Resolve, To Create a Mitigation Fund for Damage Caused by Unauthorized All-terrain Vehicle Use on Private Land
Maine Legislature, Session 125, LD 1058
Committee Amendment CA_A_H523 (House)
Amends: 12 MRSA §10263

COMMITTEE AMENDMENT "A" to H.P. 793, L.D. 1058, "Resolve, To Create a 
Mitigation Fund for Damage Caused by Unauthorized All-terrain Vehicle Use on Private 
Land" 
Amend the resolve by striking out the title and substituting the following: 
'An Act To Create a Mitigation Fund for Damage Caused by Unauthorized All~ 
terrain Vehicle Use on Private Land' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §10263 is enacted to read: 
§10263. All-terrain Vehicle Mitigation Fund 
The All-terrain Vehicle Mitigation Fund, referred to in this section as "the fund," is 
established within the department as a nonlapsing fund to be used by the commissioner to 
fund or assist in funding the mitigation of damage caused by all-terrain vehicles operated 
on private property. 
Revenue from the mitigation surcharge imposed under section 
10609 must be deposited in the fund. The commissioner may accept and deposit into the 
fund monetary gifts, donations or other contributions from public or private sources for 
the purposes specified in this section. The fund must be held separate and apart from all 
other money, funds and accounts. 
The commissioner shall establish, by rule, the procedure for making a claim for 
payment from the fund. Rules adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec.2. 12 MRS A §10609 is enacted to read: 
COMMITTEE AMENDMENT 
~. .,ce· 
COMMITTEE AMENDMENT A" to H.P. 793, LD. 1058 
§10609. All-terrain vehicle mitigation surcharge 
A person who is convicted of a violation under chapter 939 must be assessed a 
surcharge of 10% of the fine assessed pursuant to that violation in addition to the fine. 
Sec. 3~ Appropriations and allocations. The following appropriations and 
allocations are made. 
INLAND FISHERIES AND WILDLIFE, DEPARTMENT OF 
ATV Safety and Educational Program 0559 
Initiative: Establishes the All-terrain Vehicle Mitigation Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2011-12 
$2,000 
$2,000 
2012-13 
$3,000 
$3,000 
This amendment is the minority report. It replaces the resolve and provides that a 
person convicted of a violation of an ATV -related prohibition must be assessed a 
surcharge that is 10% of the fine assessed as a result of that violation in addition to the 
fine. It also creates the All-terrain Vehicle Mitigation Fund to help private landowners 
mitigate damage caused to their property by A TV use. Revenue generated by the 10% 
surcharge for violations of an ATV -related law must be deposited into the fund. The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/3 IIII frac.. 
LD 1058 
LR 1498(02) 
Resolve, To Create a Mitigation Fund for Damage Caused by Unauthorized All-terrain Vehicle Use on 
Private Land 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Inland Fisheries and Wildlife 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenne 
General Fund 
Transfers 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
$0 
$2,000 
$2,000 
($2,000) 
$2,000 
FY 2012-13 
$0 
$3,000 
$3,000 
($3,000) 
$3,000 
Projections 
FY 2013-14 
$0 
$3,000 
$3,000 
($3,000) 
$3,000 
Projections 
FY 2014-15 
$0 
$3,000 
$3,000 
($3,000) 
$3,000 
This legislation establishes the All-terrain Vehicle Mitigation Fund within the Department of Inland Fisheries and 
Wildlife to fund the mitigation of damage caused by all-terrain vehicles operated on private property. The legislation 
also imposes a 10% surcharge on fines associated with all-terrain vehicles and specifies the surcharge is deposited in 
the Fund. The bill includes a $2,000 Other Special Revenue Funds allocation in fiscal year 2011-12 and $3,000 in 
fiscal year 2012-13, which represents the estimated amount of new revenue. 
LR1498(02) - Fiscal Note - Page I of 1