An Act To Make Revisions to the Maine Revised Statutes Relating to Agricultural Fairs
Maine Legislature, Session 122, LD 1985
Committee: Agriculture, Conservation and Forestry
Amends: 5 MRSA §12004-G, 8 MRSA §271, 8 MRSA §287, 8 MRSA §289, 8 MRSA §295, 8 MRSA §298, 8 MRSA §1036, 13-B MRSA §201, 17 MRSA §330, 17 MRSA §331, 17 MRSA §332, 22 MRSA §1607, 36 MRSA §652, 38 MRSA §488

Legislative Document 
No. 1985 
H.P.1391 
House of Representati ves, January 31, 2006 
An Act To Make Revisions to the Maine Revised Statutes Relating 
to Agricultural Fairs 
Reported by Representative PIOTTI of Unity for the Department of Agriculture, Food and 
Rural Resources pursuant to Public Law 2005, chapter 382, Part G, section 1. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed under Joint Rule 218. 
Printed on recycled paper 
!r/~/h.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-G, sub-§3-A, as amended by PL 2001, c. 
421, Pt. B, §l and affected by Pt. C, §l, is further amended to 
read: 
3-A. 
Agriculture 
Pull Events 
Commission 
Expenses 
Only 
Sec. 2. 7 MRSA c. 3, as amended, is repealed. 
Sec.3. 7 MRSA c. 4 is enacted to read: 
CBAP'l'ER 4 
AGRICQL"l.VR.AL FAIRS MID PULLIBG EVER".rS 
Sal. Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Agricultural fair. 
"Agricultural fair" or "fair" means 
an exhibition that is designed to promote education and encourage 
improvement in agriculture and that includes, but is not limited 
to, the following: 
A. 
The awarding of premiums for livestock competitions; 
B. 
The 
display 
of 
and 
awarding 
of 
premiums 
for 
horticultural products; and 
C. 
The display and presentation of agricultural activities 
and projects undertaken by youth organizations. 
2. Agricultural society. 
"Agricultural society" 
means 
a 
nonprofit organization or association incorporated in the 'State 
to promote education and encourage improvement in agriculture. 
3. Animal. 
"Animal" means an animal entered in an event. 
4. Event. 
"Event" means 
a 
public pulling competition or 
livestock exhibition. 
4.6 
5. 
Fair Fund. 
"Fair Fund" means the fund established in 
section 85. 
6. Fair licensee. 
"Fair licensee" or "licensee" means 
a 
person, agricultural society or other entity licensed to conduct 
an agricultural fair in accordance with section 83. 
1. Licensed veterinarian. 
"Licensed veterinarian" means 
a 
person licensed as a veterinarian by the State who is operating 
under the direction or authority of the department. 
. 
. 
. 
8. Liyestock. 
"Livestock" means cattle, 
equines, 
goats, 
memberS of the genu's Lama, rabbits, sheep and swine. 
9~ 
poultry. 
"Poultry" 
means 
domesticated 
fowl 
and 
domesticated waterfowl." 
10. Premium. 
"Premium" means a ribbon, trophy or monetary 
amount or a service or object with monetary value awarded as a 
prize for competing in an event. 
11. 
Prohibited substance. 
"Prohibited substance" means: 
A. 
A 
stimulant, 
depressant, 
tranquilizer 
or 
local 
anesthetic 
that 
could 
affect 
the 
conduct, 
actions, 
endurance, 
strength, 
speed, 
performance, 
appearance 
or 
disposition of an animal; 
B. 
Any substance that the commissioner through rulemaking 
in accordance with section 96, subsection 6 determines could 
affect the conduct, 
actions. 
endurance, 
strength. 
speed, 
performance, "appearance or disposition of an animal; 
C. 
A drug, regardless of how harmless or innocuous, that 
interferes 
with 
the 
detection 
of 
any 
other 
prohibited 
substance; or. 
D. 
A metabol~te or derivative of a prohibited substance. 
12. Stipend. 
"Stipend" means an amount distributed from the 
Stipend Fund or the Fair Fund to a qualifying fair licensee. 
13. 
StiPftnd Fund. "Stipend Fund" means the fund receiving 
money in accordance with Title 8, sections 286 and 287 to provide 
aid and encouragement to fair licensees. 
14. 
Trainer. 
"Trainer" 
means 
a 
person 
who 
has 
the 
responsibility for the care, training, custody or performance of 
an animal, including, but not limited to, any person who signs an 
entry blank for an event. 
S82. 
Commissioner's duties and powers 
1. 
Licensing and 
apportionment. 
The 
commissioner 
shall 
issue 
fair 
licenses 
in 
accordance 
with 
section 
83. 
The 
commissioner shall apportion annually the stipend due from the 
Stipend Fund and the Fair Fund to gualified fair licensees. 
2. 
Administration of 
Stipend 
Fund 
and 
Fair 
Fund. 
In 
administering the provisions of this chapter pertaining to the 
Stipend Fund and the Fair Fund, the commissioner shall: 
A. 
Issue blanks for a licensee or the appropriate officer 
of 
a 
licensee 
to 
Submit 
information necessary 
for 
the 
commissioner to obtain full knowledge of the licensee's work 
for each year: 
B. 
Certify to the Goyernor the amount of stipend due a 
licensee: and 
C. 
Make distributions from the Stipend Fund and the Fair 
Fund in accordance with this chapter. 
3. 
Authority to SUDaQns. 
The commissioner may summon and 
examine on oath an officer or director of any entity holding a 
fair license or 
any person whose 
testimony the 
commissioner 
considers necessary in the proper discharge of the commissioner's 
duties 
under 
this 
chapter. 
The 
commissioner 
may 
reguire 
witnesses to offer for examination books or records in their 
custody or control that the commissioner considers necessary for 
the performance of the commissioner's duties. 
4. 
Authorization 
for 
pument. 
The 
commissioner 
may 
authorize payment of a stipend only to a fair licensee that has 
adhered to the reguirements of this chapter. 
A fair licensee is 
not entitled to 
a 
stipend unless the licensee completes and 
returns blanks issued in accordance with subsection 2. Neglect or 
failure on the part of a licensee to adhere to the reguirements 
of 
this 
chapter 
is 
sufficient 
cause 
for 
withholding 
that 
licensee's stipend. 
5. 
Rulemating. 
The 
commissioner 
shall 
adopt 
rules 
to 
establish 
procedures 
for 
licensing 
and 
awarding 
dates 
for 
agricultural 
fairs 
and 
performance 
standards 
for 
evaluating 
agricultural fairs. 
Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
4.6 
S83. 
Licensing of agricultural fairs 
A person or entity is not eligible to receive a stipend 
unless that person or entity has been issued a license by the 
department to hold an agricultural fair. 
1. Application: fee. 
A person or entity applying for 
a 
license under this section must submit a completed application 
form and a $10 license fee to the commissioner no later than 
March 31st in the calendar year preceding the first year of the 
license. 
The 
application for 
the 
license must 
contain the 
information prescribed by the commissioner and must be signed and 
sworn to by the applicant. 
When the applicant is an agricultural 
society. an executive officer of the society must sign and swear 
to the information on the application. 
2. 
Issuapce of license. 
If satisfied that an applicant 
will comply or. if an applicant has previously held a license. 
that the applicant has complied and will continue to comply with 
the requirements of this chapter and rules adopted pursuant to 
this chapter. 
the 
commissioner 
may 
issue 
a 
license 
to 
the 
applicant for an agricultural fair. 
A license is issued for 3 
.consecutive 
years 
and 
only 
for 
the 
dates 
assigned 
by 
the 
commissioner in accordance with section 84. 
