Sec. I-1. 15 MRSA §5821, sub-§4-A, as enacted by PL 1989, c. 820, §1, is amended to read:
4-A. Conveyances used in violation of litter laws. All conveyances, including aircraft, watercraft, vehicles, vessels, containers or cranes that are used, or attempted to be used, to dump more than 500 pounds or more than 100 cubic feet of litter in violation of Title 17, section 2264 2264-A;
Sec. I-2. 17 MRSA §312, as amended by PL 1991, c. 426, §2, is repealed and the following enacted in its place:
§312. License required; restricted hours
1. License required. A person, firm, association or corporation may not hold, conduct or operate the amusement commonly known as "beano" or "bingo" for the entertainment of the public within the State unless that person, firm, association or corporation has obtained a license from the Chief of the State Police.
2. Aiding and abetting. A person, firm, association or corporation may not aid or abet in violation of subsection 1.
3. Restricted hours. A person, firm, association or corporation may not conduct "beano" or "bingo" on Christmas or between the hours of 12 midnight and 7 a.m. A person, firm, association or corporation may not conduct "beano" or "bingo" on Sunday, except after the hour of 11 a.m. The prevailing time for the State is used to determine these hours.
4. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $1,000 may be adjudged.
5. Application. This chapter may not be construed to apply to any other amusement or game.
Sec. I-3. 17 MRSA §314-A, sub-§1, as amended by PL 1991, c. 426, §3 and affected by §9, is further amended to read:
1. Eligible organizations. The Chief of the State Police may issue licenses to operate high-stakes beano or high-stakes bingo to any a federally recognized Indian tribe.
A. The Chief of the State Police may also issue, to any a federally recognized tribe, licenses to sell lucky seven or other similar sealed tickets in accordance with section 324 324-A.
B. In conjunction with the operation of high-stakes beano, federally recognized Indian tribes holding a license under this section may advertise and offer prizes for attendance with a value of up to $25,000 under the terms prescribed for raffles in section 331, subsection 6. Any prize awarded under this paragraph must be awarded only on the basis of a ticket of admission to the high-stakes beano game and may only be awarded to a person who holds an admission ticket.
The Chief of the State Police may not issue more than one license under this section to a federally recognized Indian tribe for the same period.
Sec. I-4. 17 MRSA §314-A, sub-§§1-A and 2-A are enacted to read:
1-A. Sealed tickets. The Chief of the State Police may also issue to any federally recognized Indian tribe licenses to sell lucky seven or other similar sealed tickets in accordance with section 324-A.
2-A. Attendance prizes. In conjunction with the operation of high-stakes beano, a federally recognized Indian tribe holding a license under this section may advertise and offer prizes for attendance with a value of up to $25,000 under the terms prescribed for raffles in section 331, subsection 6. A prize awarded under this subsection may be awarded only on the basis of a ticket of admission to the high-stakes beano game and may be awarded only to a person who holds an admission ticket.
Sec. I-5. 17 MRSA §314-A, sub-§3-A is enacted to read:
3-A. Exception. Notwithstanding subsection 3, an organization licensed under this section may operate high-stakes beano or high-stakes bingo games on New Year's Eve and New Year's Day.
Sec. I-6. 17 MRSA §314-A, sub-§5, as amended by PL 1991, c. 426, §5, is repealed and the following enacted in its place:
5. Restrictions; penalty. A licensee may not:
A. Transfer or assign a license issued under this section;
B. Operate or conduct a beano game or high-stakes beano game on the same premises on the same date as another licensee; or
C. Conduct a game outside the Indian Territory of the licensed organization.
A licensee who violates this subsection commits a civil violation for which a fine of not more than $1,000 may be adjudged.
Sec. I-7. 17 MRSA §314-A, sub-§9, as enacted by PL 2001, c. 295, §1, is repealed.
Sec. I-8. 17 MRSA §320, as amended by PL 1987, c. 197, §5, is repealed and the following enacted in its place:
1. Liquor prohibited. A licensee may not conduct "beano" or "bingo" in the same room where liquor is sold, served or consumed during the period of one hour before the conduct of the games.
2. Disorderly persons prohibited. A licensee may not permit a disorderly person to enter or remain within the room or area where "beano" or "bingo" games are being conducted.
3. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $1,000 may be adjudged.
Sec. I-9. 17 MRSA §324, as amended by PL 1997, c. 373, §8, is repealed.
Sec. I-10. 17 MRSA §324-A is enacted to read:
§324-A. Games of chance prohibited at "beano" locations
1. Games of chance where "beano" located. A person may not conduct a "beano" game at any location where a lottery or other game of chance is conducted.
2. Games of chance before "beano." A person may not conduct a lottery or other game of chance during the period of one hour before the conduct of any "beano" game at the specific location of the "beano" game, except that the following lotteries may be conducted during the period of one hour before the conduct of "beano" games.
