An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2006 and June 30, 2007 Net Cost (Savings) General Fund Revenue General Fund
Maine Legislature, Session 122, LD 0468
Committee Amendment CA_A-HA_H_H55 (House)
Amends: 29-A MRSA §2081

HOUSE AMENDMENT "f/" to COMMITTEE AMENDMENT "A" to H. P. 343, 
L.D. 
468, 
Bill, 
"An 
Act 
Making 
Unified 
Appropriations 
and 
Allocations for the Expenditures of State Government, 
General 
Fund and Other Funds, and Changing Certain Provisions of the Law 
Necessary to the Proper Operations of State Government for the 
Fiscal Years Ending June 30, 2006 and June 30, 2007" 
Amend the amendment in Part AAA 
by striking out all of 
sections 1, 2 and 3 and inserting in their place the following: 
'Sec. AAA-l. 29-A MRSA §2081, sub-§2, as amended by PL 2001, 
c. 585, §2 and affected by §6, is further amended to read: 
2. 
Children under 40 pounds. 
When a child who weighs less 
than 40 pounds is being transported in a motor vehicle that is 
required by the United States Department of Transportation to be 
equipped with safety seat belts, the operator must have the child 
properly 
secured 
in 
accordance 
with 
the 
manufacturer's 
instructions 
in 
a 
child 
safety 
seat. 
Violation 
of 
this 
subsection is a traffic infraction for which a fine of $50 for 
the first offense, $125 for the 2nd offense and $500 for the 3rd 
and subsequent offenses must be imposed. 
A fine imposed under 
this subsection may not be suspended by the court. 
Sec. AAA-2. 29-A MRSA §2081, sub-§3, as amended by PL 2003, 
c. 380, §§2 and 3 and affected by §5, is further amended to read: 
3. 
Passengers less 
than 
years of age. 
Except 
as 
provided in subsection 
2, 
the 
following 
prov~s~ons apply to 
passengers less than 18 years of age riding in a vehicle that is 
required by the United States Department of Transportation to be 
Page l-LR2149(60) 
HOUSE AMENDMENT 
~~. 
~,~ 
HOUSE AMENDMENT" K" to COMMITTEE AMENDMENT "A" to H.P. 343, L.D. 
equipped with seat belts. 
Violation of this subsection is a 
traffic infraction for which a fine of $50 for the first offense, 
$125 for the 2nd offense and $500 for the 3 rd and subsequent 
offenses must be imposed. 
A. fine imposed under this subsection 
may not be suspended by the court. 
A. 
The operator shall ensure that a child who weighs at 
least 40 pounds but less than 80 pounds and who is less than 
years of age is properly secured in a federally approved 
child restraint system. 
Nonprofit, municipal or contracted 
transportation 
service 
providers 
are 
exempt 
from 
this 
paragraph until February 1, 2005, except that the operator 
shall ensure that the child is properly secured in a seat 
belt. 
B. 
The operator shall ensure that a child who is less than 
years of age and at least 8 years of age or who is less 
than 18 years of age and more than 4 feet, 
inches in 
height is properly secured in a seat belt. 
C. The operator shall ensure that a child who is less than 
years of age and who weighs less than 100 pounds is 
properly secured in the rear seat of a vehicle, if possible. 
Sec. AAA-3. 29-A MRSA §2081, sub-§3-A, as amended by PL 1997, 
c. 450, §2, is further amended to read: 
3-A. 
Other 
passengers 
years 
of 
age 
and 
o1der; 
operators. 
When a person 18 years of age or older is a passenger 
in a vehicle that is required by the United States Department of 
Transportation to be equipped with seat belts, the passenger must 
be properly secured in a 
seat belt. 
Each such passenger is 
responsible 
for 
wearing 
a 
seat 
belt 
as 
required 
by 
this 
subsection, and a passenger that fails to wear a seat belt as 
required 
by 
this 
subsection 
is 
subject 
to 
the 
enforcement 
provisions of subsection 4. 
The operator of a vehicle that is 
required by the United States Department of Transportation to be 
equipped with seat belts must be secured in the operator's seat 
belt. 
Violation of this subsection is a traffic infraction for 
which a fine of $50 for the first offense, 
$125 for the 2nd 
offense and $500 for the 3rd and subsequent offenses must be 
imposed. 
A. 
fine 
imposed 
under 
this 
subsection 
may 
not 
be 
suspended by the court.' 
Further amend the amendment in Part III by striking out all 
of section 40. 
Further amend the amendment in Part III in section 47 in the 
first line (page 361, line 7 in amendment) by inserting after the 
fOllowing: 
"permit;" 
the 
following: 
'nomnotorized watercraft 
stickers; , 
HOUSE AMENDMENT 
~~. 
~,tj 
HOUSE AMENDMENT" ,)" to COMMITTEE AMENDMENT "A" to H.P. 343, L.D. 
[I 
Further amend the amendment in Part III in section 47 by 
inserting at the end a new paragraph to read: 
'The commissioners shall conduct a study to determine the 
benefits, effectiveness and disadvantages of issuing stickers to 
and imposing a fee on nonmotorized watercraft. 
The commissioners 
shall submit their recommendations to the Second Regular Session 
of the l22nd Legislature.' 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment 
Part 
letter 
by 
or 
SUMMARY 
relettering or renumbering 
section 
number 
to 
read 
This amendment removes the provision that imposes a $10 fee 
on nonmotorized watercraft such as rowboats, canoes and kayaks. 
The amendment also changes the fines for failure to wear a seat 
belt or to properly secure a child in a vehicle from a minimum 
and maximum fine to a fine of $50 for the first offense, $125 for 
the 2nd offense and $500 for a 3rd or subsequent offense. 
The 
amendment also requires the Commissioner of Inland Fisheries and 
Wildlife and the Commissioner of Conservation to study the issue 
of fees and stickers for nonmotorized watercraft and to submit 
their recommendations to the Second Regular Session of the l22nd 
Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
/~7 
" 
--7 
SPONSORED BY~~ D~ 
(Representati 
l BRANNIG.N1 ~./// 
/' 
. 
~/~/ 
HOUSE AMENDMENT 
Approved: 03/23/05 hac:::. 
LD468 
LR 2149(60) 
An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, 
General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper 
Operations of State Government for the Fiscal Years Ending June 30, 2006 and June 30, 2007 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Fiscal Note for House Amendment" " to Committee Amendment" " 
Sponsor: Rep. Brannigan 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
2006-07 
$1,295,491 
$1,990,491 
($1,295,491) 
($1,990,491) 
Fiscal Detail and Notes 
This amendment will increase the General Fund cost of the bill by $1,295,491 in fiscal year 2005-06 and $1,990,491 
in fiscal year 2006-07. Based on the estimated year-end balances, this amendment maintains a balanced budget for the 
2006-2007 biennium. 
LR2149(60) - Fiscal Note - Page 1 of 1