reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §224. Storage and manufacture of fireworks

§224. Storage and manufacture of fireworks
1.  Storage.
A person may not store fireworks in a building or structure outside the premises of a fireworks manufactory 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.
[PL 2003, c. 452, Pt. C, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Certificate of public liability insurance required for manufacture.
A person may not manufacture fireworks without first furnishing the Commissioner of Public Safety, in an amount to be determined by the commissioner, a certificate of public liability insurance to cover the losses, damages or injuries to persons or property that might result.
[PL 2003, c. 452, Pt. C, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Penalty.
A person who violates this section commits a Class E crime.
[PL 2003, c. 452, Pt. C, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4.  Strict liability.
Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
[PL 2003, c. 452, Pt. C, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1985, c. 23, §2 (NEW). PL 2003, c. 452, §C4 (AMD). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §225. Transportation of fireworks

§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.
[PL 2003, c. 452, Pt. C, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
A person who violates this section commits a Class E crime.
[PL 2003, c. 452, Pt. C, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Strict liability.
Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
[PL 2003, c. 452, Pt. C, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1985, c. 23, §2 (NEW). PL 2003, c. 452, §C5 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §226. Displays and exhibitions of fireworks (REPEALED)

§226. Displays and exhibitions of fireworks
(REPEALED)
SECTION HISTORY
PL 1985, c. 23, §2 (NEW). PL 1999, c. 671, §4 (RP).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §227. Permits for displays; rules (REPEALED)

§227. Permits for displays; rules
(REPEALED)
SECTION HISTORY
PL 1985, c. 23, §2 (NEW). PL 1991, c. 464, §2 (AMD). PL 1999, c. 671, §5 (RP).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §227-A. Requirements for obtaining permit

§227-A. Requirements for obtaining permit
1.  Permits; requirements.
A person may not conduct a display without a permit. The commissioner shall issue a permit to possess and conduct a fireworks or flame effects display to an applicant who:
A. Applies in writing to the commissioner for a permit at least 20 days in advance of the proposed display;   [PL 2003, c. 521, §1 (AMD).]
B. Applies on forms furnished by the department. An application for a permit must include:
(1) A certificate of public liability insurance in the amount of $1,000,000 to cover loss, damage or injuries to persons or property that might result from the display; and
(2) A site plan for the proposed display depicting a diagram of the grounds or facilities at which or in which the display will be held. The diagram must show points of discharge, fallout areas, any buildings or other structures in proximity to the display site and the location of any audience that may be present. Distances of and distances between the points of discharge and any buildings or structures must be stated on the diagram; and   [PL 2003, c. 521, §1 (AMD).]
C. Submits with the application fees set out in subsection 3.   [PL 1999, c. 671, §6 (NEW).]
[PL 2019, c. 249, §2 (AMD).]
2.  Inspection.
Upon receipt of a complete application, the department shall conduct an inspection of the proposed display site to determine the hazard posed by the display.
[PL 1999, c. 671, §6 (NEW).]
3.  Fees.
The fee for a permit is $30 per display and the fee for a site inspection is $111. The fee for all inspected indoor pyrotechnic and flame effects events that occur outside of normal business hours is $100.
[PL 2019, c. 249, §3 (AMD).]
4.  Permits; violation.
A person may not conduct a fireworks or flame effects display in violation of the permit issued under subsection 1.
[PL 2019, c. 249, §4 (AMD).]
5.  Penalties.
The following penalties apply.
A. A person who conducts a fireworks or flame effects display without a permit commits a Class D crime.   [PL 2019, c. 249, §4 (AMD).]
B. A person who conducts a fireworks or flame effects display in violation of a permit issued under subsection 1 commits a Class E crime.   [PL 2019, c. 249, §4 (AMD).]
[PL 2019, c. 249, §4 (AMD).]
6.  Strict liability.
Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
[PL 2003, c. 452, Pt. C, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7.  Indoor pyrotechnics and flame effects.
All indoor pyrotechnic and flame effects events must be inspected by the State Fire Marshal or the State Fire Marshal's designee.
[PL 2019, c. 249, §5 (AMD).]
SECTION HISTORY
PL 2003, c. 521, §§1-3 (AMD). PL 1999, c. 671, §6 (NEW). PL 2001, c. 437, §2 (AMD). PL 2001, c. 437, §§6,8 (AFF). PL 2003, c. 452, §C6 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2019, c. 249, §§2-5 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §227-B. Regulation restricted; exception

§227-B. Regulation restricted; exception
1.  Regulation restricted.
Except as provided in subsection 2, a political subdivision of the State, including, but not limited to, a municipality, county, township or village corporation, may not adopt an order, ordinance, rule or regulation concerning the issuance of permits under section 227‑A.
[PL 1999, c. 671, §6 (NEW).]
2.  Exception.
This section does not prohibit an order, ordinance, rule or regulation of a political subdivision that, with the exception of appropriate penalty provisions, conforms exactly with an applicable provision of state law or that regulates the issuance of these permits within a jurisdiction.
[PL 1999, c. 671, §6 (NEW).]
SECTION HISTORY
PL 1999, c. 671, §6 (NEW).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §227-C. Denial, suspension or revocation of permit

