An Act To Implement Certain Reconanendations of the Governor • s Task Force on ATV Issues Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 5 MRSA §12004·G, sub-§20-B is enacted to read: 2Q-B. Inland ATV Enforcement Not Authorized MRSA §10324 Fisheries and Grant Review Wildlife Committee Sec. 2. 12 MRSA §1893, sub-§2, 1(A, as enacted by PL 2003, c. 414, Pt. C, §1 and affected by Pt. D, §7, is amended to read: A. The fund may be used to conduct research on issues related to the management of nonprofit ATV groups; subdivisions, educational agencies, ATV groups and of ATVs; assist in the formation make grants-in-aid to political institutions, regional planning others to construct and maintain Page l-LR2788(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1912
Committee Amendment CA_A_H881 (House)
Amends: 5 MRSA §12004, 12 MRSA §10324, 12 MRSA §1893, 12 MRSA §10206, 12 MRSA §10651, 12 MRSA §10902, 12 MRSA §13152, 12 MRSA §13155, 12 MRSA §13156-A, 12 MRSA §13157, 12 MRSA §13159, 36 MRSA §2903-D

COMMITTEE AMENDMENT ,.fI" 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 bill by striking out the title and substituting 
the following: 
'An Act To Implement Certain Reconanendations of the Governor • s 
Task Force on ATV Issues' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 5 MRSA §12004·G, sub-§20-B is enacted to read: 
2Q-B. 
Inland 
ATV 
Enforcement 
Not 
Authorized 
MRSA 
§10324 
Fisheries and 
Grant Review 
Wildlife 
Committee 
Sec. 2. 12 MRSA §1893, sub-§2, 1(A, as enacted by PL 2003, c. 
414, Pt. C, §1 and affected by Pt. D, §7, is amended to read: 
A. 
The fund may be used to conduct research on issues 
related to the management 
of nonprofit ATV groups; 
subdivisions, 
educational 
agencies, 
ATV groups and 
of ATVs; assist in the formation 
make grants-in-aid to political 
institutions, 
regional 
planning 
others to construct and maintain 
Page l-LR2788(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" fl· to H.P. 1413, L.D. 1912 
ATV trails, to purchase equipment or to otherwise carry out 
the 
purposes 
of 
the 
fund; 
assist 
in 
the 
design 
and 
development of 
ATV trails; purchase, 
lease or otherwise 
acguire interests in land, including, but not limited to, 
fee or easement interests for ATV trails or sport-riding 
facilities; 
provide 
protection 
to 
landowners 
against 
ATV-related suit or liability; or otherwise provide for the 
wise and orderly management of ATVs. 
Sec. 3. 12 MRSA §10206, sub-§I, l(B, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 4. 12 MRSA c. 903, sub-c. 7 is enacted to read: 
SUBCHAPTER 7 
ATV ENFORCEMENT GRANT AND AID PROGRAM 
S10321. 
Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates. the following terms have the following meanings. 
1. AN Enforcement Grant and Aid Progr8lll. "A'rV Enforcement 
Grant and Aid Program" or "the program" means the ATV Enforcement 
Grant and Aid Program established pursuant to this subchapter. 
2. AN Enforcement Grant Reyiew Co_ittee. "ATV Enforcement 
Grant Review Committee" or "the grant committee" 
means 
the 
committee established in section 10324. 
3. 
AN grant coordinator. "ATV grant coordinator" means the 
person 
retained 
by 
the 
commissioner 
to 
be 
responsible 
for 
providing 
administration 
and 
staff 
sup,port 
for 
the 
ATV 
Enforcement Grant Program. 
4. General ATV enforCement. "General ATV enforcement" means 
Level 1 or Level 2 enforcement. 
5. Law enforCement agenc.y. "Law enforcement agency" means a 
state. 
county 
or 
municipal 
agency 
or 
bureau 
that 
employs 
full-time and part-time law enforcement officers certified by the 
Maine Criminal Justice Academy who are authorized pursuant to 
section 10402, subsection 4 to enforce the provisions of this 
Part regulating ATVs. 
6. Level 1 enforcement. "Level 1 enforcement" means handling 
ATV 
complaints 
from 
landowners 
or 
other 
persons 
about 
the 
operation of ATVs, responding to ATV accidents and enforcing ATV 
laws during the normal course of patrol duties. 
COMMITTEE AMENDMENT 
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7. Level 2 enforcement. 
"Level 2 enforcement" means 
ATV 
enforcement that is focused on recognized ATV 
problems in a 
localized area, but not a mu1tijurisdictional high-problem area. 
8. Matching funds. "Matching funds" means any combination of 
public and private funds used in conjunction with a grant from 
the program. 
"Matching funds" includes, but is not limited to, 
private contributions of cash or securities, money from municipal 
or other public agencies, money from a federal matching program, 
in-kind contributions or any combination thereof. 
9. 
Multijurisdictional 
high-problem 
area. 
"Multijurisdictional 
high-problem 
area" 
means 
an 
area 
of 
extensive use by ATV operators, including, but not limited to, 
unauthorized trails or damaged agricultural lands, wetlands or 
other 
environmentally sensitive areas. 
