt. B, §6, is repealed. 
Sec. R-19. 29-A MRSA §1903, as enacted by PL 1993, 
Pt. 
A, 
§2 
and affected by Pt. 
B, 
§5, 
is repealed 
following enacted in its place: 
c. 683, 
and 
the 
S1903. 
Adequate signaling device: use 
1. 
Signaling device required. 
A person may not operate a 
motor vehicle without 
a 
suitable and adequate horn or other 
device for signaling. 
2. 
Unnecessarily sounded. 
A person may not unnecessarily 
sound a signaling device or horn. 
Sec. R-20. 29-A MRSA §1904, sub-§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
1. 
General rules: headlights. 
A person may not operate a 
motor vehicle that does 
not meet 
the 
following 
requirements 
concerning headlights. 
A. 
A motor vehicle must be equipped with headlights. 
B. 
Headlights must be of sufficient power and so adjusted 
and operated as to enable the operator to proceed with 
safety under all ordinary conditions of highway and weather. 
Page l33-LR0526(1) 
Sec. R-21. 29-A MRSA §1904, sub-§4, as enacted by PL 1993, c. 
683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
4. 
Humber 
of 
headlights. 
The 
following 
rules 
apply 
regarding the mounting of headlights. 
A. 
A motor vehicle must have mounted on the front at least 
headlights, one on each side. 
B. 
A motorcycle or motor driven cycle must have one mounted 
headlight. 
Sec. R-22. 29-A MRSA §1906, as enacted by PL 1993, 
Pt. 
A, 
§2 
and affected by Pt. 
B, 
§5, 
is repealed 
following enacted in its place: 
c. 683, 
and the 
§1906. 
Clearance lights 
1. 
Requirements for vehicle 7 feet or more in width. 
A 
vehicle 7 feet or more in width must have a green or amber light 
attached to the extreme left of the front, adjusted to indicate 
the extreme left lateral extension of the vehicle or load and at 
least one red light on the extreme left lateral extension of the 
vehicle or load on the rear. 
2. 
Requirements for closed body vehicle 8 feet or more in 
height. 
A vehicle with a closed body 8 feet or more in height 
must display 2 green or amber lights attached to the extreme left 
of the front of its body, one at the top and the other at the 
bottom. 
The vehicle must also display at least one red light on 
the extreme upper left lateral extension of its body. 
3. 
Visibility. 
Body width lights and height lights must be 
visible not less than 200 feet in the direction towards which the 
vehicle is proceeding or facing. 
4. 
Reflector alternative. 
In place of body width lights 
and height lights, a vehicle may be eguipped with an aCl.eguate 
reflector conforming as to color and location to the reguirements 
for the light. 
5. 
Application. 
This 
section 
does 
not 
apply 
to 
unregistered farm tractors. 
Sec. R-23. 29-A MRSA §1912, sub-§5, as enacted by PL 1993, c. 
683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
5. 
Exception; racing meets. 
Notwithstanding subsection 2, 
an owner or operator of a motor vehicle used occasionally in 
racing meets may obtain a permit from the Secretary of State for 
installing a cutout, bypass or similar device on the exhaust 
system of that motor vehicle pursuant to this subsection. 
A. 
The cutout, bypass or similar modification must be kept 
closed and inoperative while the vehicle is on a public way. 
B. 
The permit must be in the vehicle at all times while on 
a public way. 
C. 
The Secretary of State shall determine the eligibility 
of all applicants for a permit. 
D. 
The permit fee is $1 for the registration year. 
Sec. R-24. 29-A MRSA §1919, as enacted by PL 1993, 
Pt. 
A, 
§2 
and affected by Pt. 
B, 
§5, 
is repealed 
following enacted in its place: 
§1919. 
Studded tires 
c. 683, 
and the 
1. 
Prohibited May 1st to October 1st. 
Except as provided 
in subsections 2 and 3, from the first day of May to the first 
day of October, a person may not operate a vehicle with tires 
having metal studs, wires, spikes or other metal protruding from 
the tire tread. 
2. 
Extension 
of 
use 
period 
and 
issuance 
of 
permit. 
Extended use of studded tires may be permitted according to this 
subsection. 
A. 
A person may use studded tires for periods other than 
those specified in subsection 1, if the Commissioner of 
Transportation extends the use period or, in a special case, 
issues a permit covering stated periods of time for the use 
of studded tires. 
The fee for a permit may not be less than 
$3 and not more than $15, as determined by the commissioner. 
B. 
A person issued a permit under paragraph A must carry 
the permit in an easily accessible place in or about the 
vehicle. 
3. 
Application. 
Subsection 
does 
not 
apply 
to 
fire 
department vehicles or school buses during the months school is 
in regular session. 
Sec. R-25. 29-A MRSA §1952, sub-§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Carry flares. 
-A- Except as provided in subsection I-A, 
g truck or truck tractor with a registration for operation with 
gross vehicle weight in excess of 10,000 pounds must be equipped 
with 2 red flags, 3 flares and 3 red lanterns or red emergency 
ref lector s . 
A- .... eai€J.e--t..£-ans-ptH"-t.-i~-i-nf..J.-ammabJ-e--1-1qu-.id&--G-l'-~a&-iR 
sQlk-maY-Ret-eaFFy-{laFesT 
Sec. R-26. 29-A MRSA §1952, sub-§l-A is enacted to read: 
I-A. 
Flares prohibited. 
A vehicle transporting inflammable 
liquids or gas in bulk may not carry flares. 
Sec. R-27. 29-A MRSA §2051, sub-§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Single lane. 
A vehicle must be operated as nearly as 
practical entirely within a single lane. 
A-~1e--may--no-t--se 
meyee-~.£~~-laRe-~B-t.-i~-~~~~l'-a~l'--aa6-~-i~~~l'-t~~-taat 
~ae-meyemeR~-eaR-Be-maee-wi~a-sa~e~yT 
Sec. R-28. 29-A MRSA §2051, sub-§l-A is enacted to read: 
I-A. 
MOvement from lane. 
A vehicle may not be moved from a 
lane until the operator has first ascertained that the movement 
can be made with safety. 
Sec. R-29. 29-A MRSA §2052, sub-§3, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
3. 
Crossing. 
An operator may not drive a vehicle over, 
across or wi thin a divider, or an opening or crossover of a 
divider. 
AR--epe£a~e.£--may--~-~~--~--l'-e&~l'-ie~ieR&--eR 
e{{ieial-si~R6-at-aR-epeRiR~-eF-eFesse .... eF-e{-a-eiyieeFT 
Sec. R-30. 29-A MRSA §2052, sub-§3-A is enacted to read: 
3-A. 
Divider 
sign restrictions. 
An 
operator 
may 
not 
disobey the restrictions on official signs at an opening or 
crossover of a divider. 
Sec. R-31. 29-A MRSA §2052, sub-§5, as amended by PL 2001, c. 
360, §4, is repealed and the following enacted in its place: 
5. 
Limiting use. 
The Department of Transportation or a 
municipality, 
with 
respect 
to 
a 
way 
under 
that authority's 
jurisdiction, may prohibit the use of a way by: 
Page l36-LR0526(1) 
A. 
Pedestrians; or 
B. 
Bicycles 
or 
other 
nonmotorized 
traffic, 
scooters, 
motorized bicycles or tricycles, or motor-driven cycles. 
Sec. R-32. 29-A MRSA §2052, sub-§5-A is enacted to read: 
5-A. 
Limiting use sign restrictions. 
On limiting the use 
of a way, the authority shall erect and maintain official signs 
stating 
the 
prohibition. 
A 
person 
may 
not 
disobey 
the 
restrictions stated on those signs. 
Sec. R-33. 29-A MRSA §2053, sub-§6, as amended by PL 1999, c. 
183, §8, is repealed and the following enacted in its place: 
6. 
Traffic circles or rotary intersections. 
The operator 
of a vehicle: 
A. 
Approaching 
a 
traffic circle or rotary intersection 
shall yield the right-Of-way to a vehicle already within the 
traffic 
circle 
or 
rotary 
intersection 
unless 
otherwise 
regulated by a law enforcement officer or by traffic control 
devices; 
B. 
Entering and passing around a rotary or traffic circle 
may drive only to the right of the rotary or traffic circle 
and 
shall yield the 
right-of-way 
to 
a 
vehicle 
on 
the 
operator's left; and 
C. 
May not drive on or across the center part of a rotary 
or traffic circle, except that the wheels of a semi trailer 
or trailer may cross the center part as long as the wheels 
of the towing vehicle do not cross the center part. 
Sec. R-34. 29-A MRSA §2055, sub-§3, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
3. 
Frightened animals. 
When a person riding, driving or 
leading an 
animal 
that appears 
to 
be 
frightened signals 
by 
putting 
up 
a 
hand 
or 
by 
other 
visible 
sign, 
an 
operator 
approaching from the opposite direction must stop as soon as 
possible 
and 
remain 
stationary 
as 
long 
as 
necessary 
and 
reasonable to allow the animal to pass. 
WheB--t-r-av-e-:l-ii'.l~--.in--t;B.e 
same--eiFee&ieBr--&h&-~Fat~r-~--~-~ea£~~~€--€a~t;ieB--iB 
~assiB~-aB-aBima!T 
Sec. R-35. 29-A MRSA §2055, sub-§3-A is enacted to read: 
3-A. 
Passing animals. 
When traveling in the same direction 
as an animal on a way, an operator must use reasonable caution in 
passing the animal. 
Sec. R-36. 29-A MRSA §2057, sub-§l, tC, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
C. 
A red light, if steady and circular, ['leans: 
(1) 
The operator must stop and remain stationary unt~l 
an indication to proceed is shown; or 
(2) 
The operator may cautiously enter the intersection 
to make a right turn after stopping if: 
(al 
Not prohibited by an appropriate sign such as 
"NO RIGHT TURN ON RED"; and 
(b) 
The 
operator executing 
a 
turn yields 
the 
right-of-way to pedestrians on a crosswalk and to 
a 
vehicle 
having 
a 
green 
signal 
at 
the 
intersection. 
Sec. R-37. 29-A MRSA §2057, sub-§l, ttC-! and C-2 are enacted 
to read: 
C-l. 
A red light, if a steady arrow, means the operator may 
not enter the intersection to make the movement indicated by 
that arrow. 
C-2. 
A red light, if showing rapid intermittent flashes, 
means the operator must stop and then proceed as if at a 
stop sign. 
Sec. R-38. 29-A MRSA §2058, sub-§5, as enacted by PL 1993, c. 
683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
5. 
Yield. 
The Department of Transportation or municipal 
officers may erect standard signs requiring operators to yield 
the right-of-way at certain intersections. 
A. 
Yield signs may be designated where it is expedient to 
allow traffic to move through or into the intersection at a 
reasonable 
speed for existing conditions of traffic and 
visibility, 
yielding 
the 
right-of-way 
to 
vehicles 
or 
pedestrians 
approaching 
from 
either 
direction 
on 
the 
intersecting street. 
B. 
A vehicle approaching on a through way so as to arrive 
at an intersection at approximately the same instant as a 
vehicle approaching on another way has the right-of-way. 
Sec. R·39. 29·A MRSA §2060, last" as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is repealed. 
Sec. R·40. 29·A MRSA §2060, sub·§4 is enacted to read: 
4. 
Markers, 
buttons or signs for different course. 
A 
municipality may cause markers, buttons or signs to be placed 
within or adjacent to 
an intersection 
regu~r~ng a 
different 
course to be traveled by a vehicle turning at an intersection. 
When markers, buttons or signs are so placed, an operator shall 
obey them. 
Sec. R·41. 29·A MRSA §2062, sub·§4, as enac ted by PL 1993, c. 
683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
4. 
Lane 
use; 
motorcycles 
and 
mopeds. 
Lane 
use 
by 
motorcycles and mopeds is restricted as follows. 
A. 
An operator of a motorcycle other than a moped may fully 
use a lane. 
B. 
More than 2 motorcycles may not be operated abreast 
within the same lane. 
C. 
A motor vehicle may not be driven in such a manner as to 
deprive a motorcycle of the full use of a lane. 
D. 
A moped may be operated only in single file and as far 
as practicable to the right side of the way at all times, 
except when making a left turn. 
Sec. R·42. 29·A MRSA §2063, sub·§3, as repealed and replaced 
by PL 2001, c. 667, Pt. C, §17 is amended to read: 
3. 
Seating'. 
A person operating a bicycle may not ride 
other than astride a regular and permanently attached seat. 
A 
9ieyele-fRay-£e-t.-J:)e....-u-sed--t~-aar-r-y-~r-&-pe-~-1:-aa.a-1:-he--:aafRgel'--fie!;' 
waiea-i~-is-Qesi~:aeQ-aRQ-e~ai~~eQT 
Sec. R·43. 29·A MRSA §2063, sub·§3·A is enacted to read: 
3-A. 
Humber of persons. 
A bicycle may not be used to carry 
more 
persons 
than the 
number 
for 
which it is designed 
and 
eguipped. 
Sec. R-44. 29-A MRSA §2068, sub-§l, 1rC, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §S, is amended to read: 
C. 
The 
Department 
of 
Transportation 
may 
place 
signs 
prohibiting or restricting the stopping, standing or parking 
of vehicles on 
a 
public way or within 10 feet of the 
traveled 
portion 
of 
a 
way 
or 
on 
property 
under 
its 
jurisdiction, 
where 
stopping, 
standing 
or 
parking 
is 
dangerous to those using the way or wouJ d unduly interfere 
with the free movement of traffic. 
