An Act To Clarify the Scope of Maine's Franchise Laws for Dealers of Power Equipment, Machinery and Appliances
Maine Legislature, Session 125, LD 0316
Committee: Labor, Commerce, Research and Economic Development
Sponsors: BARTLETT, DRISCOLL
Amends: 10 MRSA §1361

Legislative Document 
No. 316 
S.P. 96 
In Senate, February 8, 2011 
An Act To Clarify the Scope of Maine's Franchise Laws for Dealers 
of Power Equipment, Machinery and Appliances 
(EMERGENCY) 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator BARTLETT of Cumberland. 
Cosponsored by Representative DRISCOLL of Westbrook. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is uncertainty regarding the extraterritorial effect of Maine's 
franchise laws for dealers of power equipment, machinery and appliances and whether 
these laws apply to out-of-state dealerships; and 
Whereas, such uncertainty has the potential to immediately and substantially disrupt 
the ability of Maine manufacturers, distributors and franchisors to maintain dealerships in 
other states and cause such manufacturers and distributors to relocate out of Maine, which 
could cost Maine jobs; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §1361, sub-§1, as enacted by PL 1993, c. 195, §1, is amended 
to read: 
1.  Dealer.  "Dealer" means a person located within this State who sells goods or 
solicits or advertises the sale of goods to the public.  "Dealer" does not include receivers, 
trustees, administrators, executors, guardians or other persons appointed by or acting 
under judgment, decree or order of any court nor does it include public officers 
performing their duties as officers. 
Sec. 2.  10 MRSA §1361, sub-§4, as enacted by PL 1993, c. 195, §1, is amended 
to read: 
4.  Franchisee.  "Franchisee" means a person, dealer or distributor of goods located 
within this State to whom a franchise is offered or granted. 
Sec. 3.  Intent; application.  It is the intent of the Legislature that the amendments 
set forth in this Act are a clarification of existing law, not a change in the law.  
Notwithstanding the Maine Revised Statutes, Title 1, section 302, this Act applies to all 
actions and proceedings pending on the effective date of this Act. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Consistent with the principle that Maine law does not have an extraterritorial effect, 
this bill confirms that Maine's franchise laws regarding dealers of power equipment, 
machinery and appliances apply to dealerships located within this State and are not 
intended to cover dealerships located outside the State.