A multijurisdictional 
high-problem 
area 
is 
an 
area 
where 
there 
are 
documented 
complaints from landowners or other about the operation of ATVs. 
§10322. Grant and aid program established 
1. 
Established. 
There is established the ATV Enforcement 
Grant and Aid Program. 
Grants from the program are for the sale 
purpose of maintaining, improving and expanding ATV enforcement 
and training for state, county and municipal enforcement officers 
in accordance with this subchapter. The grant committee may also, 
as part of the program, receive and disburse aid in the form of 
materials or equipment pursuant to section 10324, subsection 5. 
2. Fund. 
The ATV Enforcement Grant Program Fund, referred 
to in this section as "the fund," is established within the 
department to be used for the program in accordance with this 
subchapter. 
The fund consists of revenues deposited in the fund 
pursuant to Title 36, section 2903-0. subsection 3, any other 
funds appropriated or allocated for inclusion in the fund, from 
whatever source, and any other money available for deposit in the 
fund, inc1uQ.ing any federal funds or other public funds or any 
donations made to the fund. 
The board may apply for federal or 
other 
fund§ 
that may 
be 
available for 
the 
purposes of the 
program. 
The fund is nonlapsing and any balance remaining in the 
funQ. at the end of any fiscal year must be carried forward to the 
next fiscal year. The fund may be useQ. to pay for administrative 
expenses associated with the work of the grant committee pursuant 
to 
this 
subchapter, 
inc1uQ.ing 
the 
costs 
of 
the 
ATV 
grant 
coordinator. 
3. 
Relation to other funding. "" qants from the program 
supplement any other sources or levels of . funding appropriated or 
allocated by the Legislature. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to H.P. 1413, L.D. 1912 
4. 
Grant 
availability. 
Grants 
from 
the 
program 
are 
available to law enforcement agencies in accordance with this 
subchapter. 
5. 
Grant administration. 
The ATV' Enforcement Grant Reyiew 
Committee shall administer the fund and the program. 
§10323. Grant e:genditures; distribution 
1. 
Generally. 
The grant committee shall make grants to law 
enforcement 
agencies 
for 
projects 
found 
consistent with the 
criteria established pursuant to section 10325. 
2. Grant categories. 
Except as otherwise provided in this 
subchapter. the grant committee shall distribute grant money in 
accordance with this subsection. 
For purposes of this section. 
"category funds" means money in the fund other than money used 
for administrative expenses and other than funds carried forward 
in accordance with subsection 3. 
The grant committee shall 
annually 
make 
available 
for 
grants 
category 
funds 
in 
the 
following percentages for the following categorical purposes: 
A. 
For general ATV enforcement, 40\: 
B. 
For multijurisdictional high-problem area enforcement, 
50%; and 
C. 
For law enforcement officer training and equipment. 10%. 
3. Money to be carried forward. 
If the grant committee 
determines that not providing the full amount of category funds 
for a categorical purpose better serves the grant committee's 
strategic grant plan or if insufficient grant applications in a 
particular year conform to the strategic plan for a particular 
categorical purpose, the grant committee shall carry forward the 
unspent 
money 
for 
use 
in 
succeeding 
years 
for 
the 
same 
categorical purpose. 
§10324. 
ATY Enforcement Grant Review Committee 
The grant committee is organized within the department and 
must carry out its duties in accordance with this section. 
1. Members. The grant committee consists of 9 members as 
follows: 
A. 
Three ex officio members or their designees: 
(1) 
The Game Warden Colonel: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .;r .. to H.P. 1413, L.D. 1912 
(2) 
The Chief of the Maine State Police: and 
(3) 
The Director of the Forest Protection Division, 
Maine 
Forest 
Service 
within 
the 
Department 
of 
Conservation; and 
B. 
Six members appointed by the commissioner as follows; 
(1) 
One 
member 
who 
is 
a 
member 
of 
a 
statewide 
association of sheriffs; 
(2) 
Four 
members 
who 
are 
members 
of 
a 
statewide 
association of police chiefs. one representing northern 
Maine, 
one 
representing 
southern 
Maine, 
one 
representing eastern Maine and one representing central 
Maine; and 
(3) One member representing the Maine Criminal Justice 
Academy. 
2. Terms. 
The ex officio members or their designees serve 
for their terms of office. 
The commissioner shall appoint other 
members to staggered 4-year terms. The initial appointments must 
be made by Qecember 31, 2004. 
The initial appointments are as 
follows; 2 for 4-year terms; 2 for 3-year terms; and 2 for 2-year 
terms. 
Appointed members may not serve more than 2 consecutive 
4-year terms. 
3. Chair; election of officers. 
The members of the grant 
committee shall annually elect one of its members as chair and 
one of its members as vice-chair. 
4. Grant cOJ!mittee meetings, rules and administration. The 
grant committee is governed by the following. 
A. 
The grant commi ttee shall meet at least 2 times a year 
at the call of the chair or when needed to address urgent 
ATV problems. 
