8.__Criminal penalties.__A director of a corporation who willfully violates subsection 1 shall upon conviction be fined not more than $1,000,000 or imprisoned not more than 5 years, or both.__The fine may not reduce the amount of a civil penalty paid under subsection 7.

9.__Attorney's fees.__Upon motion, a court may award attorney's fees to a successful party against one or more defendants in any action pursuant to subsection 1 against a corporation or a director of a corporation if:

A.__The action results in a significant benefit, whether pecuniary or nonpecuniary, to the general public or a large class of persons other than shareholders; and

B.__The court determines that the fees should not in the interest of justice be paid out of recovery, if any.

Sec. 2. 13-C MRSA §831, sub-§1, ¶B, as enacted by PL 2001, c. 640, Pt. A, §2 and affected by Pt. B, §7, is repealed and the following enacted in its place:

B.__In a manner that:

(1) The director reasonably believes to be in the best interests of the corporation; or

(2)__Does not adversely affect the public interest.__ "Public interest" means the environment, human rights, public health and safety of the community in which the corporation operates and the dignity of the corporation's employees.

Sec. 3. 13-C MRSA §843, sub-§1, ¶C, as enacted by PL 2001, c. 640, Pt. A, §2 and affected by Pt. B, §7, is repealed and the following enacted in its place:

C.__In a manner that:

(1)__The officer reasonably believes to be in the best interests of the corporation; or

(2)__Does not adversely affect the public interest.__ "Public interest" means the environment, human rights, public health and safety of the community in which the corporation operates and the dignity of the corporation's employees.