Sec. C-1. 8 MRSA §221-A, sub-§11 is enacted to read:
11. Value. "Value" is determined in accordance with Title 17-A, section 352, subsection 5.
Sec. C-2. 8 MRSA §222, as amended by PL 1999, c. 671, §3, is repealed and the following enacted in its place:
1. Possession prohibited. A person may not possess or have under that person's control fireworks.
2. Value does not exceed $100. If the value of the fireworks does not exceed $100, a person who violates subsection 1 commits a civil violation for which a fine of not more than $50 may be adjudged.
3. Value exceeds $100. If the value of the fireworks exceeds $100, a person who violates subsection 1 commits a Class E crime.
4. Exception. This section does not apply to a person issued a permit pursuant to section 227-A.
Sec. C-3. 8 MRSA §223, as enacted by PL 1985, c. 23, §2, is amended to read:
1. Sale of fireworks prohibited. No A person may not sell, possess with the intent to sell or offer for sale fireworks.
2. Value exceeds $5,000. It is a Class B crime to sell, possess with the intent to sell or offer for sale fireworks the value of which If the value of the fireworks exceeds $5,000, a person who violates subsection 1 commits a Class B crime.
3. Value exceeds $1,000. It is a Class C crime to sell, possess with the intent to sell or offer for sale fireworks the value of which If the value of the fireworks exceeds $1,000 but does not exceed $5,000, a person who violates subsection 1 commits a Class C crime.
4. Value does not exceed $1,000. It is a Class D crime to sell, possess with the intent to sell or offer for sale fireworks the value of which If the value of the fireworks does not exceed $1,000, a person who violates subsection 1 commits a Class D crime.
5. Value. "Value" is determined in accordance with Title 17-A, section 352, subsection 5.
Sec. C-4. 8 MRSA §224, as enacted by PL 1985, c. 23, §2, is amended to read:
§224. Storage and manufacture of fireworks
1. Storage. No A person may not store fireworks except in such buildings as may be permitted by the rules of the Commissioner of Public Safety 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.
2. Certificate of public liability insurance required for manufacture. No A person may not manufacture fireworks without first furnishing the Commissioner of Public Safety, in an amount to be determined by him the commissioner, a certificate of public liability insurance to cover the losses, damages or injuries to persons or property that might result.
3. Penalty. A person who violates this section commits a Class E crime.
4. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. C-5. 8 MRSA §225, as enacted by PL 1985, c. 23, §2, is repealed and the following enacted in its place:
§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.
2. Penalty. A person who violates this section commits a Class E crime.
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. C-6. 8 MRSA §227-A, sub-§§4, 5 and 6 are enacted to read:
4. Permits; violation. A person may not conduct a fireworks display in violation of the permit issued under subsection 1.
5. Penalties. The following penalties apply.
A. A person who conducts a fireworks display without a permit commits a Class D crime.
B. A person who conducts a fireworks display in violation of a permit issued under subsection 1 commits a Class E crime.
6. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. C-7. 8 MRSA §229, as amended by PL 1999, c. 671, §11, is repealed.
Sec. C-8. 8 MRSA §389, as enacted by PL 1999, c. 176, §1, is repealed and the following enacted in its place:
1. Forge, counterfeit or alter ticket. A person may not forge or counterfeit a Maine State Lottery ticket, alter a Maine State Lottery ticket prepared by the Director of the State Lottery or cause such alteration or forgery.
2. Publish, pass or tender as true ticket. A person may not intentionally or knowingly publish, pass or tender as true a forged, altered or counterfeited Maine State Lottery ticket.
3. Secure or manufacture. A person may not, with intent to defraud, secure, manufacture or cause to be secured or manufactured a counterfeit Maine State Lottery ticket.
4. Possess counterfeit ticket or counterfeiting device. A person may not, with intent to defraud, possess a counterfeit Maine State Lottery ticket or a counterfeiting device.
5. Penalty. A person who violates this section commits a Class D crime.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