B. 
A quorum of the grant committee for the transaction of 
business is 5 members. 
C. 
Grant 
committee 
members 
are 
governed 
by 
the 
conflict-of-interest provisions in Title 5, section 18. 
5. 
Grant committee duties. 
The grant committee has the 
following duties. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·4· to H.P. 1413, L.D. 1912 
A. 
Consistent with the requirements of this subchapter, the 
grant committee shall adopt rules governing the review of 
grant proposals and awarding of grants. 
B. 
The 
grant 
committee 
shall 
annually 
reyiew 
funding 
reguests and award funds for specific projects from 
law 
enforcement agencies in accordance with this subchapter. The 
grant committee may 
award grants only to proposals that 
conform to the rules adopted pursuant to paragraph A. Grant 
proposals must include a stated purpose, timeline, potential 
outcomes, a budget and an explanation of need. 
C. 
The grant committee may accept donations of eguipment or 
materials 
if 
the 
grant 
committee 
determines 
that 
the 
donations will further the purposes of this subchapter. 
If 
the grant committee accepts eguipment or materials. 
the 
grant 
committee 
shall establish by 
rule 
a 
process 
for 
rece~YJ.ng 
proposals 
and 
making 
awards 
to 
appropriate 
entities of such equipment or materials. 
D. 
The grant committee shf3ll submit an annuf3l report by 
January 15th to the commissioner 
and the joint stf3nding 
committee of the Legislature hf3ying jurisdiction oyer inland 
fisheries f3nd wildlife matters. In the annual report, the 
grant committee shall detf3il expenditures made from grant 
revenues and proyide a detf3iled summary of ATV enforcement 
actiyities supported by the grf3nt as well as any equipment 
or materials that it hf3s f3ccepted or awarded pursuant to 
this subchf3pter. 
The first report must be submitted by 
Januf3ry IS. 2005. 
E. 
The grant committee shall endeavor to keep the level of 
its f3dministrative expenses as low f3S practicable and shall 
include in its annual report a description of efforts to 
minimize administrative expenses. 
6. 
Staff; administration. 
The department is responsible 
for the administration and staff support of the grant committee 
f3nd 
the 
commissioner 
shall 
contract 
with 
an 
appropriately 
qUf3lified person to serve as ATV grant coordinator to implement 
and account for 
the operations of the grant committee. 
The 
contract may provide for part-time seryices. 
§10325. 
Distribution criteria for grants 
The review and awarding of grant proposals by the grant 
committee under this subchapter are governed by this section. 
The criteria for consideration established in this section are 
not listed in order 
of priority. 
A 
grant applicant shall 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"A' to H.P. 1413, L.D. 1912 
indicate in the applica'-.ion the category under which the grant 
committee should evaluate the proposal. 
1. 
General ATV enforcement. 
For grants for general 
ATV 
enforcement, the grant committee: 
A. Shall consider the following information relevant to the 
grant proposal: 
(1) Documentation of ATV complaints: 
(2) ATV accident data; and 
(3) Documented general ATY enforcement problems; and 
B. May not award a grant unless matching funds are available 
in an amount that is no less than 25' of the grant amount. 
2. Multijurisdictional high-problem area. 
For grants for 
multijurisdictional high-problem areas, the grant committee: 
A. Shall consider the following information relevant to the 
grant proposal: 
(1) Documentation of extensive use of an area by ATV 
operators, as indicated by a large number of registered 
ATVs or a large number of transient ATV operators in an 
area; 
(2) Documentation of unauthorized trails or extensive 
damage to private and public property; 
( 3) Documentation of ATY 
use in prohibited areas as 
defined in state law; and 
(4) Documentation of multiple law enforcement agency 
involvement; and 
B. 
May award a grant whether or not matching funds are 
available. 
3. Equipment and training. 
For grants for equipment and 
training for law enforcement officers, the grant committee: 
A. Shall consider the following information relevant to the 
grant proposal: 
(1) 
Documentation of ATV 
use on trails and private 
property; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. 4 .. to H.P. 1413, L.D. 1912 
(2) 
Documentation of 
law enforcement staff needing 
equipment and training: and 
(3) Documentation of inability to obtain equipment from 
other sources, specific scheduled training events and 
any training sponsorship: and 
B. May not award a grant unless matching funds are available 
in an amount that is no less than 50% of the grant amount. 
§I0326. 
Rules 
The 
grant 
committee 
may 
adopt 
rules 
necessary for 
the 
conduct 
of 
its business 
under 
this 
subchapter. 
The 
grant 
committee shall adopt by rule a schedule for submission of and 
action on grant proposals. 
Rules 
adopted pursuant to this 
subchapter are routine technical rules as defined in the Title 5, 
chaptek 375, subchapter 2-A. 
Sec. 5. 12 MRSA §10651, sub-§I, "C and D, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
C. 
Failor refuse to stop any snowmobile on request or 
signal of any law enforcement officer in uniform whose duty 
it is to enforce chapter 937; e~ 
D. 
