An Act to Amend the Laws Regarding Junkyards, Automobile Graveyards and Automobile Recycling Businesses LR 1388(02)
Maine Legislature, Session 121, LD 1367
Committee Amendment CA_A_H381 (House)
Amends: 30-A MRSA §3753

COMMITTEE AMENDMENT "f}., to H.P. 1002, L.D. 1367, Bill, "An 
Act To Amend the Laws Regarding Junkyards, Automobile Graveyards 
and Automobile Recycling Businesses" 
Amend the bill in section 3 in subsection 1 by striking out 
all of paragraph A and inserting in its place the following: 
'A. 
"Automobile graveyard" does not include: 
(1) 
An area used for temporary storage of vehicles or 
vehicle parts by an establishment or place of business 
that is primarily engaged in doing vehicle repair work 
to make repairs to render a motor vehicle serviceable. 
In order for 
a 
vehicle's storage to be considered 
temporary. it must be removed from the site within 180 
calendar days of its receipt: 
(2) 
An area used by an automobile hobbyist to store. 
organize. 
restore or display antigue autos. 
antigue 
motorcycles, 
classic 
vehicles, 
horseless 
carriages. 
reconstructed vehicles. street rods or parts of these 
vehicles as these vehicles are defined in Title 29-A. 
section 101 as long as the hobbyist's activities comply 
with all applicable federal 
and state statutes and 
rules and municipal ordinances. other than ordinances 
that 
are 
more 
restrictive 
than 
this 
subsection 
regarding the storage of vehicles or vehicle parts that 
are collected by a hobbyist. 
For the purposes of this 
subparagraph. an automobile hobbyist is a person who is 
not primarily engaged in the business of selling any of 
those vehicles or parts from those vehicles: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "f}, to H.P. 1002, L.D. 1367 
(3) 
An 
area 
used 
for 
the parking or 
storage of 
vehicles. vehicle parts or equipment intended for use 
by a municipality, quasi-municipal entity or state or 
federal agency: 
(4) 
An area used for the storage of operational farm 
tractors 
and 
related 
farm 
equipment. 
log 
skidders. 
logging 
tractors 
or 
other 
vehicles 
exempted 
from 
registration under Title 29-A, chapter 5; 
(5) 
An 
area 
used 
for 
the parking or 
storage of 
vehicles or eguipment being offered for sale by a 
dealer. 
equipment dealer. trailer dealer or vehicle 
auction business as defined in Title 29-A, section 851; 
(6) 
An area used for the storage of vehicles b,y an 
establishment or place of business that is primarily 
engaged in business as a new vehicle dealer as defined 
in Title 29-A. section 851: 
(7) 
An area used for temporary storage of vehicles by 
an establishment or place of business that is primarily 
engaged in business as an insurance salvage pool. 
In 
order 
for 
a 
vehicle's 
storage 
to 
be 
considered 
temporary under this subparagraph, the vehicle must be 
removed from the site within 180 days of receipt of 
title by the business: or 
(8) 
An 
area 
used for 
the parking or 
storage of 
operational 
commercial 
motor 
vehicles. 
special 
equipment or special mobile equipment as defined in 
Title 29-A. 
section 101 that is temporarily out of 
service but is expected to be used by the vehicle or 
equipment owner or by an operator designated by the 
owner. 
This subsection does not exempt an area used 
for the parking or storage of equipment or vehicles 
that are not operational while stored or parked in the 
~' 
Further amend the bill in section 4 in subsection I-A by 
inserting at the end the following: 
'A. 
"Automobile recycling business" does not include: 
(1) 
Financial institutions as defined in Title 9-B. 
section 131. subsections 17 and l7-A; 
(2) 
Insurance companies licensed to do business in the 
State; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. h.. to H. P. 1002, L. D, 13 67 
(3) 
New vehicle dealers, as defined in Title 29-A, 
section 851, licensed to do business in the State; or 
(4) 
That portion of the business premises that is used 
for temporary storage of vehicles by an establishment 
or place of business that is primarily engaged in 
business as an insurance salvage pool. 
In order for a 
vehicle's storage to be considered temporary under this 
subparagraph, the vehicle must be removed from the site 
within 180 days of receipt of title by the business.' 
Further amend the bill by inserting after section 6 the 
following: 
'Sec. 7. 30-A MRSA §3753, as amended by PL 1993, c. 173, §4, 
is further amended to read: 
§3753. 
Permit required 
Ne A person may nQt establish, 
operate or maintain an 
automobile graveyard, automobile recycling business or junkyard 
without 
first 
obtaining 
a 
nontransferable 
permit 
from 
the 
municipal officers of the municipality in which the automobile 
graveyard, 
automobile recycling business or junkyard is to be 
located, or from the county commissioners of the county of any 
unorganized 
territory 
in 
which 
the 
automobile 
graveyard, 
automobile 
recycling business or junkyard is to be located. 
Permits issued to an automobile graveyard or junkyard under this 
section are valid until the first day of the following yearl.. 
except that, beginning in calendar year 2004, permits issued to 
an automobile graveyard or junkyard under this section are valid 
until the first day of October of the following year. 
Permits 
issued to an automobile recycling business under this section are 
valid for 5 years from the date of issuance and are renewable 
provided that the permit holder furnishes 
a 
sworn statement, 
annually, on the anniversary date of the granting of the permit, 
that the facility 
complies with 
the 
standards 
of operation 
applicable at the time of issuance of the permit. 
A person 
operating a business that involves the recycling of automobiles 
may operate under 
a permit for an automobile graveyard or a 
permit for an automobile recycling business.' 
Further amend the bill in section 8 in that part designated 
"§3754-A." in subsection 3 in paragraph A in the first and 2nd 
lines (page 4, lines 40 and 41 in L.D.) by striking out the 
following: 
"facility, including, but not limited to, 
aft 
and 
inserting in its place the fOllowing: 
'building,' 
COMM/rrEE AMENDMENT 
_ ,:>, 
/1: .• .-
~ 
COMMITTEE AMENDMENT .~ to H.P. 1002, L.D. 1367 
Further amend the bill in section 8 in that part designated 
"§.3754-A." in subsection 3 in paragraph B in the first line (page 
4, line 44 in L.D.) by striking out the following: 
"public" 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumber ing 
number 
to 
any 
read 
The amendment adds to the areas that are exempt from the 
definition of "automobile graveyard" and to the definition of 
"automobile recycling business." 
In particular, the amendment 
exempts from the definitions new vehicle dealers and insurance 
salvage pools. 
The amendment also exempts from the definition of 
"automobile graveyard" areas that are used for the parking or 
storage 
of 
operational 
commercial 
motor 
vehicles, 
special 
equipment 
or 
special 
mobile 
equipment. 
The 
amendment 
also 
specifies that, beginning in 2004, permits issued to automobile 
graveyards or junkyards are valid until October of the following 
year. 
The 
amendment also limits the ban on new permits for 
automobile graveyards or junkyards to areas that are located 
within 
feet 
of 
a 
public building, 
public park, 
public 
playground, public bathing beach, school, church or cemetery. 
FISCAL NOTE REQClRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/13/03 .?k?ac:-
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1367 
An Act to Amend the Laws Regarding Junkyards, Automobile 
Graveyards and Automobile Recycling Businesses 
LR 1388(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements: 
This bill may increase the number of civil suits filed in the court system. 
LR1388(2) - Fiscal Note - Page 1 of 1