Aa--epeFa;;eF---ffiay--BG-t;---&t-op-r--&t-and--~--pa:£-k--a--¥eai€J.e--ia 
viela~iea-ef-~ae-Fes~Fie~iea-ea-saea-a-si~aT 
Sec. R-45. 29-A MRSA §2068, sub-§l, 1rC-l is enacted to read: 
C-l. 
An operator may not stop, stand or park a vehicle in 
violation of the restriction on a sign under paragraph C. 
Sec. R-46. 29-A MRSA §2071, sub-§§2 and 4, as enacted by PL 
1993, c. 683, Pt. A, §2 and affected by Pt. B, §S, are repealed 
and the following enacted in their place: 
2. 
Turn signal. 
An operator must give a turn signal as 
follows. 
A. 
An operator may not turn a vehicle without 
g~v~ng an 
appropriate signal if other traffic may be affected by that 
movement. 
B. 
A turn signal must be given continuously during at least 
the last 100 feet traveled before turning. 
4. 
Types of signals. 
A stop or turn signal must be given 
by the hand and arm, a signal light or mechanical signal device. 
A. 
When a vehicle is constructed or loaded so that a hand 
and arm signal is not visible to the front and rear, then 
signals must be given by a light or device. 
B. 
A light signal must emit a white or amber light to the 
front and a red or amber light to the rear for turn signals 
and red to the rear for stop signals. 
Sec. R-47. 29-A MRSA §2075, sub-§l, as enacted by PL 1993, c. 
683, Pt. A, 
§2 and affected by Pt. B, 
§S, is repealed and the 
following enacted in its place: 
Page l40-LROS26(1) 
1. 
Operation iJppeding PlQvement of traffic. 
A person may 
not operate a motor vehicle at such a slow speed as to impede the 
normal and reasonable movement of traffic, except when reduced 
speed is necessary for safe operation of the motor vehicle or in 
compliance with law. 
Sec. R·48. 29·A MRSA §2075, sub·§l·A is enacted to read: 
A. 
MiniJnwn 
speed 
limit. 
When 
the 
Department 
of 
Transportation determines, on the basis of an engineering and 
traffic 
investigation, 
that 
slow 
speeds 
on 
a 
public 
way 
consistently 
impede 
the 
normal 
and 
reasonable 
movement 
of 
traffic, the Commissioner of Transportation, with the approval of 
the Chief of the Maine State Police, may establish a 
minimum 
speed limit. 
A person may not operate a vehicle below a posted minimum speed 
limit, except when necessary for safe operation. 
Sec. R·49. 29·A MRSA §2076, sub·§3, as enacted by PL 1995, c. 
247, §S and affected by Pt. B, §S, is amended to read: 
3. 
Required stops. 
The operator of one of the following 
vehicles maY-Re~-~~~-~~~~-~Faek shall stop the vehicle at 
a grade crossing QB*e66-~~~~~-S~9~S between SO feet and IS 
feet from the nearest rail, *isEeBs listen, *eeks look in each 
direction 
along 
the 
tracks 
for 
an 
approaching 
train 
and 
aseeFEaiBs ascertain that no train is approaching: 
A. 
A bus transporting passengers; 
B. 
A motor vehicle transporting any quantity of chlorine; 
C. 
A motor vehicle that, in accordance with 49 Code of 
Federal Regulations, Part 172, Subpart F, is required to be 
marked or placarded; 
D. 
A cargo tank vehicle, whether loaded or empty, used to 
transport: 
(1) 
A hazardous material as defined in 49 
Code of 
Federal Regulations, Parts 170 to 189; or 
(2) 
A commodity under special permit in accordance 
with the provisions of the Code of Federal Regulations; 
or 
E. 
A cargo tank vehicle transporting a commodity that at 
the time of loading has a temperature above its flash point 
as 
determined 
by 
Code 
of 
Federal 
Regulations, 
Part 
173.115. 
Sec. R-50. 29·A MRSA §2076, sub-§3·A is enacted to read: 
3-A. 
Yield at grade crossing. 
The operator of any of the 
vehicles listed in subsection 3 shall yield at a grade crossing 
to an approaching train. 
Sec. R·51. 29·A MRSA §2076, sub·§5, as amended by PL 1999, c. 
771, Pt. C, §14 and affected by Pt. D, §§l and 2, is repealed and 
the following ~nacted in its place: 
5. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
An operator failing to comply with the requirements of 
subsection 1 or 2 commits a traffic infraction. 
B. 
An 
operator 
who 
fails 
to 
comply with subsection 3 
commits a Class E crime, which is a strict liability crime 
as defined in Title 17-A, section 34, subsection 4-A. 
C. 
An operator commits a Class D crime if that operator is 
required to stop under subsection 3 and fails to stop for or 
yield the right-of-way to a train, engine or conveyance on 
the track. 
This 
crime is 
a 
strict liability crime 
as 
defined in Title 17-A, section 34, subsection 4-A. 
Sec. R·52. 29·A MRSA §2101, as amended by PL 2001, c. 471, 
Pt. A, §§31 and 32 and affected by §33, is repealed. 
Sec. R·53. 29·A MRSA §2101·A is enacted to read: 
§210l-A. Permitting unlawful use 
1. 
Traffic infraction. 
A person who knowingly authorizes 
or permits a vehicle owned by or under control of that person to 
be driven on a public way by a person not authorized under this 
Title or in violation of a provision of this Title commits a 
~raffic infraction if the violation the driver commits is a 
traffic infraction. 
2. 
Crime. 
A person who knowingly authorizes Qr permits a 
vehicle owned by or under control of that person to be driven on 
a public way by a person not authorized under this Title or in 
violation of a provision of this Title commits a Class E crime if 
the violation the driver commits is a crime. 
Sec. R·54. 29·A MRSA §2102, sub.§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Display. 
Displays SE--pG&s&sses a 
revoked, 
suspended, 
mutilated, fictitious or fraudulently altered driver's license or 
identification card issued or represented to be issued by this 
State or any other state or province: 
Sec. R·55. 29·A MRSA §2102, sub·§l·A is enacted to read: 
A. 
Possess. 
Possesses a revoked, suspended, mutilated, 
fictitious 
or 
fraudulently 
altered 
driver's 
license 
or 
identification card issued or represented to be issued by this 
State or any other state or province; 
Sec. R·56. 29·A MRSA §2102, sub·§§3 and 4, as enacted by PL 
1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to 
read: 
3. 
Representation. 
Displays or represents as one's own a 
driver's license or identification card issued to another by this 
State or any other state or province; SF 
4. 
Use. 
Knowingly permits an unlawful use of a driver's 
license or identification card issued or represented to be issued 
by this State or any other state or provinceT~ 
Sec. R·57. 29·A MRSA §2102, as amended by PL 1997, c. 437, 
§43, is further amended by adding at the end a new paragraph to 
read: 
Violation of this section is a strict liability crime as 
defined in Title 17-A, section 34, subsection 4-A. 
Sec. R·58. 29·A MRSA §2104, sub.§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Attaching false plates. 
A person commits 
a 
Class E 
crime if that person attaches SE--p&.L-mi-t-S--t;s--be--at;t;aeaeEl to a 
vehicle a registration plate assigned to another vehicle or not 
currently assigned to that vehicle. 
Sec. R·S9. 29·A MRSA §2104, sub·§l·A is enacted to read: 
I-A. 
Permitting attachment of false plates. 
A person 
commits a Class E crime if that person permits to be attached to 
a vehicle a registration plate assigned to another vehicle or not 
currently assigned to that vehicle. 
Sec. R·60. 29·A MRSA §2104, sub·§S is enacted to read: 
5. 
Strict liability. 
Violation of subsection 1, 2 or 3 is 
a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. 
Sec. R-61. 29-A MRSA §2114, sub-§2, as amended by PL 1999, c. 
356, §1, is repealed and the following enacted in its place: 
2. 
Definitions. 
As 
used in this section, the following 
terms have the following meanings. 
A. 
"Diesel-powered 
motor 
vehicle" 
refers 
only 
to 
a 
diesel-powered motor vehicle that has a gross vehicle weight 
rating of 18,000 or more 
pounds. 
"Diesel-powered motor 
vehicle" does not include a truck registered as a farm truck. 
B. 
"Opacity" means the degree of light-obscuring capability 
of emissions of visible air contaminants expressed as 
a 
percentage. 
Complete obscuration must be expressed as 100% 
opacity. 
Sec. R-62. 29-A MRSA §2114, sub-§3, as amended by PL 1999, c. 
356, §l, is further amended to read: 
3. 
Testing and repair requirement. 
A person who causes 
operation of a diesel-powered motor vehicle shall comply with the 
requirements of the program, including emission opacity standards 
and testing and repair requirements. 
Owners or operators of 
diesel-powered motor vehicles that have failed opacity standards 
for the first time have 30 days from the date that the operator 
was notified of the failure of the test to certify to the 
department that repairs were made 
to bring the vehicle into 
compliance with the opacity standards established pursuant to 
this section. 
If certification is not made within 30 days, then 
owners or operators 
a~e--a&&e&&ee-~-~-~~~-~~--~be--fiFst 
Y:iela~:ieBt--2+lB-~-~-.. i9l-at.i9B&-a£e assessed--a--$SOO-f:iBe 
commit 
a 
traffic infraction. 
A person may not be 
found 
in 
violation of this section until after January 1, 2000. 
Only 
diesel-powered 
motor 
vehicles 
identified 
by 
certified 
inspectors 
as 
potential violators 
of 
the 
program's 
emission 
opacity standards are subject to testing under this section. 
Inspectors must 
be certified pursuant to the procedures 
for 
certification specified in 40 Code of Federal Regulations, Part 
60, Appendix A, Method 9. 
Sec. R-63. 29-A MRSA §2114, sub-§3-A is enacted to read: 
3-A. 
Penalties. 
The 
following 
penalties 
apply 
to 
violations of this section. 
A. 
A person who violates this section commits a traffic 
infraction for which a fine of $250 may be adjudged. 
B. 
A person who violates this section after previously 
having been adjudicated as violating this section commits a 
traffic infraction for which a fine of $500 may be adjudged. 
Sec. R-64. 29-A MRSA §2114, sub-§7, as enacted by PL 1999, c. 
356, §1, is repealed. 
Sec. R-65. 29-A MRSA §2358, sub-§7, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Out-of-service sticker. 
If the 
weight 
exceeds 
the 
maximum 
allowable gross vehicle weight 
by 
20% 
or more, 
the 
officer shall affix an out-of-service sticker to the windshield 
until the vehicle is brought into compliance. 
The vehicle may not be moved until it is brought into compliance. 
When a vehicle is brought into compliance, an officer may attest 
to compliance by signing the out-of-service sticker. 
A-~~~-~~~-a-G~ass-E-~~~-~~-tRat-pe~~~-~-a-veRie±e 
witR-~-e~6-e{-seFviee-~~~--tRa~-~-aet-~-6i~aee-~-aa 
e~~~eeF-a~~es~~a~-~e-eempl~aaeeT 
Aa-ewae£-e~-~~~-~~~~~~~~-~h&-a~s-a~-se~viee-ssiekeF 
a~testee-~-~-~ails-~e-~~~~-~h&-at~estea-~~~~-~~-peFtiea 
~e-~Re-~~~-~~~-Paliee-witRia-~~~~--~&&~&~-eeffiffiits 
a-~Fa~fie-iafFaetieaT 
A. 
A person who moves 
a vehicle with an out-of-service 
sticker that has not been signed by an officer attesting to 
compliance 
commits 
a 
Class 
E crime. 
Violation of this 
paragraph is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A. 
B. 
An 
owner 
or 
operator 
who 
fails 
to 
have 
the 
out-of-service sticker attested or who fails to return the 
attested sticker or portion to the Bureau of State Police 
within 15 days of issuance commits a traffic infraction. 
Sec. R-66. 29-A MRSA §2360, sub-§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Violation of weight provision. 
A person who operates or 
causes operation of a motor vehicle in violation of a weight 
provision for any axle or group of axles or gross vehicle weight 
commits a traffic infractionT if the vehicle is: 
A. 
One percent to 1040 over allowed basic weight; 
B. 
Eleven percent to 20% over allowed basic weight: 
C. 
Twenty-one percent to 30% over allowed basic weight; 
D. 
Thirty-one percent to 40% over allowed Qa§ic weight: 
E. 
Forty-one percent to 50% over allowed ba§ic weight: or 
F. 
More than 50% over allowed ba§ic weight. 
Sec. R·67. 29·A MRSA §2364, sub·§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
General road limit. 
The general road limit for this 
vehicle is 
94T'HH)-~-lJl:'9SS- ...... -ehl-€.,l-e--we-iqh-t;.-wheJl--t.-he--veBieJe 
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veBieJe-~~e£-~-a-4-aK~e-~--~-a*~-siR~le-~~-~i&~r-aaa 
11T6GG-peQRa6-~~e££-v~-€.,l-e-~~-~-t.-he-~i&~~~l:'aB&&-as-a 
a-a*Je-siR~~e-QRit-veBie~et~ 
A. 
When 
the 
vehicle operates 
as 
a 
3-axle single unit 
vehicle, 54,000 pounds gros§ vehicle weight: 
B. 
When the vehicle operates as a 4-axle or 5-axle single 
unit vehicle, 69,000 pounds gross vehicle weight; and 
C. 