Failor refuse 
to 
stop 
any all-terrain vehicle on 
request or signal of any law enforcement officer in uniform 
whose duty it is to enforce chapter 939y~ 
Sec.6. 12 MRSA §10651, sub-§l, 1JE is enacted to read: 
E. 
Attempt to elude a law enforcement officer by: 
(1) 
Operating or attempting to operate an all-terrain 
vehicle past a clearly identifiable police roadblock; or 
(2) 
After being requested or signaled to stop by a law 
enforcement officer in uniform, operating or attempting 
to operate an all-terrain vehicle at a reckless rate of 
speed. 
Sec. 7. 12 MRSA §10651, sub-§2, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. Penalty. 
A person who violates tai-s--seet.iea subsection 
1, paragraph A, 
B or C commits a Class E crime. 
A person who 
violates subsection 1, paragraph D or E commits a Class D crime, 
for which a minimum fine of not less than $1,000 must be adjudged. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to H.P. 1413, L.D. 1912 
Sec.8. 12 MRSA §10902, sub-§9 is enacted to read: 
9. 
Suspension for certain ATV violations; training. 
The 
commissioner shall suspend all licenses and permits issued by the 
department pursuant to this Part and may suspend any registration 
issued pursuant to subpart 6 of this Part to any person convicted 
or adjudicated of: 
A. 
Operating 
an 
ATV 
on 
a 
temporarily closed trail as 
prohibited under section 13157. subsection 5-A; 
B. 
Abuse of another person's property as prohibited under 
section 13157. subsection 22: 
c. Operating an ATV under the influence under 21 years of 
age. 
as 
prohibited 
under 
section 
10701. 
subsection I. 
paragraph C: 
D. Operating an ATV to endanger. as prohibited under section 
13157. subsection IIi 
E. Reckless operation of an ATV. as prohibited under 13157. 
subsection 10; 
F·. 
Operating 
an 
ATV 
on 
the 
land 
of 
another 
without 
permission. as prohibited under 13157. subsection I-A: or 
G. 
Failure or refusal to stop an ATY or attempting to elude 
an officer. as prohibited under section 10651. subsection I, 
paragraphs D and E. 
The 
COmmissioner 
shall 
reinstate 
licenses. 
permits 
and 
registrations 
that 
have 
been 
suspended 
pursuant 
to 
this 
subsection 
only if 
the 
person satisfactorily 
completes. 
in 
accordancg with procedures established by the commissioner by 
rule. a training program approvgd by the department relating to 
safety and ethics in the operation of ATVs. 
The costs Qf this 
training 
program 
are 
borne 
by 
the 
person 
undertaking 
the 
training. 
The 
commissioner 
shall 
establish 
by 
rule 
the 
procedures for completion of mandatory training pursuant to this 
subsection. 
A person who satisfactorily completes 
a 
training 
program approved by the department pursuant to this subsection is 
deemed to have satisfied the outdoor ethics training course 
reguirements established 
under section 
10903. 
Rules 
adopted 
pursuant 
to 
this 
subsection are 
routine technical 
rules 
as 
defined in Title 5, chapter 375. subchapter 2-A. 
Sec. 9. 12MRSA§13003, as enacted by PL 2003, c. 414, Pt. A, 
§2 and affected by Pt. D, §7, is amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A''' to H.P. 1413, L.D. 1912 
§13003. Payment of sales or use tax prerequisite to registration 
1. 
Registration of watercraft. 
An Except in the case of a 
renewal of registration by the Same owner, an application for the 
registration maY-Re~-~~~~-~-~~-te-any of a watercraft 
91'-~W--WR9se may not be granted when the sale or use of that 
watercraft may be subject to tax under Title 36, chapters 211 to 
225, eHeept-iR-~~~~~-a-l'eRewa*-~-~~~~~~~~-~h&-saffie 
eWnel'T unless 
anQ-«Rt~* one of the following conditions has been 
satisfied: 
A. 
The applicant has submitted a dealer's certificate in a 
form prescribed by the State Tax Assessor, showing either 
that the sales tax due in respect to the watercraft 91'-A~V 
in question has been collected by the dealer or that the 
sale of the watercraft 
eF-A~V is exempt from or otherwise 
not subject to tax under Title 36, chapters 211 to 225; 
B. 
The applicant has properly executed and signed a use tax 
certificate in the form and manner prescribed by the State 
Tax Assessor and paid the amount of tax shown therein to be 
due; or 
C. 
The applicant has properly executed and signed a use tax 
certificate in the form and manner prescribed by the State 
Tax Assessor showing that the sale or use of the watercraft 
el'-A~ in question is exempt from or otherwise not subject 
to tax under Title 36, chapters 211 to 225. 
2. 
Registration of snowmobile or ATV. 
Prior to registering 
a snowmobile or ATV, an agent of the commissioner shall collect 
sales or use tax due. 
Sales or use tax is due unless: 
A. 
The person registering the snowmobile or ATV is not a 
resident of this State. 
Nonresidents are exempt from sales 
or use tax on snowmobiles under Title 36, section 1760, 
subsection 25-B and on ATVs under Title 36, section 1760. 
subsection 25-A; 
B. 
