An Act To Implement Recommendations ofthe MCJUSTIS Policy Board Conl~erning the Drafting of Crimes and Civil Violations Pursuant to Resolve 1997, Chapter 105, as Amended LR 0526(02)
Maine Legislature, Session 121, LD 1567
Committee Amendment CA_A_H557 (House)
Amends: 7 MRSA §3991, 7 MRSA §4209, 12 MRSA §6204, 12 MRSA §6804, 17 MRSA §1031, 22 MRSA §49, 38 MRSA §423, 38 MRSA §972

COMMITTEE AMENDMENT "~,, to H.P. 1149, L.D. 1567, Bill, "An 
Act To 
Implement Recommendations of the MCJUSTIS Policy Board 
Concerning the Drafting of Crimes and Civil Violations Pursuant 
to Resolve 1997, Chapter 105, as Amended" 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
'Mandate preamble. 
This measure requires one or more local 
units of government to expand or modify activities so as to 
necessitate additional expenditures from local revenues but does 
not provide funding for at least 90% of those expenditures. 
Pursuant to the Constitution of Maine, Article IX, Section 21, 
2/3 of all of the members elected to each House have determined 
it necessary to enact this measure. ' 
Further amend the bill in Part B in section 9 in that part 
designated "§718." in sUbsection 1 in paragraph F in the last 
line (page 5, line 32 in L.D.) by striking out the following: 
"J" and inserting in its place the following: 
' 2.' 
Further amend the bill in Part B in section 12 in that part 
designated "§769." in the section headnote (page 7, line 34 in 
L.D.) by striking out the following: 
"Forfeitures" and inserting 
in its place the following: 
'Fines' 
Further amend the bill in Part B in section 21 in that part 
designated "§3950-A." in subsection 4 in the 2nd line (page 11, 
line 18 in L.D.) by inserting after the following "prosecutions" 
the following: 
'to be' 
Further amend the bill in Part B by striking out all of 
section 22 (page 11, lines 23 and 24 in L.D.) and inserting in 
its place the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1149, L.D. 1567 
'Sec. B-22. 7 MRSA §3991, as amended by PL 2003, c. 405, §22, 
is repealed.' 
Further amend the bill in Part B, in section 23 in that part 
designated "§399l-A." in subsection 3 in the 3rd line (page 12, 
line 
in L.D.) 
by 
striking out 
the 
following: 
"£5..Q." 
and 
inserting in its place the following: 
'$200' 
Further amend the bill in Part B in section 26 in subsection 
in paragraph A in the 2nd line (page 15, line 43 in L.D.) by 
inserting 
after 
the 
following: 
"accordance" 
the 
following: 
'with' 
Further amend the bill in Part B by inserting after section 
the following: 
'Sec. B-29. 7 MRSA §4209, as amended by PL 1999, c. 530, §6, 
is repealed.' 
Further amend the bill in Part E in section 1 in that part 
designated "§l602." in subsection 3 by striking out all of the 
last underlined sentence (page 23, lines 17 to 20 in L.D.) 
Further amend the bill in Part E by striking out all of 
sections 5 and 6. 
Further amend the bill in Part 
designated "§2368." in subsection 1 
line 19 in L.D.) by striking out the 
inserting in its place the following: 
E in section 8 in that part 
in the first line (page 25, 
following: 
"violations" and 
'penalties' 
Further amend the bill in Part F by striking out all of 
section 7 and insert.ing in its place the following: 
'Sec. F-7. 12 MRSA §6204, as amended by PL 2003, c. 248, §6, 
is further amended 1:0 read: 
§6204. 
General penalty 
A violation of any provision of marine resources' laws is a 
Class 
D 
crime, 
unless 
another 
penalty 
has 
been 
expressly 
provided. 
Except 
as 
otherwise 
specifically 
provided, 
these 
crimes are strict liability crimes as defined in Title l7-A, 
section 34, subsection 4-A. ' 
Further amend the bill in Part F by striking out all of 
section 25 and inserting in its place the following: 
'Sec. F-25. 12 MRSA §6804, sub-§I, as amended by PL 2003, c. 