When 
the 
vehicle operates 
as 
a 
6-axle 
single unit 
vehicle, 77,200 pounds gross vehicle weight; 
Sec. R·68. 29·A MRSA §2380, sub·§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is repealed. 
Sec. R·69. 29·A MRSA §2380, sub·§2, as enacted by PL 1993, c. 
683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
2. 
Maximum height. 
The following height restrictions apply. 
A. 
A vehicle with a permanent or temporary §tructural part 
more than 13 feet. 
inches in height measured vertically 
from a level ground surface may not be operated on a public 
way or bridge. 
B. 
A vehicle may not be operated on a public way or bridge 
if the load extends more than 6 inches above the maximum 
permissible structural height of the vehicle. 
C. 
A vehicle may not be operated oyer a section of a way or 
bridge that does not provide adequate overhead clearance. 
Sec. R·70. 29·A MRS A §2380, sub·§3, as repealed and replaced 
by PL 1999, c. 78, §l, is amended 
to read: 
3. 
Maximum width; exceptions. 
A vehicle that is wider than 
inches over all may not be operated on 
a 
public way or 
bridge. 
A portion of a vehicle or load may not project beyond 
the side of that vehicle to make a total width greater than 102 
inches, except as provided in this subsection and subsection 4. 
Reflecting mirrors 
and 
turn signal 
lamps 
are 
excluded 
from 
measurement of width. 
The following conditions and appurtenances 
attached to a 
commercial motor vehicle are excluded from the 
measurement of width provided that they do not extend more than 3 
inches from the side of a vehicle: 
A. 
Corner caps; 
B. 
Rear 
and 
side 
door 
hinges 
and 
their 
protective 
hardware; 
C. 
Rain gutters; 
D. 
Side lamp markers; 
E. 
Lift pads for piggyback trailers; 
F. 
Hazardous materials placards; 
G. 
Tarps and tarp hardware; 
H. 
Tiedown assemblies on platform trailers; 
I. 
Weevil pins and sockets on lowbed trailers; 
J. 
Steps and handholds for entry and egress; 
,*2 
K. 
Flexible fender extensions; 
L. 
Mud flaps and splash and spray suppressant devices; 
M. 
Refrigeration units or air compressors: 
N. 
Load-induced tire bulge; and 
O. 
Wall variation from true flat. 
Sec. R-71. 29-A MRSA §2380, sub-§7, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Penalty. 
*he-~~a~~y-~~-~~-¥~~a~~&-eE A person who 
violates this section is commits a traffic infraction for which a 
fine of not less than $100 BeE' and not more than $1,000 may be 
adjudged, except that the minimum fine for a violation of a 
posted bridge height is $250. 
Sec. R-72. 29-A MRSA §2381, sub-§l, as enacted by PL 1993, c. 
683, Pte 
A, §2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
1. 
Prohibition. 
A person may not move a vehicle or other 
object over a public way or bridge without obtaining a permit 
under this section if that vehicle or object: 
A. 
Exceeds the length. width. height or weight prescribed 
in this Title; or 
B. 
Has attached to its wheels a flange, rib, clamp or other 
object likely to injure the surface of the public way or 
bridge. 
Sec. R-73. 29-A MRSA §2382, sub-§3, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
3. 
County and municipal permits. 
A county commissioner or 
municipal officer may grant a 
permit 
ffiay--ge-~Fa&~ea, for 
a 
reasonable fee, gy-€e~R~y-~~~~~~-~&iG~~a~-eEEieeFs for 
travel 
over 
a 
way 
or bridge maintained 
by 
that 
county 
or 
municipality. 
Sec. R-74. 29-A MRSA §2382, sub-§9, as amended by PL 1997, c. 
144, §l, is repealed and the following enacted to read: 
9. 
Pilot vehicles. 
The following restrictions apoly to 
pilot vehicles. 
A. 
Pilot vehicles required by a permit must be equipped 
with warning lights and signs as required by the Secretary 
of State with the advice of the Department of Transportation. 
B. 
Warning lights may be operated and lettering on the 
signs may be visible on a pilot vehicle only while it is 
escorting a vehicle with a permit on a public way. 
with the advice of the Commissioner of Transportation and the 
Chief of the State Police, the Secretary of State shall establish 
rules for the operation of pilot vehicles. 
Sec. R·75. 29·A MRSA §2396, sub·§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Injurious substances. 
A person may not place on a way a 
tack, nail, wire, scrap metal, glass, crockery or other substance 
that may injure feet, tires or wheels. 
IE-a-~~-aeeiQeB~a**y 
~*aees-~-6~B6~aRee-~-a-~Yr-~~--peF&eB-~~--immeaiate*y 
ma*e-a**-FeaseBaB*e-eEEeFts-te-e*eaF-~he-way-eE-~hat-sQBS~aBeeT 
Sec. R·76. 29·A MRSA §2396, sub·§l·A is enacted to read: 
I-A. 
Duty to clear way. 
If a person accidentally places an 
injurious substance on a way, that person shall immediately make 
all reasonable efforts to clear the way of that substance. 
Sec. R·77. 29·A MRSA §2411, sub·§l, as amended by PL 1995, c. 
368, Pt. AAA, §7, is repealed. 
Sec. R·78. 29·A MRSA §2411, sub·§l·A is enacted to read: 
I-A. 
Offense. 
A person commits OUI if that person: 
A. 
Operates a motor vehicle: 
(1) 
While under the influence of intoxicants: or 
(2) 
While having a blood-alcohol level of 0.08°1> or 
!I!Q..r..gL 
B. 
Violates paragraph A and: 
(1) 
Has 
one previous OUI 
offense within a 
10-year 
period: 
(2) 
Has 
previous 
OUI 
offenses within 
a 
10-year 
period; or 
(3) 
Has 
or more previous OUI 
offenses within a 
10-year period: 
C. 
Violates paragraph A, failed to submit to a test at the 
reguest of a law enforcement officer and: 
(1) 
Has 
no previous OUI 
offenses within a 
10-year 
period: 
-
D. 
( 2) 
Hgs 
Qng 
I;!reviour;; 
Q:O:I 
off~nr;;~ within g 
lQ-~ggr 
I;!eriQd; 
(3) 
Hgs 
I;!revious 
QUI 
Qff~nr;;e§ within 
a 
10-~egr 
I;!griod: Qr 
(4) 
Hgr;; 
I;!rg:,{iQu§ 
QUI 
Qffenses within 
a 
10-~egr 
I;!eriQd: or 
Violate§ I;!gragrg12h A. B or C and: 
(1) 
In fact cause§ seriou§ bodil~ 1nJur~ as defined in 
Title l7-A. sgction 2. sub§ection 23 to gnQther 12ersQn 
Qr in fact Cguses the degth of gnothgr 12ersQn: Qr 
(2) 
Has either a 12riQr convictiQn for a C1 gss C crime 
under 
this 
sectiQn 
or 
a 
12rior 
criminal 
hQmicide 
conviction invQlving or resulting frQm thg o12eration of 
g 
motor 
vehicle 
while 
under 
the 
influence 
Qf 
intoxicating liguor or drugs Qr with g blood-glcohQl 
level of Q.08% or greater. 
Sec. R-79. 29-A MRSA §2411, sub-§2, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
2. 
Pleading 
and 
proof. 
The 
alternatives 
outlined 
in 
subsection 1 I-A, 
~a~a~~a~a6 12arggra12h A aaa-~ may be pleaded in 
the alternative. 
The State is not required to elect between the 
alternatives prior to 
submission to 
the 
fact 
finder. 
~ 
I;!rosecution undgr subsgction I-A. paragraph D, the State need not 
prove thgt the defendgnt's condition Qf being under the influence 
of intoxicants or having a blood-alcohol level of 0.08°1> or more 
cgused the seriour;; bQdily 
injur~ or death alleged. 
The State 
must I;!rove onl~ that thg defendant's operation caused the serious 
bodil~ 
1nJur~ or dggth. 
The 
court shall 
gpI;!l~ Title 
l7-A. 
section 33 in assessing an~ causation under this section. 
Sec. R-80. 29-A MRS A §2411, sub-§5, as amended by PL 2001, c. 
511, §3, is further amended by amending the first paragraph to 
read: 
5. 
Penalties. 
Except as Qtherwise I;!rQvidgd. viQlation Qf 
this section is a Class D crime. which is a strict 
liabilit~ 
crime gS defingd in Title 17-A, section 34. §ubr;;ection 4-A. 
The 
following minimum penalties apply and may not be suspended: 
Sec. R-81. 29-A MRSA §2411, sub-§5, ,n-l is enacted to read: 
D-l. 
A violatiQn of subr;;ection I-A. 12arggrg12h D i§ a Class 
C crime, which ir;; 
a strict liability crime as defined in 
Title 17-A, section 34, subsection 4-A. 
The sentence must 
include a period of incarceration of not less than 6 months, 
a 
fine 
of 
not 
less 
than 
$2,000 
and 
a 
court-ordered 
suspension of a driver's license for a period of 6 years. 
These penalties may not be suspended; 
Sec. R-82. 29-A MRSA §2411, sub-§5, ,G, as enacted by PL 1997, 
c. 737, §11, is amended to read: 
G. 
The court shall order an additional period of license 
suspension 
of 
days 
for 
a 
person 
sentenced 
under 
paragraph A, a, C e~L D or D-1 if the person was operating 
the 
motor vehicle at 
the 
time 
of 
the 
offense 
with 
a 
passenger under 21 years of age. 
Sec. R-83. 29-A MRSA §2411, sub-§6, as amended by PL 2001, c. 
332, §1, is repealed. 
Sec. R-84. 29-A MRSA §2412-A, sub-§l, as amended by PL 1999, 
c. 743, §5, is repealed. 
Sec. R-85. 29-A MRSA §2412-A, sub-§l-A is enacted to read: 
I-A. 
Offense: penalty. 
A person commits operating while 
license suspended or revoked if that person: 
A. 
Operates a motor vehicle on a public way or in a parking 
area 
when 
that person's 
license 
has 
been 
suspended 
or 
revoked, and that person: 
(1) 
Has received written notice of a 
suspension or 
revocation from the Secretary of State or a court; 
(2) 
Has 
been orally informed of the suspension or 
revocation by a law enforcement officer or a court: 
(3) 
Has 
actual 
knowledge 
of 
the 
suspension 
or 
revocation: 
( 4 ) 
Has been sent wr i t ten noti ce in accordance wi th 
section 
2482 
or 
former 
Title 
29, 
section 
2241, 
subsection 4: or 
(5) 
Has 
failed 
to 
answer 
or 
to 
appear 
in court 
pursuant to a notice or order specified in section 2605 
cr 2608; 
a. 
Violates paragraph A and the suspension was for OUI or 
an OUI offense: 
C. 
Violates paragraph A and the suspension was for QUI or 
an QUI 
offense, the person was subject to the mandatory 
minimum sentence and the person: 
(1) 
Has 
one 
prior 
conviction 
for 
violating 
this 
section; 
( 2 ) 
Has 
prior 
convictions 
for 
violating 
this 
section; or 
(3) 
Has 3 or more prior convictions for violating th~s 
section: or 
D. 
Violates paragraph A, the suspension was not for QUI or 
an 
QUI 
offense 
and 
the 
person 
has 
one 
or 
more 
prior 
convictions for violating this section. 
Except as otherwise provided, operating while license suspended 
or revoked is a Class E crime, which is a strict liability crime 
as defined in Title 17-A, section 34, subsection 4-A. 
Sec. R-86. 29-A MRSA §2414, sub-§6, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
6. 
Aggravating 
factor; 
eluding 
an officer. 
A 
person 
commits a Class B crime if that person attempts to elude a law 
enforcement officer e~-pa66e6-~-~~~~~~~-a-~eaaBleek and 
another person suffers serious bodily injury, as defined in Title 
17-A, section 2, subsection 23, as a result. 
Sec. R-87. 29-A MRSA §2414, sub-§7 is enacted to read: 
7. 
Aggravating factor; passing roadblock. 
A person commits 
a Class B crime if that person passes or attempts to pass a 
roadblock and another person suffers serious bodily injury, as 
defined in Title 17-A, section 2, subsection 23, as a result. 
Sec. R-88. 29-A MRSA §2434, sub-§10, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to rean: 
10. 
Failure to sign acknowledgment of notice or surrender 
license. 
A person commits a Class E crime if that person ~e~~ses 
~e-~~-~he-~~-e~--~&1G&-~~--wi&~~&-~-ea~seT 
~ails-~e-s~~~eaae~-a-lieease-wi~Ria-~he-pe~iea-e~-s~speasieaT~ 
A. 
Refuses to sign the acknowledgment of notice; or 
B. 
Without good cause, fails to surrender a license within 
the period of suspension. 
Violation of this subsection is a strict liability crime as 
defined in Title 17-A, section 34, subsection 4-A. 
Sec. R-89. 29-A MRSA §2458, sub-§5, as amended by PL 1997, c. 
111, §1, is further amended to read: 
5. 
Penalty. 