S84. Fair dates 
1. Assigned fair dates. The commissioner shall set the dates 
for which an agricultural fair license is effective in accordance 
with rules· adopted pursuant to section 82. subsection 5. No later 
than May 15th of the calendar year preceding the first year of 
each 3-year license period, 
the commissioner shall announce the 
assignment of fair dates and issuance of licenses. 
2. 
Regyests for Changes in dates. 
A licensee may petition 
the commissioner for a change in the fair dates assigned under 
this section. 
The petition must be received a minimum of 90 days 
prior to the licensee' s first assigned fair date for that year. 
Upon receipt of the petition. the commissioner shall reconsider 
the dates assigned, following the same procedure by which the 
dates were originally assigned, and shall make a determination 
within 30 calendar days. 
3. 
Cancellation or reduction in fair days. 
A licensee 
shall notify the commissioner of a cancellation or any proposed 
decrease in the number of days of a fair. This notification must 
be made a minimum of 60 days prior to the first fair day assigned 
to the licensee for a given year. 
S8S. 
Fair Fund 
The Treasurer of 
.Q.hall annually credit 
amount designated as 
section 
to the 
State shall establish the Fair Fund and 
a Sum of money equal to 5% of the total 
state share in accordance with Title 8, 
Fair 
Fund. 
The 
commissioner shall make 
, 
distributions from the Fair Fund only to licensees eligible for a 
stipend under section 86, subsections 5 and 6. 
Distributions are 
prorated according to 
the 
amount of 
premiums 
and gratuities 
actually paid by those licensees in full and in cash or valuable 
equivalent. 
Restrictions on premiums 
and gratuities used to 
determine apportionment of a stipend under section 86, subsection 
apply to distribution from the Fair Fund. 
S86. 
Stipend Fund 
1. 
Annual distribution. 
The 
commissioner shall annually 
distribute all money contributed to the Stipend Fund under Title 
8, sections 286 and 287 to qualified licensees in accordance with 
this section. 
2. 
Distribution of funds to fair licensees that conduct 
pari-mutuel 
racing. 
Forty-four 
percent 
of 
the 
amounts 
contributed to the Stipend Fund under Title 8, sections 286 and 
must be divided into equal amounts for reimbursement to each 
licensee that: 
A. 
Conducts pari-mutuel racing in conjunction with its 
annual fair: 
B. 
Has improved its racing facilities: and 
C. 
Has met the standards for facility improvements set by 
the commissioner for that licensee. 
A licensee that has not complied with the improvement standards 
set by the commissioner for a given year is not eligible for a 
reimbursement under this subsection for that year. 
3. 
Distribution of funds to fair licensees who do not 
conduct 
pari-mutuel 
racing. 
Eight 
percent 
of 
the 
amount 
contributed to the Stipend Fund under Title 8, sections 286 and 
for 
a 
calendar 
year 
must 
be 
divided 
into 
amounts 
in 
proportion to the sums 
e~pended for premiums by the licensee in 
that year for reimbursement to each licensee that: 
A. 
Does not conduct pari-mutuel racing: and 
B. 
Has met the standards for facility improvements set by 
the commissioner for that licensee. 
A licensee that has not complied with the improvement standards 
set by the commissioner for a given year is not eligible for a 
reimbursement under this subsection for that year. 
4. 
E~nditures for administration and inspection services. 
The commissioner may expend annually up to 13'\. of the Stipend 
Fund for administrative and inspection services provided under 
this chapter. 
5. 
Distribution to all eligible licensees. 
The 
amount 
remaining in the Stipend Fund after distributions in accordance 
with subsections 2, 3 and 4 must be divided among fair licensees 
meeting 
the 
eligibility criteria 
in 
subsection 
6, 
prorated 
according to the amount of premiums and gratuities actually paid 
by those licensees in full and in cash or valuable equivalent. 
In determining distribution under this subsection, no allowance 
is made on premiums offered and paid by a licensee at any event 
held other than during the period at which its annual fair is 
held. 
Allowance may not be made or consideration given for lump 
sums, payments or premiums previously arranged and agreed upon 
for 
the presentation and display of any animals or products 
without regard to competition. 
Premiums and gratuities used to determine apportiOnment under 
this subsection are limited to those paid for: 
A. 
Livestock and poultry: 
B. 
Vegetables, grains, fruits and flowers: 
c. 
Products derived from livestock: 
D. 
Home-canned, home-cooked and home-baked goods: 
E. 
Grange and farm exhibits: 
F. 
Boys' and girls' club exhibits: 
G. 
Mechanical arts exhibits: 
H. 
Domestic and fancy articles produced in the home: 
I. 
Pulling contests for eguines and oxen; and 
J. 
Pulling contests for farm tractors and pickup trucks. 
6. 
Eligibility for stipend. 
A licensee is not entitled to 
a stipend under this chapter unless: 
A. 
The licensee holds a license that is valid for the year 
for which the stipend is calculated: 
B. 
Exhibits 
of 
vegetables, 
fruits, 
grains 
or 
dairy 
products, are regularly displayed in an attractive manner 
upon the fairgrounds during the fair, the products exhibited 
are representative of those produced in the county in which 
the fair is held 
and 
the quality of 
the products is 
acceptable to the commissioner; 
C. 
The health status of domestic animals shown or exhibited 
at the fair satisfies the health requirements established by 
the commissioner in accordance with section 1811 and rules 
adopted pursuant to section 1752; 
D. 
The fair is conducted in accordance with performance 
standards established in rules adopted pursuant to section 
82, subsection 5: and 
E. The minimum premiums established in subsection 7 are paid. 
7. Minimum premiums required. 
To be eligible to receive a 
stipend, a licensee must: 
A. 
Upon receiving an initial license, spend a minimum of 
$750 per year on premiums 
for 
years for displays of 
agricultural products, excluding premiums for equine and ox 
pulling contests and farm tractor and pickup truck pulling 
contests; and 
B. 
Upon 
fulfilling 
the 
requirement 
under 
paragraph 
A, 
continue to spend a minimum of $1,200 on premiums yearly for 
displays of agricultural products, excluding premiums for 
equine and ox pulling contests and farm tractor and pickup 
truck pulling contests. 
a. 
Maximum 
allowed 
distribution 
from 
Stipend 
Fund. 
A 
licensee mQY not receive a stipend from the Stipend Fund greater 
than the amount actually raised and spent by the licensee on 
premiums and gratuities in the classes provided in subsection 5. 
A licensee may not receive a stipend from the Stipend Fund in 
excess of $10,000, except that this limitation does not apply to 
any additional stipend provided for by Title 8, section 287 or to 
funds distributed from the Fair Fund or the Agricultural Fair 
Support Fund in accordance with section 91. 
S07. 
Licensees ineligible for stipend 
1. 
Distribution of profits as primary pu~se. A licensee 
is not eligible for a stipend if the licensee is an entity with 
stockholders or members and the commissioner determines that the 
primary purpose of the licensed entity is the distribution of 
profits to its members or stockholders. 
2. Pr_ias on up registered males prohibited. 
A stipend may 
not be paid to any licensee offering or paying premiums in 
breeding classes on male animals not recorded in the books of 
record 
for 
their 
respective 
breeds 
as 
recognized 
by 
the 
commissioner. 
The commissioner may make verification of breed 
ncords a part of the sworn certificate 
re~uired under section 
88, subsection 1, paragraph A. 
SSS. 
Filing and certification: investigation of cQIPlaipts 
1. Filing requireMut. 
A licensee may not receive payment 
of a stipend or state aid by special appropriation until: 
A. 