248, §10, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'ff" to H.P. 1149, L.D. 1567 
1. 
License required. 
activities 
authorized 
under 
A person may 
this 
section 
not engage 
without 
a 
in the 
current 
eeffiffie~eia±-ReF~ReFR-6RFiffip-±ieeRseT~ 
A. 
Resident commercial northern shrimp license; 
B. 
Resident with crew commercial northern shrimp license; or 
C. 
Nonresident 
with 
crew 
commercial 
northern 
shr imp 
license. ' 
Further amend the bill in Part F by striking out all of 
section 43 (page 44, lines 30 and 31 in L.D.) and inserting in 
its place the following: 
'Sec. F-43. 12 MRS A §8883, as amended by PL 2003, c. 345, §1, 
is repealed.' 
Further amend the bill in Part F in section 44 in that part 
designated "§8883-B." in subsection 6 in paragraph C in the first 
line (page 47, line 3 in L.D.) by inserting after the following: 
"Harvesting" the following: 
'performed by the landowner' 
Further amend the bill in Part I in section 13 by striking 
out all of the amending clause (page 55, lines 42 and 43 in L.D.) 
and inserting in its place the following: 
'Sec. 1-13. 17 MRSA §1031, sub-§I, as amended by PL 2003, c. 
414, Pt. B, §30, is further amended to read:' 
Further amend the bill in Part I in section 13 in subsection 
in paragraph G in the 3rd line (page 57, line 26 in L.D.) by 
striking out the following: 
"10" and inserting in its place the 
following: 
'13' 
Further amend the bill in Part I in section 15 by striking 
out all of the amending clause (page 59, lines 1 and 2 in L.D.) 
and inserting in its place the following: 
'Sec. 1-15. 17 MRS A §1031, sub-§I-B, as amended by PL 2003, c. 
405, §24, is further amended to read:' 
Further amend the bill in Part I in section 15 in subsection 
l-B in paragraph B by striking out the following: 
"Kills" and 
inserting in its place the following: 'Causes the death of' 
Further amend the bill by striking out all of Part K. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "If, to H.P. 1149, L.D. 1567 
Further amend the bill in Part L in section 2 by striking 
out all of the amending clause (page 83, line 44 in L.D.) and 
inserting in its place the following: 
'Sec. L-2. 22 MRSA §49 is enacted to read:' 
Further 
amend 
the bill in Part 
L in section 
in the 
headnote 
(page 
83, 
line 
in 
L.D. ) 
by 
striking 
out 
the 
following: 
"§48." 
and inserting in its place the following: 
'§n,..' 
Further amend the bill in Part M in section 4 in subsection 
in the 5th line (page 98, line 33 in L.D.) by striking out the 
following: 
"$250" 
and inserting in its place the following: 
'$699 $500' 
Further amend the bill in Part 0 
by striking out all of 
section 1 and inserting in its place the following: 
'Sec. 0-1. 25 MRS A §2001, as amended by PL 2003, c. 414, Pt. 
B, §36, is repealed.' 
Further amend the bill in Part 0 in section 2 in that part 
designated "§2001-A." in subsection 2 by striking out all of 
paragraph C (page 103, lines 31 and 32 in L.D.) and inserting in 
its place the following: 
'C. 
Knives used to hunt. fish or trap as defined in Title 
12, section 101QJli...L' 
Further amend the bill in Part 0 in section 2 in that part 
designated "§2001-A .• " in subsection 2 in paragraph E in the 3rd 
line from the end (page 103, line 41 in L.D.) by striking out the 
following: 
"section 7377, subsections 1 and 2" and inserting in 
its place 
the 
following: 
'section 11108 
and 
section 12202, 
subsection I' 
Further amend the bill in Part R in section 4 in subsection 
in the last blocked paragraph in the first line (page 128, 
line 
in 
L.D.) 
by 
striking 
out 
the 
following: 
"civil 
violation" and inserting in its place the following: 
'traffic 
infraction' 
Further amend the bill in Part R in section 5 in subsection 
in the last 2 lines (page 129, lines 8 and 9 in L.D.) by 
striking out the following: 
"civil violation" and inserting in 
its place the follow'ing: 
'traffic infraction' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "ft: to H.P. 1149, L.D. 1567 
Further amend the bill in Part R in section 17 in subsection 
by striking out all of paragraphs Band C (page 133, lines 11 
to 19 in L.D.) and inserting in their place the following: 
'B. 
