An Act To Direct Fines Collected on Tribal Lands to the Passamaquoddy Tribe and the Penobscot Nation
Maine Legislature, Session 124, LD 0796
Committee Amendment CA_A_H527 (House)
Amends: 4 MRSA §1059

COMMITTEE AMENDMENT ,f+ "to H.P. 545, L.D. 796, Bill, "An Act To Direct 
Fines Collected on Tribal Lands to the Passamaquoddy Tribe and the Penobscot Nation" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Direct Fines Derived from Tribal Law Enforcement Activities to the 
Passamaquoddy Tribe and the Penobscot Nation' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 4 MRSA §1059 is enacted to read: 
§1059. Fines; tribal law enforcement activities 
1. Civil and criminal fines. Except as provided in subsection 2, a fine for a civil 
violation, traffic infraction or Class D or Class E crime imposed for a violation of any 
tribal or state law must be remitted to the Passamaquoddy Tribe or the Penobscot Nation, 
as appropriate, when a tribal law enforcement agency issued the ticket, complaint, 
summons or warrant or made the arrest related to the violation. 
' 
2. Exception; environmental violations. A fine imposed by a state court for a 
violation of Title 38 within the Indian territory of the Passamaquoddy Tribe or the 
Penobscot Nation may not be remitted to the Passamaquoddy Tribe or the Penobscot 
Nation: In addition to those costs awarded to the State pursuant to Title 14, section 1522, 
subsection 1, the court may award to the Passamaquoddy Tribe or the Penobscot Nation 
costs associated with investigating and otherwise contributing to any enforcement action 
for a violation of Title 38.' 
SUMMARY 
This amendment replaces the bill and changes the title. 
It provides that all fines for Class D and Class E crimes and for civil violations in 
which a tribal law enforcement agency is involved by issuing a ticket, complaint, 
COMMITTEE AMENDMENT 
~ ... ,. 
. 
COMMITTEE AMENDMENT" A" to H.P. 545, L.D. 796 
summons or warrant or by making an arrest must be remitted to the appropriate tribe, 
with one exception. 
The civil and criminal fines may not be remitted to the 
Passamaquoddy Tribe or the Penobscot Nation if the violation is a violation of the Maine 
Revised Statutes, Title 38. The court may award the Passamaquoddy Tribe and the 
Penobscot Nation costs associated with their participation in the investigation and 
prosecution of a Title 38 violation. 
COMMI 
FISCAL NOTE REQUIRED 
(See attached!) 
EE AMENDMENT 
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Revised: 06/02/09 
124tb MAINE LEGISLATURE 
LD796 
LR375(02) 
An Act To Direct Fines CoUected on Tribal Lands to the Passamaquoddy Tribe and the Penobscot 
Nation 
Net Cost (Savings) 
General Fund 
Fiscal Note for BiU as Amended by Committee Amendment "If, 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$13,875 
2010-11 
$18,500 
Projections 
2011-12 
$18,500 
Projections 
2012-13 
$18,500 
( 
) Revenue 
General Fund 
($13,875) 
($18,500) 
($18,500) 
($18,500) 
Fiscal Detail and Notes 
The Judicial Branch will experience a loss of General Fund fine revenue estimated to be $13,875 in fiscal year 2009-
and $18,500 in fiscal year 2010-11 as a result of remitting certain fine revenue to the Passamaquoddy Tribe or the 
Penobscot Nation. This estimate assumes an October 1,2009 effective date. 
LR0375(02) - Fiscal Note - Page 1 of I