An Act To Implement the Recommendations of the ATV Trail Advisory Council
Maine Legislature, Session 122, LD 2057
Committee Amendment CA_A_H947 (House)
Amends: 12 MRSA §10902

COMMITTEE AMENDMENT "A" to H.P. 1453, L.D. 2057, Bill, "An 
Act To Implement the Recommendations of the ATV Trail Advisory 
Council" 
Amend the bill by striking out all of sections I to 5 and 
inserting in their place the following: 
'Sec. 1. 12 MRSA §10902, sub-§9, as amended by PL 2005, c. 
477, §3, is further amended to read: 
9. 
Discretionary suspension for certain ATV 
violations; 
training. 
The commissioner saa;b;b may suspend all licenses aaa-L 
permits and registrations issued by the department pursuant to 
thi s Part 
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saepa~t:-9-eE-t:ais-Pa~t: to any person convicted or adjudicated of: 
A. 
Operating 
an 
ATV 
on 
a 
temporarily closed trail 
as 
prohibited under section 13157-A, subsection 24; or 
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Page I-LR3216(2) 
COMMITTEE AMENDMENT 
;':'",~ 
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COMMITTEE AMENDMENT "~,, to H.P. 1453, L.D. 2057 
gT-Reek~ess-~~~~~-~~~r~-P~~&~~-aaQeF-See~i9B 
~~1§+-AT-sYBsee~i9B-1Qt 
F. 
Operating 
an 
ATV 
on 
the 
land 
of 
another 
without 
permission, as prohibited under section 13157-A, subsection 
1t-9!' ..... 
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If the commissioner suspends a license. permit or registration 
pursuant to this subsection. the suspension must be for at least 
days. 
The commissioner shall reinstate licenses, permits and 
registrations 
that 
have 
been 
suspended 
pursuant 
to 
this 
subsection 9B~y-4~ after the period of suspension has elapsed and 
after the person satisfactorily completes, in accordance with 
procedures established by the commissioner by rule, a training 
program approved by the department relating to safety and ethics 
in the operation of ATVs. 
The costs of 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 
requirements 
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.2. 12 MRSA §10902, sub-§10 is enacted to read: 
10. 
Mandator.y suspension for certain ATV vio1ations. 
The 
commissioner shall suspend for at least one year all licenses, 
permits and registrations issued by the department pursuant to 
this Part to any person convicted or adjudicated of: 
A. 
Abuse of another person I s property as prohibited under 
section 13157-A. subsection 22; 
B. Operating an ATV under the influence as prohibited under 
section 10701. subsection I-A. paragraph D; 
C. Operating an ATV to endanger. as prohibited under section 
13157-A. subsection II: 
D. Reckless operation of an ATY. as prohibited under section 
13157-A. subsection 10; or 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H. P. 1453, L.D. 2057 
E. 
Failure or refusal to stop an ATV or attempting to elude 
an officer. as prohibited under section 10651. subsection I. 
paragraphs C and D. 
The 
commissioner 
shall 
reinstate 
licenses. 
permits 
and 
registrations 
that 
have 
been 
suspended 
pursuant 
to 
this 
subsection after the period of suspension has lapsed and after 
that person has successfully completed an ATV safety and ethics 
course as provided in subsection 9.' 
Further amend the bill by inserting after section 7 the 
following: 
, Sec. 
8. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
COBSERVATICB, DEPAR".D(ERT OF 
Off-road Recreational Vehicles Program 
0224 
The 
following 
Initiative: 
Allocates 
funds 
to 
establish 
part-time 
Recreational Trail Coordinator positions and necessary operating 
expenses. 
0'.rBER SPECIAL REVENUE FONDS 
POSITIONS -
LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2005-06 
0.000 
$0 
$0 
$0 
2006-07 
4.000 
$104,556 
$8,400 
$112,956 ' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by 
letter 
relettering 
or 
section 
or renumbering any 
number 
to 
read 
SUMMARY 
This amendment does the following: 
1. 
It 
removes 
provisions 
from 
the bill 
regarding 
ATV 
registration fees; 
2. 
It removes provisions of the bill that amended the law 
regarding the training and age requirements for operating an ATV; 
3. 
It gives 
the 
Commissioner 
of 
Inland Fisheries 
and 
Wildlife the discretion to suspend all licenses, permits and 
registrations issued under the Maine Revised Statutes, Title 12, 
Part 13 for operating an ATV on a temporarily closed trail or on 
the 
land 
of 
another 
without 
permission. 
If 
licenses 
and 
COMMITTEE AMENDMENT 
, 
COMMITTEE AMENDMENT .. ~ 
.. to H.P. 1453, L.D. 2057 
registrations are suspended, it must be for a period of at least 
days; 
4. 
It requires the Commissioner of Inland Fisheries and 
Wildlife to suspend for at least one year all licenses, permits 
and registrations issued pursuant to Title 12, Part 13 for ATV 
violations involving the abuse of another's property, operating 
an ATV under the influence under 21 year-s of age, operating an 
ATV to endanger, the reckless operation of an ATV or failing to 
stop for an officer; and 
5. It creates 4 part-time positions in the Department of 
Conservation to help with ATV club and trail development and 
landowner communications. 
FISCAL :\OTE HEQnRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03123/06 ~ac:.. 
LD 2057 
LR3216(02) 
An Act To Implement the Recommendations of the ATV Trail Advisory Council 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Inland Fisheries and Wildlife 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
$0 
2006-07 
$112,956 
Projections 
2007-08 
$123,260 
Projections 
2008-09 
$128,774 
The bill includes an Other Special Revenue Funds allocation of$112,956 in fiscal year 2006-07 for the Off-Road 
Recreational Vehicles Program within the Department of Conservation to establish 4 Recreational Trail Coordinator 
positions and to provide necessary operational costs. 
The Department of Inland Fisheries and Wildlife can administer certain changes regarding ATV license suspensions 
within existing budgeted resources. 
LR3216(2) - Fiscal Note - Page 1 of 1