§227-C. Denial, suspension or revocation of permit
The commissioner may, after a hearing in conformance with the applicable provisions of the Maine Administrative Procedure Act, suspend or revoke a permit issued under this chapter. The following are grounds for denial, suspension or revocation of a permit:   [PL 1999, c. 671, §6 (NEW).]
1.  Incomplete.
The application or a document filed with the application is incomplete;
[PL 1999, c. 671, §6 (NEW).]
2.  Misstatement.
The application or a document filed with the application contains a material misstatement;
[PL 1999, c. 671, §6 (NEW).]
3.  Site inspection.
The site fails to pass an inspection conducted by the department pursuant to section 227‑A; or
[PL 1999, c. 671, §6 (NEW).]
4.  Failure to employ or use fireworks technician.
The applicant fails to use a licensed fireworks technician, proximate audience technician or flame effect technician as required to conduct the display.
[PL 2013, c. 56, §3 (AMD).]
SECTION HISTORY
PL 1999, c. 671, §6 (NEW). PL 2013, c. 56, §3 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §228. Application of provisions

§228. Application of provisions
1.  Firecrackers and pyrotechnical ship or railway signals.
Firecrackers and pyrotechnical ship or railway signals are included and classed as fireworks, but sections 222, 224 and 225 do not apply to the storage of pyrotechnical ship or railway signals nor to the discharge, firing or exploding of the signals when used for the protection of life and property.
[PL 1985, c. 23, §2 (NEW).]
2.  Exceptions.
This chapter does not apply:
A. To any article named in this chapter to be shipped directly out of the State;   [PL 1985, c. 23, §2 (NEW).]
B.   [PL 1999, c. 671, §7 (RP).]
C. To the sale of flares, lanterns or fireworks for use by railroads, railways, boats, motor vehicles or other transportation agencies, or other activity lawfully permitted or required to use any or all of the articles named in this chapter for signal purposes, illumination or otherwise;   [PL 1985, c. 23, §2 (NEW).]
D. To the sale or use of blank cartridges for signal or ceremonial purposes in athletics or sports;   [PL 1999, c. 671, §8 (AMD).]
E. To experiments at a factory for explosives;   [PL 1985, c. 23, §2 (NEW).]
F. To the sale of blank cartridges for use by the militia or any organization of war veterans or other organizations authorized by law to parade in public a color guard armed with firearms;   [PL 1985, c. 23, §2 (NEW).]
G. In teaching the use of firearms; or   [PL 1999, c. 671, §9 (AMD).]
H. To the sale of shells for firearms, cartridges, gunpowder and explosives for the purpose of any legal use of firearms.   [PL 1999, c. 671, §9 (AMD).]
I.   [PL 1999, c. 671, §10 (RP).]
[PL 1999, c. 671, §§7-10 (AMD).]
SECTION HISTORY
PL 1985, c. 23, §2 (NEW). PL 1999, c. 671, §§7-10 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §229. Violations (REPEALED)

§229. Violations
(REPEALED)
SECTION HISTORY
PL 1985, c. 23, §2 (NEW). PL 1995, c. 528, §2 (AMD). PL 1999, c. 671, §11 (AMD). PL 2003, c. 452, §C7 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §230. Appeals

§230. Appeals
Any person aggrieved by any decision of the Commissioner of Public Safety may appeal the decision to the Superior Court within 30 days. The court shall, after notice and hearing, affirm or reverse the commissioner's decision. The finding of the Superior Court may be reviewed by appeal to the Supreme Judicial Court sitting as the Law Court.   [PL 2011, c. 559, Pt. A, §5 (AMD).]
SECTION HISTORY
PL 1985, c. 23, §2 (NEW). PL 1985, c. 506, §§B7,8 (AMD). PL 2011, c. 559, Pt. A, §5 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §231. Fireworks technician, proximate audience technician and flame effect technician license qualifications

§231. Fireworks technician, proximate audience technician and flame effect technician license qualifications
A person may not act as a fireworks technician, proximate audience technician or flame effect technician unless the person meets the qualifications specified in this section and obtains a license. The person must:   [PL 2013, c. 56, §4 (AMD).]
1.  Age.
Be at least 21 years of age;
[PL 1999, c. 671, §12 (NEW).]
2.  Citizenship.
Be a citizen or resident alien of the United States;
[PL 1999, c. 671, §12 (NEW).]
3.  Experience.
Have experience and training working under the direction of a technician during at least 5 displays, or comparable experience as determined by the department. The technician must hold the same license as applied for by the person;
[PL 2013, c. 56, §4 (AMD).]
4.  Character.
Be of good moral character as determined by the department and not have been convicted of a crime that is punishable by a maximum term of imprisonment equal to or exceeding one year. In making the determination of good moral character, the commissioner shall consider matters recorded within the previous 5 years, including, but not limited to:
A. Records of incidents of abuse by the applicant of family or household members provided pursuant to Title 19‑A, section 4114, subsection 1;   [PL 2021, c. 647, Pt. B, §3 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
B. Records provided by the Department of Health and Human Services regarding the failure of the applicant to meet child or family support obligations;   [PL 1999, c. 671, §12 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
C. Records of 3 or more convictions of the applicant for Class D or Class E crimes;   [PL 1999, c. 671, §12 (NEW).]
D. Records of 3 or more civil violations by the applicant; and   [PL 1999, c. 671, §12 (NEW).]
E. Records that the applicant has engaged in recklessness or negligence that endangered the safety of others;   [PL 1999, c. 671, §12 (NEW).]
[PL 2021, c. 647, Pt. B, §3 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
5.  Examination.
Successfully complete a written examination administered by the department encompassing codes, rules and information specific to the license applied for; and
[PL 2013, c. 56, §4 (AMD).]
6.  Application.
Submit an application to the department that contains:
A. The applicant's full name, full current address, social security number and date of birth; and   [PL 1999, c. 671, §12 (NEW).]
B. A statement granting the commissioner authority to check the criminal records of the applicant.   [PL 1999, c. 671, §12 (NEW).]
[PL 1999, c. 671, §12 (NEW).]
SECTION HISTORY
PL 1999, c. 671, §12 (NEW). PL 2003, c. 689, §B6 (REV). PL 2013, c. 56, §4 (AMD). PL 2021, c. 647, Pt. B, §3 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §232. Fees