A person commits 
a Class 
E crime if that 
person ~eek±ess±y-~-~1t~-eFim1aa~-Re~J4~eR€e-~~~~~-~e~yest 
te-44£€Je£e-~~~~-SeeFeEaFy-e~-~~€-~~~-~-~~1~-YBee~ 
sYBSeetieB--&-~Fr-~~~--~~-~--£~£pe~£4~7--£eye€a~4eR7--e~ 
eaBee±±atieB-~~~~-te-~-aB-~~--e{-~~-See~eta~y-~--State 
YBee~-~~~-£e€~4e~-~F-~~~~-te-~~~--~e--Ehe-~~~~-e{ 
State-~~-a-~4€~~-~~~~1Gat~-e{-~4~~~-~r~~~1Gat~-e{ 
~e~ist~atieB-~--~~-yse-~~-~~-Bas-~~r-~evekee 
e~-eaBee±±ee-By-p~epe~-aytBe~itYT~ 
A. 
Recklessly 
or 
with 
criminal 
negligence 
fails 
upon 
reguest to disclose to the Secretary of State information 
reguired under subsection 6; 
B. 
After notice of suspension, revocation or cancellation 
fails to obey an order of the Secretary of State under this 
section. 
Violation of this paragraph is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A: 
or 
C. 
Fails to surrender to the Secretary of State on demand a 
license, certificate of title, certificate of registration 
or 
fuel 
use 
decal 
that has 
been 
suspended, 
revoked 
or 
cancelled by proper authority. 
Violation of this paragraph 
is 
a 
strict liability crime 
as 
defined in Title 17-A, 
section 34, subsection 4-A. 
Sec. R-90. 29-A MRSA §2557, sub-§l, as amended by PL 1997, c. 
776, §51, is further amended to read: 
1. 
Crime. 
A 
person 
eemmits--a--~~~-~--Ge~1aeG--iB 
SYB6eetieB--6--4.f--EhaE--pe.r-Gt>n--epe~ate6 may not operate a motor 
vehicle on a public way, as defined in Title 17-A, section 505, 
subsection 2, 
when that person's license to operate a 
motor 
vehicle has been revoked under this subchapter or former Title 
29, chapter 18-A and that person: 
A. 
Has received written notice of the revocation from the 
Secretary of State; 
B. 
Has been orally informed of the revocation by a 
law 
enforcement officer; 
C. 
Has actual knowledge of the revocation; or 
D. 
Is 
a 
person 
to 
accordance with section 
2241, subsection 4. 
whom 
2482 
written 
notice 
was 
or former Title 29, 
sent 
in 
section 
Sec. R-91. 29-A MRSA §2557, sub-§2, as amended by PL 1997, c. 
476, §l, is further amended to read: 
2. 
Offense; penalty. 
Violation of this section is: 
A. 
A Class D crime if the person violates subsection 1 and: 
(1) 
The person has no conviction for operating after 
revocation under this section or under former Title 29, 
section 2298 within the previous 10 years; and 
(2) 
The person has no conviction for violating section 
2411 or 
former Title 29, 
section 1312-B within the 
previous 10 years; and 
B. 
A Class C crime if the person violates subsection 1 and: 
(1) 
The 
person 
has 
one 
or 
more 
convictions 
for 
operating after revocation under this section or under 
former Title 29, section 2298 within the previous 10 
years; or 
(2) 
The 
person 
has 
one 
or 
more 
convictions 
for 
violating section 2411 
or 
former Title 
29, 
section 
1312-B within the previous 10 years. 
~Re--SeeFe~aFy--e~--S~a~e--maY--Re~--~FaR~--Felie~--~Fem--RaBi~~a± 
e~EeRaeF-£~at~£-~-&ee~ieR-~~~4-~~-~-a~-lea6~--~-y&a~-aEEeF 
ERe-~~~~-~~-6eHea~lea-~~-~~~~~~it4r-Ee-~~-~r-Fe*ief 
e~-EHaE-6t:at:~6T 
Sec. R-92. 29-A MRSA §2557, sub-§§2-A and 2-B are enacted to 
read: 
2-A. 
Strict liability. 
Violation of this section is a 
strict liability crime as defined in Title 17-A, 
section 34, 
subsection 4-A. 
2-B. 
Relief from habitual offender status. 
The Secretary 
of State may not grant relief from habitual offender status under 
section 2554 
until at least 
years 
have 
passed after 
the 
original date scheduled for eligibility to apply for relief of 
that status. 
PARTS 
Sec. S-I. 32 MRS A §1092, as amended by PL 1993, c. 600, Pt. 
A, §73, is repealed and the following enacted in its place: 
Sl092. Unlawful practice 
1. 
Unlawful practice. 
A person may not: 
A. 
Practice dentistry without obtaining a license; 
B. 
Practice dentistry under a false or assumed name; 
C. 
Practice dentistry under the license of another person 
of the same name; 
D. 
Practice dentistry under the name of 
a 
corporation. 
company, association, parlor or trade name; 
E. 
While manager, proprietor, operator or conductor of a 
place for performing dental operations, employ a person who 
is not a lawful practitioner of dentistry in this State to 
perform dental practices as described in section 1081; 
F. 
While manager, proprietor, operator or conductor of a 
place for performing dental operations, permit a person to 
practice dentistry under a false name; 
G. 
Assume a title or append or prefix to that person's name 
the letters that falsely represent the person as having a 
degree from a dental college; 
H. 
Impersonate another at an examination held by the board; 
I. 
Knowingly 
make 
a 
false 
application 
or 
false 
representation in connection with an examination held by the 
board; 
J. 
Practice as a dental hygienist without having a license 
to do so; or 
K. 
Employ 
a 
person as 
a 
dental hygienist 
who 
is not 
licensed to practice. 
2. 
Penalty. 
A person who violates this section commits a 
Class E cr ':'me. 
Violation of this section is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. S-2. 32 MRSA §1093, as amended by PL 1993, c. 600, Pt. 
A, §76, is repealed and the following enacted in its place: 
S109l. 
Fraudulent sale or alteration of diplomas or licenses 
1. 
Fraudulent or altered diploma or license: bribery. 
A 
person may not: 
A. 
Sell or offer to sell a diploma conferring a dental 
degree or license granted pursuant to the laws of this State; 
B. 
Procure a license or diploma with intent that it be used 
as evidence of the right to practice dentistry by a person 
other than the one upon whom the diploma or license was 
conferred; 
C. 
Wi th fraudulent intent alter a diploma or license to 
practice dentistry; 
D. 
Use or attempt to use an altered diploma or license; or 
E. 
Attempt to bribe a member of the board by the offer or 
use of money or other pecuniary reward or by other undue 
influence. 
2. 
Penalty. 
A person who violates this section commits a 
Class 
E 
crime. 
Except 
as 
otherwise 
specifically 
provided, 
violation of this section is a strict liability crime as defined 
in Title l7-A, section 34, subsection 4-A. 
Sec. S-3. 32 MRSA §1105, as amended by PL 1999, c. 386, Pt. 
F, §10 and c. 547, Pt. B, §78 and affected by §80, is repealed 
and the following enacted in its place: 
SII05. Violations: penalty 
1. 
Violations. 
A person, firm or corporation may not: 
A. 
Make electrical installations without being licensed as 
provided in this chapter; 
B. 
While 
in 
the 
business 
of 
making 
electrical 
installations, 
employ 
an 
unlicensed 
person, 
firm 
or 
corporation to do that work, unless the unlicensed person, 
firm or corporation is an apprentice electrician or 
an 
electrician'S helper as set forth in this chapter; or 
C. 
Procure a license as provided in this chapter wrongfully 
or by fraud. 
2. 
Penalty. 
A person, 
firm or corporation who violates 
subsection 1 commits a Class E crime. 
The State may bring an 
Page l56-LR0526(1) 
action in Superior Court to 
enJo~n a person from violating this 
chapter. regardless of whether proceedings have been or may be 
instituted in the District Court or whether criminal proceedings 
have been or may be instituted. 
3. 
Strict liability. 
Except 
as 
otherwise 
specifically 
provided, violation of this section is a strict liability crime 
as defined in Title 17-A. section 34. subsection 4-A. 
4. 
Exception. 
Subsection 1 does not apply to a person. 
firm or corporation or work excepted under section 1102 or 1102-A. 
5. 
Installations by resident; certification. 
Nothing in 
this 
chapter 
prevents 
a 
person 
from 
making 
electrical 
installations in 
a 
single-family 
residence 
occupied 
by 
that 
person or to be occupied by that person as the person's bona fide 
personal abode. 
as long as the installation conforms with the 
standards 
of 
the 
National 
Electric 
Code. 
An 
electrical 
installation made under the authority of this subsection. after 
July 
1, 
1987. 
in 
a 
newly 
constructed 
residence, 
reguires 
certification by a state or local inspector, master electrician 
or limited electrician in house wiring prior to the activation of 
electricity by the utility company. 
Sec. S-4. 32 MRSA §2276, as amended by PL 1999, c. 386, Pt. 
I, §2 and c. 547, Pt. B, 
§78 and affected by §80, is further 
amended to read: 
§2276. License required 
I-A. 
License required. 
A person 
may 
not 
practice, 
or 
profess to be authorized to practice occupational therapy, as an 
occupational 
therapist 
or 
certified 
occupational 
therapy 
assistant 
in 
this 
State 
or 
use 
the 
words 
"occupational 
therapist," 
"registered occupational 
therapist," 
"occupational 
therapy assistant" or "certified occupational therapy assistant" 
or the letters "O.T.," "O.T.R.," "O.T.A.," "C.O.T.A." or other 
words or letters to indicate that the person using the words or 
letters 
is 
a 
licensed 
occupational 
therapist 
or 
certified 
occupational therapy assistant, or that may misrepresent to the 
public that the person has received formalized training in the 
field of occupational therapy, unless that person is licensed in 
accordance with this chapter. 
This subsection is not intended to prohibit occupational therapy 
students a.i.ld occupational therapy assistant students completing 
fieldwork 
from 
using 
the 
letters 
"O.T.S." 
and 
"O.T.A.S." 
respectively. 
2. 
Individual license. 
Only an individual may be licensed 
under this chapter. 
3. 
Penalty; 
injunction. 
A 
person 
who 
violates 
the 
pFevisieas-ef this section is-~~i~~y-ef commits a Class E crime. 
Violation of this section is a strict liability crime as defined 
in Title 17-11., section 34, subsection 4-11.. 
The State may bring an action in Superior Cgurt to enjoin any 
person 
from 
violating 
this 
chapter, 
regardless 
of 
whether 
proceedings have been or may be instituted in the District Court 
or whether crilninal proceedings have been or may be instituted. 
~he-~~~~ay-h£4£~-~-ae~iea-~~-S~p&~~~-~e~~~-~~-eajeia 
aay-~r~-~~~-vielati~-~~~-€aap~e£7--~~~&&-~--whethe~ 
pFeeeeaia~6-aa¥e-~~-~ay-ae-4££~4~~~e4-~~~~-Pi&&~i&&-Ge~Ft 
e~-whetheF-e~imiaa~-p~eeeeaia~6-have-beea-eF-may-be-ia6tit~teaT 
Sec. S-5. 32 MRSA §2317, as amended by PL 1999, c. 386, Pt. 
J, §9 and c. 547, Pt. a, §78 and affected by §80, is repealed and 
the following enacted in its place: 
§2317. Violations; penalties 
1. 
Penalties. 
The following penalties apply to violations 
of this chapter. 
A. 
A person, firm or corporation who makes an oil or solid 
fuel burner installation without being licensed as provided 
by this chapter commits a Class E crime. 
H. 
A person, firm or corporation in the oil or solid fuel 
burner 
installation business 
that 
employs 
an 
unlicensed 
person, 
unless the work is exempted under thi s 
chapte r , 
commits a Class E crime. 
C. 
A person who procures a license as provided in this 
chapter wrongfully or by fraud commits a Class E crime. 
2. 
Strict liability. 
Except 
as 
otherwise 
specifically 
provided, violation of this section is a strict liability crime 
as defined in Title 17-11., section 34. subsection 4-11.. 
3. 
Injunctive relief. 
The State may bring an action in 
Superior Court to enjoin a person from violating this chapter. 
regardless of whether proceedings have been or may be instituted 
in the District Court or whether civil proceedings to impose a 
fine have been or may be instituted. 
Sec. S-6. 32 MRSA §4662, as amended by PL 1987, c . 202, § 2, 
is repealed and the following enacted in its place: 
§4662. Contents of contract 
1. 
Contract 
regyired. 
When 
merchandise 
is 
sold 
or 
contracted to be sold. whether under a single contract or under 
multiple contracts. to a consumer as a result of or in connection 
with a 
seller's direct contact accomplished by means of and 
including. but not limited to, a personal visit or a telephone 
call upon the consumer. 
other than at the seller's place of 
business, without the consumer soliciting the initial contact. 
the contract must: 
1>.. 
Be in writing; 
B. 
Bear the signature of the seller and the consumer; 
C. 
Contain the date of the transaction; 
D. 
Contain the terms of the sale or offer; 
E. 
Contain the name and the mailing address of the seller's 
permanent place of business; 
F. 
Contain a statement of the consumer's right to avoid as 
provided in this subchapter; and 
G. 
Contain 
a 
statement of 
the limitation contained in 
section 4664-A. 
The 
seller shall furnish 
a 
completely executed 
copy of 
the 
contract or 
agreement 
to the 
consumer 
immediately after the 
consumer signs the agreement or contract. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A seller who violates this section commits a Class E 
crime, which is a strict liability crime as defined in Title 
17-1>., section 34, subsection 4-A. 
B. 
A seller who intentionally violates this section commits 
a Class D crime. 
