An Act To Clarify Standards by Which Game Wardens May Stop All-terrain Vehicles
Maine Legislature, Session 124, LD 0308
Committee Amendment CA_B_H355 (House)

COMMITTEE AMENDMENT "j3" to H.P. 244, L.D. 308, Bill, "An Act To 
Clarify Standards by Which Game Wardens May Stop All-terrain Vehicles" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify Standards by Which Law Enforcement Officers May Stop AII-
terrain Vehicles' 
Amend the bill by inserting after the title and before the enacting c1aus(;: the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this Act must take effect immediately to ensure the proper balance 
between the State's interest in the safe operation of all-terrain vehicles and a person's right 
to privacy; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
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,' 
Amend the bill in section I in paragraph G in the last line (page I, line lOin L.D.) by 
inserting after the following: "13152" the following: '. Other law enforcement officers 
are subject to the provisions of this paragraph. This paragraph is repealed February I, 
2010' 
Amend the bill by adding at the end before the summary the following: 
'Sec. 2. 12 MR~A §10353, sub-§2, ~G-l is enacted to read: 
G-1. 
Beginning February I, 20 10, stop and examine any all-terrain vehicle to 
ascertain whetller it is being operated in compliance with chapter 939 or any other 
provision of this Part regulating ATVs, demand and inspect the operator's certificate 
COMMITTEE AMENDMENT 
".~~. 
COMMITIEE AMENDMENT" £" to H.P. 244, L.D. 308 
of registration and, when appropriate, demand and inspect evidence that the operator 
has satisfactorily completed a training course as required by section 13152; 
Sec. 3. Report. The Commissioner of Inland Fisheries and Wildlife shall report on 
the effect of this Act on the Department of Inland Fisheries and Wildlife's ability to 
enforce all-terrain vehicle laws and to interact with all-terrain vehicle operators in the 
field to the Joint Standing Committee on Inland Fisheries and Wildlife by January 5, 
2010. 
That joint standing committee may submit legislation to the Second Regular 
Session of the 124th Legislature regarding that report. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the minority report of the committee, adds an emergency 
preamble and emergency clause and clarifies that the reasonable and articulable suspicion 
standard for all-terrain vehicle stops applies to all law enforcement officers and not just 
game wardens. 
It repeals that standard on February 1, 2010. 
It also directs the 
Commissioner of Inland Fisheries and Wildlife to report on how the new standard 
affected the depaJ1ment's ability to enforce all-terrain vehicle laws and to interact with 
all-terrain vehicle operators in the field to the Joint Standing Committee on Inland 
Fisheries and Wildlife by January 5, 2010 and gives that committee the authority to 
submit legislation to the Second Regular Session of the 124th Legislature regarding that 
report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/17/09 .::&/ac 
LD308 
LR 1128(03) 
An Act To Clarify Standards by Which Game Wardens May Stop All-terrain Vehicles 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department ofInland Fisheries and Wildlife can be absorbed within existing budgeted 
resources. 
LR1128(03)-FiscalNote-Page 1 ofl