The 
licensee files 
a 
.amount of money raised by 
the fair 
and 
the 
amount 
premiums: and 
sworn certificate stating the 
the licensee in connection with 
actually awarded 
and paid in 
S. 
The commissioner submits a certificate to the executive 
director of the State Harness Racing Commission stating that 
the commissioner has examined the claim of the licensee and 
determined that the licensee has complied with sections 86 
and 87 and h~s awarded and paid as premiums and gratuities a 
Sum 
e~ual to or greater than the stipend received by the 
licensee. 
2. Investigation of complaints. 
Upon receiving a written 
and 
signed 
complaint 
alleging 
a 
violation of 
this 
chapter 
relating to the payment of state aid in any form to a licensee, 
the commissioner may investigate the alleged violation and employ 
such 
agents 
and 
counsel 
as 
necessary 
to 
aid 
in 
the 
investigation. 
Expenses incurred for an investigation under this 
subsection are paid out of the general appropriation for state 
aid 
to 
licensees. 
When 
an 
investigation 
determines 
that 
a 
licensee 
has 
violated 
this 
chapter, 
the 
expense 
of 
the 
investigation is paid from the amount that would otherwise have 
!;I.een 
p.a.~~hat licensee. If a 
licensee against which the 
~omplaint is made receives its aid by special enactment, then the 
expense of the investigation is paid from the appropriation for 
that licensee. 
SSg. 
Licensees holding pari~tuel racing meets 
In addition to other re~uirements provided in this chapter, 
a licensee that holds pari-mutuel racing meets must put on an 
agricultural fair during one racing meet each year to be eligible 
to receive a stipend. 
Exhibits must be kept in an attractive 
display for a minimum of 3 consecutive days during the meet. The 
total premium payments for these exhibits must be an amount e~ual 
to or greater than the premiums paid for pulling contests at the 
fair and race meet, and not less than 25'\. of the premiums paid 
for harness horse races conducted during the annual fair. 
The conducting of pari-mutuel betting by an entity licensed 
by the State Harness Racing Commission in accordance with Title 
8, chapter 11 is not cause for withholding that entity's stipend. 
§90. 
Annual reports 
1. 
Annual reports. 
No later than December 31st of the year 
for which a stipend is requested, a licensee claiming a stipend 
shall file with the commissioner a statement setting forth: 
A. 
The financial condition and transactions of the licensee: 
a. 
The amounts paid in premiums in each of the classes or 
displays used to determine apportionment under section 85, 
subsection 5: and 
C. 
Additional information requested by 
the 
commissioner 
relative to the character of displays and the conduct of 
exhibitions. 
The licensee shall submit the required information on blanks 
furnished by the commissioner. Upon receipt and after examination 
of these statements. and if the commissioner finds the submission 
to be accurate. complete and in accordance with sections 85 and 
86. the commissioner shall issue the certificate required under 
section 88. 
§91. Agricultural Fair Sypport Fund 
1. Fund created. The Treasurer of State shall establish an 
account to be known as "the Agricultural Fair Support Fund" and 
shall credit to it all money received under Title 8« 
section 
1036. subsection 2. paragraph D. 
2. Disbursement. No later than January 31st of each year. 
all funds held as of the end of the previous calendar year in the 
Agricultural 
Fair 
Support 
Fund 
must 
be 
distributed 
by 
the 
Treasurer of State as follows: 
A. Thirty four percent of these funds must be distributed to 
all commercial tracks as defined in Title 8, section 27S-A 
and to all fair licensees that during the previous year were 
licensed to and did accept pari mutuel wagers on harness 
horse races. These funds must be distributed in the manner 
prescribed in Title 8, section 298: and 
B. 
Sixty six percent of these funds must be divided among 
all fair licensees that were licensed during the previous 
year. These funds must be distributed to licensees according 
to the proportions established by section 86, subsection 5 
and may be used at the licensee's discretion. 
To receive 
distribution 
under 
this 
paragraph, 
a 
licensee 
holding 
pari-mutuel racing in the previous year must have been in 
compliance with section 89. 
§92. 
COnstables 
The officers of an agricultural society may appoint persons 
to act as constables at a licensed fair sponsored by that society 
for the preservation of the public peace and the enforcement of 
the regulations of the society. An appointment made under this 
section is valid only within the town where the fair is held and 
only 
for 
the 
period 
from 
noon 
of 
the 
day 
preceding 
the 
commencement 
of 
the 
fair until 
noon of 
the 
day 
after the 
termination of 
the fair. 
A constable 
appointed 
under 
this 
section has the powers and duties of a constable under Title 
30-A, section 2673. 
§93. 
Property manAgement 
An agricultural society may acguire and hold property, real 
and personal. The annual income from this property must be used 
for the purposes stated in the society's charter. The treasurer 
for a society may receive conveyances or leases of property for 
the society, and hold, sell, mortgage or pledge the property. 
A 
treasurer using this authority to manage property shall give 
bonds to the trustees of the society for safekeeping and the 
faithful discharge of the treasurer's duties. 
§94. 
Ent~ fees: lien on animals or articles 
1. 
Payment of ent~ fee. 
A person who enters an animal or 
article in a competition for premiums offered by a licensee must 
pay the entry fee in accordance with the advertised rules and 
regulations of the licensee, as long as the rules and regulations 
are not in conflict with the laws of the State or rules adopted 
in accordance with the laws of the State. 
2. 
Lien for failure to pay. When an entry fee is not paid 
as reguired under subsection 1, a lien is created upon an animal 
or article to 
secure 
payment with costs. 
The 
lien may 
be 
enforced by a civil action against the person owning the animal 
or article, or the person entering the animal or article in the 
competition. Alternatively, the lien may be enforced in the Same 
manner as liens on goods in possession. 
Page IO-LR3053(I) 
3. Exception to lien. A lien under subsection 2 does not 
affect the ownership of an animal or article when a person who 
was not responsible for the entry fee and had no notice of the 
lien purchases the animal or article. 
S95. 
Restriction on sale of goods and refreshments: lease of land 
1. 
Sale of goods and egjhitions restricted. 
A person who 
sells refreshments or other merchandise. or exhibits a show or 
play. unless in that person's own dwelling or usual place of 
business. within a quarter of a mile of the fairgrounds during 
the time a licensed fair is conducted is subject to a forfeit of 
not more than $100 to the licensee. 
2. 
Lease restricted. 
A person who 
leases any land or 
building adjoining or overlooking the fairgrounds to spectators 
of an exhibition on the fairgrounds during the time of the 
exhibition. 
without the written consent of the licensee. 
is 
subject to a forfeit of not more than $100 to the licensee. 
3. 
Recovery on complaint. 
A forfeiture under this section 
may be recovered on complaint of the licensee. 
§96. 
Use of prohibited substance: animals entered in events 
1. Prohibition on administration of prohibited substance. 
A 
person may not feed. inject. insert or otherwise administer or 
attempt to administer or instruct. aid or conspire with another 
person to administer or employ anyone who administers or attempts 
to administer a prohibited substance to an animal. 
2. 
Prohibited use or epibition of drugged anjmal. 
A 
person may not enter or use in an event an animal that has been 
administered a prohibited substance. The commissioner may require 
that 
an 
animal 
be tested for 
the presence of 
a 
prohibited 
substance before. during or after an event. 
3. 
Anj.] s 
subject to examination: 
sccu»e: 
request for 
test. 
An animal entered in an event is subject to examination 
under the direction of a licensed veterinarian or an agent of the 
licensed veterinarian. 
The 
licensed veterinarian. 
with 
the 
approval of the commissioner. may appoint technicians and agents 
to perform duties under this section that are not prohibited by 
other provisions of law. 
