An Act To Create the A TV Trail Advisory Council
Maine Legislature, Session 122, LD 1300
Committee: Inland Fisheries and Wildlife
Sponsors: MOODY, SA VIELLO
Amends: 5 MRSA §12004-I, 12 MRSA §1893-C

Legislative Document 
No. 1300 
H.P.897 
House of Representatives, March 15,2005 
An Act To Create the A TV Trail Advisory Council 
(EMERGENCY) 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Representative MOODY of Manchester. 
Cosponsored by Representative: SA VIELLO of Wilton. 
Printed on recycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas,the laws regulating ATVs are in effect; and 
Whereas, there is no one to assist the ATV operators in 
establishing trails to be used for ATVs; and 
Whereas, it is necessary to have this legislation be an 
emergency so that trails may be established as soon as possible; 
and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin 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: 
Sec. 1. 5 MRSA §12004-I, sub-§3-C is enacted to read: 
3-C. 
Conservation 
ATV Trail 
Advisory 
Council 
Expenses 
for Non-
MRSA 
§1893-C 
salaried and 
Nonpaid Public 
Members Only 
Sec. 2. 12 MRSA §1893-C is enacted to read: 
§1893-C. ATV Trai1 Advisory Counci1 estab1ished 
1. 
Appointment and composition. 
The 
ATV Trail Advisory 
Council, referred to in this section as "the advisory council" 
and established by Title 5, 
section 12004-1, 
subsection 3-C, 
consists of 11 members. 
The director or the director's designee 
serves as an ex officio member and may vote only to break a tie. 
The other 10 members are appointed by the commissioner as follows: 
A. 
Three members 
who 
represent ATV 
clubs that are 
ATV 
Recreational Management Fund grantees; 
B. 
Three members who represent municipal ATV Recreational 
Management Fund grantees; 
C. 
Two members who represent a statewide organization with 
an interest in operating ATVs; 
D. 
One member who represents ATV business interests; and 
Page l-LR1278(1) 
E. 
One member who represents landowner interests. 
2. 
Terms. 
Members of the advisory council serve for 
years, 
except 
that 
initially 
the 
members 
appointed 
under 
subsection 1, paragraphs A, Band C shall draw lots for 2-year or 
3-year terms. 
Members continue serving until a successor is duly 
appointed and qualified. 
A member may not serve more than 
consecutive 
3-year 
terms. 
When 
a 
vacancy 
occurs, 
the 
commissioner shall fill the vacancy by appointing a member from 
the same category as the member who vacated the advisory council 
and that member continues to serve for the remainder of the 
term. 
An employee of the department may not serve as a member of 
the advisory council prior to the expiration of one year from the 
employee's 
last 
day 
of 
employment 
with 
the 
department. 
A 
Legislator may not serve as a member of the advisory council. 
3. 
Compensation. 
Advisory council members are entitled to 
reasonable expenses as 
provided in Title 5, 
chapter 
379, 
as 
approved by the director. 
4. 
Duties. 
The 
advisory council shall provide 
to 
the 
director advice and information on the management of the ATV 
Recreational Management Fund, including, but not limited to: 
A. 
The annual establishment of reimbursement rates for ATV 
club trail grants, municipal ATV trail grants and capital 
equipment grants: and 
B. 
Expenditures that are over $30,000 for ATV activities 
pursuant to section 1893 and are not part of the regular 
grant program. 
5. 
Chair; vice-chair. 
The advisory council shall, during 
its meeting in August, elect one of its appointed members as 
chair and one of its appointed members as vice-chair for one-year 
terms. 
• 
Meetings. 
The advisory council shall hold meetings in 
August and February. 
The advisory council may also meet at other 
times at the call of the chair or the director or the director's 
designee. 
7. 
Public meetings; public couanent. 
All meetings of the 
advisory council are open to the public and must be held in a 
location that 
~s convenient for public access. 
Public comment 
must be accepted at meetings of the advisory council. 
Comments 
may be restricted to subjects before the advisory council at the 
meeting 
and 
consistent with 
any 
applicable 
requirements 
and 
limitations of the Maine Administrative Procedure Act. 
8. 
Public notice. 
Public notice of all advisory council 
meetings must be in accordance with Title 1, section 406. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill creates the ATV Trail Advisory Council.