In violation of 
a 
condition or restriction on the 
license. 
Violation of this paragraph is a Class E crime, 
which is a strict liability crime as defined in Title l7-A, 
section 34, subsection 4-A; 
C. 
Without a license issued by this State if a resident of 
this State for more than 30 days but fewer than 90 days. 
Violation of this paragraph is a traffic infraction; or 
D. 
Without a license issued by this State if a resident of 
this 
State 
for 
more 
than 
days. 
Violation of 
this 
paragraph is a Class E crime, which is a strict liability 
crime as defined in Title l7-A, section 34, subsection 4-A.' 
Further amend the bill in Part R in section 49 in subsection 
in the first paragraph in the first line (page 141, line 23 in 
L.D.) by striking out the following: 
"The operator of one" and 
inserting in its place the following: 
''Ihe--Gpe-~at:9F A person 
operating any' 
Further amend the bill in Part R in section 53 in that part 
designated "S2101-A." in subsection 1 in the 2nd line from the 
end (page 142, line 41 in L.D.) by striking out the following: 
"violation the driver commits is" and inserting in its place the 
following: 
'conduct of the driver is punishable as' 
Further amend the bill in Part R in section 
designated "S2101-A." in subsection 2 in the last 
line 48 in L.D.) by striking out the following: 
driver commits is" and inserting in its place 
'conduct of the driver is punishable as' 
in that part 
line (page 142, 
"violation the 
the following: 
Further amend the bill in Part U by striking out all of 
section 1 (page 166, lines 9 to 23 in L.D.) 
Further amend the bill in Part X in section 1 in that part 
designated "SIOl." in subsection 1 in the 4th line (page 17 6, 
line 2 in L.D.) by striking out the fOllowing: 
"suspended pilot" 
and inserting in its place the following: 
'pilot whose license 
has been revoked or suspended' 
Further amend the bill in Part X in section 3 by striking 
out all of subsection 2 and inserting in its place the following: 
'2. 
Civil penalties. 
ARY Except as otherwise specifically 
provided, a person who violates aRy-¥-e-v-i-s-i-eR--o-f--t:-ae.-;!,aws a law 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/1,, to H. P. 1149, L.D. 1567 
administered by the department, including, without limitation, a 
violation of the terms or conditions of aHY 
an order, 
rule, 
license, 
permit, 
approval 
or 
decision 
of 
the 
board 
or 
commissioner, or 
,~ho disposes of more than 500 pounds or more 
than 100 cubic feet of litter for 
a 
commercial purpose, 
in 
violation of Title 17, section 6694 2265-A, is subject to a civil 
penalty, payable to the State, of not less than $100 ae~ and not 
more than $10,000 for each day of that violation or, if the 
violation relates to hazardous waste, of not more than $25,000 
for each day of the violation. 
This penalty is recoverable in a 
civil action.' 
Further amend the bill in Part X in section 6 by striking 
out all of the amending clause (page 178, lines 5 and 6 in L.D.) 
and inserting in it:s place the following: 
'Sec. X-6. 38 MRSA §423, as amended by PL 2003, c. 414, Pt. 
B, §70, is repealed and the following enacted in its place:' 
Further amend the bill in Part X in section 6 in that part 
designated "S423." in subsection 3 in the 3rd line (page 178, 
line 35 in L.D.) by striking out the following: 
"section 7791, 
subsection 
14" 
and 
inserting 
in 
its 
place 
the 
following: 
'section 13001, subsection 28' 
Further amend the bill in Part X by striking out all of 
section 9 and inserting in its place the following: 
'Sec. X-9. 38 MRSA §972 is repealed.' 