The registration is a renewal registration by the same 
owner; 
C. 
The applicant possesses a dealer's certificate showing 
that the sales tax was collected by the dealer. 
The State 
Tax 
Assessor 
shall 
prescribe 
the 
form 
of 
a 
dealer's 
certificate; or 
D. 
The snowmobile or ATV is otherwise exempt from sales or 
use tax under Title 36, section 1760. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~, to H.P. 1413, L.D. 1912 
Sec. 10. 12 MRSA §13152, sub·§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Training. 
A person over 9 years of age and under 16 
years 
of 
age 
must 
successfully complete 
a 
training program 
approved by the department prior to operating an ATV except on: 
A. 
Land on which that person is domiciled; 
B. 
Land 
owned 
or 
leased 
A:Y 
that person's 
parent 
or 
guardian: or 
C. 
A safety training site approved by the department. 
A person under 16 years of age must attend the training program 
with that person's parent or guardian. 
The training program must 
include instruction on the safe operation of ATVs. 
the laws 
pertaining to ATVs, 
the effect of ATVs on the environment and 
ways to minimize that effect, courtesy to landowners and other 
recreationists and landowners and other materials as determined 
by the department. 
Sec. 11. 12 MRS A §13154, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 12. 12 MRS A §13154·A is enacted to read: 
§13154 A. 
Age restrictions 
1. 
MiniJllUlll age. 
Except as provided in subsection 5, 
a 
person under 10 years of age may not operate an ATV. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after haying been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Permitting child under 10 years of age to operate ATV. 
Except as provided in subsection 6, a person may not permit a 
child under 10 years of age to operate an ATV. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·tt .. to H.P. 1413, L.D. 1912 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more ciVil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
3. 
Unlawfully operating ATV by person lQ to under 16 years 
of age. 
Except as provided in subsection 6, a person 10 years of 
age or older but under 16 years of age 
may not operate an ATV 
unless that person has successfully completed a training course 
approved by the department pursuant to section 13152 
and is 
accompanied by an adult. 
A. 
A person who violates this subsection commits a civil 
violation 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 as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
4. 
Person under 16 years of age crossing public way. 
A 
person 
under 
years 
of 
age 
may 
not cross 
a 
public 
way 
maintained for travel unless the crossing is 
in accordance with 
section 
13157-A, 
subsection 
6, 
paragraph 
A and 
the 
person 
satisfies the reguirements of subsection 3. 
A. 
A persQn whQ violates this subsection cQmmits a civil 
viQlation for which a fine of nQt less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
5. 
Permitting an unaccompanied person under 16 years of age 
to qperate an ATY. 
Except as provided in subsection 6, a person 
may not permit an unaccompanied person 10 years of age or older 
but under 16 years of age to operate an ATV. 
A. 
A person who violates this subsection commits a civil 
violation 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 as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A, to H.P. 1413, L.D. 1912 
6. 
Exceptions for certain prQperty. 
This section does not 
apply to the operation of an ATV on: 
A. The land on which the operator is domiciled: 
B. 
Land 
owned 
or 
leased by 
the 
operator's 
parent 
or 
guardian; or 
c. 
A safety training site approved by the department. 
Sec. 13. 12 MRSA §13155, sub-§§3 and 5, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
3. 
Application and issuance. 
The commissioner, or an agent 
designated 
by 
the 
commissioner, 
may 
register 
and 
assign 
a 
registration number to an ATV upon application and payment of an 
annual fee by the owner. 
The commissioner shall charge a fee of 
$1 in addition to the annual fee for each registration issued by 
an employee of the department. 
The registration number in the 
form of stickers issued by the commissioner must be clearly 
displayed on the front and rear of the vehicle. 
A registration 
is valid for one year commencing July 1st of each year, except 
that any registration issued prior to July 1st but after May 1st 
is valid from the date of issuance until June 31st of the 
following year. 
5. 
Fees. 
The annual registration fee for an ATV is $17 for 
a resident and $35 for a nonresident. 
A~~e~-Ma~~h--~~,~-~er6ea-~~-a-~e~46~ra~4e~-~~~~-$61T6§ 
~e~--~~~-~»G--$4~~+e--~~---aea~esiQea~s--~~~---~~--a 
~e~~8~~a~~eB-~-~-~he--~~~-~--~Be-~~~~~~~-~er~9a 
p*Q8-eBe-aaa~~~ena*-yearT 
Sec. 14. 12 MRSA §13156-A is enacted to read: 
§13156-A. 
Findings 
The Legislature finds that activities associated with ATVs 
constitute a 
more 
intrusive use of private property open to 
recreational 
use 
by 
the 
public 
than 
do 
other 
recreational 
activities. and that abusive uses of ATVs puts access to private 
property for recreational use at risk. 
Sec. 15. 12 MRSA §13157, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 16. 12 MRSA §13157, sub-§I-A is enacted to read: 
COMMITTEE AMENDMENT 
J' 
3.4 
COMMITTEE AMENDMENT ~, to H.P. 1413, L.D. 1912 
I-A. 