§232. Fees
All license and permit fees received pursuant to this chapter by the department must be used for carrying out this chapter. Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal years.   [PL 1999, c. 671, §12 (NEW).]
1.  Fee for fireworks technician.
The fee for an initial fireworks technician license is $180. The fee for renewal of the license is $25.
[PL 2001, c. 437, §3 (AMD); PL 2001, c. 437, §8 (AFF).]
2.  Fee for proximate audience technician.
The fee for an initial proximate audience technician license is $180. The fee for renewal of the license is $25.
[PL 2013, c. 56, §5 (NEW).]
3.  Fee for flame effect technician.
The fee for an initial flame effect technician license is $180. The fee for renewal of the license is $25.
[PL 2013, c. 56, §5 (NEW).]
SECTION HISTORY
PL 1999, c. 671, §12 (NEW). PL 2001, c. 437, §3 (AMD). PL 2001, c. 437, §§6,8 (AFF). PL 2013, c. 56, §5 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §233. Renewal of license

§233. Renewal of license
Each fireworks technician, proximate audience technician or flame effect technician license is valid for a term of one year. Unless revoked or suspended, the license is renewable annually.   [PL 2013, c. 56, §6 (AMD).]
1.  Complete application required.
A licensee shall submit a complete application for renewal at least 30 days prior to the expiration of a license under this chapter. An application is not complete unless it includes all materials required to be evaluated for licensure.
[PL 2003, c. 521, §4 (NEW).]
2.  Renewal submitted within 90 days following license expiration.
Notwithstanding subsection 1, a person may renew a license under this chapter for up to 90 days after the date of expiration of the license. The 90-day period does not postpone the expiration date of the existing license. A licensee whose license has lapsed may not work as a fireworks technician, proximate audience technician or flame effect technician until a renewed license is issued.
[PL 2013, c. 56, §7 (AMD).]
3.  Renewal submitted more than 90 days following license expiration.
An application for license renewal under this section submitted more than 90 days after the license expiration date is considered an application for a new license and is subject to all requirements governing a new application.
[PL 2003, c. 521, §4 (NEW).]
SECTION HISTORY
PL 1999, c. 671, §12 (NEW). PL 2003, c. 521, §4 (AMD). PL 2013, c. 56, §§6, 7 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §234. Denial; suspension; revocation; grounds

§234. Denial; suspension; revocation; grounds
The commissioner may, after a hearing in conformance with applicable provisions of the Maine Administrative Procedure Act, suspend or revoke a license issued under this chapter. The following are grounds for denial, suspension or revocation of a license:   [PL 1999, c. 671, §12 (NEW).]
1.  Fraud or deceit.
The practice of fraud or deceit in obtaining a license under this chapter or in the performance of services within the scope of the license issued;
[PL 1999, c. 671, §12 (NEW).]
2.  Conviction of certain crimes.
Conviction of a crime that relates directly to the practice for which the person is licensed or conviction of a crime for which incarceration for one year or more may be imposed;
[PL 1999, c. 671, §12 (NEW).]
3.  Violation of chapter or rule.
A violation of this chapter or a rule adopted by the commissioner;
[PL 1999, c. 671, §12 (NEW).]
4.  Aiding or abetting unlicensed practice.
Aiding or abetting the practice of displaying or discharging fireworks by a person not duly licensed under this chapter; or
[PL 1999, c. 671, §12 (NEW).]
5.  Incompetence.
Incompetence in the practice of displaying or discharging fireworks. A licensee is considered incompetent in the practice if the licensee has:
A. Engaged in professional conduct that evidences a lack of ability or fitness to perform the duties for which that licensee is licensed; or   [PL 1999, c. 671, §12 (NEW).]
B. Engaged in professional conduct that evidences a lack of knowledge of, or inability to apply, appropriate principles or skills to carry out the practice for which that licensee is licensed.   [PL 1999, c. 671, §12 (NEW).]
[PL 1999, c. 671, §12 (NEW).]
SECTION HISTORY
PL 1999, c. 671, §12 (NEW).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §235. Suspension by commissioner