The examination may include pbysical « 
saliva. urine or blood tests or other tests or procedures that 
the licensed veterinarian considers necessary to carry out the 
purposes of this section. 
The licensed veterinarian may examine 
an animal entered in an event if that animal is on tbe grounds of 
the event. 
The licensed veterinarian also may examine an animal 
Page ll-LR3053(1) 
withdrawn by the owner or trainer of the animal within 24 hours 
prior to an event for which the animal had been entered. 
4. 
Refusal to '''''it aniJaal for eZMjution. 
An owner or 
trainer may not refuse to secure or restrain an animal for 
examination under this section by a licensed veterinarian or a 
technician or agent of the licensed veterinarian and may not 
interfere with the restraining or securing of an animal for that 
examination. 
5. 
Presence of prohibited substance; priaa facie evidence. 
If the chemical analysis of a test performed under subsection 3 
indicates the presence of a prohibited substance. it is prima 
facie evidence that the substance has been administered to the 
animal. 
For purposes of this section. each administration of a 
prohibited substance to an animal and each occasion on which a 
prohibited substance was administered in violation of subsection 
constitutes a separate violation. 
6. 
Authority 
of 
ca.issioner 
to 
make 
rules. 
The 
commissioner may adopt rules relating to the administration of 
tests. the care and custOgy of test samples and all other matters 
necessary to carry out the purposes of this section. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5. chapter 375. subchapter 2-A. 
7. 
Responsibility of mmer and trainer for condition of 
animal: 
substitute trainer. 
In 
the 
absence 
of 
substantial 
evidence to the contrary. the owner and trainer of an animal are 
responsible 
for 
the 
condition of 
the 
animal. 
including the 
presence 
of 
a 
prohibited 
substance. 
and 
are 
charged 
with 
knowledge of all the provisions contained in this section and the 
regulations adopted pursuant to this section. 
If a trainer is 
prevented 
from 
performing 
the 
trainer's 
duties. 
including 
responsibility for an animal under this subsection. by illness or 
other cause. or is absent from the event where an animal unger 
the 
trainer's 
care 
is 
entered 
and 
stabled. 
the 
trainer 
immegiately shall notify the secretary or general manager of the 
event. 
At the time of notification. the trainer shall specify a 
substitute trainer and the substitute trainer shall place the 
substitute trainer's name on the entry blank. 
The substitute 
trainer has the same responsibilities as the trainer concerning 
the congition of an animal in that trainer's care. 
8. 
Administrative hearing; suspension. 
In lieu of a civil 
action under subsection 9. 
the commissioner may institute an 
administrative 
proceeging 
on 
any 
alleged violation of 
this 
section. 
If 
the 
commissioner 
institutes 
an 
administrative 
proceeging. the commissioner shall give notice and an opportunity 
for hearing under Title 5. 
chapter 375. 
subchapter 4. 
Upon 
g~v~ng notice to a person who is alleged to be in violation of 
this section, the commissioner shall immediately prohibit that 
person 
from 
competing 
in 
an 
event within 
the State. 
This 
prohibition 
remains 
in 
effect 
for 
days 
or 
until 
the 
commissioner's 
decision 
following 
the 
hearing 
is 
received, 
whichever occurs first. except that the prohibition period is 
extended by any delays of the hearing reguested by the person 
against whom the violation is alleged. 
If the person against whom the violation is alleged does not 
reguest a hearing or if, after a hearing, the commissioner finds 
the person has committed the violation, the commissioner shall 
prohibit that person from competing in any event within the State 
for a period of 2 years and shall also exclude the animal from 
competing in any event within the State for a period of one year. 
9. Civil violations. A person who violates subsection L 
or 4 commits a civil violation for which the following may be 
adjudged: 
A. 
For the first violation, a fine of not less than $100 
nor more than $500; or 
B. 
For a 2nd or subseguent violation. a fine of not less 
than $500 nor more than $1,000. 
Fines adjudged under this subsection must be deposited in the 
General Fund. 
10. 
Suspension. 
When 
a 
violation is 
adjudicated 
under 
subsection 9, 
the 
commissioner shall immediately 
suspend the 
person 
adjudicated 
to 
have 
COmmitted 
the 
violation 
from 
participating in events for a period of 2 years and shall also 
exclude the animal involved from competing in any event for a 
period of one year. 
An action by the commissioner based upon an 
adjudication under this section is automatic, and there is no 
right to a hearing befOre the commissioner on the suspension. 
A 
person 
who 
participated in 
an 
event 
during 
any 
period 
of 
suspension or prohibition ordered by the commissioner under this 
subsection 
or subsection 8 and the owner and trainer of any 
animal that competes during a period of suspension or prohibition 
commit an additional violation of this section. 
11. Forfeiture. 
The owner of an animal found to have been 
administered a prohibited substance in violation of this section 
4.6 
forfeits all prize money and any trophies, ribbons and points won 
at 
an 
event 
by 
the 
affected animal. 
The 
prize 
money 
anO 
trophies, 
ribbons 
and 
points 
must 
be 
redistributed 
by 
the 
secretary or general manager of the event in accordance with its 
rules or bylaws. 
12. 
Exception: therapeutic use of drugs. 
This section does 
not prohibit the administration to an animal of a drug the use of 
which is reguired 
for 
treatment of 
an illness or condition 
unrelated to the performance of the animal in an event. 
An 
animal in an event that receives a medication that contains a 
prohibited substance is not eligible for the event. unless the 
following reguirements have been met and the facts reguested are 
./iYlLmitted as a statement in writing to the secretary or general 
manager of the event. 
A. 
The medication must be therapeutic and necessary for 
treatment of an illness or injury. 
S. 
The animal must be withdrawn from the event for a period 
of at least 24 hours after medication has been administered. 
c. 
Only a licensed veterinarian or a trainer acting under 
the direction of 
a 
licensed veterinarian may 
administer 
medication. 
The trainer may administer medication under the 
direction 
of 
a 
licensed 
veterinarian 
if 
the 
licensed 
veterinarian has assumed responsibility for making medical 
judgments regarding the health of the animal. has sufficient 
knowledge of the animal to make a general or preliminary 
diagnosis of the animal and is readily available to care for 
the animal in the event of an adverse reaction to medication 
or the failure of a trainer to adhere to a therapy regimen. 
D. 
The 
amount. 
strength and 
mode 
of 
administration of 
medication must be identified. 
E. 
The statement must include the date and time of the 
administration of medication. 
F. 
The animal must be identified by name. age, sex, color 
and entry number. 
G. 
The statement must contain the diagnosis and reason for 
administering the medication. 
H. 
The statement must be signed by the person administering 
the medication. 
I. 
The 
statement must 
be filed with the secretary or 
general manager of the event within one hour after the 
~dministration of medication or one hour after the secretary 
or general manager of the event returns to duty, if the 
administration is at a time other than during event hours. 
Page l4-LR3053(l) 
J. 
The statement must be signed by the secretary or general 
manager 
of 
the 
event 
and 
the 
time 
of 
receipt of 
the 
statement must be recorded on the statement by the secretary 
or general manager. 
If the chemical analysis of a sample taken pursuant to subsection 
from the animal treated under this subsection indicates the 
presence of a prohibited substance and all the requirements of 
this subsection have been met. the information contained in the 
statement and any other relevant evidence must be considered at a 
hearing provided under subsection 8 in determining whether there 
has been a violation of any provision of this section. 
13. 
Inapplicability to horse racing. 
This section does not 
affect laws governing horse racing or affect horse sales or horse 
auction sales when those sales are solely for 
the sale of 
racehorses or breeding stock that are used in the production of 
racehorses and when those sales are held or conducted on the 
premises of a racing association under the jurisdiction of, and 
with the authorization and approval of, the State Harness Racing 
Commission. 
