LD 1587
pg. 8
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LR 1819
Item 1

 
19.__Recovery of costs.__In any action brought by the State to
enforce this section, the State is entitled to recover the costs of
investigation, expert witness fees, costs of the action and
reasonable attorney's fees.

 
20.__Profits.__If a court determines that a person has
violated this section, the court shall order any profits, gain,
gross receipts or other benefit from the violation to be paid to
the Fund for a Healthy Maine.__Unless otherwise expressly
provided, the remedies or penalties provided by this section are
cumulative to each other and to the remedies or penalties
available under all other laws of this State.

 
21.__Construction; severability.__If a court of competent
jurisdiction finds that the provisions of this section and of
subchapter 3 conflict, then the provisions of subchapter 3
control.__If any portion of this section causes subchapter 3 to
no longer constitute a qualifying or model statute, as those
terms are defined in the Master Settlement Agreement, then that
portion of this section is not valid.

 
Sec. 2. 36 MRSA §4362-A, sub-§3, as amended by PL 2001, c. 526, §3, is
further amended to read:

 
3. Expiration and reissuance. A distributor's license
expires one year from the 30th day of June next succeeding the
date of issuance unless sooner revoked by the assessor pursuant
to subsection 5 or unless the business with respect to which the
license was issued is sold, in either of which cases the holder
of the license shall immediately surrender it to the assessor.

 
A person may not be issued a distributor's license or granted a
renewal of a license unless the person certifies in writing to
the Attorney General that the person is in compliance with Title
22, section 1580-L.

 
Sec. 3. 36 MRSA §4383, as enacted by PL 2001, c. 322, §1, is
repealed.

 
Sec. 4. 36 MRSA §4402, as amended by PL 2001, c. 526, §4, is
further amended by adding at the end a new paragraph to read:

 
A person may not be issued a license or granted a renewal of a
license unless the person certifies in writing to the Attorney
General that the person is in compliance with Title 22, section
1580-L.


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