§235. Suspension by commissioner
1.  Immediate suspension.
If the commissioner has probable cause to believe that a person licensed under this chapter poses, because of gross negligence in the performance of duties associated with the license, an immediate threat to the public, the commissioner shall immediately suspend that person's license.
[PL 1999, c. 671, §12 (NEW).]
2.  Duration of suspension.
A suspension remains in effect for 30 days unless a revocation procedure under section 234 is commenced within the 30 days, in which case the suspension continues until the revocation procedure is complete.
[PL 1999, c. 671, §12 (NEW).]
SECTION HISTORY
PL 1999, c. 671, §12 (NEW).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §236. Adoption of rules

§236. Adoption of rules
1.  Routine technical rules.
The commissioner may adopt rules concerning the sale, use, storage, transportation and display of consumer fireworks, fireworks and special effect pyrotechnics and to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2011, c. 416, §6 (NEW); PL 2011, c. 416, §9 (AFF).]
2.  Major substantive rules.
After December 31, 2013, the commissioner may adopt rules governing the reporting of consumer fireworks-related injuries by health care providers. Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2011, c. 416, §6 (NEW); PL 2011, c. 416, §9 (AFF).]
SECTION HISTORY
PL 1999, c. 671, §12 (NEW). PL 2011, c. 416, §6 (RPR). PL 2011, c. 416, §9 (AFF).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 9-A: FIREWORKS › 8 §237. Seizure, forfeiture and disposal of fireworks

§237. Seizure, forfeiture and disposal of fireworks
1.  Seizure of fireworks.
A law enforcement officer may seize fireworks that the law enforcement officer has probable cause to believe are:
A. Stored, sold, manufactured, transported or found in any person’s possession in violation of this chapter;   [PL 2007, c. 81, §1 (NEW).]
B. Shipped by common carrier in violation of this chapter to the address of a person in the State; or   [PL 2007, c. 81, §1 (NEW).]
C. Surrendered to or otherwise lawfully acquired by a law enforcement agency when there is no permitted claimant under this chapter.   [PL 2007, c. 81, §1 (NEW).]
[PL 2007, c. 81, §1 (NEW).]
2.  Forfeiture of seized fireworks.
All fireworks lawfully seized under this section are contraband and are forfeited to the State.
[PL 2007, c. 81, §1 (NEW).]
3.  Disposal of forfeited fireworks.
The commissioner may dispose of fireworks forfeited to the State under this section in any lawful manner considered appropriate by the commissioner, including, but not limited to, by their auction or destruction or by using them for training purposes.
[PL 2007, c. 81, §1 (NEW).]
4.  Exceptions.
This section does not apply to:
A. Fireworks stored by, manufactured by, transported by, shipped by common carrier to, sold to or in the possession of a person issued a permit pursuant to section 227‑A; or   [PL 2007, c. 81, §1 (NEW).]
B. Fireworks otherwise permitted or exempted under this chapter.   [PL 2007, c. 81, §1 (NEW).]
[PL 2007, c. 81, §1 (NEW).]
5.  Procedure.
The following governs the process of disposing of fireworks seized pursuant to this section.
A. As soon as reasonably possible following a seizure under subsection 1, the law enforcement officer or agency effecting the seizure shall cross-reference the commissioner’s permit records to determine whether a permit exception applies.   [PL 2007, c. 81, §1 (NEW).]
B. If a review of the permit records pursuant to paragraph A discloses that the fireworks were lawfully possessed, sold, stored, transported or manufactured, then the seizing agency shall return them to the lawful possessor as soon as reasonably possible.   [PL 2007, c. 81, §1 (NEW).]
C. A public notice is not required to effect a lawful seizure, forfeiture and disposal if no permit exception applies.   [PL 2007, c. 81, §1 (NEW).]
[PL 2007, c. 81, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 81, §1 (NEW).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §261. Commission (REPEALED)

§261. Commission
(REPEALED)
SECTION HISTORY
PL 1975, c. 771, §103 (AMD). PL 1983, c. 75 (AMD). PL 1983, c. 812, §55 (AMD). PL 1983, c. 834, §1 (RPR). PL 1987, c. 402, §A81 (RPR). PL 1989, c. 503, §B48 (AMD). PL 1991, c. 579, §3 (RP). PL 1991, c. 579, §18 (AFF).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §261-A. Commission

