An Act To Restore Liability Insurance Requirements for Amusement Rides and Other Public Exhibitions
Maine Legislature, Session 127, LD 0460
Committee: Criminal Justice and Public Safety
Sponsors: COOPER, BREEN, DION, KORNFIELD, TIMMONS
Amends: 8 MRSA §701, 22 MRSA §1607

Legislative Document 
No. 460 
H.P. 299 
House of Representatives, February 24, 2015 
An Act To Restore Liability Insurance Requirements for 
Amusement Rides and Other Public Exhibitions 
(EMERGENCY) 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative COOPER of Yarmouth. 
Cosponsored by Senator BREEN of Cumberland and 
Representatives: DION of Portland, KORNFIELD of Bangor, TIMMONS of Cumberland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in 2014 the Legislature repealed a law concerning the licensing of public 
exhibitions by the Commissioner of Public Safety; and 
Whereas, since that time, there have been concerns that public safety has been put 
at further risk due to the repeal of that law as well as concerns about liability issues; and 
Whereas, the season when traveling amusement shows will be in operation begins 
before the 90-day period expires; 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Sec. 1.  8 MRSA c. 19, as repealed by PL 2013, c. 595, Pt. U, §4, is reenacted to 
read: 
CHAPTER 19 
PUBLIC EXHIBITIONS 
§501.  License required 
Whoever, for money or other valuable article, exhibits any images, pageantry, sleight 
of hand tricks, puppet show, circus, traveling amusement show, feats of balancing, wire 
dancing, personal agility, dexterity or theatrical performances, without a license therefor 
as provided, forfeits for every offense not less than $10 nor more than $100. This 
prohibition does not extend to any permanently established museum.  
§502.  Fees, prosecutions; traveling shows 
The municipal officers of towns may grant licenses for any of the exhibitions or 
performances described in section 501, on receiving for their town a sum that they 
determine proper, 24 hours or more being allowed for the exhibitions or performance as 
they may determine. They shall prosecute, by complaint for the use of their town, all 
violations of section 501. 
A traveling circus, traveling amusement show or amusement device may not operate 
or exhibit any parade, show or entertainment in this State without first paying a license 
fee for each calendar year.  Application for the license must be made to the 
Commissioner of Public Safety and contain the name of the person or corporation using 
or operating the traveling circus, traveling amusement show or amusement device, and a 
statement of proposed territory within the limits of the State, and names of the cities and 
towns in which the traveling circus, traveling amusement show or amusement device is to 
operate or exhibit.  A traveling circus or traveling amusement show or amusement device 
may not exhibit any parade, show or entertainment in this State without first furnishing 
the Commissioner of Public Safety, in an amount to be determined by the commissioner, 
a certificate of public liability insurance issued by an authorized insurer or approved 
surplus lines insurer pursuant to Title 24-A or any risk retention group registered in any 
state pursuant to 15 United States Code, Chapter 65 or through a purchasing group 
registered in any state pursuant to 15 United States Code, Chapter 65.  Upon receipt of 
the application, accompanied by a certificate of public liability insurance and upon 
payment of the required fee, a license is issued.  For amusement shows, carnivals, thrill 
shows, ice shows, rodeos or similar types of performances that are held indoors or 
outdoors the fee is $300.  For circuses that are held outdoors or under tents or similar 
temporary cover or enclosure the fee is $500.  For circuses held indoors in an auditorium, 
arena, civic center or similar type building the fee is $300.  For circuses produced in their 
entirety by a nonprofit, charitable organization a license is required but no fee is charged.  
The amusement device license fee is $50 per amusement device.  A traveling amusement 
show, having amusement devices and having secured a traveling amusement show 
license, must pay an additional amusement device license fee for each amusement device 
over 5 rides.  "Amusement device" means a device by which a person is carried or 
conveyed, or is allowed to move on, around or over a fixed course within a defined area 
intended to thrill, excite or amuse, including, but not limited to, bungee jumping and 
water slides, regardless of whether a fee to operate is required.  It does not include a 
vehicle or device the operation of which is regulated as to safety by any other provision 
of law, except a municipal ordinance under Title 30-A, section 3001 or any coin-operated 
kiddie amusement device on a nonmoving base that is designed to accommodate one 
child. 
License fees must be credited to a special revenue account to defray expenses in 
carrying out this section. Any balance of fees may not lapse but must be carried forward 
as a continuing account to be expended for the same purposes in the following fiscal 
years. 
The license must be further conditioned that a traveling circus, traveling amusement 
show or amusement device being operated in a manner that is dangerous to the safety of 
the public be stopped until the condition is remedied. Breach of any condition in the 
license is a cause for immediate suspension or revocation of the license, at the discretion 
of the Commissioner of Public Safety. 
The Commissioner of Public Safety shall make, amend or rescind, after public 
hearing, notice of which has been duly advertised in the state paper, reasonable rules for 
the operation of traveling circuses, traveling amusement shows or amusement devices. 
The exhibiting of any parade, show or entertainment of any traveling circus, traveling 
amusement show or amusement device contrary to this section is a civil violation, and the 
person, persons, firm or corporation owning or controlling the traveling circus, traveling 
amusement show or amusement device, or the manager or officer in charge of the 
traveling circus, traveling amusement show or amusement device within the State, is 
subject to a forfeiture of not more than $1,000. 
The District Court and Superior Court in the counties where traveling circuses, 
traveling amusement shows or amusement devices exhibit or parade have jurisdiction 
over the offense. 
Sec. 2.  8 MRSA §701, as amended by PL 2013, c. 595, Pt. U, §6, is further 
amended to read: 
§701.  Jurisdiction 
All penalties provided in chapters 3, 7 and 18 to 25, except that specified in section 
502, must be recovered by complaint for the use of the town where incurred. 
Sec. 3.  22 MRSA §1607, as amended by PL 2013, c. 595, Pt. U, §8, is further 
amended to read: 
§1607.  Application 
This chapter does not apply to fairs licensed, defined and regulated under Title 7, 
chapter 4, or military activities. It does not apply to persons, associations, corporations, 
trusts or partnerships licensed under Title 8, chapter chapters 11 and 19. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Public Law 2013, chapter 595 repealed the law requiring a traveling circus, traveling 
amusement show or amusement device to apply to the Commissioner of Public Safety for 
a license.  This bill reenacts that law, including the provision that the application contain 
a certificate of public liability insurance and a fee.