Further amend the bill in Part X in section 10 in subsection 
in the 2nd line (page 181, line 8 in L.D.) by striking out the 
fOllowing: 
"in fact" 
Further amend the bill in Part X in section 10 in subsection 
in the 8th line (page 181, line 14 in L.D.) by inserting after 
the following: 
"tires" the following: 
'without a license or' 
Further amend the bill in Part X in section 11 by striking 
out all of SUbsection 5 and inserting in its place the following: 
'5. 
Transporting after sUIIIIIIOns or arrest. 
A person who, 
after being issued a summons or arrested for a violation of the 
license or manifest requirements, transports the scrap tires to 
an unlicensed, non1exempt waste facility commits a Class D crime. 
Violation of this subsection is a 
strict liability crime as 
defined 
in 
Title 
17-A, 
section 
34, 
subsection 
4-A. 
Notwithstanding Title 17-A, section 1301. the maximum fine under 
this subsection is not more than $25,000 per violation.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1149, L.D. 1567 
Further amend the bill 
section 2 (page 182, line 22 
the follow: 
'Sec. Y -2. Effective Date. 
except that section of this 
Statutes, Title 14, 
section 
adjournment 
of 
the 
First 
Legislature. ' 
in Part Y by striking out all of 
in L.D.) and inserting in its place 
This Act takes effect July 1, 2004 
Part that enacts the Maine Revised 
5604 takes effect 90 
days after 
Regular 
Session 
of 
the 
l2lst 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
or renumbering 
number 
to 
any 
read 
SUMMARY 
This amendment makes the following changes to the bill. 
It changes a cross-reference in the laws governing livestock 
feeds. 
It changes 
the 
term "forfeitures" to "fines" 
for civil 
violations. 
It inserts the word "with," which was inadvertently omitted, 
in the nutrient management laws. 
It 
corrects 
language 
referring 
to 
the 
Commissioner 
of 
Agriculture's responsibility with regard to enforcement of animal 
welfare laws and the duties of municipal officers to clarify that 
the commissioner is required to direct proceedings, actions and 
prosecutions to be instituted. 
It adds 
a 
section repealing the Maine Revised Statutes, 
Title 7, section 4209 because the provisions of Title 7, section 
4209, concerning penalties in the nutrient management laws, are 
incorporated into Title 7, sections 4204, 4205 and 4207. 
It 
deletes 
a 
sentence 
from 
the 
remedies 
subsection 
concerning violation of the trademark rights of the Maine Potato 
Commission. 
This sentence, which is archaic language, refers to 
fines collected by county treasurers, which no longer occurs. 
It deletes 2 sections concerning violation of the trademark 
rights of the Maine Sardine Council. 
The Maine Sardine Council 
is no longer in existence, although the trademark protection laws 
are still in existence. 
These' 2 sections are deleted from the 
bill to avoid any confusion. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT • .;; to H.P. 1149, L.D. 1567 
It changes thle terminology in the wood measurement laws from 
civil "violations" to civil "penalties" because the violations 
are not civil violations enforced by the State, but are enforced 
by the person who is aggrieved by the violator. 
It reflects changes made to the 
penalty in Public Law 2003, 
chapter 
conflict. 
general marine resources 
in order to avoid a 
It reflects changes made to commercial shrimp licenses in 
Public Law 2003, chapter 248 to avoid a conflict. 
It reflects changes proposed to timber harvesting laws this 
year in Public Law 2003, chapter 345. 
It strikes all of Part K of the bill because the corrections 
in Part K are proposed in L.D. 1548. 
It 
makes 
thE~ 
maximum 
fine 
for 
Maine 
Turnpike 
traffic 
infractions the s~ne as for traffic violations under Title 29-A, 
which is $500. 
It 
changes 
the 
type 
of 
violation 
of 
the 
temporary 
registration of vehicles laws from "civil violation" to "traffic 
infraction." 
All violations in Title 29-A that are civil and not 
criminal are to be termed traffic infractions. 
It clarifies the law concerning obtaining a Maine driver' s 
license. 
