LD 2192
pg. 1
LD 2192 Title Page An Act to Amend the Laws Governing the Unlawful Sale of Personal Sports Mobiles... Page 2 of 2
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LR 3472
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 10 MRSA §1242, sub-§13, as enacted by PL 1997, c. 473, §3, is
amended to read:

 
13. New personal sports mobile. "New personal sports mobile"
means a personal sports mobile that has not been sold previously
to any person except a distributor or wholesaler or personal
sports mobile dealer for resale. "New personal sports mobile"
also means a personal sports mobile that has not been registered
in this State or any other state or for which sales tax has not
been paid in this State or any other state if that other state
taxes the purchase of a new personal sports mobile.

 
Sec. 2. 10 MRSA §1243, sub-§4, ¶¶C and D, as enacted by PL 1997, c. 473,
§3, are amended to read:

 
C. To resort to or use any false or misleading advertisement
in connection with that dealer's business as a personal
sports mobile dealer; or

 
D. To fail to disclose conspicuously in writing the personal
sports mobile dealer's policy in relation to the return of
deposits received from any person. A dealer shall require
that a person making a deposit sign the form on which the
disclosure appears.; or

 
Sec. 3. 10 MRSA §1243, sub-§4, ¶E is enacted to read:

 
E.__To sell, directly or indirectly, a new personal sports
mobile without holding a current and valid franchise with
the manufacturer of the brand of new personal sports mobile
being sold.

 
Sec. 4. 10 MRSA §1243-A is enacted to read:

 
§1243-A.__Unlawful sale of new personal sports mobile

 
A person is guilty of unlawful sale of a new personal sports
mobile if that person sells a new personal sports mobile and does
not possess a current and valid franchise with the personal
sports mobile manufacturer of the brand of new personal sports
mobile being sold.__If, upon demand by a law enforcement officer,
a person fails to produce evidence of a franchise required by
this section, this failure is prima facie evidence that the
person does not possess that franchise.

 
A person who violates this section commits a Class E crime and
additionally is liable in any action brought for unfair methods
of competition or unfair and deceptive trade practices


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