Sec. S·7. 32 MRSA §4664-A, as enacted by PL 1981, c. 187, §4, 
is repealed and the following enacted in its place: 
§4664-A. Time of seller's performance 
1. 
Performance after right to cancel. 
If the contract 
requires the seller to affix merchandise permanently to real 
estate or its appurtenances, 
then the seller may 
not begin 
performance as long as the consumer has the right to cancel. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits a Class E 
crime, which is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates this section commits 
a Class D crime. 
Sec. S-8. 32 MRSA §4666, as enacted by PL 1969, c. 395, is 
repealed and the following enacted in its place: 
§4666. Seller's obligation 
1.. 
Return upon avoidance. 
If the seller is given written 
notice of avoidance by the consumer pursuant to this subchapter 
and any merchandise that has been delivered is returned or made 
available for return to the seller, the seller must return to the 
consumer within 15 days of the effective date of the notice of 
avoidance the full amount of any payment or down payment made or 
consideration 
given 
under 
the 
contract 
or 
sale 
for 
the 
merchandise. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits a Class E 
crime, which is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates this section commits 
a Class D crime. 
Sec. S-9. 32 MRSA §4667, as repealed and replaced by PL 1995, 
c. 681, §2, is repealed. 
Sec. S-10. 32 MRSA §14058, sub-§2, as enacted by PL 1991, c. 
468, §4, is repealed and the following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
this chapter. 
A. 
A person or employee leasing company that violates this 
chapter is subject to 
a 
fine of $100 per day for each 
violation. 
B. 
A corporation, partnership, sole proprietorship or other 
form of business entity and an officer, director, general 
partner, agent. representative or employee of any of those 
types 
of 
business 
entities 
that 
knowingly 
uses 
or 
participates in any employee leasing agreement. arrangement 
or mechanism 
for 
the purpose of depriving one 
or 
more 
insurers of premiums or avoiding the calculation of the 
proper 
contribution 
rate 
for 
purposes 
of 
unemployment 
contributions commits a Class E crime. 
Sec. S-l1. 32 MRSA §14504, as amended by PL 2001, c. 324, §7, 
is repealed and the following enacted in its place: 
§14504. Registration regpired 
1. 
Registration regpired. 
A 
transient seller of 
home 
repair services must register with the department and acguire a 
door-to-door 
sales 
registration in the 
manner 
set forth 
in 
section 14505 before engaging in the door-to-door sales of home 
repair services. 
The registration reguirement under this section 
is in addition to the licensing reguirements applicable to the 
occupation, trade or profession for which a license is reguired. 
A transient seller who solicits sales during the course of a 
municipal 
or 
state 
repair 
contract 
is 
exempt 
from 
this 
reguirement. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits a Class E 
crime. which is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates this section commits 
a Class D crime. 
3. 
EnforCement. 
This section is enforceable by either the 
Department of the Attorney General or a district attorney. 
Sec. 8-12. 32 MR8A §14506, 
as enacted by PL 1993, c. 444, 
§1, is repealed and the following enacted in its place: 
§14506. 
Disclosure of registration number 
1. 
Disclosure regpired. 
A contract for door-to-door sales 
of home repair services by a transient seller Qf home repair 
services 
must 
include 
the 
seller's 
door-to-door 
sales 
registration number in the following manner: 
State door-to-door 
sales registration i: 
(fill in number). 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits a Class E 
crime, which is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates this section commits 
a Class D crime. 
3. 
Enforcement. 
This section is enforceable by either the 
Department of the Attorney General or a district attorney. 
Sec. S-13. 32 MRSA §14512, sub-§l, as amended by PL 2001, c. 
324, §ll, is further amended to read: 
§14512. Penalties 
The penalties in this section are in addition to penalties 
provided for specific violations within this subchapter. 
~T--~£~iBal-peBal~YT--V4e~a~ie~-~-~-~-~~-&~-see~ieB 
±49Q9-~~-~-G±ass-E-~~~-~~-wRieR-~~~~-Beea-~-~~-eF 
~Feve--a-~~~-~~~-e~--ffiiBaT--&~p~-~~-~-¥ie~a~ie~--e~ 
6ee~ieB-149g4-e£-~4~~-~~-~~~~~~-~~-~-S~a~-~±eaes-aBa 
~Feves-~Ra~-~Re-ae~-eF-effii66ieB-wa6-iB~eB~ieBalT 
2. 
Civil penalty. 
A--~FaBsieB~--se±leF--e~--Reffie--Fe~aiF 
6eFviees--~--~~--S&~~~~s--effi~leyee--~a~~J~~--~~--~~s~~--iB 
vie±a~ieB-e~-~~~~~-eeffiffii~s-a-~~¥~~-~~~~-~~-wRieR 
a-~~~~-~~~--e~-~-~~-$~r~~~-~-ae-~}~-~~--~Re 
6e±leF-aBa-ea€R-~~~--~~-~~~~-~~~~s-~ais-sQaeRa~~eF 
6-e£-ffie£e-~Jffie£7-~-~~-~~-~jur~~--bs~~-~aaa-&~-yeaF6 
e~--a~eT--~he--eivil--viela~ieB--peBal~Y--ffiay--ae--Q~--te--$9 T QQQT 
SQa6eetieB-~--aae-~~~-s~&seG~~a-a£e-~~~~-ay-~1t~--~he 
ge~aF~ffieB~-e~-~£e-~~~~~~~--~-~is~~ie~-A~~eFBeYT The 
following penalties apply to violations of this subchapter. 
A. 
A transient seller of 
home 
repair services or the 
seller's employee who violates this subchapter commits 
a 
civil violation for which a fine of up to $2,000 may be 
adjudged. 
This penalty may be assessed against each seller 
and each employee. 
B. 
A transient seller of 
home 
repair services or 
the 
seller's employee who violates this subchapter after having 
previously violated this subchapter 2 or more times commits 
a civil violation for which a fine of not more than $5,000 
may be adjudged. 
C. 
A transient seller of 
home 
repair services or 
the 
seller's employee who violates this subchapter in a way that 
injures a consumer who is more than 60 years of age commits 
a civil violation for which a fine of up to $5,000 may be 
adjudged. 
This subsection is enforceable by either the Department of the 
Attorney General or a district attorney. 
3. 
Unfair trade practice. 
A transient seller 
repair services 
who 
fails 
to 
register in violation 
subchapter commits an unfair trade practice in violation 
5, section 207. 
of 
home 
of this 
of Title 
4. 
Revocation. 
In any action under this section the court 
may also 
revoke 
the seller's registration to 
engage 
in the 
door-to-door sale of home repair services. 
Sec. S-14. 32 MRS A §14702, as enacted by PL 2001, c. 324, 
§12, is repealed and the following enacted in its place: 
§14702. Registration 
L 
Registration required. 
A person who 
engages in the 
business of a transient seller of consumer merchandise, including 
a 
self-employed person or 
a 
person who 
employs 
one or more 
transient sellers of consumer merchandise, shall apply to the 
department and acquire a registration in the manner set forth in 
section 14706 before engaging in sales of consumer merchandise in 
this State. 
2. 
Pena1ty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits a Class E 
crime, which is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates this section commits 
a Class D crime. 
Sec. S-15. 32 MRSA §14703, sub-§3 is enacted to read: 
3. 
Pena1ty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 2 commits a Class E 
crime, which is a strict liability crime as defined in Title 
l7-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates subsection 2 commits 
a Class D crime. 
Sec. S-16. 32 MRSA §14704, sub-§3 is enacted to read: 
3. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits a Class E 
crime, which is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates this section commits 
a Class D crime. 
Sec. S-17. 32 MRSA §14713, as enacted by PL 2001, c. 324, 
§12, is amended to read: 
§14713. Violations; unfair trade practice 
ly--~~~-pe.al~yy--~~~~~~~~-6e€~4eR--~~r-see~ieB 
;b41g6T-6\ia6ee~ieB--2--El-£--&ecl:~~...JA..:1-04--.i-&--a--G-b3:s&-g.-EH'·.iffie.-~er-whieh 
~he-~~~-R~--ae~-~~-e£--¥~~-~-e\i;bpaaJe-~~~-~--miBaT 
e*eep~--~£~~--~--~~~~~a--ef--6e€~4~--~~~---&&G~~a--;b41g6T 
s\iaSee~i9B-~-~r-6€€~4eR--~~-is-~-Gkass-~~r~-4f-~~-S~a~e 
pJeaas-aaa-p~eves-~ha~-~he-ae~-9~-9missi9B-wa6-ia~ea~ieaaJT 
2. 
Unfair trade practice. 
A person who fails to comply 
with this subchapter commits a violation of Title 5, chapter 10. 
Sec. S-18. 32 MRSA §14805, sub-§8, as enacted by PL 1999, c. 
386, Pt. V, §6 and amended by c. 547, Pt. B, §78 and affected by 
§80, is repealed and the following enacted in its place: 
8. 
Penalties. 
The following penalties apply to violations 
of this chapter. 
A. 
A person, firm or corporation who makes a propane or 
natural gas installation without being licensed as provided 
by this chapter commits a Class E crime. 
B. 
A person, firm or corporation in the propane or natural 
gas installation business who employs an unlicensed person, 
unless the work is exempted under this chapter, commits a 
Class E crime. 
C. 
A person who procures any license as provided in this 
chapter wrongfully or by fraud commits a Class E crime. 
Sec. S-19. 32 MRSA §14805, sub-§§9 and 10 are enacted to read: 
9. 
Strict liability. 
Except 
as 
otherwise 
specifically 
provided, violation of this section is a strict liability crime 
as defined in Title 17-A, section 34, subsection 4-A. 
10. 
Injunctive relief. 
The State may bring an action in 
Superior Court to enjoin a person from violating this chapter, 
regardless of whether proceedings have been or may be instituted 
in the District Court or whether civil proceedings to impose a 
fine have been or may be instituted. 
PARTT 
Sec. T-l. 34-A MRS A §11227, as amended by PL 2001, c. 553, 
§9, is repealed and the following enacted in its place: 
§11227. 
Violation 
1. 
Failure to register or 
update 
information. 
A 
sex 
offender or sexually violent predator who fails to register or 
update the information required under this chapter commits 
a 
Class D crime. 
2. 
Failure to register or update information; 2nd offense. 
A sex offender or sexually violent predator who has one prior 
conviction for failure to register or update the information 
required under this chapter commits a Class D crime. 
3. 
Failure to register or 
update 
information; 
3rd or 
subsegyent offense. 
A sex offender or sexually violent predator 
who fails to register or update the information required under 
this chapter when the sex offender or sexually violent predator 
has 2 or more prior convictions in this State for violation of 
this chapter commits a Class C crime. 
4. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title 17-A, section 34, sUbsection 
4-A. 
5. 
Prior conviction. 
Title 17 -A, section 9-A governs the 
use of prier conviction when determining a sentence. 
6. 
Affirmative defense. 
It is an affirmative defense that 
the failure to register or update information resulted from just 
cause, except that sex offenders and sexually violent predators 
convicted from June 30, 1992 to September 17, 1999 may not raise 
a 
defense under just cause that they were not aware of the 
registration requirement. 
PARTU 
Sec. V-I. 35-A MRSA §703, sub-§4, as amended by PL 1987, c. 
490, Pt. A, 
§2, is repealed and the following enacted in its 
place: 
4. 
Penalties. 
The following penalties apply to violatiou£ 
of this section. 
A. 
A 
person 
who 
violates 
this 
section 
by 
knowingly 
soliciting, accepting or receiving an unlawful preference 
from a utility commits a civil violation for which a fine of 
not more than $1,000 must be adjudged for each offense. 
B. 
A public utility that offers or grants an unlawful 
preference commits a civil violation for which a fine of not 
more than $1,000 may be adjudged for each offense. 
Sec. V-2. 35-A MRSA §770I, sub-§2, as enacted by PL 1987, c. 
141, Pt. A, §6, is amended to read: 
2. 
Offense. 
A person is guilty of unlawful interference 
with a party line if he that person: 
A. 
Willfally 
Intentionally 
surrender the use of a party 
accordance with subsection Ii or 
or 
knowingly 
refuses 
line to another person 
to 
in 
B. 
Requests the use of a party line on pretext that an 
emergency exists, knowing that an emergency does not exist. 
PART V 
Sec. V-I. 36 MRSA §I84, as amended by PL 1989, c. 880, Pt. D, 
§l, is repealed and the following enacted in its place: 
§184. 
Criminal offenses 
1. 
Failure to collect, account for or pay over tu. 
A 
person who is required under this Title to collect, truthfully 
account for and pay oyer any tax imposed by this Title and who 
intentionally fails to collect or truthfully account for or pay 
oyer that tax at the time required by law or rule. in addition to 
any other penalties proyided by law. commits a Class D crime. 
2. 
Subsequent offense. 
A person who violates subsection 1 
who has a prior conyiction for violation of this section commits 
a Class C crime. 
Title 17-A. section 9-A governs the use of 
prior conyictions when determining a sentence. 
3. 
"Person" defined. 
For purposes of this section. the 
word "person" includes. in addition to its defined meaning in 
section Ill. subsection 3. an officer. director. member. agent or 
employee of another person who. in that capacity. is responsible 
for the control or management of the funds and finances of that 
person or is responsible for either the collection or payment of 
that retailer's taxes. 
Sec. V-2. 36MRSA§184-A, as enacted by PL 1997. c. 504. §3. 
is amended to read: 
§184-A. 
Intentional evasion of tax 
I. 