§261-A. Commission
1.  Establishment.
The State Harness Racing Commission as established by Title 5, section 12004‑G, subsection 32 and referred to in this chapter as the "commission," shall carry out the functions specified in this chapter. The commission is affiliated with the department as specified in this chapter.
[PL 1997, c. 528, §3 (AMD).]
2.  Members.
The commission consists of 5 members appointed by the Governor. One member must be a member of the general public with no industry affiliation. One member must be affiliated with an agricultural society that conducts an annual agricultural fair. The other 3 members must be persons with a knowledge of harness racing.
[PL 1991, c. 579, §4 (NEW); PL 1991, c. 579, §18 (AFF).]
3.  Geographic distribution.
The members must be appointed to provide broad geographic representation.
[PL 1991, c. 579, §4 (NEW); PL 1991, c. 579, §18 (AFF).]
4.  Term of office.
Members of the commission serve 3-year terms. For appointments that expire in 2003, the Governor shall appoint one commissioner for a term of one year, 2 commissioners for a term of 2 years and 2 commissioners for a term of 3 years. Any vacancy is filled by appointment for the remainder of the unexpired term of that member. Members whose terms expire serve until their successors are qualified and appointed.
[PL 2001, c. 63, §1 (AMD).]
5.  Confirmation.
Appointees must be reviewed by the joint standing committee of the Legislature having jurisdiction over agricultural matters and are subject to confirmation by the Legislature.
[PL 1991, c. 579, §4 (NEW); PL 1991, c. 579, §18 (AFF).]
6.  Chair.
The Governor shall appoint one of the 5 commission members as chair. The chair serves at the pleasure of the Governor.
[PL 2001, c. 63, §2 (AMD).]
7.  Removal.
Except as provided in subsection 6, the Governor may remove any member of the commission for just cause. A member who is subject to removal must be given a copy of the charges against that member and must, upon request, be given an opportunity to be heard upon 10 days' notice.
[PL 1991, c. 824, Pt. A, §9 (AMD).]
8.  Conflict of interest.
A commission member may not participate in any matter before the commission in which that member has a direct or indirect pecuniary interest or personal bias or if any other conflict of interest is determined by the commission to exist, either on its own motion or in response to a written complaint.
[PL 1991, c. 579, §4 (NEW); PL 1991, c. 579, §18 (AFF).]
SECTION HISTORY
PL 1991, c. 579, §4 (NEW). PL 1991, c. 579, §18 (AFF). PL 1991, c. 780, §RR2 (AMD). PL 1991, c. 824, §A9 (AMD). PL 1997, c. 527, §1 (AMD). PL 1997, c. 528, §§3-5 (AMD). PL 2001, c. 63, §§1,2 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §262. Organization

§262. Organization
Three of the members of the commission constitute a quorum to do business. The commission shall meet as necessary to accomplish the purposes of this chapter and shall keep a record of all proceedings of the commission and preserve all books, maps, documents, papers and records entrusted to its care.   [PL 2017, c. 231, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 594, §14 (AMD). PL 1973, c. 537, §§5-A (AMD). PL 1979, c. 731, §19 (AMD). PL 1983, c. 834, §2 (AMD). PL 1991, c. 579, §5 (AMD). PL 2017, c. 231, §1 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §263-B. Department responsibilities

§263-B. Department responsibilities
The department has the following responsibilities under this chapter.   [PL 1997, c. 528, §6 (NEW).]
1.  Strategies.
The department shall work with members of the harness racing industry to formulate common strategies for improving the status of harness racing in the State.
[PL 1997, c. 528, §6 (NEW).]
2.  Leadership in policy making.
The department, in conjunction with the commission, shall develop state policy with regard to the harness racing industry and shall address the needs of the industry to remain competitive.
[PL 2003, c. 401, §1 (AMD).]
3.  Review of statutes.
The department, in conjunction with the commission, shall maintain an ongoing review of the statutes relating to harness racing and make recommendations to the Governor and the Legislature regarding the need for changes in statutes to improve the condition of the harness racing industry and the conduct and regulation of harness racing and off-track betting.
[PL 2003, c. 401, §1 (AMD).]
4.  Oversight of disbursements.
The department may require licensees to provide financial records and reports related to sections 281, 298, 299 and 300. The department may audit records and reports provided under this subsection.
[PL 2017, c. 231, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 528, §6 (NEW). PL 2003, c. 401, §1 (AMD). PL 2017, c. 231, §3 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §263-C. Executive director (REALLOCATED FROM TITLE 8, SECTION 263-A)

§263-C. Executive director
(REALLOCATED FROM TITLE 8, SECTION 263-A)
The chief operating officer of the State Harness Racing Commission is the executive director.   [PL 1999, c. 790, Pt. A, §8 (RAL).]
1.  Position.
The executive director is a classified position within the department.
[PL 2003, c. 401, §2 (AMD).]
2.  Appointment.
The commissioner shall appoint an executive director with the approval of the commission. The executive director is the principal administrative, operational and executive employee of the commission.
[PL 2003, c. 401, §3 (RPR).]
3.  Qualifications.
The executive director must have knowledge of harness racing and a proven record of leadership.
[PL 1999, c. 790, Pt. A, §8 (RAL).]
4.  Duties.
The executive director has the following duties:
A. Management of the work of the commission, including:
(1) Rulemaking;
(2) Processing appeals;
(3) Licensing of tracks and off-track betting facilities;
(4) Setting race dates;
(5) Making reports to the Governor and Legislature and recommendations to the commissioner regarding harness racing and off-track betting operations and the need for changes in statutes and rules; and
(6) Presenting evidence in adjudicatory hearings before the commission regarding alleged violations of this chapter or rules adopted in accordance with this chapter; and   [PL 2007, c. 611, §4 (AMD).]
B. Management of the work of the department regarding harness racing and off-track betting, including:
(1) Supervision of all staff involved in harness racing and off-track betting functions;
(2) Management of the collection and distribution of revenues under this chapter;
(3) Budget development and management;
(4) Policy development with regard to harness racing and off-track betting;
(5) Management of participant licensing;
(6) Enforcement of harness racing and off-track betting statutes and rules;
(7) Investigation of harness racing and off-track betting violations; and
(8) Facilitating the development of positive working relationships in the harness racing industry and State Government.   [PL 2003, c. 687, Pt. B, §2 (RPR); PL 2003, c. 687, Pt. B, §11 (AFF).]
[PL 2007, c. 611, §4 (AMD).]
SECTION HISTORY
PL 1999, c. 790, §A8 (RAL). PL 2003, c. 401, §§2-4 (AMD). IB 2003, c. 1, §2 (AMD). PL 2003, c. 687, §B2 (AMD). PL 2003, c. 687, §B11 (AFF). PL 2007, c. 611, §4 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §264. Employees