A. Lottery tickets issued by the State Liquor and Lottery Commission may be sold when a valid license certificate issued by the commission is properly displayed.
B. Raffle tickets may be sold in accordance with chapter 14.
C. Lucky seven or similar sealed tickets may be sold when that game of chance is licensed by the Chief of the State Police and when a valid license certificate is properly displayed. Notwithstanding the other provisions of this section and section 312, lucky seven games may be conducted during the period beginning 2 hours before and ending 2 hours after a "beano" game.
Notwithstanding any other rule, lucky seven or other similar sealed tickets may be sold that have a sale value of $1 or less.
3. Location defined. For purposes of this section, "location" means the location specified in the location permit.
4. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $1,000 may be adjudged.
Sec. I-11. 17 MRSA §325, as amended by PL 1999, c. 74, §6, is repealed and the following enacted in its place:
1. Violation of chapter or rules; general penalty. Except as otherwise specifically provided, a person, firm, association or corporation that violates a provision of this chapter or a rule of the Chief of the State Police prescribed by authority of this chapter commits a civil violation for which a fine of not more than $1,000 may be adjudged.
2. Commercial beano hall violations. A person, corporation, partnership or unincorporated association that rents or leases a building or facilities to hold, conduct or operate "beano" or "bingo" commits a Class E crime if that person, corporation, partnership or unincorporated association:
A. Rents or leases a building or facilities to hold, conduct or operate a "beano" or "bingo" game without a commercial beano hall permit issued by the Chief of the State Police; or
B. Violates a provision of this chapter or a rule adopted by the Chief of the State Police pursuant to this chapter.
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. I-12. 17 MRSA §401 is repealed and the following enacted in its place:
1. Preventing employment. An employer, employee or other person, by threats of injury, intimidation or force, alone or in combination with others, may not prevent a person from entering into, continuing in or leaving the employment of any person, firm or corporation.
2. Maintaining blacklist. An employer, agent of an employer or other person, alone or in combination with others, may not attempt to prevent a wage earner in any industry from obtaining employment at that wage earner's trade by maintaining or being a party to the maintaining of a blacklist.
3. Penalty. A person who violates this section commits a Class D crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. I-13. 17 MRSA §1031, sub-§1, as amended by PL 2003, c. 414, Pt. B, §30, is further amended to read:
1. Cruelty to animals. Except as provided in subsection 1-A subsections 1-D and 1-E, a person, including an owner or the owner's agent, is guilty of cruelty to animals if that person intentionally, knowingly or recklessly:
A. Kills or attempts to kill any animal belonging to another person without the consent of the owner or without legal privilege. Violation of this paragraph is a Class D crime;
A-1. Violates paragraph A and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
B. Except for a licensed veterinarian or a person certified under section 1042, kills or attempts to kill an animal by a method that does not cause instantaneous death. Violation of this paragraph is a Class D crime;
B-1. Violates paragraph B and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
C. If that person is a licensed veterinarian or a person certified under section 1042, kills or attempts to kill an animal by a method that does not conform to standards adopted by a national association of licensed veterinarians. Violation of this paragraph is a Class D crime;
C-1. Violates paragraph C and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
D. Injures, overworks, tortures, torments, abandons or cruelly beats or intentionally mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The owner or occupant of property is privileged to use reasonable force to eject a trespassing animal. Violation of this paragraph is a Class D crime;
D-1. Violates paragraph D and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
E. Deprives an animal that the person owns or possesses of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions. Violation of this paragraph is a Class D crime;
E-1. Violates paragraph E and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
F. Keeps or leaves a domestic animal on an uninhabited or barren island lying off the coast of the State during the month of December, January, February or March without providing necessary sustenance and proper shelter. Violation of this paragraph is a Class D crime;
F-1. Violates paragraph F and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted pursuant to Title 7, chapter 202-A and Title 12, Part 13. Violation of this paragraph is a Class D crime;
G-1. Violates paragraph G and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
H. Injects, inserts or causes ingestion of any substance used solely to enhance the performance of an animal by altering the animal's metabolism to that animal's detriment, including but not limited to excessive levels of sodium bicarbonate in equines used for competition. Violation of this paragraph is a Class D crime;
H-1. Violates paragraph H and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
I. Commits bestiality on an animal. For purposes of this paragraph, "commits bestiality" means that a person:
(1) Engages in a sexual act with an animal for the purpose of that person's sexual gratification;
(2) Coerces anyone to engage in a sexual act with an animal;
(3) Engages in a sexual act with an animal in the presence of a minor;
(4) Uses any part of the person's body or an object to sexually stimulate an animal;
(5) Videotapes a person engaging in a sexual act with an animal; or
(6) For the purpose of that person's sexual gratification, kills or physically abuses an animal.
For purposes of this paragraph, "sexual act" means any act between a person and an animal involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other. A sexual act may be proved without allegation or proof of penetration.
This paragraph may not be construed to prohibit normal and accepted practices of animal husbandry;.