As 
used in this subsection, 
"racehorse" means 
a 
live horse, 
including a stallion, mare, gelding, ridgeling, colt or filly, 
that is eligible to participate in a horse racing contest in this 
State where pari-mutuel racing is permitted under 
the rules 
adopted by the State Harness Racing Commission. 
This subsection 
does not exempt racehorses participating in an event covered by 
this chapter. 
§91. 
Pulling events betyeen apjeals 
1. Permit required. A person or entity may not sponsor a 
public or private pulling event between animals or pairs of 
animals within the State without a permit from the commissioner 
issued in accordance with this section and rules adopted pursuant 
to this section. 
2. 
Al!l!lication. 
A 
person 
or 
entity 
shall 
make 
an 
application for a permit in writing to the commissioner at l~ 
days prior to the date on which a pulling event is intended to 
take place. 
The applicant shall provide the name of the person 
or entity conducting the event, the date and place the event is 
to 
be 
held 
and 
the 
names 
of 
the 
pull 
superintendent 
and 
superintendent assistants 
appointed to officiate at the event. 
One application and one permit may include one or more separate 
events when specified. 
Permits granted under this section are 
not transferable. 
3. 
Fees. 
The cOmmissioner shall charge a permit fee of $40 
per pull day for 
an event sponsored by 
a 
person or entity 
receiving a stipend under section 86. 
The commissioner shall 
charge a seasonal permit fee of $75 to a person or entity that 
does not receive a stipend under section 86. The seasonal permit 
covers all pulls conducted by that entity for the year in which 
the permit is issued. All revenue derived from the permit fees 
must be deposited in a nonlapsing dedicated account. 
4. 
Statuto~ rules. 
A permit may not be issued under this 
section unless the person or entity conducting the event has 
9dopted the following rules governing the conduct of each pulling 
event. 
A. 
All teamsters who are to compete in contests must have 
their teams 
ready at the published starting time. 
All 
classes 
must 
be 
closed after 
the positions 
are 
drawn. 
Classes must start as nearly as possible to the published 
B. 
Check weighing must be allowed prior to the official 
weigh-in. 
All weighing must be done in the forenoon if 
possible. 
Teams must have on halters. 
Horses and ponies 
must have on shoes. 
C. 
Measuring must be in a straight line to the nearest 
point on the drag. 
Line-to-line measuring is allowed. 
The 
front of the drag must touch the line before turning. 
To 
get the full-line measure, the drag must be turned more than 
1/2 way or the back of the drag must be over the line. 
D. 
Teams 
must 
stay hooked to the drag at all times. 
Unhitching and rehitching are not allowed. 
E. 
An actual separation, breaking or bending of eguipment 
constitutes a breakdown. 
A team breaking down may take the 
distance pulled or return to the last position and pull 
over. 
Only one breakdown is allowed. 
F. 
Time limits are a maximum of 5 minutes. 
Time starts 
when the drag is moved. 
The time limit to hook on in 
distance pulls is 3 minutes. 
G. 
On horses, 
the very light use of the reins on the 
hindguarters only is allowed and over and under is not 
allowed. 
Whips, brads or goads are not allowed. 
Reins may 
not be doubled up. 
Electrical or electronic devices are not 
allowed. 
Open bridles are not allowed. 
Ponies may not be 
struck except in a sweepstakes, when they may be struck with 
a cap or bare open hand. 
Page l6-LR3053(1) 
H. 
On oxen, the use of the goad must be very light. 
The 
goad may not haye a brad in it, only a plain yoke and chain 
or pole that may be pulled, except that a 
rope may be 
allowed in children's classes as proyided in rules adopted 
pursuant to subsection 5. 
All chains must be coyered to the 
hook. 
Plastic goads are not allowed. 
The goad stick may 
not 
be 
oyer 
feet 
long 
unless 
approyed 
by 
the 
pull 
superintendent and may not exceed 112 inch in diameter on 
the 
small 
end. 
The 
goad 
stick 
may 
be 
taped but 
not 
weighted. 
The stick may be used lightly on the face to 
control the oxen but not around the eyes. 
I • 
Any number of helpers is allowed to help hitch. 
After 
hitch-on, there may be no more than 2 helpers. 
The 
helpers 
shall 
stay behind 
the 
drag 
unless 
needed 
to 
help 
the 
teamster. 
The helpers may not haye a stick. 
This paragraph 
applies to distance pulls only. 
J. 
All 
participants 
must 
be 
properly dressed. 
Proper 
language must be used at all times. 
Any participant under 
the 
influence 
of 
liquor 
must 
be 
disqualified 
from 
the 
contest. 
Tests may be made to determine intoxication. 
The 
drinking of intoxicating beverages by participants in and 
around the ring is prohibited. 
K. 
The person or entity sponsoring the event decides the 
splitting of teams. 
L. 
Heading of horses or oxen is not allowed. 
One inch 
pulled constitutes a hitch. 
Stepping over the rail counts 
as a hitch and 5 minutes are allowed for hitching. 
Three 
attempts may be made within that period. 
Time taken out to 
position the drag for the next pull may not be counted. 
Teamsters 
may 
not 
be 
chan~ed after 
the first 
load is 
pulled. 
A 
team 
deliberately 
driven 
over 
the 
rail 
is 
disqualified from the contest. 
In case of a tie on the 
longest distance, the 2nd-Ionges.t distances already pulled 
will take first place. 
Persons acting as eveners shall 
remain guiet after hitching on. 
This paragraph does not 
apply to distance pulls. 
M. 
There may not be heading of horses after a pull starts 
unless there is a mix-up, snarl or breakdown. 
N. 
A substantial barrier must be maintained at the end of 
the ring toward which the pull is proceeding to prevent or 
substantially impede runaways. 
A teamster losing control of 
the team is disgualified immediately. 
O. 
There is 100 pounds' tolerance on draft steers and oxen 
on and after Labor Day weekend. 
P. 
An animal that is thin or dehydrated, shows open sores 
or is lame is disqualified. 
O. 
Before 
a 
team is allowed to pull, 
the owner shall 
provide a certificate of liability insurance in the amount 
of $300.000. 
5. 
Rules. 
The commissioner may. with the advice of the 
Pull Events Commission, adopt rules necessary to carry out the 
purposes of this section and sections 98 and 99. 
Rules adopted 
pursuant 
to 
this 
subsection are 
routine 
technical 
rules 
as 
defined in Title 5. chapter 375, subchapter 2-A. 
§98. 
Pull Events Commission 
The 
Pull 
Events 
Commission. 
as 
authorized 
by Title 
5. 
section 12004-G. 
subsection 3-A. 
is established in accordance 
with this section. 
The Pull Events Commission consists of 9 
members: 
A. 
Two 
members 
appointed 
by 
a 
statewide 
association 
representing owners of draft horses and oxen who participate 
in pulling events: 
B. 
One 
member 
appointed by 
an association representing 
owners of oxen who participate in pulling events: 
C. 
One 
member 
appointed by 
an association representing 
owners of ponies who participate in pulling events: 
D. 
One fair superintendent appointed by a state association 
of agricultural fairs: 
E. 
One 
representative 
appointed 
by 
state 
humane 
organizations; 
F. 
One member. appointed by the commissioner, representing 
the general public: 
G. 
One member. appointed by the commissioner. representing 
the animal pulling industry: and 
H. 
One 
member appointed by the Animal Welfare Advisory 
Council. 
2. Chair: meetings: secretary. 
The Pull Events Commission 
shall elect one of its members as chair. 
The chair serves a 
2-year term and may not serve as chair for consecutive terms. 