Residents of the State are required to obtain a Maine 
license within 30 days of becoming residents. 
Operating without 
obtaining a Maine license is a crime if the operator has been a 
resident of the State for more than 90 days; otherwise it is a 
traffic infraction. 
This "failure to obtain a 
Maine license" 
offense 
with 
graduated 
penalty 
prov~s~ons is 
distinct 
from 
operating altogether without a license or beyond the restrictions 
imposed on a license issued by any jurisdiction. 
It clarifies that any person operating one of 
a 
set of 
specified vehicles is responsible for certain safety procedures 
when approaching and crossing railroad tracks. 
It clarifies t~hat, under the permitting unlawful use laws, a 
driver 
does 
not 
have 
to 
be 
convicted or 
adjudicated 
as 
a 
requirement 
for 
convicting 
or 
adjudicating 
the 
person 
who 
authorizes or permits the use of the vehicle. 
It deletes changes to a subsection in the public utilities 
laws that is repealed in another bill. 
It clarifies language concerning pilots in coastal waters. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Ii to H.P. 1149, L.D. 1567 
It clarifies that violations that are enforced 
by 
the 
Department of Environmental Protection when those violations are 
civil are not considered "civil violations," but are violations 
that are enforced in a civil action. 
It removes a section that states that conversion of floating 
timber is a form of theft because all thefts are covered by the 
Maine Criminal Code, chapter 15. 
It 
removes 
the 
term 
"in 
fact" 
from 
the 
concerning transporting scrap tires because the 
termed a strict liability crime, making the use 
duplicative. 
new 
language 
violation is 
of "in fact" 
It provides that the fines concerning scrap tires apply to 
transporting without a license as well as transporting without a 
manifest. 
It 
clarifies 
that 
the 
violations 
concerning 
the 
transportation of scrap tires are crimes. 
There is also a change 
to 
include 
reference 
to 
transporting 
without 
a 
license 
in 
addition 
to 
without 
a 
manifest. 
Finally, 
the 
language 
is 
corrected to clarify that violation for transporting the scrap 
tires to an unlicensed, 
nonexempt waste facility after being 
summonsed or arrested for transporting without 
a 
license or 
manifest is a Class D crime if the tires being transported are 
the same tires that were the subject of the earlier arrest or 
summons. 
It provides that the provl.sl.ons 
concerning terminology for 
civil monetary sanctions take effect 90 days after adjournment of 
the First Regular Session of the 121st Legislature, while the 
rest of the bill as amended takes effect July 1, 2004. 
This amendment also adds a mandate preamble. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
State Mandate 
Approved: 05/28/03 frac:.. 
Office of Fiscal and Program Review 
LD 1567 
An Act To Implement Recommendations ofthe MCJUSTIS Policy Board 
Conl~erning the Drafting of Crimes and Civil Violations Pursuant to 
Resolve 1997, Chapter 105, as Amended 
LR 0526(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Exempt State Mandate 
Potential cun-ent biennium cost increase - General Fund 
New or Expanded Activity 
Unit Affected 
Costs 
Significant 
This bill requires changes to be made to the District Attorneys' "Justware" computer 
County 
system. Additional staff time and consultant services at the county level to change 
current templates could create significant I;OStS. Pursuant to the Mandate Preamble, 
the two-thirds vote of all members elected to each House exempts the State from the 
constitutional requirement to fund 90% of the additional local costs. 
Fiscal Detail and Notes 
This bill makes technical and statutory cite changes to ensure that each crime and civil violation has its own unique 
statutory cite. This bill will require changes to be made to the "Justware" computer system used by the District 
Attorneys. In addition, the requirement to implement changes in Part R of the bill may require the Judicial 
Department to hire a contracted programmer. The estimated cost could be as high as $30,000. The Judicial 
Department has two legislative bond initiatives, LD 665 and LD 1591, that would replace the Violations Bureau 
computer system and would allow the changes identified in this bill to be incorporated into the new system without 
any additional costs. 
LR0526(2) - Fiscal Note - Page 1 of 1