Violation of this paragraph is a Class D crime;
I-1. Violates paragraph I and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
J. Kills or tortures an animal to frighten or intimidate a person or forces a person to injure or kill an animal. Violation of this paragraph is a Class D crime; or
J-1. Violates paragraph J and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime.
Sec. I-14. 17 MRSA §1031, sub-§1-A, as amended by PL 1999, c. 481, §1, is repealed.
Sec. I-15. 17 MRSA §1031, sub-§1-B, as amended by PL 2003, c. 405, §24, is further amended to read:
1-B. Aggravated cruelty to animals. A person is guilty of aggravated cruelty to animals if that person, in a manner manifesting a depraved indifference to animal life or suffering, intentionally, knowingly or recklessly:
A. Causes extreme physical pain to an animal;
B. Causes the death of an animal; or
C. Physically tortures an animal.
Notwithstanding Title 17-A, section 1301, the court shall impose a fine of not less than $1,000 and not more than $10,000 for a first or subsequent violation of this subsection. The sentencing provisions in subsection 3-B also apply to a person convicted of aggravated cruelty to animals.
Sec. I-16. 17 MRSA §1031, sub-§§1-C, 1-D and 1-E are enacted to read:
1-C. Cat or dog; exceptions. Except as provided in subsections 1-D and 1-E, a person is guilty of cruelty to animals if that person intentionally, knowingly or recklessly:
A. Kills or attempts to kill a cat or dog. Violation of this paragraph is a Class D crime; or
B. Violates paragraph A and, at the time of the offense, has 2 or more convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime.
1-D. Licensed veterinarian. A licensed veterinarian or a person certified under section 1042 may kill a cat or dog according to the methods of euthanasia under subchapter 4.
1-E. Owner or owner's agent. A person who owns a cat or dog, or the owner's agent, may kill that owner's cat or dog by shooting it with a firearm if the following conditions are met:
A. The shooting is performed by a person 18 years of age or older using a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot;
B. Death is instantaneous;
C. Maximum precaution is taken to protect the general public, employees and other animals; and
D. Any restraint of the cat or dog during the shooting does not cause undue suffering.
Sec. I-17. 17 MRSA §1031, sub-§2, ¶B, as enacted by PL 1987, c. 383, §4, is amended to read:
B. The defendant's conduct or that of his the defendant's agent was designed to control or eliminate rodents, ants or other common pests on his the defendant's own property; or
Sec. I-18. 17 MRSA §1031, sub-§3, as repealed and replaced by PL 2001, c. 425, §9, is repealed.
Sec. I-19. 17 MRSA §1031, sub-§3-A, as enacted by PL 2001, c. 425, §10, is repealed.
Sec. I-20. 17 MRSA §1031, sub-§3-B is enacted to read:
3-B. Penalties. The following apply to violations of this section.
A. In addition to any other penalty authorized by law, the court shall impose a fine of not less than $250 for each violation of this section. The court may order the defendant to pay the costs of the care, housing and veterinary medical treatment for the animal.
B. The court, as part of the sentence for a violation of this section, may prohibit the defendant from owning, possessing or having on the defendant's premises an animal or animals as determined by the court for a period of time, up to and including permanent relinquishment, as determined by the court. A person placed on probation for a violation of this section with a condition that prohibits owning, possessing or having an animal or animals on the probationer's premises is subject to revocation of probation and removal of the animal or animals at the probationer's expense if this condition is violated. The court as part of the sentence may order, as a condition of probation, that the defendant be evaluated to determine the need for psychiatric or psychological counseling and, if it is determined appropriate by the court, to receive psychiatric or psychological counseling at the defendant's expense.
C. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Sec. I-21. 17 MRSA §1032, sub-§1, as amended by PL 1999, c. 481, §2, is further amended to read:
1. Cruelty to birds. A person is guilty of cruelty to birds who if that person intentionally, knowingly or recklessly:
A. Keeps or uses any live pigeon, fowl or other bird for a target or to be shot at, either for amusement or as a test of skill in marksmanship. Violation of this paragraph is a Class D crime;
A-1. Violates paragraph A and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1031 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
B. Shoots at any bird or is present as a party, umpire or judge at such shooting. Violation of this paragraph is a Class D crime; or
B-1. Violates paragraph B and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1031 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime;
C. Rents any building, shed, room, yard, field or premises or knowingly suffers the use of the building, shed, room, yard, field or premises for these any of the purposes described in paragraphs A and B. Violation of this paragraph is a Class D crime; or
C-1. Violates paragraph C and, at the time of the offense, has 2 or more prior convictions for violations of this section, section 1031 or essentially similar crimes in other jurisdictions. Violation of this paragraph is a Class C crime.
Sec. I-22. 17 MRSA §1032, sub-§2, as amended by PL 1999, c. 481, §2, is repealed and the following enacted in its place:
2. Penalty. The following apply to violations of this section.
A. In addition to any other penalty authorized by law, the court shall impose a fine of not less than $100 for each violation of this section.
B. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Sec. I-23. 17 MRSA §1033, sub-§1, as amended by PL 1997, c. 690, §72, is further amended to read:
1. Animal fighting. A person is guilty of animal fighting who if that person knowingly:
A. Owns, possesses, keeps or trains any animal with the intent that the animal engage in an exhibition of fighting with another animal;
B. For amusement or gain, causes any animal to fight with another animal or causes any animals to injure each other; or
C. Permits any act in violation of paragraph A or B to be done on any premises under that person's charge or control.
Animal fighting is a Class C crime. In addition to any other penalty authorized by law, the court shall impose a fine of not less than $500 for each violation of this section.
Sec. I-24. 17 MRSA §1033, sub-§1-A is enacted to read:
1-A. Penalty. A person who violates subsection 1 commits a Class C crime. In addition to any other penalty authorized by law, the court shall impose a fine of not less than $500 for each violation of subsection 1.
Sec. I-25. 17 MRSA §1033, sub-§2, as enacted by PL 1987, c. 383, §4, is amended to read:
2. Viewing animal fighting. Any A person who is guilty of viewing animal fighting if that person knowingly is present at any place or building where preparations are being made for an exhibition of the fighting of animals or is present at such an exhibition is guilty of a Class D crime.
Sec. I-26. 17 MRSA §1033, sub-§2-A is enacted to read:
2-A. Penalty. A person who violates subsection 2 commits a Class D crime.
Sec. I-27. 17 MRSA §1314, as amended by PL 1981, c. 584, §2, is repealed and the following enacted in its place:
1. Public facilities; other rights. A person, firm or corporation or the agent of a person, firm or corporation may not:
A. Deny or interfere with admittance to or enjoyment of the public facilities described in section 1312; or
B. Otherwise interfere with the rights of a person who is totally or partially blind or a person with other disabilities under section 1312.
2. Penalty. Violation of this section is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. I-28. 17 MRSA §1314-A is enacted to read:
§1314-A. Misrepresentation of guide dog
A person who fits a dog with a harness of the type commonly used by blind persons in order to represent that the dog is a guide dog, when training of the type that guide dogs normally receive has not been provided, commits a civil violation for which a fine of not more than $100 may be adjudged.
Sec. I-29. 17 MRSA §1603, as amended by PL 1991, c. 797, §2, is repealed and the following enacted in its place:
§1603. Uttering fraudulent receipts
1. Fraudulent receipt for delivery or deposit of goods. A person who fraudulently makes or utters a receipt or other written evidence of the delivery or deposit of any grain, flour, pork, wool or other goods, wares or merchandise in any warehouse, mill, store or other building, when the quantity specified therein had not, in fact, been delivered or deposited in such building, commits a Class B crime.
2. Fraudulent receipt for delivery and deposit of bonds or securities. A person who fraudulently makes or utters a receipt or other written evidence of the delivery or deposit with that person of any bonds or other securities or evidences of debt, when the same have not, in fact, been so delivered and deposited, commits a Class B crime.
Sec. I-30. 17 MRSA §1608-A, as enacted by PL 1965, c. 71, is repealed and the following enacted in its place:
§1608-A. Sale of finger alphabet cards as inducement in sale of merchandise
1. Sale of finger alphabet cards. A person may not engage in the business of peddling finger alphabet cards or printed matter stating that the person is deaf or use finger alphabet cards or such printed matter in any way as a means of inducement in the sale of merchandise.
2. Issuance of license prohibited. A person may not issue to another person a state or local license for the purpose of peddling finger alphabet cards or printed matter stating that the other person is deaf.
3. Penalty. A person who violates this section commits a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. I-31. 17 MRSA §1610, as repealed and replaced by PL 1965, c. 15, is repealed and the following enacted in its place:
§1610. Misrepresenting livestock
1. Obtaining or transferring certificate of registration. A person may not make a false or fraudulent representation for the purpose of:
A. Obtaining a certificate of registration of an animal in a herd register or other register of a club, association, society, company or corporation; or
B. Transferring a certificate of registration.
2. Misrepresentation of registration. A person may not represent that an animal is a registered animal, or has been registered, with the intent that the representation be relied upon by another unless the animal is registered.
3. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $300 may be adjudged.
4. Definition. For purposes of this section, "registered animal" means an animal duly recorded in the official herd book or similar register of any recognized purebred registry association organized for the purpose of registering a particular breed of animals whose lineage has been established by records.
Sec. I-32. 17 MRSA §2263-A is enacted to read:
1. Prohibited acts. A person may not throw, drop, deposit, discard, dump or otherwise dispose of litter in any manner or amount:
A. In or on public highway, road, street, alley, public right-of-way or other public lands, except in a container or receptacle or on property that is designated for disposal of garbage and refuse by the State or its agencies or political subdivisions;
B. In freshwater lake, river, stream, tidal or coastal water or on ice over the water. When any litter is thrown or discarded from a watercraft, a person is in violation of this section if that person is:
(1) The operator of the watercraft, unless it is a watercraft being used for the carriage of passengers for hire; or
(2) The person actually disposing of the litter.