Tax 
amount of $2,000 or less. 
ARy A person 
who 
intentionally attempts in any manner to evade or defeat any tax 
in an amount of $2.000 or less imposed by this Title or the 
payment of the assessed tax, in addition to any other penalties 
provided by law, is--qu-i-k-?--eE commits a Class D crimeT--eK-eept 
that-~~~~-~--this-~-~-i£--a-~~~-~-~~~-~~--the 
peEseR-~-~-p~ieE-~~~-~~--vielatieR-~~-~~~-seetieRT 
seetieR-lg4-e~-§aa6. 
I A. 
Tax amount of $2000 or less, subseqyent offense. 
A 
person who has a prior conviction for violation of this section 
or section 184 or 5332 who intentionally attempts in any manner 
to eyade or defeat any tax in an amount of $2.000 or less imposed 
by this Title or the payment of the assessed tax. in addition to 
any other penalties provided by law. commits a Class C crime. 
Title 17 A. section 9 A governs the use of prior convictions when 
determining a sentence. 
2. 
Tax amount over $2,000. 
ARY A person who intentionally 
attempts in any manner to evade or defeat any tax in an amount 
over $2,000 imposed by this Title or the payment of the assessed 
tax, in addition to any other penalties provided by law, is 
~~ilty-eE commits a Class C crimeT-eKee~-~~-~~~~~~-this 
s~&seetieR--is--a--Glass--S--e~ime--iE--the--pe~seR--has--a--p~ie~ 
eeBvietieR-Ee~-vielatieR-eE-this-seetieRT-seetieR-lg4-e~-§666. 
A. 
Tax amount over $2,000, subseg:u.ent offense. 
A person 
who has a prior conviction for violation of this section or 
section 184 or 5332 who intentionally attempts in any manner to 
evade or defeat any tax in an amount over $2,000 imposed by this 
Title or the payment of the assessed tax, in addition to any 
other penalties provided by law, commits a Class B crime. 
Title 
l7-A, 
section 9-A governs the use of prior convictions when 
determining a sentence. 
3T--Da~e-e~-p£ie£-eeavie~ieaT--Fe£-~~~-~~&-&eetieRT 
~he-aa~e-~-~-~-~~~ie~~~-aRaer-~h46-~~~~-~~-~he 
eemmissieR-~-the-~~~-beiR~-~-by--~-years-~--lessT 
~he-aaEe-ef-eeRvietieR-is-aeemea-Ehe-aate-seaEeRee-is-impeseaT 
Sec. V-3. 36 MRSA §1754-B, sub-§2-A is enacted to read: 
2-A. 
Making sales after revocation. 
A person whose sales 
tax registration certificate has been revoked by the assessor 
pursuant to section 1757 who continues to make retail sales in 
this State commits a Class D crime. 
Violation of this subsection 
is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. 
Sec. V -4. 36 MRSA §1754-B, sub-§3, as enac ted by PL 1995, c. 
640, §3, is amended to read: 
3. 
Failure to reqister. 
A person thaE who is required by 
this section to register as a retailer with the assessor and thaE 
who makes retail sales in this State without being so registered 
commi ts a Class E crime. 
Whea-a-~-Gtffi-'-s--s-a-1e&--~a-~-re~isEl'aEiea 
eel'EifieaEe-ha£-~~~-by-the-~~~~-~~-~-seeEiea 
1191T-~~-~~-eammi~&-a-~~~~-eFime-by-~~~~-~-make 
retail--sa-1e&--ia--thl-s--St:at:eT 
Violation of this subsection is a 
strict liability crime as defined in Title l7-A, 
section 34, 
subsection 4-A. 
Sec. V-5. 36 MRSA §2113, as repealed and replaced by PL 1997, 
c. 393, Pt. A, §42, is repealed and the following enacted in its 
place: 
§2113. 
Criminal pena1ties 
1. 
Violations; first offense. 
A person who violates this 
Part for which a penalty is not provided by any other provision 
of law commits a Class E crime. 
Except as otherwise specifically 
provided, violation of this subsection is a strict liability 
crime as defined in Title l7-A, section 34, subsection 4 A. 
2. 
Violations: subseqy.ent offenses. 
A person who violates 
this Part for which a penalty is not provided by any other 
provision of law when the person has 
a prior conviction for 
violation of the same provision within the prior 3 years commits 
a 
Class D crime. 
Except as otherwise specifically provided, 
Page l68-LR0526(1) 
violation of this subsection is 
a strict liability crime as 
defined in Title 17-A. section 34. subsection 4-A. 
Title 17-A, 
section 9-A governs the use of prior convictions when determining 
a sentence. 
Sec. V -6. 36 MRSA §4315, sub-§l, as amended by PL 1999, c. 
194, §1, is further amended to read: 
1. 
Transportation of wild blueberries without permit. 
It: 
is-~~~~--~~-a A person t:e may not transport wild blueberries 
in quantities exceeding 
pounds 
without first obtaining a 
transportation permit on an official form to be furnished by the 
Wild 
Blueberry 
Commission 
of 
Maine. 
The 
Wild 
Blueberry 
Commission 
of 
Maine 
shall 
issue 
upon 
request 
official 
transportation permit forms to shippers and processors certified 
under 
section 
4305. 
Shippers 
and 
processors 
may 
issue 
the 
transportation permits to owners or owner's transportation agents 
with written authorization from owners. 
Each permit issued must 
bear a different number and expire at the end of the calendar 
year. 
WReH--a--sRi~~e~--e~--~~eeesse~--iss~es--a--t:~aHs~e~t:at:ieH 
~e~ffiit:T-tRe-£a~~e~-~-~~-~l~--~bat~~~-a-ee~y-t:a 
t:Re-~~~-~~€£e~~y--Gemmi&&ieH-~--MaiHe~---~h&-~~~~-sRa±± 
*ee~-~-~eFmaHeHt;-~~~~-&~-a~~-~~it~-~££~ea~--~-eaffiffiissiaH 
sRa±±-~~l~~-t:Re-~~~-aHa-~~--eE-~~~~~~~-~e~ffiit:s 
aHa-€£~~~£~~~-FeeeFa-*ee~iH~-~e~~~~emeRt£-~--~-eeffiffiissie HT 
sRi~~e~s--ail4---p-r~-s-.---Net;wit;h&t;aHGiag-aHy-~-£W-i-s-:i~--<)-f..-1'it:±e 
IT-~~~--~~r-s~aeRa~te~-~--~-tRe-~~~~--~~-~e~taiHiH~ 
te--t~aHs~e~tatieH--~e~ffiits--~e~~i~ea--t:e--ae--ke~t:--ay--tRe--Wila 
81~eae~~y-~effiffiissieR-~-~~~-~~~-&&&&~a-aFe-eeHEiaeHtia± 
te-~~~~&ea&-Re€e££a~y-~--<)--~~ese~ve-~~-~a&i&y-e~-~~-~-te 
iHaivia~al-~~-t~aHsaetieHsT---~-eeHEiaeHtial-~~~-aees 
Het-~y-~-FeeeFa&-kept-~-&&e-Wila-~~~~~~~~-eE 
MaiHe-~~-Heeaea-~-eviaeHee--Hr-aHy--p-r~~-te-~~~-aHY 
~~evisiaH-e~-~~~~~~-&F-t:Ris-£e€t~eR7-~--~-aay-~~asee~t:iaH 
Ee~-a-~~~~~~~-~-&&h&~-e~imiHa~-lawT This subsection does 
not apply to wild blueberries that have been received by 
a 
certified shipper or processor and have been weighed, logged into 
a permanent record-keeping system and reloaded onto a vehicle for 
shipping under a bill of lading. 
Sec. V-7. 36 MRSA §4315, sub-§l-A is enacted to read: 
I-A. 
Records of permits; confidentiality. 
When a 
sh~ 
or processor issues 
a 
transportation permit. 
the 
shipper or 
processor shall immediately send a 
copy to the Wild Blueberry 
Commission of Maine. 
The 
commission shall 
keep 
a 
permanent 
record of all transportation permits issued. 
The 
commission 
shall establish the form and content of transportation permits 
and establish the record-keeping requirements of the commissi~ 
shippers and processors. 
Notwithstanding any provision of Title 
~hapter 13 I 
subchapter 1 to the contrary, records pertaining 
to 
transportation permits 
required to 
be 
kept 
by 
the 
Wild 
Blueberry Commission of Maine under this section are confidential 
to the extent necessary to preserve the identity of parties to 
individual business transactions. 
The confidential status does 
not apply when records kept by the Wild Blueberry Commission of 
Maine 
are needed as 
evidence 
in 
a 
proceeding to enforce 
a 
provision of section 4314 or this section or in a prosecution for 
a violation of any other criminal law. 
Sec. V-8. 36 MRSA §4315, sub-§3, as amended by PL 1997, c. 
511, §23, is repealed and the following enacted in its place: 
3. 
Violation. 
The following penal ties apply to violations 
of this section. 
A. 
A person who transports wild blueberries in violation of 
this section commits a Class E crime. 
Violation of this 
paragraph is a strict liability crime as defined in Title 
l7-A, section 34, subsection 4-A. 
B. 
A person who 
violates 
any other provision of this 
section commits a civil violation for which a fine of not 
more than $500 may be adjudged. 
Sec. V-9. 36 MRSA §4362-A, sub-§4, as enacted by PL 1997, c. 
458, §3, is repealed and the following enacted in its place: 
4. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A distributor who imports into this State any cigarettes 
without 
holding 
a 
distributor's 
license 
issued 
by 
the 
assessor pursuant to this section commits a civil violation 
for which a fine of not less than $250 and not more than 
$500 must be adjudged. 
B. 
A distributor who violates paragraph A after having been 
previously adjudicated as violating paragraph A commits a 
civil violation for which a fine of not less than $500 and 
not more than $1,000 must be adj udged for each subsequent 
violation. 
C. 
A distributor who sells at wholesale, offers for sale at 
wholesale or possesses with intent to sell at wholesale any 
cigarettes without holding a distributor's license issued by 
the 
assessor 
pursuant to 
this 
section 
commits 
a 
civil 
violation for which a fine of not less than $250 and not 
more than $500 must be adjudged. 
D. 
A distributor who violates paragraph C after having been 
previously adjudicated as violating paragraph C commits a 
civil violation for which a fine of not less than $500 and 
not more than $1, 000 must be adjudged for each subsequent 
violation. 
Sec. V-IO. 36 MRSA §4366-A, sub-§l, as enacted by PL 1991, c. 
458, §10, is repealed and the following enacted in its place: 
1. 
Generally. 
A distributor may not: 
A. 
Sell, offer for sale or display for sale any cigarettes 
within this State that do not bear stamps evidencing the 
payment of the tax imposed by this chapter; or 
B. 
Violate paragraph A when the distributor has 2 prior 
convictions for violation of this chapter. 
The face value of the stamps must be considered as part of the 
retail cost of the cigarettes. 
Sec. V-II. 36 MRSA §4366-A, sub-§4, as enacted by PL 1997, c. 
458, §10, is repealed and the following enacted in its place: 
4. 
Resale and reuse of stamps prohibited. 
A distributor 
may not: 
A. 
Sell, transfer or use more than once cigarette stamps 
issued by the assessor pursuant to this chapter; or 
B. 
Violate paragraph A when the distributor has 
prior 
convictions for violation of this chapter. 
Sec. V-12. 36 MRSA §4366-A, sub-§4-A is enacted to read: 
4-A. 
RedeJQption of stamps. 
The assessor shall redeem any 
unused, uncancelled stamps presented within one year of the date 
of purchase by a licensed distributor at a price e<;1ual to the 
amount paid for them. 
The assessor may also redeem, at face 
value, cigarette tax stamps affixed to packages of cigarettes 
that have become unsalable if application is made within 90 days 
of the return of the unsalable cigarettes to the manufacturer. 
The Treasurer of State shall provide out of money collected 
pursuant to this chapter, the funds necessary for the redemption. 
Sec. V·J3. 36 MRSA §4366-A, sub-§6, as enacted by PL 1991, c. 
458, §10, is repealed and the following enacted in its place: 
6. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who sells, offers for sale, displays for sale 
or possesses with intent to sell unstamped cigarettes in 
violation of this section commits a Class D crime. 
B. 
A person who violates paragraph A when the person has 2 
or more prior convictions for violation of this chapter 
commits a Class C crime. 
C. 
A person who sells or transfers cigarette stamps or uses 
stamps more than once in violation of this section commits a 
Class D crime. 
D. 
A person who violates paragraph C when the person has 
one or more prior convictions for violation of this chapter 
commits a Class C crime. 
Except as 
otherwise specifically provided, 
violation of this 
subsection is a strict liability crime as defined in Title l7-A, 
section 34, subsection 4-A. 
Title l7-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
Sec. V-I4. 36 MRSA §4366-B, sub-§4, as enacted by PL 1997, c. 
458, §10, is repealed and the following enacted in its place: 
4. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates this section commits a Class E 
crime. 
B. 
A person who violates this section when the person has 
one or more prior convictions for violation of this section 
commits a Class D crime. 
Title 17 -A, section 9-A governs 
the use of prior convictions when determining a sentence. 
Violation of this section is a strict liability crime as defined 
in Title l7-A, section 34, subsection 4-A. 
Sec. V-IS. 36 MRSA §4366-C, sub-§3, as 
enacted by PL 1999, c. 
616, §3, is repealed and the following enacted in its place: 
3. 