§264. Employees
The department may employ such personnel as it considers necessary to provide adequate oversight and enforcement and to carry out the purposes of this chapter, subject to the Civil Service Law. The department may fix the compensation of the employees on a per diem basis, subject to the Civil Service Law.   [PL 1997, c. 735, §1 (RPR).]
Notwithstanding the provisions of this section, all officials whose presence is regularly required at a race meet must be licensed by the commission. The commission shall adopt rules providing for standards for the licensure and conduct of presiding and associate judges. For purposes of the Maine Tort Claims Act, the presiding judge and associate judges licensed pursuant to this section are deemed to be employees of the State, as those terms are defined in Title 14, section 8102, subsections 1 and 4.   [PL 2017, c. 231, §4 (AMD).]
When a presiding judge or an associate judge is required to attend an appeal hearing under section 263‑A before the commission, the judge is entitled to mileage reimbursement consistent with Title 5, section 8 and a per diem of $100 per day. To receive compensation for appearance at an appeal hearing, a presiding judge or associate judge must submit an expense voucher consistent with Title 5, section 12002‑C.   [PL 2017, c. 231, §4 (NEW).]
SECTION HISTORY
PL 1971, c. 594, §15 (RPR). PL 1979, c. 731, §19 (AMD). PL 1985, c. 785, §B50 (AMD). PL 1991, c. 579, §6 (RPR). PL 1997, c. 528, §7 (AMD). PL 1997, c. 735, §1 (RPR). PL 2001, c. 567, §1 (AMD). PL 2003, c. 401, §5 (AMD). PL 2017, c. 231, §4 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §265. Compensation

§265. Compensation
Members of the commission are entitled to be compensated as provided in Title 5, chapter 379.   [PL 1997, c. 527, §3 (AMD); PL 1997, c. 528, §8 (AMD).]
Compensation of the members of the commission and all other necessary expenses of the commission must be paid out of the operating account established under section 267‑A.   [PL 2007, c. 539, Pt. G, §2 (AMD); PL 2007, c. 539, Pt. G, §15 (AFF).]
SECTION HISTORY
PL 1979, c. 672, §A45 (RPR). PL 1983, c. 812, §56 (RPR). PL 1991, c. 579, §7 (AMD). PL 1997, c. 527, §3 (AMD). PL 1997, c. 528, §8 (AMD). PL 2007, c. 539, Pt. G, §2 (AMD). PL 2007, c. 539, Pt. G, §15 (AFF).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §266. Disbursements

§266. Disbursements
Compensation of the commissioners, their assistants and all other necessary expenses of the commission shall be paid out of the operating account established under section 267‑A.   [PL 2007, c. 539, Pt. G, §3 (AMD); PL 2007, c. 539, Pt. G, §15 (AFF).]
SECTION HISTORY
PL 2007, c. 539, Pt. G, §3 (AMD). PL 2007, c. 539, Pt. G, §15 (AFF).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §268. Rules

§268. Rules
The commission shall adopt rules for holding, conducting and operating all harness horse races or meets for public exhibition held in this State; for the establishment of a minimum number of race dates at commercial tracks; and for the operation of racetracks on which any such race or meet is held.   [PL 2017, c. 231, §6 (AMD).]
The commission may adopt rules for licensing and operating off-track betting facilities. The commission shall submit proposed rules or proposed amendments to rules related to off-track betting to each member of the joint standing committee of the Legislature having jurisdiction over legal affairs and to each member of the joint standing committee of the Legislature having jurisdiction over agricultural matters not less than 20 days before a public hearing on the proposed rule or amendment and not less than 20 days before adoption of such a rule or amendment without a public hearing. The notice must include a copy of the proposed rule or amendment.   [PL 2017, c. 231, §7 (AMD).]
The commission may authorize licensees of extended meets to provide for the simulcasting of entire racing cards for horse racing during the first 8 weeks of each year.   [PL 1993, c. 95, §1 (AMD).]
The commission may adopt rules allowing interstate simulcasting of horse racing at a licensee's race track during any regular meeting.   [PL 1993, c. 95, §1 (AMD).]
The commission shall adopt rules specifying the manner in which an off-track betting facility or a racetrack conducting simulcasting may provide adequate coverage of broadcasts originating in the State. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A.   [PL 1997, c. 528, §10 (NEW).]
SECTION HISTORY
PL 1969, c. 526, §1 (RPR). PL 1973, c. 309 (RPR). PL 1987, c. 886, §1 (AMD). PL 1989, c. 882 (AMD). PL 1991, c. 542, §§1,2 (AMD). PL 1991, c. 542, §3 (AFF). PL 1991, c. 579, §9 (AMD). PL 1993, c. 95, §1 (AMD). PL 1993, c. 388, §3 (AMD). PL 1997, c. 528, §10 (AMD). PL 1999, c. 394, §1 (AMD). PL 2017, c. 231, §§6, 7 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §270. Licenses