This paragraph does not prohibit persons who fish, lobster or otherwise harvest from the water from returning to the water harvested products, bait and similar materials that naturally originate in the water;
C. In or on any private property, unless:
(1) Prior consent of the owner has been given; and
(2) The litter is not a public nuisance or in violation of any state law or local rule;
D. From a trailer or vehicle that is constructed, loaded or uncovered in such a way that the load may drop, sift, leak or otherwise escape. This paragraph applies to vehicles or trailers carrying trash, rubbish or other materials that may be construed as "litter"; or
E. From a vehicle. When any litter is thrown or discarded from a vehicle, a person is in violation of this section if that person is:
(1) The operator of the vehicle, unless it is a vehicle being used for the carriage of passengers for hire; or
(2) The person actually disposing of the litter.
In addition to any penalty under section 2264-A, violation of this subsection is a traffic infraction under Title 29-A, chapter 23, subchapter VI.
A record of a violation of this subsection must be forwarded to the Secretary of State who, in accordance with Title 29-A, section 2607, shall add the violation to the department's point system. The violation is counted in determining an individual's total points under the point system of the Department of the Secretary of State, Bureau of Motor Vehicles.
2. Commercial purpose presumed. For the purposes of this chapter, if a person dumps litter from a commercial vehicle, that person is presumed to have dumped the litter for a commercial purpose.
Sec. I-33. 17 MRSA §2264, as amended by PL 1995, c. 65, Pt. A, §51 and affected by Pt. A, §153 and Pt. C, §15, is repealed.
Sec. I-34. 17 MRSA §2264-A, sub-§1, as amended by PL 1993, c. 140, §1, is further amended to read:
1. Disposal of 15 pounds or less or 27 cubic feet or less of litter. A person who disposes of less than 15 pounds or less than or 27 cubic feet or less of litter is subject to commits a civil violation for which a forfeiture fine of not more than $500 nor less than $100 for the first violation and a forfeiture of and not more than $500 nor less than $200 for a subsequent violation may be adjudged.
Sec. I-35. 17 MRSA §2264-A, sub-§1-A is enacted to read:
1-A. Disposal of 15 pounds or less or 27 cubic feet or less of litter; subsequent offenses. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
Sec. I-36. 17 MRSA §2264-A, sub-§2, as amended by PL 1993, c. 140, §1, is further amended to read:
2. Disposal of more than 15 pounds or more than 27 cubic feet of litter. A person who disposes of more than 15 pounds or more than 27 cubic feet of litter is subject to commits a civil violation for which a forfeiture fine of not more than $500 nor less than $200 for the first violation and a forfeiture of and not more than $1,000 nor less than $500 for a subsequent violation may be adjudged.
Sec. I-37. 17 MRSA §2264-A, sub-§2-A is enacted to read:
2-A. Disposal of more than 15 pounds or more than 27 cubic feet of litter; subsequent offenses. A person who violates subsection 2 after having previously violated subsection 2 commits a civil violation for which a fine of not less than $500 and not more than $1,000 may be adjudged.
Sec. I-38. 17 MRSA §2264-B, first paragraph, as enacted by PL 1989, c. 820, §5, is amended to read:
In addition to the forfeitures fines imposed in section 2264-A, the court may order a person adjudicated to have violated section 2264 2264-A to:
Sec. I-39. 17 MRSA §2264-B, sub-§§1, 4 and 5, as enacted by PL 1989, c. 820, §5, are amended to read:
1. Removal of litter. Remove the litter dumped in violation of section 2264 2264-A;
4. Public service. Perform public service relating to the removal of litter, or to the restoration of an area polluted by litter, dumped in violation of section 2264 2264-A; and
5. License suspension. Surrender motor vehicle operator's license for a period not exceeding 30 days. The court may suspend an operator's license for any violation of section 2264 which 2264-A that involves the use of a motor vehicle.
Sec. I-40. 17 MRSA §2264-C, as enacted by PL 1989, c. 820, §5, is amended to read:
All conveyances, including aircraft, watercraft, vehicles, vessels, containers or cranes that are used, or attempted to be used, to dump more than 1,000 pounds or more than 100 cubic feet of litter in violation of section 2264 2264-A are subject to forfeiture as provided in Title 15, chapter 517.
Sec. I-41. 17 MRSA §2269, as amended by PL 1989, c. 878, Pt. H, §4, is repealed.
Sec. I-42. 17 MRSA §2269-A is enacted to read:
§2269-A. Litter receptacles; selection and placement
1. Procure, place and maintain litter receptacles. A person who owns or operates an establishment or public place in which litter receptacles are required by this chapter shall procure, place and maintain receptacles at the person's own expense in accordance with this chapter.