Permission required. 
A person may not operate an ATV 
on the 19nd of another without the permission of the landowner or 
lessee. 
Permission 
is 
presumed 
on 
ATV 
trgils 
that 
are 
conspicuously posted or in areas open to ATVs 
by 19ndowner 
policy. 
Written 
permission 
of 
the 
landowner 
or 
lessee 
is 
required on cropland or pa~tureland or in gn orchard. 
As used in 
this subsection. "cropland" means acreage in tillage rotation. 
land being cropped and land in bush fruits. and "pasturelgnd" 
megns gcreage devoted to the production of forgge plants used for 
animal production. 
A. 
A person who violates this subsection commits a civil 
violgtion for which 9 fine of not less thgn $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. 
Sec. 17. 12 MRSA §13157, sub-§5-A is enacted to read: 
5-A. 
Unlawful operating ATV' on temporarily closed trail. 
A 
person may not operate an ATV on gny section of 9 trail posted 
with a 
notice of temporary closure in accordance with this 
subsection. 
The notice must specify the section of trail that is 
closed gnd the period of the closure gnd must be conspicuously 
posted at egch end of the closed section of the trail. 
A. 
A person who violates this subsection commits a civil 
violation for which 9 fine of not less than $100 nor more 
than $500 mgy be adjudged. 
B. 
A person who violates this subsection after hgving been 
adjudicated of having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 18. 12 MRSA §13157, sub-§15, as enacted by PL 2003, c. 
414. Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
15. 
ATV' noise and fire control devices. 
The following 
provisions pertain to ATV muffling and fire control devices gnd 
noise level limits. 
A. Except as provided in section 13159, a person may not: 
Page l4-LR2788(2) 
COMMITTEE AMENDMENT 
• 
-. 
<rI 
.. 
COMMITTEE AMENDMENT 'A" to H.P. 1413, L.D. 1912 
(1) 
Operate an ATV that is not equipped at all times 
with an effective and suitable muffling device on its 
engine to effectively deaden or muffle the noise of the 
exhaust; 
(2) 
Modify the exhaust system of an ATV in any manner 
that 
will 
increase 
the 
noise 
emitted 
above 
the 
following emission standard: 
(a) 
Each ATV must meet noise emission standards 
of 
the 
United 
States 
Environmental 
Protection 
Agency and in no case exceed 96 decibels of sound 
pressure 
when 
measured 
from 
a 
distance of 
inches using test procedures established by the 
commissioner; or 
(3) Operate an ATV without a working spark arrester. 
B. 
The following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 mAY be adjudged. 
(2) 
A persgn whg viglates this subsection after having 
been adjudicated as having committed 3 or more civil 
violatign~ under this Part within the previgus 5-year 
period commits a Class E crime. 
(3) 
In addition to any penalties imposed under this 
subsection, the court may, subject to section 9321 and 
Title 17-A, 
chapter 
54, 
order restitution fgr fire 
syppression 
costs 
incurred 
by 
state 
or 
municipal 
gOVernment entities in suppressing a fire caused by an 
ATV operating without a working spark arrester. 
Sec. 19. 12 MRSA §13157, sub-§15-A is enacted to read: 
1.5-A. 
Prohibited equipment. 
A person may ngt operate an 
ATV 
that is equipped with a 
snorkel kit or other equipment 
designed to allow the ATV to be used in deep water except with 
the permission of the owner of the land on which the ATV is 
operated Qr as prgvided in section 13159. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
COMMITTEE AMENDMENT 
, 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1413, L.D. 1912 
B. 
A person who violates this subsection after haying been 
adjudicated of having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 20. 12 MRSA §13157, sub-§21, as enacted by PL 2003« c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
21. 
Operating 
ATY 
in prohibited 
area. 
The 
following 
proyisions establish areas where the operation of an ATV is 
prohibited. 
A. 
A person may not operate an ATV: 
(1) 
On 
a salt marsh, 
intertidal zone, 
marine sand 
beach, 
sand dune or any cemetery, 
burial place or 
burying ground; or 
(2) 
When the ground is not frozen and sufficiently 
covered with 
snow to preyent direct damage 
to the 
vegetation: 
(a) 
On alpine tundra: 
(b) 
On a freshwater marsh or bog, river, brook, 
stream, great pond, nonforested wetland or vernal 
pool: or 
(c) 
In a source water protection area as defined 
in Title 30-A, section 2001, subsection 20-A. 
The provisions of this subparagraph do not apply to a 
trail designated for 
ATV 
use by the Department of 
Conservation. 
The proyisions of this subparagraph also 
do not apply to a person accessing land for maintenance 
or inspection purposes with the landowner's permission 
or to local, state or federal goyernment personnel in 
the performance of official duties, provided there is 
no significant ground disturbance or sedimentation of 
water bodies. 
B. 
The following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
ciyil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
COMMITTEE AMENDMENT 
I * 
COMMITTEE AMENDMENT ,~, to H.P. 1413, L.D. 1912 
(2) 
A person who violates this subsection after haying 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 21. 12 MRSA §13157, sub-§22, 111[8 and C, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
B. 