Penalties. 
The following penalties ap]?ly to violations 
of this section. 
A. 
A dealer 
or distributor 
who 
violates 
this section 
commits a Class E crime. 
Page l72-LR0526(1) 
B. 
A dealer or distributor who violates this section when 
the dealer or distributor has one or more prior convictions 
for violation of this section commits 
a 
Class 
D crime. 
Title 17-A, section 9-A governs the use of prior convictions 
when determining a sentence. 
Violation of this section is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A. 
Sec. V-16. 36 MRSA §4641-K, as amended by PL 2001, c. 559, 
Pt. I, §13 and affected by §15, is repealed and the following 
enacted in its place: 
§4641-K. Fa1sifying declaration of value 
1. 
Prohibition. 
A person may not: 
A. 
Knowingly falsify the declaration of value prescribed by 
section 4641-D; 
B. 
Refuse to permit the State Tax Assessor or any of the 
State Tax Assessor's agents or representatives to inspect 
property in question or any relevant books, papers, records 
or memoranda within 3 years after recording or transfer of a 
controlling interest subject to tax under this chapter; 
C. 
Knowingly alter, cancel or obliterate a part of any 
relevant books, papers, records or memoranda; or 
D. 
Knowingly make 
a false entry in any relevant books, 
papers, records or memoranda. 
2. 
Penalties. 
A person who violates this section commits a 
Class E crime. 
Sec. V-17. 36 MRSA §S332, as amended by PL 1989, c. 880, Pt. 
D, §3, is repealed and the following enacted in its place: 
§5332. 
Fai1ure to fi1e return. supp1y information. pay tax 
1. 
Failure to pay tax. fi1e return, keep records or supply 
information. 
A person commits a Class D crime if that person: 
A. 
Is required under this Part to pay any tax or estimated 
tax, 
and intentionally fails to pay that tax or estimated 
tax at the time or times required by law or regulation; 
B. 
Is required by this Part or rule prescribed under this 
Part to make a return, other than a return of estimated tax, 
and intentionally fails to make the return at the time or 
times required by law or rule; or 
C. 
Is 
required 
to 
keep 
any 
records 
Qr 
supply 
any 
information and intentionally fails to keep the records or 
supply the information, at the time or times required by law 
or rule. 
2. 
Subsequent offense. 
A person who violates subsection 1 
when the person has a prior conviction for violation of this 
section or of section 184, 5330 or 5333 commits a Class C crime. 
Title 17-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
3. 
Additional penalties. 
This section is in addition to 
other penalties provided by law. 
4. 
Presumption. 
Proof that a person filed a federal income 
tax return for a taxable year gives rise to a presumption that 
the person was required to file a federal income tax return for 
that taxable year. 
Sec. V-18. 36 MRSA §5333, as amended by PL 1989, c. 880, Pt. 
0, §4, is repealed and the following enacted in its place: 
§5333. 
False statements 
1. 
Making 
or 
aiding 
false 
tax 
return, 
statement 
or 
document. 
A person 
who 
knowingly 
makes 
and 
subscribes 
any 
return, statement or other document that contains or is verified 
by a written declaration that it is made under the penalties of 
perjury that the person does not believe to be true and correct 
as to every material matter or who knowingly aids or procures the 
preparation or presentation in a matter arising under this Part 
of 
a 
return, 
affidavit, 
claim 
or 
other 
document 
that 
is 
fraudulent or is false as to any material matter commits a Class 
o crime. 
2. 
Subsequent offense. 
A person who violates subsection 1 
when the person has a prior conviction for violation of this 
section or section 184, 5330 or 5332 commits a Class C crime. 
Title l7-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
PARTW 
Sec. W-I. 37-B MRSA §806, sub-§2, as enacted by PL 1989, c. 
464, §3, is repealed and the following enacted in its place: 
2. 
Civil penalties. 
The following penalties apply to the 
following violations. 
A. 
A person who violates section 795 is subject to a civil 
penalty of not more than $25,000. 
B. 
A person who violates section 796 is subject to a civil 
penalty of not more than $1,000. 
C. 
A person who violates section 797 is subject to a civil 
penalty of not more than $1,000. 
D. 
A person who violates section 798, subsection 1 or 2 is 
subject to a civil penalty of not more than $25,000. 
Civil 
penalties 
under 
this 
subsection 
are 
payable 
to 
the 
Emergency 
Response 
Commission 
Fund. 
These 
penalties 
are 
recoverable in a civil action. 
Minimum penalties under this 
subsection are $100 per day. 
Each day of violation constitutes a 
separate violation. 
Sec. W-2. 37-B MRSA §806, sub-§3, as enacted by PL 1989, c. 
464, §3, is repealed and the following enacted in its place: 
3. 
Criminal penalties. 
The following penalties apply to 
the following violations. 
A. 
A person who 
intentionally, 
knowingly or recklessly 
fails to comply with the reporting requirements of section 
798, 
subsection 
commits 
a 
Class 
C 
crime 
and, 
notwithstanding Title 17-A, section 1301, is subject to a 
fine of not more than $25,000. 
B. 
A person who violates paragraph A when the person has a 
prior conviction for violation of paragraph A commits 
a 
Class C crime and, notwithstanding Title 17-A, section 1301, 
is subject to a fine of not more than $50,000. 
Title 17-A, 
section 
9-A 
governs 
the 
use 
of prior 
convictions 
when 
determining a sentence. 
PART X 
Sec. X-I. 38 MRSA §IOI, as amended by PL 1999, c. 355, §23, 
is repealed and the following enacted in its place: 
SIDI. 
Surrender of revoked or suspended license 
1. 
Surrender of revoked or suspended license. 
A pilot 
whose license has been revoked or suspended shall surrender the 
license to the commission, which shall retain it until the period 
of the pilot's suspension expires. 
A suspended pilot who refuses 
to surrender the license on demand commits a civil violation for 
which a fine of not more than $5,000 for each week after the 
demand that the pilot refuses to surrender the license may be 
adjudged. 
2. 
Continuing to pilot after revocation or suspension. 
A 
pilot whose license has been revoked or suspended who continues 
to pilot commits a civil violation for which a fine of not more 
than $5,000 for each vessel piloted without a license may 
b..e. 
adjudged. 
3. 
Publication. 
The commission may cause to be published 
in a newspaper of general circulation published in the State a 
notice that that person has no authority to act as a pilot unless 
and until reinstated by law. 
Sec. X-2. 38 MRSA §349, sub-§l, as amended by PL 1997, c. 794, 
Pt. A, §7, is further amended to read: 
1. 
Criminal penalties. ARy Except as otherwise specifically 
provided, 
a person who intentionally, knowingly, 
recklessly or 
with criminal negligence violates aRy-¥-(W...i-s-ions--ef--t-he--laws g 
law 
administered 
by 
the 
department, 
including, 
without 
limitation, 
a violation of the terms or conditions of aRY 
aX! 
order, rule, license, permit, approval or decision of the board 
or commissioner, or who disposes of more than 500 pounds or more 
than 100 cubic feet of litter for 
a 
commercial purpose, 
in 
violation of Title 17, section 6694 2264-A, 
is-~Qil~y-ef commits 
a 
Class 
E 
crime 
aRa--ffiaY--~-~~-~~~~~Yr--eHee~tT 
Re~withs~aRaiR~. 
Notwithstanding 
Title 
17-A, 
section 
1301, 
sQaSeetieR--~-A7--~~~-~--eF--~J~~~--~~~---&&G~~n--l~91T 
sQaSee~ieR-~-~r~~-ET the fine for sQeh a violation of this 
subsection may not be less than $2,500 ReF and not more than 
$25,000 for each day of the violation, except that the minimum 
amount for knowing violations is $5,000 for each day of violation. 
This subsection does not apply to actions subject to the criminal 
penalties set forth in section 1319-T. 
Sec. X-3. 38 MRSA §349, sub-§2, as amended by PL 1 9 8 g, c. 282, 
§3 and c. 820, §10, is further amended to read: 
2. 
Civil penalties. 
ARy Except as otherwise specifically 
provided, a person who violates 
aRy-~.g.yJ-sJtl-B--O£--t;.he--laws a law 
administered by the department,. including, without limitation, a 
violation of the terms or conditions of aRY 
an order, 
rule, 
license, 
permit, 
approval 
or 
decision 
of 
the 
board 
or 
commissioner, or who disposes of more than 500 pounds or more 
than 100 cubic feet of litter for 
a 
commercial purpose, 
in 
violation of Title 17, section 6694 2265-A, 
is-6~Bjee~-~e commits 
a civil peBal~Yr-paya91e-~9-~he-Stater violation for which a fine 
of not less than $100 BeF and not more than $10,000 for each day 
of that violation or, if the violation relates to hazardous 
waste, of not more than $25,000 for each day of the violation may 
be adjudged. 
Sec. X-4. 38 MRSA §349, sub-§3, as amended by PL 1989, c. 282, 
§4 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §7, 
is repealed and the following enacted in its place: 
3. 
Falsification and tampering. 
A person may not knowingly: 
A. 
Make a false statement, representation or certification 
in an application, record, report, plan or other document 
filed or required to be maintained by any law administered 
by the department or by any order, rule, license, permit, 
approval or decision of the board or commissioner: 
B. 
Tamper with or render inaccurate a monitoring device or 
method required by any law or by any order, rule, license, 
permit, approval or decision of the board or commissioner: or 
C. 
Fail to comply with an information submittal required by 
the commissioner pursuant to section 568, subsection 3 or 
section 1364, subsection 3. 
A person who violates this subsection commits a Class E crime. 
Notwithstanding Title 17-A, section 1301, a fine for a violation 
of this subsection may not be more than $10,000. 
Sec. X-So 38 MRSA §418, sub-§l, as affected by PL 1989, c. 
890, Pt. A, §40 and amended by Pt. B, §35, is repealed and the 
following enacted in its place: 
1. 
Prohibitions. A person, firm, corporation or other legal 
entity may not place logs or pulpwood: 
A. 
Into the inland waters of the State for the purpose of 
driving the logs or pulpwood to pulp mills, lumber mills or 
any other destination, except to transport logs or pulpwood 
from islands to the mainland: 
B. 
On the ice of any inland waters of the State, except to 
transport logs or pulpwood from islands to the mainland: or 
C. 
Into the inland waters of the State for the purpose of 
storage or 
curing the 
logs 
or 
pulpwood, 
or 
for 
other 
purposes incidental to the processing of forest products, or 
to transport logs or pulpwood from islands to the mainland, 
without 
a 
permit 
from 
the 
department 
as 
described 
in 
subsection 2. 
Sec. X-6. 38 MRSA §423, as amended by PL 1989, c. 502, Pt. B, 
§49, is repealed and the following enacted in its place: 
§423. 
Discharge of waste from watercraft 
1. 
Discharge from watercraft prohibited. 
A person, firm, 
corporation or other legal entity may not discharge, spill or 
permit to be ~ischarged sewage, garbage or other pollutants from 
watercraft: 
A. 
Into inland waters of the State: 
B. 
On the ice of inland waters of the State: or 
c. 
On the banks of inland waters of the State in a manner 
that the pollutants may fall or be washed into the waters or 
in a manner in which the drainage from the banks may flow 
into the waters. 
2. 
Holding tank required. 
A person, firm, corporation or 
other legal entity may not operate upon the inland waters of the 
State a watercraft that has 
a permanently installed sanitary 
waste disposal system if it does not have securely affixed to the 
interior discharge opening of the sanitary waste disposal system 
a holding tank or suitable container for holding sanitary waste 
material so as to prevent its discharge or drainage into the 
inland waters of the State. 
3. 
Watercraft defined. 
For the purposes of this section, 
"watercraft" 
has 
the 
same 
meaning as 
provided in Title 12, 
section 7791, subsection 14, except that "watercraft" includes 
houseboats. 
Sec. X-7. 38 MRSA §483-A, as amended by PL 1995, c. 704, Pt. 
A, 
§7 and affected by Pt. C, §2, is repealed and the following 
enacted in its place: 
§483-A. Prohibition 
1. 
Approval required. 
A person may not construct or cause 
to be constructed or operate or cause to be operated or, in the 
case of a subdivision, sell or lease, offer for sale or lease or 
cause to be sold or leased any development of state or regional 
significance 
that 
may 
substantially 
affect 
the 
environment 
without first haying obtained approval for this construction, 
operation, lease or sale from the department. 
2. 
Compliance with order or permit required. 
A person 
haying an interest in. or undertaking an actiyity on, a parcel of 
land affected by an order or permit issued by the department may 
not act contrary to that order or permit. 
Sec. X-8. 38 MRSA §967, as enacted by PL 1979, c. 459, §l, is 
repealed and the following enacted in its place: 
§967. 
EnforCement, inspection and penalties for violations 
1. 
Effect of standards, rules and orders. 
Standards, rules 
and orders issued by the commission pursuant to this chapter have 
the force and effect of law. 
2. 
Conformance 
reqgired. 
A person 
may 
not 
undertake 
deyelopment except in conformance with this chapter 
and the 
standards. rules and orders issued by the commission pursuant to 
this chapter. 
Real estate or personal property may not exist or 
be used in yiolation this chapter or the standards, rules and 
orders issued by the commission pursuant to this chapter. 
3. 
Ensuring 
compliance: 
access. 
