An Act To Implement the Recommendations of the Governor's Task Force on ATV Issues
Maine Legislature, Session 121, LD 1912
Committee Amendment CA_A-SA_A_S509 (Senate)
Amends: 12 MRSA §7857

SENATE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1413, L.D. 1912, Bill, "An Act To Implement the Recommendations 
of the Governor's Task Force on ATV Issues" 
Amend the amendment by striking out all of the 2nd indented 
paragraph after the title (page 1, lines 29 to 31 in amendment) 
and inserting in its place the fOllowing: 
'Further amend the bill by striking out everything after the 
ti tIe and before the 
summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, certain provisions of this legislation must take 
effect as soon as possible to avoid severe damage to certain ATV 
trails; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 12 MRSA §7857, sub-§26 is enacted to read: 
26. 
Unlawful operating AN on temporarily closed trail. 
A 
person may not operate an ATV on any section of a trail posted 
Page I-LR2788(3) 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1912 
1413, 
with 
a 
notice of 
temporary closure in accordance 
with this 
subsection. 
The notice must specify the section of trail that is 
closed and the period of the closure and must be conspicuously 
posted at each end of the closed section of the trail. 
A. 
A person who violates this subsection commits a civil 
yio1ation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated of having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
PARTB' , 
Further amend the amendment by striking out all of section 
and inserting in its place the following: 
'Sec. 
27. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
JUDICIAL DEPAR7MENT 
Courts -
Supreme, Superior, District 
and Administrative 
0063 
The 
following 
Initiative: 
Provides funds for the additional costs associated 
with assistant clerks processing new ATV-related cases. 
General Fund 
2003-04 
Personal Services 
$0 
General Fund Total 
$0 
JUDICIAL DEPARTMENT 
DEPAR"DIERT TOTALS 
2003-04 
General Fund 
$0 
DEPAR7MENT TOTAL -
ALL FUNDS 
$0 
INLAND FISHERIES AND WILDLIFE, DEPAREMENT OF 
ATV Safety and Educational Program 
0559 
Initiative: 
Deappropriates 
funds to 
General 
Fund 
revenues collected by 
Fisheries and Wildlife. 
correspond to 
the Department 
2004-05 
$9,539 
$9,539 
2004-05 
$9,539 
$9,539 
a 
loss of 
of 
Inland 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 1413, 
L.D. 1912 
General Fund 
2003-04 
2004-05 
All Other 
$0 
($95,567) 
General Fund Total 
$0 
($95,567) 
INLAND FISHERIES AND WILDLIFE 
DEPARTMENT rorALS 
2003-04 
2004-05 
GENERAL FOND 
$0 
{$95,567} 
DEPAR'l'MENT "l'OTAL -
ALL FUNDS 
$0 
($95,567) 
SECTION rorALS 
2003-04 
2004-05 
GENERAL FOND 
$0 
($86,028) 
SECTION ".l"OTAL -
ALL FUNDS 
$0 
($86,028)' 
Further amend the amendment by inserting at the end before 
the summary the following: 
'PART C 
Sec. C-l. Effective date. 
Part 
B of this Act takes effect 
August 31, 2004. 
Emergency clause. 
preamble, 
this 
Act 
otherwise indicated.' 
In view of 
takes 
effect 
the emergency ci ted in 
when 
approved, 
except 
the 
as 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment 
Part 
letter 
by 
or 
relettering or renumbering 
section 
number 
to 
read 
SUMMARY 
This amendment makes the provisions relating to ATV trail 
closures effective upon approval. 
It adds an emergency preamble 
and 
emergency 
clause 
to 
the 
amendment. 
The 
amendment 
also 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H. P. 1413, 
L.D. 1912 
changes the effective date of the remaining sections to August 
31, 
2004 
to 
coi~c~~with 
the 
effective 
date 
recodification of th~~n and wildli 
s. 
of 
the 
SPONSORED BY: ./ _______ _ 
(Senator BRYANT) 
COUNTY: 
Oxford 
FISCAL ~OTE REQUIRED 
(See attached) 
SENATE AMENDMENT 
Net Cost (Savings) 
General Fund 
o\ppropriation/ Allocations 
General Fund 
Revenue 
General Fund 
Other Special Revenue Funds 
Revised: 04/08/04 ,;:!;pac:.. 
Office of Fiscal and Program Review 
LD 1912 
An Act To Implement the Recommendations of the Governor's Task 
Force on A TV Issues 
LR2788(03) 
A 
1/ 
Fiscal Note for Senate Amendment' "to Committee Amendment 1\ " 
Sponsor: Sen. Bryant 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$0 
$0 
$0 
$0 
2004-05 
($4,026) 
$8,591 
$12,617 
$10,225 
Projections 
2005-06 
$0 
$0 
$0 
$0 
Projections 
2006-07 
$0 
$0 
$0 
$0 
Correctional and Judicial Impact Statements: 
Establishes new Class E crimes 
Fiscal Detail and Notes 
This fiscal estimate assumes an effective date of August 31, 2004. The amounts shown above reflect the incremental 
differences between this amendment and the fiscal impact of the committee amendment. As amended, the bill includes 
a General Fund appropriation to the Judicial Department of $9,539 in fiscal year 2004-05, $11,706 in fiscal year 2005-
and $11,998 in fiscal year 2006-07 to provide funds for the additional costs associated with Assistant Clerks 
processing new ATV related cases. The bill as amended also increases General Fund revenue for increased ATV fines 
by $89,895 in fiscal year 2004-05 and $115,000 annually thereafter. 
Changing the fund classification of certain revenues will result is a loss of $95,567 in General Fund revenues and an 
increase of the same amount in Other Special Revenue Funds revenues collected by the Department of Inland Fisheries 
and Wildlife in fiscal year 2004-05. The amended bill includes a General Fund deappropriation of $95,567 for the 
A TV Safety & Educational Program to compensate for the loss of General Fund revenue from the shift in revenue 
classification. 
LR2788(3) - Fiscal Note - Page 1 of 2 
Change in General Fund Revenues 
2003-04 
2004-05 
2005-06 
2006-' 
Increased A TV Fines 
$0 
$89,895 
$115,000 
$115,000 
Change in Fund Classification 
$0 
($95,567) 
($141,326) 
($145,543) 
Net Impact to IF&W General Fund Revenues 
$0 
($5,672) 
($26,326) 
($30,543) 
Net Loss from Decreased Sales and Use Tax* 
$0 
($49,321) 
($64,666) 
($67,899) 
Total General Fund Revenue Gain (Loss) 
$0 
($54,993) 
($90,992) 
($98,442) 
*The changes to the tax exemption for all-terrain vehicles purchased by nonresidents will decrease sales and use tax 
revenues collected. The General Fund loss is reduced by the amount of Municipal Revenue Sharing transfers that will 
not be required. 
LR2788(3) - Fiscal Note - Page 2 of 2