Leave open a gate or bars on another person's land; aF 
C. 
Trample or destroy crops on another person's landTL-QI 
Sec. 22. 12 MRSA §13157, sub-§22, 1JD is enacted to read: 
P. 
Remoye or destroy signs or posted notices. 
Sec. 23. 12 MRSA §13157, sub-§23, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. P, §7, is repealed. 
Sec. 24. 12 MRSA §13159, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. P, §7, is amended to read: 
§13l59. Racing meets 
Notwithstanding 
section 
13155 
and 
section 
.i.S9 
13157, 
subsection 15, SUbsection IS-A. SUbsection 16, paragraph A and 
subsection 17, ATVs used exclusively for scheduled racing meets 
and operated solely on predefined race courses are exempt from 
the proviSions of this chapter concerning registration, mufflersL 
snorkel kits and lights during the time of operation at these 
meets and at all prerace practices at the location of the meets. 
Sec. 25. 36 MRS A §1760, sub-§25-A, as amended by PL 2003, c. 
414, Pt. B, §62 and affected by Pt. P, §7, is further amended to 
read: 
25-A. 
All-terrain 
vehicles. 
All-terrain 
vehiclesL 
as 
defined in Title 12, section 13001L 
purchased by a aaal:'es,j,aeae 
aaa--~ReaRQeQ--~-~-~-~-~--~~~~~~-e~~G4Qe--eae--Seaee 
immeQ,j,aee~y-~pea-~e~4~~¥-~~~~~k&c-r--~-~*r&h&S&r-i&-eHempe 
fFem-~-&&~r-~R~eGG-~-a~.-eeI:'Fa,j,R-~~~-~&-~e~eR~--~-ehe 
Seaee-~~~-~~~~-~~-Qays-Q~~4fi~-~~-~~-p&ri&G-fa~~aw,j,B~ 
ehe-Qa~e-~-~~~~-~&-l:'e~,j,seeFeQ-4~-~~~~~-W~&h&*&-aeiB~ 
Fe~iseeFeQ--~-~~--G~a~e--wi&ai»--~-meR~A~--af-~~-~~-ef 
PQFehase person who is not a resident of this State; 
Sec. 26. 36 MRSA §2903-D, sub-§3, llA, as enacted by PL 200l, 
c. 693, §7 and affected by §11, is amended to read: 
COMMITTEE AMENDMENT 
I 
~ 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1413, L.D. 1912 
A. 
The b9RURissi9Bel?--«--1-»],.aaG-F-i-she£-ies--and--W:i:la;!,,ue ATV 
Enforcement Grant and Aid Program established in Title 12, 
section 10322 receives 50% of that amount: and 
Sec. 
27. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
JUDICIAL DEPARTMENT 
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 
Personal Services 
General Fund Total 
JUDICIAL DEPARTMENT 
DEPAR"l'MENT "l'OTALS 
GENERAL FUND 
DEPARTMENT TOTAL -
ALL FUNDS 
IRLAND FISHERIES AND ~LDLIFE, 
DEPAR"l"MEN'T OF 
ATV Safety & Educational Program 
0559 
Initiative: 
Deappropriates funds to 
General 
Fund 
revenues collected by 
Fisheries and Wildlife. 
General Fund 
All Other 
General Fund Total 
INLAND FISHERIES AND ~LDLIFE, 
DEPARTMENT OF 
DEPAR"l"MEN'T "l'OTALS 
General Fund 
DEPARTMENT TOTAL -
ALL FUNDS 
SECTION roTALS 
2003-04 
$0 
$0 
2003-04 
$0 
$0 
correspond to 
the Department 
2003-04 
$0 
$0 
2003-04 
$0 
$0 
2003-04 
2004-05 
$10,504 
$10,504 
2004-05 
$10,504 
$10.504 
a 
loss of 
of Inland 
2004-05 
($105,123) 
($105,123) 
2004-05 
($105,123) 
($i05.l23) 
2004-05 
COMMITTEE AMENDMENT 
ttJi, 
~ 
~ 
COMMITTEE AMENDMENT ,~ to H.P. 1413, L.D. 1912 
GENERAL FOND 
SECTION 'l'OTAL -
ALL FUNDS 
SUMMARY 
This 
amendment 
replaces 
the 
bill. 
accomplishes much of the substance of the bill. 
$0 
($94,619) 
$0 
($94,619)' 
This 
amendment 
1. 
It 
broadens 
the 
purpose 
of 
the 
ATV 
Recreational 
Management Fund to allow for purchase or lease of real estate and 
acquisition of easements for ATV trails or sport-riding facility 
acquisition 
and 
permits 
its 
use 
for 
grants-in-aid 
to 
organizations for the purchase of ATV-related equipment. 
2. 