For 
the 
purposes 
of 
inspection 
and 
to 
ensure 
compliance 
with 
this 
chapter 
and 
standards, rules and orders issued by the commission pursuant to 
this chapter, commission members. staff, consultant personnel and 
designated municipal Officials may conduct such investigations. 
examinations, tests and site evaluations determined necessary to 
verify information presented to the commission and may obtain 
access to any lands and structures subject to this chapter. 
4. 
Violations. 
A person who violates a provision of this 
chapter 
or 
of 
standards, 
rules 
and 
orders 
issued 
by 
the 
commission pursuant to this chapter commits a civil violation for 
which a fine of not more than $100 for each day of the violation 
may be adjudged. 
In addition, the person's permit. certificate 
of compliance or variance issued by the commission is subject to 
revocation. 
5. 
FalsificatiQD. 
A person who intentionally or knowingly 
falsifies a statement to the commission commits a civil violation 
for which a fine of not more than $1. 000 may be adjudged. 
In 
addition, 
the person's permit, 
certificate of 
compliance 
or 
yariance granted by the commission in reliance on such statement 
must be revoked. 
6. 
Additional remedies. 
I~ addition to enforcing any other 
penalties proyided. either the commission Qr the Attorney General 
may 
institute 
any 
appropriate 
action, 
injunction 
or 
other 
proceeding to prevent. restrain, correct or abate a violation of 
this chapter or the standards, rules and orders issued by the 
commission pursuant to this chapter. 
7. 
Commission's status. 
Subject to written approval of the 
Attorney General as provided in Title 5, section 191 and within 
the limits of the commission's budget, the commission may retain 
private 
counsel 
for 
the 
conduct 
of 
commission meetings 
and 
hearings and advice on other legal matters. 
Sec. X-9. 38 MRSA §972 is repealed and the following enacted 
in its place: 
§972. 
Conyers ion as theft 
1. 
Prohibition. 
A person may not, personally or by another 
in the person's employment. intentionally or knowingly take and 
convert to 
the person's 
own 
use 
any 
log, 
mast or spar 
as 
described in section 971 for the purpose of its being driven to a 
market or place of manufacture. 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 1 when the value of the 
log, mast or spar is more than $10,000 commits a Class B 
crime. 
B. 
A person who violates subsection 1 when the person is 
armed with a dangerous weapon at the time of the offense 
commits a Class B crime. 
C. 
A person who violates subsection 1 when the value of the 
property is more 
than $2,000 but not more than $10,000 
commits a Class C crime. 
D. 
A person who violates subsection 1 when the value of the 
property is 
more 
than $1,000 
but not more 
than $2,000 
commits a Class D crime. 
E. 
A person who violates subsection 1 commits a Class E 
crime. 
F. 
A person who 
violates subsection 
or attempts 
to 
violate subsection 1 
when the person has 
prior Maine 
convictions for any combination of the following commits a 
Class C crime; 
theft: any violation of Title 17-A, section 
in which the crime int,ended to be committed inside the 
structure was theft: any violation of Title 17-A, section 
651: any violation of Title 17-A, section 702, 703 or 708. 
Title 17-A, section 9-A governs the use of prior convictions 
when determining a sentence. 
Sec. X-IO. 38 MRSA §1316-M, sub-§4, as enacted by PL 1995, c. 
579, §5, is amended to read: 
4. 
Transporting without license or manifest; penalties. 
A 
person who in fact transports scrap tires without a license or 
without a manifest as required by department rules commits a 
Class E crime 
i€--\::ha-t.---pe-c-stHl---iB--fae1;:,--t~-anspo-r-t-s---6£-£~-l:;iFes 
wil:;heHI:;-a-~4£e~-6e-~-~~~-~~if~~-~~i~-ay-aepaFl:;meB~ 
FHles. 
Violation of this subsection is a strict liability crime 
as 
defined in Title 17-A, 
section 34, 
subsection 4-A. 
The 
minimum fines for transporting scrap tires without a manifest are 
as follows: 
€eF-~-~~~~1t~-a-£e~46~e£ee-~~~ight-~f-HP 
te-~~-peHBe6T-~--feF-~-vehiele-~-t~-a-~~~~~-~Fe6s 
wei~ht-~--ael:;weeB-~,~~-aBa-~,~-peHBa6T-~,~r-aBa-~~--a 
vehiele-~1t~-a--~i&t~~-~-£~-66-~~at.--~-~V&~-~~-peHBesT 
$4TsQQT--~~~~~&~~-fiBe-~-ae1;:,-~~r-aHt-~~-~-Be 
FeaHeea-By-~he-~~~-~-~~~~-~~~~-&y-1;:,he-I:;FaB6peFteF 
€eF--Gi&~&a~-~--~~-~-£~£kJ~ae--e€--t.-ir&&-~-~-J4£e~-6ee--was~e 
€aeilitYT--A-pe£6eB-£~~-6-~~~~~-~-~f-t.-hat.--pe~sear-afl:;eF 
aeiB~--€i~ee--~~--~-~~~-~f--~--maaifes1;:,--Fe~HiFemeBtsT 
tFaB6peFts-~he--t~~~-~-aB-~~~4£~-6ee7-~-~&~-faeili~YT 
NetwithstaBaiB~-~4~Je-~~~-~-~-~~~r-l:;he-~4~e-~~-~~~as&-E 
eFime-HBaeF-~h4-6--6~e£~~~~~-~~~~-pe~-vielal:;ieBT 
aBe-~~-~~-€eF-~~ba&&-Q-~~~~r-thi6-~~~~~Y-Bel:; 
eHeeea-$6sTQQQ-peF-vielal:;ieBT 
A. 
For a vehicle with a registered gross weight of up to 
12,000 pounds, $500; 
B. 
For a vehicle with a registered gross weight of between 
12,001 and 34,000 pounds, $2,000; and 
C. 
For a vehicle with a registered gross weight of over 
34,000 pounds, $4,500. 
This minimum fine may not be suspended, but it may be reduced by 
the amount of the disposal fee paid by the transporter for 
disposal of the truckload of tires at a licensed waste facility. 
Notwithstanding Title 17-A, section 1301, the maximum fine under 
this subsection is not more than $10,000 per violation. 
Sec. X-II. 38 MRSA §1316-M, sub-§5 is enacted to read: 
5. 
Transporting after citation. 
A person who, after being 
cited for a violation of the manifest requirements, transports 
scrap tires to an unlicensed, nonexempt waste facility commits a 
Class 
D 
crime. 
Violation 
of 
this 
subsection 
is 
a 
strict 
liability crime as defined in Title 17-A, section 34, subsection 
4-A. 
Notwithstanding Title 17 A, section 1301, the maximum fine 
under this subsection is not more than $25,00Q per violation. 
PARTY 
Sec. Y-t. t4 MRSA §S604 is enacted to read: 
§S604. 
Monetary sanctions 
1. 
Designation. 
A monetary sanction authorized by law and 
imposed by the court for a civil violation may be designated-A 
"fine," "penalty," "forfeiture," "surcharge" or "assessment" or 
may be designated by another similar term. 
2. 
Civil 
violation. 
Use 
of 
the 
terminology 
under 
subsection 
in describing 
a 
monetary sanction for 
a 
civil 
violation does not limit or prohibit the application of Title 
17-A, section 4-B, subsection 3. 
Sec. Y -2. Effective date. 
This Act takes effect July 1, 2004. 
This bill is 
Information System, 
2QOl, chapter 45. 
SUMMARY 
the 
report of 
the 
Maine 
Criminal 
MCJUSTIS, 
Policy Board pursuant to 
Justice 
Resolve 
MCJUSTIS 
is an information clearinghouse, 
the purpose of 
which is to provide access to shared uniform information on 
criminal defendants and crime data. 
In order for the information 
to be uniform and accurate, it must be entered and accessed by 
all participants in the same way. 
To ensure that crimes are 
entered accurately, 
the statutes defining each crime must be 
precise and narrow enough to ensure that citing to the specific 
statutory unit will be the same as describing the elements and 
class 
of 
that 
exact 
crime. 
There 
must 
be 
a 
one-to-one 
relationship between each crime 
and the statutory unit that 
defines it. 
The 
120th Legislature enacted Public 
Law 
2001, 
chapter 383, which revised the Maine Criminal Code to establish 
that one-to-one 
relationship 
for 
each 
crime 
and 
its unique 
statutory cite. 
This bill revises crimes and civil violations in 
all other Titles of the Maine Revised Statutes that require 
amendment to ensure that each crime and civil violation has its 
own unique statutory cite. 
The original resolve directed the MCJUSTIS policy board to 
propose only those changes to the laws that are necessary to 
result in a unique statutory cite for each violation. 
In working 
through each crime and civil violation in the Maine 
Revised 
Statutes, 
the MCJUSTIS 
policy board and staff used drafting 
standards that were adopted in Public Law 2001, chapter 383 and 
sought input from state department and agency representatives, 
including 
assistance 
from 
the 
Attorney 
General's 
office. 
Comments 
and drafting suggestions from these departments were 
incorporated into this bill. 
In addition to the MCJUSTIS formatting changes, Public Law 
2001, chapter 383 identified several drafting changes that were 
substantive in nature and necessary to accomplish the MCJUSTIS 
policy board's directive. 
These 
changes also apply in this 
bill. 
Specifically, the category of substantive changes that are 
necessary relates to how to handle facts about a crime that are 
not technically elements of the crime but are currently used for 
determining the class of crime for sentencing purposes. 
The 
statute currently does 
not require that such 
"enhancers" 
be 
proved beyond a reasonable doubt by the prosecution. 
The Law 
Court has required, however, that the prosecution must prove such 
facts beyond a reasonable doubt if the facts are to be used to 
make the underlying crime a higher class than it would otherwise 
be 
or 
would 
require 
a 
specific 
punishment. 
This 
bill 
incorporates each enhancer into the elements of the crime that it 
enhances. 
This results in the statutory requirement that the 
enhancer be proved beyond a reasonable doubt in order to secure a 
conviction for that crime at that class. 
The enhancers that this 
bill includes are for prior convictions. 
When a person has a 
prior conviction for committing the same or another crime, that 
prior conviction may sometimes be used to enhance the penalty, 
but the State must plead and prove to a jury that the prior 
conviction 
did 
occur, 
instead 
of 
the 
court 
making 
that 
determination in order to 
enhance 
a 
crime at the 
point of 
sentencing. 
The bill adopts the standard language used in Public Law 
2001, chapter 383 for referring to prior convictions when prior 
convictions are used to affect one class of a newly committed 
crime. 
Provisions 
in 
the 
bill 
that 
include 
these 
prior 
convi~tions cite the Maine Revised Statutes, Title 17-A, section 
9-A, which provides general rules for using prior convictions to 
enhance a new crime. 
These general rules are consistent with 
most 
existing 
provisions 
concerning 
the 
use 
of 
prior 
convictions. 
The bill rewrites 
as 
an 
element 
of 
a 
crime 
any 
fact 
regarding the crime that is used to establish the class for the 
crime or the appropriate sentence. 
This is a substantive change, 
although it will 
make 
little difference 
in 
how 
cases 
are 
currently prosecuted. 
Civil violations are frequently prosecuted in a different 
manner than crimes. 
It is not uncommon for a prosecution for a 
civil violation to be initiated after the violator has committed 
several civil violations. 
At the time that violator comes to 
court, the prosecutor may charge the violator with more than one 
violation. 
These 
violations 
may 
be 
usee 
to 
enhance 
the 
violator's penalty if the violator is adjudicated as having 
committed 
multiple 
violations. 
Instead 
of 
using 
the 
prier 
conviction 
language 
explained 
above 
for 
committing 
multiple 
crimes, 
the bill specifies that enhanced penalties for civil 
violations may be applied if the violator has previously violated 
that statute or another statute, as specified. 
The bill identifies those crimes that do not require 
a 
culpable state of mind as strict liability crimes as defined in 
Title l7-A, section 34, subsection 4-A. 
This distinction is not 
made for civil violations. 
The bill includes 
language 
to 
make 
the statutes gender 
neutral and to correct and update grammar. 
"Exceeds" is changed 
to "more than, " and "under" is changed to "less than. " 
These 
changes are made for consistency and are not intended to be 
substantive. 
The 
bill 
changes 
reference 
to 
all 
monetary 
sanctions 
authorized by law, 
including fines, 
forfeitures, penalties or 
surcharges imposed by the court for a civil violation, to "fine" 
unless the sanction is payable to an entity other than the State, 
in which case the sanction continues to be identified as a 
civil 
penalty. 
A general provision that indicates this change is added 
to 
Title 
14. 
Current 
law 
distinguishes 
between 
monetary 
sanctions 
for 
civil violations based 
on 
the 
amount 
of 
the 
penalty. 
If the sanction is less than $1,000, it is called a 
civil forfeiture. 
If the sanction is more than $1,000, it is 
called a civil penalty. 
Because "forfeiture" frequently carries 
a different meaning under the statutes and because a distjnction 
based upon the monetary amount of 
a 
sanction appears to be 
unknown to many and often used inconsistently even by those aware 
of the distinction, the bill instead uses "fine" to refer to all 
monetary sanctions for civil violations, just as the term is used 
for crimes. 
Again, the only exception to this in the bill is 
when the monetary sanction is to be paid to someone other than 
the State, in which case "civil penalty" continues to be used to 
distinguish to whom the sanction is paid. 
The bill also adds an effective date of July 1, 2004 in 
order to give district attorneys, the courts and others adequate 
time to update their charging instruments and computer systems.