2. Required placement. Litter receptacles as defined in section 2263 must be placed at all public places or establishments that serve the public, including, but not limited to: campgrounds, trailer parks, drive-in restaurants, gasoline service stations, parking lots, shopping centers, grocery store parking lots, parking lots of major industrial firms, marinas, boat launching areas, boat moorage and fueling stations, beaches and bathing areas, school grounds and business district sidewalks. The number of receptacles required is as follows:
A. For a campground or trailer park for transient habitation, one receptacle at each public rest room facility;
B. For a drive-in restaurant, parking lot, shopping center, grocery store parking lot or parking lot of a major industrial firm, one receptacle, plus one additional receptacle for each 200 parking spaces in excess of 50 spaces;
C. For a gasoline service station, one receptacle per gasoline pump island;
D. For a marina, boat launching area or boat moorage and fueling station, one receptacle at each location;
E. For a beach or bathing area, one receptacle at each public rest room facility;
F. For school grounds, one receptacle at each playground area and one at each school bus loading zone; and
G. For business district sidewalks, one receptacle per 1,000 feet of sidewalk curbing.
3. Exception; remote forest campsites. Remote forest campsites operated by the Department of Conservation pursuant to Title 12, chapter 220, subchapter 2, are not considered public places or establishments that serve the public if they are designated as "carry-in and carry-out" sites from which users are expected to remove litter and other material upon their departure.
4. Penalties. A person who operates a business of a type described in this section commits a civil violation for which a fine of $10 for each violation may be adjudged if that person:
A. Fails to place the litter receptacles on the premises in the numbers required; or
B. Fails to comply within 10 days of being notified by registered letter by the Department of Conservation that that person is in violation.
Each day a violation continues is a separate offense.
Sec. I-43. 17 MRSA §2272, last paragraph, as enacted by PL 1975, c. 739, §15, is amended to read:
Persons violating the provisions of this section shall be are liable for the same penalties as provided for violation of section 2264 2264-A.
Sec. I-44. 17 MRSA §2497 is repealed and the following enacted in its place:
§2497. Mooring watercraft to buoys or beacons; destruction of same
1. Mooring to buoy or beacon prohibited. A person may not moor or make fast a vessel, boat, scow or raft to a buoy or beacon placed by the United States or this State in any of the navigable waters of this State. A person who violates this subsection commits a civil violation for which a fine of $50 may be adjudged.
2. Destruction of buoy or beacon. A person may not intentionally or knowingly destroy a buoy or beacon placed by the United States or this State in any of the navigable waters of this State. A person who violates this subsection commits a Class E crime.
Sec. I-45. 17 MRSA §2741, as amended by PL 1995, c. 66, §2, is repealed and the following enacted in its place:
§2741. Common nuisances; jurisdiction to abate
1. Common nuisances. The following are common nuisances.
A. All places used as houses of ill fame or for the illegal sale or keeping of intoxicating liquors or scheduled drugs or resorted to for lewdness or gambling;
B. All houses, shops or places where intoxicating liquors are sold for tippling purposes; and
C. All places of resort where intoxicating liquors are kept, sold, given away, drunk or dispensed in any manner not provided for by law.
2. Superior Court jurisdiction. The Superior Court has jurisdiction, upon information filed by the Attorney General or the district attorney or upon complaint filed by not fewer than 7 legal voters of that county setting forth any of the facts contained in this section, to restrain, enjoin or abate a common nuisance as set out in subsection 1 and an injunction for those purposes may be issued by the court. A dismissal of an information or complaint does not prevent action upon any information or complaint subsequently filed covering the same subject matter.
3. Injunction or order. The injunction or order to restrain, enjoin or abate the common nuisance forever runs against the building or other place or structure, except that, upon motion of an owner filed not sooner than 6 months from the date of the injunction or order, the Superior Court may remove or modify the injunction or order upon a showing by the owner, by a preponderance of evidence, that the nuisance has abated.
4. Trafficking or furnishing scheduled drugs. For purposes of this subchapter, proof by a preponderance of evidence that an owner or occupant of a building or other place or structure, or any part thereof, has trafficked in or furnished at the building, place or structure, or any part thereof, any scheduled drug as defined by Title 17-A, chapter 45 on 2 or more occasions within a 3-year period is sufficient to prove that the building, place or structure is a common nuisance.
5. Keeping, allowing or maintaining common nuisance. A person who keeps, allows or maintains a building, place or structure declared by the Superior Court to be a common nuisance upon the filing of information commits a Class E crime.
6. Default in payment of fine. A person who defaults in payment of a fine imposed under this section commits a separate Class E crime.
7. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. I-46. 17 MRSA §2742, as amended by PL 1995, c. 66, §3, is repealed.
