An Act To
Maine Legislature, Session 125, LD 0254
Committee Amendment CA_A_H160 (House)
Amends: 12 MRSA §10353

COMMITTEE AMENDMENT "A" to H.P. 207, L.D. 254, Bill, "An Act To 
Amend the Standards by Which Game Wardens May Stop All-terrain Vehicles Operating 
on Private Property" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Standards by Which Law Enforcement Officers May Stop an 
All-terrain Vehicle Operating on Private Property' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §10353, sub-§2, as amended by PL 2009, c. 389, §1, is further 
amended to read: 
2. Powers. In addition to other powers granted in this Part, a game warden or other 
official described in section 10401 may: 
A. Arrest, summons and prosecute a violator of the following: 
(1) This Part; 
(2) Rules adopted by the commissioner; and 
(3) The federal Migratory Bird Treaty Act, 16 United States Code, Chapter 7, 
subchapter II, section 703 and all rules and regulations promulgated in pursuance 
of that Act. 
A game warden or other official described in section 10401 shall, without 
unnecessary delay, take any person so arrested before the District Court nearest the 
place of violation; 
B. 
Serve criminal processes on offenders of the law and serve all processes 
pertaining to the enforcement of this Part; 
C. Accept personal recognizances in accordance with the following procedures: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to H.P. 207, L.D. 254 
(1) A game warden or other official described in section 10401 making an arrest 
for any violation of this Part and Title 38, chapter 3, subchapter 1, article 5-A, at 
a point more than 50 miles distant from the nearest District Court having 
jurisdiction, may accept the personal recognizance of the prisoner in an amount 
not to exceed $1,000 for the prisoner's appearance before the nearest District 
Court on a specified date and a deposit in money to the amount of that 
recognizance; and 
(2) The warden or other official described in section 10401 shall report all those 
recognizances and forward all those deposits to the court to which the 
recognizance is returnable. 
Recognizances and deposits must be handled by the court in accordance with 
sections 10202 and 10203; 
D. If the warden or other official described in section 10401 is in uniform and has 
reasonable and articulable suspicion to believe that a violation of law has taken place 
or is taking place, stop a motor vehicle or watercraft for the purpose of: 
(1) Arresting the operator for a criminal violation; 
(2) Issuing the appropriate written process for a criminal or civil violation or a 
traffic infraction; or 
(3) Questioning the operator or occupants; 
E. In order to protect fish and wildlife: 
(1) If the warden or other official described in section 10401 is in uniform, stop a 
person for the purpose of determining compliance with license, permit, 
equipment or other requirements or restrictions if the person, at the time of the 
stop, is: 
(a) Engaged in hunting, fishing or trapping; and 
(b) Not in or on a motor vehicle; and 
(2) Pursuant to policy established by the commissioner, establish checkpoints to 
stop any type of vehicle and conduct checks to gather statistics concerning 
hunting, fishing and trapping and to determine compliance with fish and wildlife 
laws; 
F. 
Stop any watercraft to inspect the craft, its equipment and its documents or 
certificates; board a watercraft when necessary to enforce chapter 935 or any other 
provision of this Part regarding watercraft; and order any watercraft ashore to correct 
a violation or to protect the safety of its occupants, if in the opinion of the warden or 
other official described in section 10401 their safety is in jeopardy; 
G. If the warden has reasonable and articulable suspicion to believe that a violation 
of law has taken place or is taking place, stop Stop and examine any all-terrain 
vehicle to ascertain whether it is being operated in compliance with chapter 939 or 
any other provision of this Part regulating ATV s, demand and inspect the operator's 
certificate of registration and, when appropriate, demand and inspect evidence that 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to H.P. 207, L.D. 254 
the operator has satisfactorily completed a training course as required by section 
13152. Other Iffiv esforcemest officers are subject to the provisioss of this paragraph; 
H. Stop and examine any snowmobile to ascertain whether it is being operated in 
compliance with chapter 937 or any other provision of this Part regulating 
snowmobiles; demand and inspect the operator's certificate of registration; and 
examine the identification numbers of the snowmobile and any marks on it; and 
1. 
Do anything otherwise prohibited by this Part if necessary to carry out the 
v/ardes's duties and powers of the warden or other official described in section 
10401. This paragraph does not authorize a warden or other official described in 
section 10401 enforcing this Part to stop any person, motor vehicle or watercraft 
except as specifically provided in this section.' 
SUMMARY 
This amendment retains the provisions of the bill and clarifies existing law that 
authorizes all law enforcement officers, not just game wardens, to enforce the provisions 
of the Maine Revised Statutes, Title 12, Part 13. It does not expand or otherwise restrict 
the current authority of game wardens or other law enforcement officers. 
FISCAL XOTE REQVIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/20/11 frac 
LD254 
LR 102(02) 
An Act To Amend the Standards by Which Game Wardens May Stop All-terrain Vehicles Operating 
on Private Property 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "ii" 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department ofInland Fisheries and Wildlife can be accomplished with existing staff and 
within existing budgeted resources. 
LR0102(02) - Fiscal Note - Page 1 of 1