The 
commission shall meet 
a 
m~n~mum of twice annually. 
The 
agricultural fair coordinator from the department shall serye as 
secretary to the Pull Events Commission. 
3. 
Terms: 
vacancies. 
Appointments 
to 
the 
Pull 
Events 
Commission 
must 
be 
for 
terms 
of 
years. 
The 
appointing 
authority fills a yacancy for a full 2-year term. 
The appointing 
authority 
may 
remove 
a 
commission 
member 
for 
cause, 
which 
includes poor attendance. 
The chair shall make recommendations 
to the appointing authority concerning a removal. 
4. Rulemakiug. The Pull Events Commission shall adopt rules 
establishing 
the 
qualifications 
and 
procedure 
for 
the 
certification 
of 
pull 
superintendents 
and 
assistant 
pull 
superintendents and guidelines for dealing with violations of 
section 95 and the rules adopted under this subsection. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
5. Other duties. 
The Pull Events Commission shall: 
A. 
Periodically review the statutory rules for pulls as 
contained in section 97, subsection 4 and recommend to the 
Legislature changes as necessary: 
B. 
Give advice and recommendations to the commissioner on 
request or as the commission considers necessary: and 
C. 
Coordinate, 
develop 
and 
conduct pull 
superintendent 
training seminars. 
§99. 
Pull superintendent 
1. Appointment. 
Each person or entity conducting a pulling 
eyent shall appoint a pull superintendent who is certified by the 
commissioner as qualified in accordance with rules adopted under 
section 
98. 
The 
name 
of 
the 
pull 
superintendent 
must 
be 
submitted. in conjunction with the application for a permit to 
conduct each event. 
Only a person listed on the application as a 
pull 
superintendent 
or 
assistant 
pull 
superintendent 
may 
officiate. 
2. Restrictions on officiating. A pull superintendent may 
not officiate as pull superintendent for a class in a pulling 
event in which that pull superintendent is participating as a 
competitor. 
An assistant pull superintendent may not officiate 
as pull superintendent for a class in a pulling event in which 
that 
assistant 
pull 
superintendent 
is 
participating 
as 
a 
competitor. 
3. 
Enforcement 
responsibilities. 
A pull 
superintendent 
shall enforce the laws and rules governing pulling events and 
shall report participants who are disqualified, violations of the 
law 
and other matters, 
as 
appropriate, 
to 
the Pull 
Events 
Commission. 
SlOOp 
Enforcement actions kr cgmmjssion 
Upon receipt of a report pursuant to section 98, subsection 
3, the Pull Events Commission shall send a copy of the report to 
the sponsor whose name appears on the application for the pulling 
event and to the person whose conduct has been reported to the 
commission. 
1. Violation by teamster. 
Upon receipt of a written report 
alleging that a teamster has violated the laws or rules governing 
pulling events, the Pull Events Commission may after a hearing 
disqualify a teamster from participation in pulling events. 
2. 
Violation by pull 
superintendent or assistant pull 
superintendent. 
Upon receipt of a written report alleging that a 
pull superintendent or assistant pull superintendent has violated 
the laws or rules governing pulling events or has failed to take 
appropriate 
action to 
enforce 
the 
laws 
and 
rules 
governing 
pulling events, the Pull Events Commi s s ion may afte r a hearing 
suspend or revoke that person' s certification to act as a pull 
superintendent. 
SIOI. 
Violations relating to pulling events 
1. Conducting pulling event vi.tJlout permit. A person that 
conducts, causes to be conducted or sponsors a public or private 
pulling event between animals or pairs of animals within the 
State without a permit from the commissioner commits a civil 
violation for which a fine of not less than $lOO nor more than 
$500 may be adjudged. 
2. Prohibition on participating in pulling events. A person 
who has been convicted of a violation of Title 17, section 1031 
or has been adjudicated to have committed a civil violation of 
section 4011 within the previous 5 years may not participate as 
an animal owner or handler or in any other capacity, directly or 
indirectly, in a pulling event. A person who participates in a 
pulling event in violation of this subsection commits a civil 
violation for which a fine of not less than $100 nor more than 
$500 may be adjudged. 
3. 
Permit revocation. 
The commissioner may, in accordance 
with Title 5, chapter 375, revoke or refuse to renew a permit to 
hold a pulling event: 
A. 
If after 
rece~v~ng notice 
from 
the 
department 
the 
sponsor of a pulling event allows a person to participate as 
an owner or handler or in any other capacity, directly or 
indirectly, 
in a 
pulling event within 
years 
of that 
person's 
being 
convicted of 
a 
violation of Title 
17, 
section 1031 or 
being adjudicated of 
a civil violation of 
section 4011; or 
B. 
When the commissioner has received written notification 
from the Pull Events Commission of violations of laws or 
rules at a pulling event conducted under a permit held by 
that sponsor. 
Sec. 4. 8 MRS A §271, sub-§2, ,A, as amended by PL 1993, c. 
388, §4, is further amended to read: 
A. 
The 
revenues 
to 
be 
generated, 
consistent with 
the 
profitability and financial health of the licensee, for the 
General 
Fund 
pursuant 
to 
section 
275-H; 
the 
purse 
supplements pursuant to section 275-1; the Sire Stakes Fund 
pursuant to section 281; 
and the Stipend Fund pursuant to 
Title 7, section 96 86; 
Sec. 5. 8 MRSA §271, sub-§2, ,E, as enacted by PL 1985, c. 
444, §2, is amended to read: 
E. 
With respect to agr icul tural societies seeking licenses 
to conduct harness racing meets at the time of their annual 
fairs, the scheduling of agricultural fairs determined by 
the Commissioner of Agriculture, 
Food and Rural Resources 
pursuant to Title 7, sections 99 ~ and 9a-A ~; 
Sec. 6. 8 MRSA §287, sub-§3, as enacted by PL 1997, c. 528, 
§46, is amended to read: 
3. 
Payment to Stipend Fund. 
Nine percent of the revenue 
credited 
to 
the 
General 
Fund 
under 
this 
section 
that 
is 
attributable 
to 
amounts 
in 
excess 
of 
$35,000,000 
must 
be 
distributed to the Stipend Fund as provided in Title 7, section 
ltQ.. 
4.6 
Sec. 7. 8 MRSA §289, as enacted by PL 1997, c. 528, §46, is 
amended to read: 
§289. Payment to Stipend Fund share 
1. 
Initial distribution to Stipend Fund. 
The Treasurer of 
State shall credit .189% of the commission on regular wagers made 
to interstate commingled pools, .402% of the commission on exotic 
wagers made to interstate commingled pools, 0.72% of the regular 
wagers made to all other pools and 0.49% of the exotic wagers 
made to all other pools to the Stipend Fund as provided in Title 
7, section ~~ ~ and shall distribute the balance as provided in 
subsection 2. 
2. 
Eztended lIleet account. 
The Treasurer of State shall 
distribute the balance of the amount calculated as Stipend Fund 
share as follows. 
A. 
The first $400,000 of the total amount, 
when actually collected, must be credited 
Fund as provided in Title 7, section ~~ ~. 
regardless of 
to the Stipend 
B. 
From the balance of the total amount in excess of 
$400,000, regardless of when actually collected, 80% must be 
paid and returned no later than 30 days after the end of the 
calendar 
year 
to 
those 
persons, 
associations 
and 
corporations that during that calendar year conducted an 
extended 
meet 
pursuant 
to 
a 
license 
granted 
by 
the 
commission in section 271. 