Sec. I-47. 17 MRSA §2922, sub-§1, as amended by PL 1985, c. 495, §3, is further amended to read:
1. Offense. A person is guilty of sexual exploitation of a minor if:
A. Knowing or intending that the conduct will be photographed, he the person intentionally or knowingly employs, solicits, entices, persuades, uses or compels another person, not his that person's spouse, who is in fact a minor, to engage in sexually explicit conduct; or
A-1. The person violates paragraph A and, at the time of the offense, has one or more prior convictions for violating this section;
B. Being a parent, legal guardian or other person having care or custody of another person, who is in fact a minor, he that person knowingly or intentionally permits that minor to engage in sexually explicit conduct, knowing or intending that the conduct will be photographed.; or
C. The person violates paragraph B and, at the time of the offense, has one or more prior convictions for violating this section.
Sec. I-48. 17 MRSA §2922, sub-§2, as enacted by PL 1977, c. 628, §1, is repealed and the following enacted in its place:
2. Penalty. The following penalties apply to sexual exploitation of a minor.
A. A person who violates subsection 1, paragraph A-1 or subsection 1, paragraph C commits a Class A crime. The court shall impose a sentencing alternative involving a term of imprisonment of at least 10 years.
B. A person who violates subsection 1, paragraph A or subsection 1, paragraph B, commits a Class B crime. The court shall impose a sentencing alternative involving a term of imprisonment of at least 5 years.
The court may not suspend a minimum term of imprisonment imposed under paragraph A or B unless it sets forth in detail, in writing, the reasons for suspending the sentence. The court shall consider the nature and circumstances of the crime, the physical and mental well-being of the minor and the history and character of the defendant and may only suspend the minimum term if it is of the opinion that the exceptional features of the case justify the imposition of another sentence. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Sec. I-49. 17 MRSA §2923, sub-§1, as amended by PL 1999, c. 444, §3, is repealed and the following enacted in its place:
1. Offense. A person is guilty of dissemination of sexually explicit material if:
A. The person intentionally or knowingly disseminates or possesses with intent to disseminate any book, magazine, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material that depicts any minor, who the person knows or has reason to know is a minor, engaging in sexually explicit conduct; or
B. The person violates paragraph A and, at the time of the offense, has one or more prior convictions for violating this section.
Sec. I-50. 17 MRSA §2923, sub-§3, as amended by PL 1993, c. 727, §1, is repealed and the following enacted in its place:
3. Penalty. The following penalties for dissemination of sexually explicit materials apply.
A. Violation of subsection 1, paragraph B is a Class B crime.
B. Violation of subsection 1, paragraph A is a Class C crime.
Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Sec. I-51. 17 MRSA §2924, sub-§2, as amended by PL 2001, c. 412, §2, is repealed.
Sec. I-52. 17 MRSA §2924, sub-§2-A is enacted to read:
2-A. Offense. A person is guilty of possession of sexually explicit material if that person:
A. Intentionally or knowingly transports, exhibits, purchases or possesses any book, magazine, print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct, and:
(1) The other person has not in fact attained the age of 14 years; or
(2) The person knows or has reason to know that the other person has not attained the age of 14 years; or
B. Violates paragraph A and, at the time of the offense, has one or more prior convictions for violating this section.
Sec. I-53. 17 MRSA §2924, sub-§5, as enacted by PL 1993, c. 727, §2, is repealed and the following enacted in its place:
5. Penalty. The following penalties for possession of sexually explicit material apply.
A. Violation of subsection 2-A, paragraph B is a Class C crime.
B. Violation of subsection 2-A, paragraph A is a Class D crime.
Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Sec. I-54. 17 MRSA §3203, as repealed and replaced by PL 1995, c. 625, Pt. B, §3, is repealed and the following enacted in its place:
§3203. Sales of motor vehicles prohibited
1. Sales of motor vehicles on Sunday prohibited. Except as provided in section 3203-A, on Sunday a person may not:
A. Carry on or engage in the business of buying, selling, exchanging, dealing or trading in new or used motor vehicles;
B. Open any place of business or lot in which that person attempts to or does engage in the business of buying, selling, exchanging, dealing or trading in new or used motor vehicles; or
C. Buy, sell, exchange, deal or trade in new or used motor vehicles.
2. Penalty. A person who violates this section commits a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. If the person is the holder of dealer or transporter registration plates under Title 29-A, chapter 9, the person is subject to the suspension or revocation of those plates, as provided for in Title 29-A, section 903, for the violation of this section.
Sec. I-55. 17 MRSA §3204, as amended by PL 2001, c. 44, §11 and affected by §14, is repealed and the following enacted in its place:
§3204. Business, traveling or recreation on Sunday
1. Restriction. A person may not keep a place of business open to the public:
A. On Sunday, except:
(1) For works of necessity, emergency or charity; or
(2) Between the hours of noon and 5:00 p.m. on Sundays falling between Thanksgiving Day and Christmas Day; or
B. On the following holidays:
(1) On Memorial Day, the last Monday in May, but if the Federal Government designates May 30th as the date for observance of Memorial Day, the 30th of May;
(2) On July 4th;
(3) On Labor Day, the first Monday of September;
(4) On Veterans' Day, November 11th;
(5) On Christmas Day; and
(6) On Thanksgiving Day.