§270. Licenses
Any person, association or corporation licensed to conduct pari-mutuel betting desiring to hold a harness horse race or meet for public exhibition if pari-mutuel betting is permitted shall apply to the commission for a license to do so. The application must be signed and sworn to by the person or executive officer of the association or corporation and must contain the following information:   [PL 2003, c. 401, §6 (AMD).]
1.  Name and address.
The full name and address of the person, association or corporation;
2.  If an association.
If an association, the names and residences of the members of the association;
3.  If a corporation.
If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors and stockholders;
4.  Location to conduct races.
The exact location where it is desired to conduct or hold races or race meets;
4-A.  Requested dates.
The dates and time of day or night on which it is desired to conduct or hold races or race meets;
[PL 1985, c. 444, §1 (NEW).]
5.  If racing plant owned or leased.
Whether or not the racing plant is owned or leased, and if leased, the name of the fee owner of the real estate, who, unless the fee owner is a governmental entity or agricultural fair association, shall provide the following:
A. A current financial statement of the owner showing assets and liabilities;   [PL 2019, c. 626, §3 (NEW).]
B. A current operating statement of the owner showing income and expenses relating to the real estate;   [PL 2019, c. 626, §3 (NEW).]
C. If the owner is an individual, the residence of the owner;   [PL 2019, c. 626, §3 (NEW).]
D. If the owner is a partnership or a corporation whose stock is not publicly traded, the principal address of the partnership or corporation and the name, address and occupation of each partner, officer, director and shareholder of the partnership or corporation; and   [PL 2019, c. 626, §3 (NEW).]
E. If the owner is a corporation whose stock is publicly traded, the principal address of the corporation and the name, address and occupation of each officer and director and each shareholder owning or controlling 10% or more of the stock of the corporation and, for a shareholder owning 10% or more of the stock of the corporation that is a partnership or corporation, the principal address of the partnership or corporation and the name, address and occupation of each partner, officer, director and shareholder of the partnership or corporation;   [PL 2019, c. 626, §3 (NEW).]
[PL 2019, c. 626, §3 (AMD).]
6.  Assets and liabilities.
A statement of the assets and liabilities of the person, association or corporation making such application;
7.  Other information.
Such other information as the commission may require.
SECTION HISTORY
PL 1985, c. 444, §1 (AMD). PL 2001, c. 567, §2 (AMD). PL 2003, c. 401, §6 (AMD). PL 2019, c. 626, §3 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §270-A. Confidentiality of records and information

§270-A. Confidentiality of records and information
For the purposes of Title 1, section 402, subsection 3, the types of records and information listed in section 1006, subsection 1 when collected by or provided to the commission are designated as confidential and may not be disclosed except as provided in section 1006, subsection 2. This section applies to information or records included in an application or materials required by the commission for issuance of a commercial track license, including records obtained or developed by the commission related to an applicant or licensee.   [PL 2007, c. 483, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 483, §1 (NEW).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §272. Bonds

§272. Bonds
Every person, association or corporation licensed under this chapter shall, before said license is issued, give bond or irrevocable letter of credit to the State in such reasonable sum, not exceeding $100,000, as may be fixed by the commission, with a surety or sureties to be approved by the commission, conditioned to faithfully make the payments prescribed by this chapter and to keep its books and records and make reports as provided, and to conduct its racing in conformity with this chapter and the rules and regulations prescribed by the commission.   [PL 2003, c. 401, §7 (AMD).]
SECTION HISTORY
PL 1969, c. 526, §2 (AMD). PL 2003, c. 401, §7 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §272-A. Trust account (REPEALED)

§272-A. Trust account
(REPEALED)
SECTION HISTORY
PL 1997, c. 474, §2 (NEW). PL 1997, c. 474, §6 (AFF). PL 1997, c. 735, §§2-4 (AMD). PL 1999, c. 482, §1 (AMD). PL 2003, c. 401, §8 (RP).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §272-C. Trust account

§272-C. Trust account
1.  Establishment; deposits; rules.
A licensee conducting live racing in the State shall establish a trust account for the benefit of the persons who race horses at that licensee's facility. Except as provided by subsection 3, funds distributed to or retained by the licensee pursuant to sections 287, 289, 290, 292 and 298 and Title 7, section 91, less any administrative assessments pursuant to section 267‑A, that must be used to pay or supplement harness racing purses must be deposited in that account and used exclusively to pay harness racing purses. The funds in a trust account established in accordance with this subsection are not considered to be property of the licensee, may not be pledged as security for the debts of the licensee and are not subject to attachment or execution by creditors of the licensee. The commission may adopt rules governing the handling of trust accounts, providing for the reallocation of trust account funds to other licensed commercial tracks in the event that a track ceases operation or cancels a significant number of race days, as determined by the commission, and governing the handling of harness racing purses at any commercial track that does not have a contract with a statewide horsemen association. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2017, c. 231, §13 (AMD).]
2.  Payment if licensee fails to conduct racing.
If a licensee ceases to operate and therefore fails to conduct racing during any of the assigned race dates in a calendar year, all funds not committed to pay purses held in the trust account established under this section by that licensee must be returned within 15 days to the commission, which shall return to the licensee any amount that represented a reimbursement that equaled an overpayment of harness racing purses. Any remaining balance of the trust account must be redistributed by the commission to the trust accounts of all racetracks that continue to conduct live racing in the State, with each track receiving that portion of money determined by multiplying the amount of money available for redistribution by a fraction, the numerator of which is the number of race dates at that racing facility during the prior calendar year and the denominator of which is the total number of race dates throughout the State during that year, except that those funds received by a licensee pursuant to section 298 must be returned to the fund to supplement harness racing purses established in section 298 and must be distributed according to that section.
[PL 2017, c. 231, §13 (AMD).]
3.  Limited interim use of funds permitted.
[PL 2013, c. 490, §2 (NEW); MRSA T. 8 §272-C, sub-§3 (RP).]
SECTION HISTORY
PL 2013, c. 490, §2 (NEW). PL 2017, c. 231, §13 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §273. Penalties

