Sec. 4. 10 MRSA §1171-B, sub-§3, as enacted by PL 1997, c. 521, §5, is amended to read:

3. Civil penalty. If the Secretary of State board determines after a proceeding conducted in accordance with the Maine Administrative Procedure Act and rules of the Secretary of State this chapter that a manufacturer or distributor is violating or has violated any provision of this chapter or any rule or order of the Secretary of State board issued pursuant to this chapter, the Secretary of State board shall levy a civil penalty of not less than $1,000 nor more than $10,000 for each violation. If the violation involves multiple transactions within a 60-day period, these multiple transactions are deemed a single violation.

In determining the amount of a civil penalty levied under this chapter, the Secretary of State board shall consider:

A. The seriousness of the violation, including but not limited to the nature, circumstances, extent and gravity of the prohibited acts and the harm or potential harm created to the safety of the public;

B. The economic damage to the public caused by the violation;

C. Any previous violations;

D. The amount necessary to deter future violations;

E. Efforts made to correct the violation; and

F. Any other matters that justice may require.

Sec. 5. 10 MRSA §1173-A, as enacted by PL 1997, c. 521, §7, is repealed.

Sec. 6. 10 MRSA §1174, sub-§3, ¶B, as amended by PL 1997, c. 521, §8, is further amended to read:

B. To coerce, or attempt to coerce, a motor vehicle dealer to enter into an agreement with that manufacturer, distributor, distributor branch or division, factory branch or division, wholesale branch or division or officer, agent or other representative thereof, or to do any other act prejudicial to the dealer by threatening to cancel a franchise or a contractual agreement existing between that