An Act To Discourage Illegal Dumping in the State
Maine Legislature, Session 125, LD 0112
Committee Amendment CA_A_H97 (House)

COMMITTEE AMENDMENT" 
"to H.P. 94, 
112, Bill, "An Act To 
Discourage Illegal Dumping in the State" 
Amend the bill 
striking out everything after the enacting 
and before 
summary and inserting 
following: 
L 12 
§l0157, 
as 
by PL 2003, e. 655, 
B, 
and affected 
§422, is amended to read: 
and make recommendations 
The commissioner shall 
2. 12 
§10157, sub~§7, 
as enacted by PL 2003, c. 
B, §36 
and affected by §422, is amended to read: 
E. 
CondllCt an organizational 
board every 5 years. 
review must be designed to provide 
information neeessmy to aseeltain whether 
the advisory board has the membership 
by subsection 1 
the advisory 
board is fulfilling its duties. If the review indicates that the advisory board does not 
have the conect representational membership, a subcommittee of 
members of the 
advisory board must be convened to recOl:Dl11end to the commissioner appropriate 
VH'.'HF,V0, At any time, the advisory board may recommend to 
commISSIOner ways 
to improve 
board's membership or function, and the commissioner shall 
act upon those recommendations7; and 
Sec. 3. 
Sec. 
atIected 
MRSA §l0157, sub~§7, 
is enacted to read: 
§2264-A, as amended by PL 2003, c. 
Pt. I, §§34 to 37 and 
Pt. X, §2, is further amended to read: 
EA E 
~, .'" 
COMMITTEE AMENDMENT "A "to H.P. 94, L.D. 112 
§2264-A. Penalties 
Unless otherwise indicated, a person who disposes of litter in violation of this chapter 
commits a civil violation for which the following forfeitures fines apply. 
1. Disposal of 15 pounds or less or 27 cubic feet or less of litter. A person who 
disposes of 15 pounds or less or 27 cubic feet or less of litter commits a civil violation for 
which a fine of not less than $100 and not more than $500 may be adjudged. 
I-A. Disposal of 15 pounds or less or 27 cubic feet or less of litter; subsequent 
offenses. A person who violates subsection 1 after having previously violated subsection 
commits a civil violation for which a fine of not less than ~ 
$500 and not more than 
$-WG $1,000 may be adjudged. 
2. Disposal of more than 15 pounds or more than 27 cubic feet of litter. A 
person who disposes of more than 15 pounds or more than 27 cubic feet of litter commits 
a civil violation for which a fine of not less than $200 and not more than $500 may be 
adjudged. the court: 
A. Shall impose a fine of not less than $500; 
B. Shall suspend the person's motor vehicle operator's license for a period of not less 
than 30 days or more than one year. Notwithstanding paragraph F, the court shall 
suspend all licenses and pennits issued under Title 12, Part 13, subpart 4 and 
recreational vehicle registrations and certificates issued to that person under Title 12, 
Part 13, subpart 6 for a period o[not less than 30 days or more than one year; 
C. 
Shall require the person to pay a party sustaining damages arising out of a 
violation of this subsection treble the actual damages or $200, whichever amount is 
greater, plus the injured party's court costs· and attorney's fees if action results in a 
civil proceeding; 
D. Shall require the person to perfonn not less than 100 hours of public service 
relating to the removal of litter or to the restoration of an area polluted by litter 
disposed of in violation of this section. 
The court shall consult with the 
Commissioner of Inland Fisheries and Wildlife to determine if there is an opportunity 
for public service that may improve landowner and sportsman relations; 
E. When practical, shall require the person to remove the litter dumped in violation 
of this subsection; and 
F. May suspend any license, pennit, registration or certification issued by a state 
agency or municipality to the person. A professional license, pennit, registration or 
certifIcation required for that person to operate or establish a business or necessary 
for the person's primary source of employment may not be suspended unless the 
items dumped were related to the person's profession or occupation. 
2-A. Disposal of more than 15 pounds or more than 27 cubic feet of litter; 
subsequent offenses. 
A person who violates subsection 2 after having previously 
violated subsection 2 commits a civil violation for which the· penalty provisions under 
subsection 2 apply except for subsection 2, paragraph A, and a fine of not less than $-WG 
ant1:-Ret more than $1,000 may $2,000 must be adjudged. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
" to IH. 94, L.D. 112 
3. Disposal 
more than 500 
or more than 100 
feet of 
a 
A person who disposes of more than 500 pounds or more than 100 
cubic feet of litter for a commercial purpose is subject to the penalties under Title 38, 
section 349. 
Sec. 5. 
§2264-B, first 
as amended by PL 2003, c. 452, Pt. I, §38 
affected by Pt. X, §2, is further amended to read: 
In addition to the fines imposed in section 
may order a person adjudicated to have violated 
sul?section I-A to: 
Sec. 
MRSA 
sub-§5, as amended by PL 2009, c. 424, § 1, is 
further amended to read: 
for a period not exceeding 30 days. The court may suspend an operator's license for any 
violation of section 
that involves the use of a 
motor vehicle.' 
This amendment replaces the bill and 
the following. 
1. It increases theRne for subsequent 
of illegally disposing of 15 pounds 
or less or 
cubic feet or less of 
from a minimum 
$200 to 
and 
from $500 to $1,000. 
2. It amelids the 
structure 
offenses of illegally disposing of 15 
pounds or more or 27 cubic feet or more of litter 
the minimum 
to 
3. It provides 
the court shall require a person 
illegally dumps more than 15 
pounds or more 
cubic feet of litter to pay a 
sustaining damages treble the 
or $200, whichever amount is !,lTeater, plus the injuredpmty's court costs 
4. It 
that the court shall require a person 
illegally dumps more than 15 
pounds or more 
cubic 
of litter to perform not less than 100 hours of public 
service relating to the removal of litter. 
5. It provides that the court, when 
require a person who .'U"'hUAA] 
dumps more 
pounds or more 
cubic feet of 
to remove the litter. 
6. It provides that in the case of a person who illegally dumps more than 15 pounds 
or more than 27 cubic fcet of litter, 
court shall suspend that person's motor vehicle 
operator's license and certain licenses, permits and registrations issued by the Department 
of Inland 
and Wildlife. 
The cOUli may also suspend any license, permit, 
registration or certification issued by a state agency or municipality to the person. It 
exempts a professional license, 
registration or certification required for that 
person to operate or establish a business or necessary for the person's primary source of 
EA E D 
COMMITTEE AMENDMENT" A 
"to H.P. 94, L.D. 112 
employment unless the items dumped were related to the person's profession or 
occupation. 
7. It provides that the Department of Inland Fisheries and Wildlife's Landowners and 
Sportsmen Relations Advisory Board shall establish a program to work with courts to 
identify public service opportunities for violators oflitter control laws that could improve 
landowner and sportsman relations. 
FISCAL NOTE REQUJRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 04/05111 
frac:.. 
LD 112 
LR 119(02) 
An Act To Discourage Illegal Dumping in the State 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue increase - General Fund 
Minor cost increase - Highway Fund 
Correctional and Judicial Impact Statements 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State associated with updating the driver license database can be 
absorbed with additional staff and within existing budgeted resources. 
LRO 119(02) - Fiscal Note - Page 1 of 1