This payment must be divided in 
the proportion that the contributions of regular and exotic 
wagers to pari-mutuel pools on live racing made or conducted 
at the extended meets of each racing licensee during that 
calendar year bear to the total contributions of regular and 
exotic wagers to pari-mutuel pools on live racing made or 
conducted at the extended meets of all racing licensees 
during that calendar year. 
Licensees sharing in this distribution shall use 1/2 of the 
funds so received for the purpose of supplementing the purse 
money. 
c. 
The remaining 20% of the total amount in excess of 
$400,000 must be credited to the Stipend Fund as provided in 
Title 7, section 96 ~. 
Sec. 8. 8 MRSA §295, sub-§2, as amended by PL 2001, c. 567, 
§5, is further amended to read: 
2. 
Distribution. 
On May 30th, September 30th and within 30 
days after the close of all off-track betting facilities for the 
year, 
amounts payable under subsection 1 
for distribution in 
accordance 
with this 
subsection must 
be 
distributed to all 
commercial tracks that have provided simulcast transmission of 
live racing in the State on any date and to those agricultural 
fair associations that have provided simulcast transmission of 
live 
racing 
in 
the 
State 
on 
the 
dates 
assigned 
by 
the 
commissioner pursuant to Title 7, section 1i9.ai. 
Distribution 
must be in the proportion that the amount of exotic wagers placed 
at off-track betting facilities on simulcast races 
from each 
licensee up to the last day of the preceding month bears to the 
total amount of exotic wagers at off-track betting facilities on 
races simulcast from all commercial racetracks and agricultural 
fair associations up to that date. 
The last payment of the 
calendar year must be adjusted to reflect each licensee's exotic 
wagers 
in proportion to 
the total of the exotic wagers 
at 
off-track betting facilities in that calendar year. 
Sec. 9. 8 MRSA §298, sub-§2, as enacted by PL 2003, c. 687, 
Pt. A, §3 and affected by Pt. B, §11, is amended to read: 
2. 
Distribution. 
On May 30th, September 30th and January 
30th of each year, all amounts credited to the fund established 
by this section as of the last day of the preceding month and not 
distributed 
before 
that 
day 
must 
be 
distributed 
to 
each 
commercial track, as defined in section 275-A, subsection 1, and 
to each agricultural fair association that during the preceding 
trimester has conducted live racing with pari-mutuel wagering on 
dates assigned by the commissioner pursuant to Title 7, section 
99.ai, with each commercial track and each agricultural fair 
association 
rece~v~ng 
an 
amount 
of 
money 
determined 
by 
multiplying the amount of money available for distribution times 
a fraction, the numerator of which is the total number of live 
race dashes conducted by the commercial track or agricultural 
fair 
association 
during 
the 
preceding 
time 
period 
and 
the 
denominator of which is the total number of race dashes conducted 
by all 
commercial 
tracks 
and 
agricultural 
fair 
associations 
during that time period. 
The payment in January must be adjusted 
so that for the prior 3 time periods each commercial track or 
agricultural fair association entitled to a distribution receives 
that fraction of the total money distributed over the full year 
from the fund established by this section, the amount determined 
by multiplying the total amount of money by a 
fraction, 
the 
numerator of which is the number of live race dashes conducted by 
the commercial track or agricultural fair association during the 
calendar year that qualify for a distribution and the denominator 
of which is the total number of race dashes conducted during that 
calendar 
year 
by all 
such fairs 
on 
dates 
assigned 
by 
the 
commissioner pursuant to Title 7, 
section 99 
and by all 
commercial 
tracks 
dur ing 
that 
calendar 
year. 
The 
funds 
distributed pursuant to this section must be used to supplement 
harness racing purses. 
Sec. 10. 8 MRSA §1036, sub-§2, 1JD, as enacted by PL 2003, c. 
687, Pt. A, §S and affected by Pt. B, §ll, is amended to read: 
so 
D. 
Three percent of the total gross slot machine income 
must be forwarded by the board to the Treasurer of State, 
who shall credit the money to the Agricultural Fair Support 
Fund established in Title 7, section 77 ~; 
Sec. 11. 13-B MRSA §201, sub-§3, tE, as amended by PL 1985, c. 
737, Pt. A, §35, is further amended to read: 
E. 
~eaREy-aRa-Jeea~-e~~ieQ~taEa~ Agricultural societies, as 
that term is used in Title 7, chapter a i; 
Sec. 12. 17 MRSA §330, sub-§I-C, as enacted by PL 2001, c. 
672, §l, is amended to read: 
I-C. 
Agricultural 
"fair" means a nonprofit 
tae-state ~ stipend under 
society. 
"Agricultural 
society" 
agricultural fair society eligible 
Title 7, seetieR-S6 chapter 4. 
or 
for 
Sec. 13. 17 MRSA §331, sub-§6, ,A, as repealed and replaced by 
PL 2001, c. 471, Pt. F, §4 and affected by §5, is amended to read: 
A. 
Any 
agricultural 
society eligible 
for 
tae--staEe 
~ 
stipend under Title 7, 
seet;.i4B--96 chapter 4, or any bona 
fide, 
nonprofit 
organization that is either charitable, 
educational, 
political, 
C1V1C, 
recreational, 
fraternal, 
patriotic or religious or any auxiliary of such organization; 
Sec. 14. 17 MRSA §332, sub-§I, as amended by PL 2001, c. 538, 
§2, is further amended to read: 
1. 
Organizations eligible. Notwithstanding other provisions 
of law, the Chief of the State Police may issue a license to 
operate a game of chance to an agricultural society eligible for 
tae-state ~ stipend under Title 7, seetieR-S6 chapter 4, or to a 
bona fide nonprofit charitable, educational, political, 
C1V1C, 
recreational, fraternal, patriotic or religious organization, or 
to a volunteer fire department or to an auxiliary of any of these 
organizations, 
any 
of 
which 
must 
be 
founded, 
chartered 
or 
organized 
in this State 
for 
a 
period of 
not 
less 
than 
consecutive years before applying for a license. 
Sec. 15. 22 MRSA §1607, as amended by PL 1987, c. 395, Pte A, 
§88, is further amended to read: 
§1601. Application 
This chapter does not apply to fairs licensed, eHaisiEieRs 
aRa---s1mikaF--~~--~~--~--e~~J£~~~~~e~---seeieties---aRa 
as see i at ieRs T - -pGIlIG-lGq-iGa-l- - ~-e-t-i-e6- - e E - ~l:-t;-l'-y- - ~-at-i-€ffi6- - as 
defined and regulated under Title 7, 
activities. It shall ~ 
not apply 
corporations, 
trusts or partnerships 
chapters 11 and 19. 
chapter 
~ .i, or military 
to persons, associations, 
licensed under Title 8, 
Sec. 16. 36 MRSA §652, sub-§I, ,C, as amended by PL 2001, c. 
596, Pt. B, §24 and affected by §25 and amended by PL 2003, c. 
689, Pt. B, §6, is further amended to read: 
C. 