§273. Penalties
Any person, association or corporation holding or conducting, or any person or persons aiding or abetting in the holding or conducting of, any harness horse race or meet for public exhibition within the State without a license duly issued by the commission when a license is required under sections 269 and 270 commits a Class D crime.   [PL 2007, c. 611, §5 (AMD).]
SECTION HISTORY
PL 2007, c. 611, §5 (AMD).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §274. Pari-mutuel pools (REPEALED)

§274. Pari-mutuel pools
(REPEALED)
SECTION HISTORY
PL 1965, c. 511, §1 (AMD). PL 1971, c. 433, §1 (AMD). PL 1973, c. 391, §1 (AMD). PL 1977, c. 96, §§2-4 (AMD). PL 1979, c. 672, §A46 (AMD). PL 1981, c. 705, §Q2 (RPR). PL 1985, c. 444, §3 (AMD). PL 1987, c. 759, §§2-4 (AMD). PL 1989, c. 787, §§A1,2 (AMD). PL 1991, c. 686, §1 (AMD). PL 1993, c. 388, §5 (RP).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §274-A. Off-track betting (REPEALED)

§274-A. Off-track betting
(REPEALED)
SECTION HISTORY
PL 1991, c. 579, §11 (NEW). PL 1991, c. 686, §2 (AMD). PL 1993, c. 388, §6 (RP).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §275. Taxes (REPEALED)

§275. Taxes
(REPEALED)
SECTION HISTORY
PL 1973, c. 391, §2 (AMD). PL 1977, c. 96, §§5,6 (AMD). PL 1977, c. 564, §§40,41 (AMD). PL 1979, c. 672, §A47 (AMD). PL 1981, c. 705, §Q3 (AMD). PL 1985, c. 444, §4 (AMD). PL 1987, c. 759, §§5,6 (AMD). PL 1987, c. 886, §2 (AMD). PL 1989, c. 787, §A3 (AMD). PL 1991, c. 579, §12 (AMD). PL 1993, c. 388, §7 (RP).
2023 Maine Revised Statutes › TITLE 8: AMUSEMENTS AND SPORTS › Chapter 11: HARNESS RACING › 8 §275-B. Sale of pari-mutuel pools

§275-B. Sale of pari-mutuel pools
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
The following persons may sell pari-mutuel pools on horse racing in accordance with this chapter and rules adopted by the commission.   [PL 1993, c. 388, §8 (NEW).]
1.  Racetracks.
A person licensed pursuant to section 271 to conduct harness horse racing with pari-mutuel betting may sell pari-mutuel pools and common pari-mutuel pools for simulcast races. The seller must be within the enclosure of the racetrack where the licensed race or race meet is conducted or within the licensee's slot machine facilities licensed pursuant to section 1011.
[PL 2011, c. 142, §1 (AMD).]
2.  Off-track betting facility.
A person licensed pursuant to section 275‑D to operate an off-track betting facility may sell pari-mutuel pools at that licensed facility.
[PL 1993, c. 388, §8 (NEW).]
3.  (TEXT EFFECTIVE UNTIL 1/1/26) (TEXT REPEALED 1/1/26) Facilities approved by commission.
Notwithstanding any provision of this chapter to the contrary, a person licensed pursuant to section 271 to conduct harness horse racing with pari-mutuel betting may sell pari-mutuel pools and common pari-mutuel pools for simulcast races at a facility if approved by the commission under this subsection. The commission may approve a facility under this subsection only if it is located within the same county as the commercial track where the race or races are conducted, it is not located within the same municipality as an off-track betting facility licensed under section 275‑D and the municipal officers of the municipality in which the facility is located approve of the sale of pari-mutuel pools or common pari-mutuel pools at the facility. A person authorized to operate a facility that receives approval under this subsection shall provide the municipality in which the facility is located 5% of the track share of the commission allocated by section 286, subsection 5.
A person authorized to sell pari-mutuel pools and common pari-mutuel pools for simulcast races at a facility under this subsection may conduct at the facility any other activities incidental to and permitted by that license under section 271.
This subsection is repealed January 1, 2026.
[PL 2023, c. 51, §1 (AMD).]
SECTION HISTORY
PL 1993, c. 388, §8 (NEW). PL 2003, c. 401, §11 (AMD). PL 2011, c. 142, §1 (AMD). PL 2021, c. 406, §3 (AMD). PL 2023, c. 51, §1 (AMD).