It creates an ATV law enforcement grant program to make 
enforcement grants to the warden service as well as to other 
enforcement agencies 
and dedicates 
the Department 
of 
Inland 
Fisheries and Wildlife's ATV gas tax revenues under the Maine 
Revised 
Statutes, 
Title 
36, 
section 
2903-D 
to 
the 
ATV 
law 
enforcement grant program. 
It authorizes the program to accept 
and disburse donated materials and equipment. 
3. 
It increases the penalty for failure of an ATV operator 
to stop for a law enforcement officer to a Class D crime with a 
mandatory $1,000 fine. 
It provides that attempting to elude a 
law enforcement officer is subject to the same penalties. 
4. 
It requires the suspension of all licenses and permits 
issued by the Department of Inland Fisheries and Wildlife and 
allows suspension of registrations issued by the department for 
certain violations of ATV laws and it requires the violator to 
complete mandatory training in order to have 
the suspension 
lifted. 
5. 
It changes the law regarding payment of sales and use 
tax prior to ATV registration to parallel provisions relating to 
snowmobiles. 
6. 
It prohibits a child under 10 years of age or a child 
under 16 years of age who has not completed required training and 
is not accompanied by an adult from operating an ATV on any land 
other than on land on which the child is domiciled, land owned or 
leased by the child's parent or guardian or in a safety-training 
site approved by the department. 
7. 
It prohibits snorkel kits and similar kits designed to 
allow ATV use in deep water, except at racing events. 
Violation 
COMMITTEE AMENDMENT 
, 
COMMITTEE AMENDMENT ,,~ to H.P. 1413, L.D. 1912 
of this provision is a civil violation subject to a $100 to $500 
fine. 
8. 
It requires a parent or guardian to attend ATV training 
with children under 16 years of age. 
9. 
It requires visible identification on both the front and 
rear of all ATVs in the form of a sticker. 
Violation of this 
provision is a civil violation subject to a $100 to $500 fine. 
10. 
It establishes a legislative finding that abusive use 
of ATVs places access to private property for recreation at risk. 
11. 
It requires the landowner's or lessee's permission to 
operate an ATV 
on land of another, creates a 
presumption of 
permission 
under 
certain circumstances 
and 
requires 
written 
permission on cropland, pasture land and orchard. 
12. 
It repeals the law providing for a special IS-month 
registration fee. 
13. 
It prohibits operation of an ATV on a portion of trail 
posted as temporarily closed. 
Violation of this provision is a 
civil violation subject to a $100 to $500 fine. 
14. 
It changes the maximum allowable ATV sound level to 96 
decibels in a 20-inch test, to reflect national standards. 
15. 
It 
adds 
rivers, 
brooks, 
streams, 
great 
ponds, 
nonforested wetlands, vernal pools and source water protection 
areas of public drinking water supplies to the list of areas 
where ATV operation is prohibited when the ground is not frozen. 
It provides for 
an exception for 
designated trails and for 
certain 
maintenance 
and 
inspection 
activities 
and 
for 
governmental officials performing their duties provided certain 
conditions are met. 
16. 
It adds destruction of signs and posted notices to the 
current provision regarding abuse of another person's property by 
an ATV operator. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
i\ppropriation/ Allocations 
General Fund 
Revenue 
General Fund 
Other Special Revenue Funds 
Revised: 04/08/04 ;t;vac::.. 
Office of Fiscal and Program Review 
LD 1912 
An Act To Implement the Recommendations of the Governor's Task 
Force on A TV Issues 
LR 2788(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$0 
$0 
$0 
$0 
2004-05 
($27,009) 
($94,619) 
($67,610) 
$102,141 
Projections 
2005-06 
($38,628) 
($129,620) 
($90,992) 
$137,779 
Projections 
2006-07 
($35,102) 
($133,544) 
($98,442) 
$141,819 
Correctional and Judicial Impact Statements: 
Establishes new civil violations. 
Fiscal Detail and Notes 
This fiscal estimate assumes an effective date of August 1, 2004. The bill includes a General Fund appropriation to 
the Judicial Department of $10,504 in fiscal year 2004-05, $11,706 in fiscal year 2005-06 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 also increases General Fund revenue for increased ATV fines by $93,000 in fiscal year 2004-05 and $115,000 
annually thereafter. 
Changing the fund classification of certain revenues will result is a loss of $105,123 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 bill includes a General Fund deappropriation of $105,123 for the 
A TV Safety & Educational Program to compensate for the loss of General Fund revenue from the shift in revenue 
classification. 
LR2788(2) - Fiscal Note - Page 1 of 2 
Change in General Fund Revenues 
2003-04 
2004-05 
2005-06 
2006·( 
Increased A TV Fines 
$0 
$93,000 
$115,000 
$115,000 
Change in Fund Classification 
$0 
($105,123) 
($141,326) 
($145,543) 
Net Impact to IF&W General Fund Revenues 
$0 
($12,123) 
($26,326) 
($30,543) 
Net Loss from Decreased Sales and Use Tax* 
$0 
($55,487) 
($64,666) 
($67,899) 
Total General Fund Revenue Gain (Loss) 
$0 
($67,610) 
($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(2) - Fiscal Note - Page 2 of 2