Further conditions to the right of exemption under 
paragraphs A and B are that: 
(1) 
Any corporation claiming exemption under paragraph 
A must 
be 
organized 
and 
conducted exclusively 
for 
benevolent and charitable purposes; 
(2) 
A director, trustee, officer or employee of an 
organization claiming 
exemption is not entitled to 
receive directly or 
indirectly any pecuniary profit 
from 
the 
operation of 
that organization, 
excepting 
reasonable compensation for services in effecting its 
purposes or as 
a proper beneficiary of its strictly 
benevolent or charitable purposes; 
(3) 
All profits derived 
from 
the 
organization claiming exemption and 
the sale of its property are devoted 
purposes for which it is organized; 
operation of 
an 
the proceeds from 
exclusively to the 
(4) 
The 
institution, 
organization 
or 
corporation 
claiming exemption under this subsection shall file 
with the tax assessors upon their request a report for 
its preceding fiscal year in such detail as the tax 
assessors may reasonably require; 
(5) 
An exemption is not allowed under this subsection 
in favor of an agricultural fair association holding 
pari-mutuel racing meets unless it has qualified the 
next preceding year as a recipient of a stipend from 
the ~Stipend Fund~ provided in Title 7, section 96 ~; 
(6) 
An exemption allowed under paragraph A or B for 
real or personal property owned and occupied or used to 
provide federally subsidized residential rental housing 
is· 
limited 
as 
follows: 
Federally 
subsidized 
residential rental housing placed in service prior to 
September 1, 1993 by other than a nonprofit housing 
corporation that is acquired on or after September 1, 
1993 
by 
a 
nonprofit 
housing 
corporation 
and 
the 
operation 
of 
which 
is 
not 
an 
unrelated 
trade 
or 
business 
eligible 
municipal 
to 
that 
for 
an 
assessed 
nonprofit 
housing 
corporation 
exemption 
limited 
to 
50% 
of 
value of that property. 
is 
the 
An exemption granted under this subparagraph must be 
revoked for any year in which the owner of the property 
is no longer a 
nonprofit housing corporation or the 
operation of 
the 
residential 
rental 
housing is 
an 
unrelated trade or business to that nonprofit housing 
corporation. 
(a) 
For the purposes of this subparagraph, the 
following terms have the following meanings. 
(i) 
"Federally subsidized residential rental 
housing" 
means 
residential 
rental 
housing 
that 
is 
subsidized 
through 
project-based 
rental 
assistance, 
operating assistance 
or 
interest rate subsidies paid or provided by 
or on behalf of an agency or department of 
the Federal Government. 
(ii) 
"Nonprofit housing corporation" means a 
nonprofit corporation organized in the State 
that 
is 
exempt 
from 
tax 
under 
Section 
501(c)(3) 
of 
the 
Code 
and 
has 
among 
its 
corporate purposes the provision of services 
to people of low income or the construction, 
rehabilitation, 
ownership 
or 
operation 
of 
housing. 
(iii) 
"Residential rental housing" means one 
or 
more 
buildings, 
together 
with 
any 
facilities 
functionally 
related 
and 
subordinate 
to 
the 
building or 
buildings, 
located on one parcel of land and held in 
common ownership prior to the conversion to 
nonprofit status and containing 
or more 
similarly 
constructed 
residential 
units 
offered for rental to the general public for 
use on other than a transient basis, each of 
which 
contains 
separate 
and 
complete 
facilities 
for 
living, 
sleeping, 
eating, 
cooking and sanitation. 
(iv) 
"Unrelated trade or business" means any 
trade 
or 
business 
whose 
conduct 
is 
not 
substantially 
related 
to 
the 
exercise 
or 
performance by a nonprofit corporation of the 
purposes or functions constituting the basis 
for exemption under Section 501 (c) (3) of the 
Code. 
(b) 
Eligibility 
exemption is not 
this subparagraph: 
of the following property for 
affected by the provisions of 
(i) 
Property used as 
a 
nonprofit nursing 
home, 
residential care facility licensed by 
the Department of Health and Human Services 
pursuant 
to Title 
22, 
chapter 
1663 
or 
a 
community living arrangement as defined in 
Title 30-A, 
section 4357-A or any property 
owned by a nonprofit organization licensed or 
funded by the Department of Health and Human 
Services to provide services to or for the 
benefit of persons with mental illness or 
mental retardation: 
(ii ) 
(iii) 
(iv) 
used 
that 
A or 
Property used for student housing: 
Property used for parsonages: 
Property that was owned and occupied or 
to provide residential rental housing 
qualified for exemption under paragraph 
B prior to September 1, 1993: or 
(v) 
Property 
exempt 
from 
taxation 
under 
other provisions of law: and 
(7) 
In addition to the requirements of subparagraphs 
(1) to (4), an exemption is not allowed under paragraph 
A or B for real or personal property owned and occupied 
or used to provide residential rental housing that is 
transferred or placed in service on or after September 
1, 1993, unless the property is owned by a nonprofit 
housing 
corporation 
and 
the 
operation 
of 
the 
residential rental housing is not an unrelated trade or 
business to the nonprofit housing corporation. 
For the purposes of this subparagraph, the following 
terms have the following meanings. 
(a) 
"Nonprofit 
housing 
corporation" 
means 
a 
nonprofit corporation organized in the State that 
is exempt from tax under Section 501 (c) (3) of the 
Code 
and 
has 
among its corporate purposes 
the 
provision of services to people of low income or 
the 
construction, 
rehabilitation, 
ownership 
or 
operation of housing. 
(b) 
"Residential rental housing" 
means 
one or 
more 
buildings, 
together 
with 
any 
facilities 
functionally 
related 
and 
subordinate 
to 
the 
building or buildings, 
containing 
one 
or 
more 
similarly constructed residential units offered 
for rental to the general public for use on other 
than a transient basis, 
each of which contains 
separate 
and 
complete 
facilities 
for 
living, 
sleeping, eating, cooking and sanitation. 
(c) 
"Unrelated trade or business" means any trade 
or business whose 
conduct is not substantially 
related 
to 
the 
exercise 
or 
performance 
by 
a 
nonprofit 
organization 
of 
the 
purposes 
constituting the basis for exemption under Section 
501(c)(3) of the Code. 
Sec. 17. 38 MRSA §488, sub-§23, as enacted by PL 2005, c. 217, 
§1, is amended to read: 
23. 
Agricultural fair property. 
Development on property 
that is used for one or more agricultural fairs licensed by the 
Commissioner of Agriculture, Food and Rural Resources under Title 
7, chapter 6 ~ is exempt from review under this article if: 
A. 
The property is not used for motorized vehicle racing 
for more than 14 days beyond those days authorized for the 
operation of the agricultural fair; 
B. 
Motorized vehicle racing on the property is licensed by 
the Department of Public Safety: 
C. 
Use of the property beyond those days authorized for the 
operation of the agr icul tural fair meets a noise standard 
pursuant to section 484, subsection 3. 
The department shall 
enforce the noise standard under this paragraph; and 
D. 
The property has been identified as the location of an 
agricultural fair in an agricultural fair license issued by 
the Department of Agriculture, 
Food 
and Rural 
Resources 
prior to September 15, 2006. 
This 
chapter 3, 
bill repeals 
"County and 
SUMMARY 
the 
Maine 
Revised Statutes, 
Local Societies," and replaces 
Title 7, 
it with 
chapter 4, "Agricultural Fairs and Pulling Events." 
It enacts 
definitions and deletes provisions relating to the Maine State 
Pomological Society and poultry associations. 
It establishes the 
Fair 
Fund 
and 
clarifies 
prov~s~ons 
for 
deposit 
into 
and 
distribution from the fund. 
It requires a fair to be licensed to 
be eligible to receive a distribution from the Stipend Fund or 
the Fair Fund. 
It removes language relating to the licensing of 
exhibitions that are not agricultural fairs. 
It amends 
the 
prov~s~on for requesting a 
change in fair dates to require a 
petition to be received a minimum of 90 days prior to the first 
assigned date. 
It allows premiums paid on pony pulling and 
tractor 
and 
truck 
pulling 
to 
be 
included 
when 
determining 
distribution 
from 
the 
Stipend 
Fund 
or 
the 
Fair 
Fund. 
It 
restructures and updates other provisions regarding the licensing 
of agricultural fairs and distribution of funds to the fairs. 
It 
restructures and makes technical changes to the laws governing 
animal pulling events.