2. Exceptions. This section does not apply to:
A. Common, contract and private carriers;
B. Taxicabs;
C. Airplanes;
D. Newspapers;
E. Radio and television stations;
F. Hotels, motels, rooming houses, tourist and trailer camps;
G. Restaurants;
H. Garages and motor vehicle service stations;
I. Retail monument dealers;
J. Automatic laundries;
K. Machines that vend anything of value, including, but not limited to, a product, money or service;
L. A satellite facility approved by the Superintendent of Financial Institutions under Title 9-B; or comparable facility approved by the appropriate federal authority;
M. Pharmacies;
N. Greenhouses;
O. Seasonal stands engaged in sale of farm produce, dairy products, seafood or Christmas trees;
P. Public utilities;
Q. Industries normally kept in continuous operation, including, but not limited to, electric generation plants, pulp and paper plants and textile plants;
R. Processing plants handling agricultural produce or products of the sea;
S. Ship chandleries;
T. Marinas;
U. Establishments primarily selling boats, boating equipment, sporting equipment, souvenirs and novelties;
V. Motion picture theaters;
W. Public dancing;
X. Sports and athletic events;
Y. Bowling alleys;
Z. Displaying or exploding fireworks, under Title 8, chapter 9-A;
AA. Musical concerts;
BB. Religious, educational, scientific or philosophical lectures;
CC. Scenic, historic, recreational and amusement facilities;
DD. Real estate brokers and real estate sales representatives;
EE. Mobile home brokers and mobile home sales representatives;
FF. Stores in which no more than 5 persons, including the proprietor, are employed in the usual and regular conduct of business;
GG. Stores that have no more than 5,000 square feet of interior customer selling space, excluding back room storage, office and processing space; and
HH. Stores with more than 5,000 square feet of interior customer selling space that engage in retail sales and that do not require, as a condition of employment, that their employees work on Sundays. If an employer decreases the average weekly work hours of an employee who has declined to work on Sundays, it is prima facie evidence that the employer has required Sunday work as a condition of employment in violation of this section, unless the employer and employee agreed that the employee would work on Sundays when the employee was initially hired. In no event, however, may any store having more than 5,000 square feet of interior customer selling space be open on Easter Day, Thanksgiving Day and Christmas Day.
This subsection does not exempt the businesses or facilities specified in sections 3205 and 3207 from closing in any municipality until the requirements of those sections have been met.
3. Scope. For the purpose of determining qualification, a "store" is an operation conducted within one building advertising as, and representing itself to the public to be, one business enterprise regardless of internal departmentalization. All subleased departments of any store for the purpose of this section are considered to be operated by the store in which they are located. Contiguous stores owned by the same proprietor or operated by the same management for the purpose of this section are considered to be a single store.
4. Penalty. A person who violates this section commits a Class E crime. A violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. A complaint charging violation of this section may not issue later than 5 days after its alleged commission.
5. Injunctive relief. In addition to any criminal penalties provided in this section, the Attorney General, a district attorney or any resident of a municipality in which a violation is claimed to have occurred may file a complaint with the Superior Court to enjoin any violation of this section. The Superior Court has original jurisdiction of these complaints and authority to enjoin these violations.
6. Application. This section does not apply to isolated or occasional sales by persons not engaged in the sale, transfer or exchange of property as a business.
Sec. I-56. 17 MRSA §3321, as amended by PL 1999, c. 347, §§1 and 2, is repealed.
Sec. I-57. 17 MRSA §3321-A is enacted to read:
1. Definition. For purposes of this section, "convenience store" means a retail store that specializes in the sale of a limited quantity and variety of consumable items in their original containers.
2. Restrictions. A person may not keep open a convenience store 24 hours a day unless the store has:
A. A drop safe that is bolted to the floor, installed in the floor or weighs at least 500 pounds;
B. A conspicuous sign in the store entrance that states that between the hours of 9 p.m. and 5 a.m. the cash register contains $50 or less, that there is a safe in the store and that the safe is not accessible to the employees;
C. During the hours of 9 p.m. to 5 a.m., no more than $50 cash available and readily accessible to employees; and
D. An alarm or telephone within the store that is accessible to the employees. The alarm must be connected to a public or private safety agency.
3. Penalty. A person who violates this section commits a Class E crime. A violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. A complaint charging violation of this section may not issue later than 5 days after its alleged commission. Each day that a violation of this section occurs is considered a separate offense.
4. Injunctive relief. In addition to any criminal penalties provided in this section, the Attorney General, a district attorney or a resident of a municipality in which a violation is claimed to have occurred may file a complaint with the Superior Court to enjoin a violation of this section. The Superior Court has original jurisdiction of the complaints and authority to enjoin the violations.
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