An Act To Prohibit the Placement of Cameras and Electronic Surveillance Equipment on Private Property without the Written PI~rmission of the Landowner
Maine Legislature, Session 126, LD 1040
Committee Amendment CA_A_S260 (Senate)

COMMITTEE AMENDMrENT "A " to S.P. 354, L.D. 1040, Bill, "An Act To 
Prohibit the Placement of Cameras and Electronic Surveillance Equipment on Private 
Property without the Written PI~rmission of the Landowner" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 33 MRSA c. 43 is enacted to read: 
CHAPTER 43 
PLACEMENT Olf EQUIPMENT ON PRIVATE PROPERTY 
§2001. Placement of camel'as and electronic surveillance equipment on private 
property 
1. 
Prohibition. 
A person may not place a camera or electronic surveillance 
equipment that records images or data of any kind while unattended outside on the private 
property of another without the written consent of the landowner except: 
A. Pursuant to a warrant; or 
B. That, while operating within the open fields doctrine, a law enforcement officer 
may place a camera or electronic surveillance equipment if the law enforcement 
officer has a reasonable and articulable suspicion that the following has occurred, is 
occurring or is about to oc(:ur: 
(1) Criminal conduct; or 
(2) A violation of Title 17, chapter 79 or 80. 
A law enforcement officer placing a camera or electronic surveillance equipment 
under this paragraph shall document facts giving rise to the reasonable and articulable 
suspicion and the date, time and location of the placement of the camera or electronic 
surveillance equipment. 
COMMITTEE AMENDMENT 
o~t; 
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COMMITTEE AMENDMENT "/1" to S.P. 354, L.D. 1040 
2. Labeling. A person who places a camera or electronic surveillance equipment 
described in subsection 1 on the private property of another with the written consent of 
the landowner or in compliance with subsection 1, paragraph A or B shall label the 
camera or electronic surveillance equipment with that person's name and contact 
information. 
3. Remove or disable. A landowner may remove or disable a camera or electronic 
surveillance equipment placed on the landowner's private property in violation of this 
section. 
4. Exceptions. This section does not prohibit the following: 
A. The use of a camera to deter theft or vandalism of a motor vehicle when the motor 
vehicle is temporarily parked; or 
B. The use of implanted or attached electronic devices to identify, monitor and track 
animals. 
5. Penalty. A person who violates this section commits a civil violation for which a 
fine of not more than $500 may be adjudged.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
It allows the placement of a camera or electronic surveillance equipment on the private 
property of another person only if the landowner has given written consent, the placement 
is pursuant to a warrant or, while operating under the open fields doctrine as developed 
through Fourth Amendment case law, a law enforcement officer has a reasonable and 
articulable suspicion that a crime or a civil violation related to littering has occurred, is 
occurring or is about to occur. When a camera or electronic surveillance equipment is 
placed based on a reasonable and articulable suspicion, the law enforcement officer must 
document the facts giving rise to the reasonable and articulable suspicion as well as the 
time, date and location of the placement of the camera or electronic surveillance 
equipment. It requires that a person who places a camera or electronic surveillance 
equipment must label the camera or electronic surveillance equipment with the person's 
name and contact information. 
The landowner may remove or disable a camera or electronic surveillance equipment 
that was placed without written consent, without a warrant or without a documented 
reasonable and articulable suspicion or that is not labeled. 
This amendment creates exceptions for the use of cameras to deter theft or vandalism 
of motor vehicles when the motor vehicles are temporarily parked and electronic devices 
that are implanted or attached to animals to identify, monitor and track them. 
The bill establishes a civil violation for which a fine of $100 a day for each day of the 
violation may be adjudged. This amendment keeps the civil violation, but limits the total 
fine to not more than $500 for a violation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/29113 
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LD 1040 
LR 712(03) 
An Act To Prohibit the Placement of Cameras and Electronic Surveillance Equipment on Private 
Property without the Written Permission of the Landowner 
Fiscal Note for Bill as Amended by Committee Amendment 'IT 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0712(03) - Fiscal Note - Page 1 of 1 
(S-2£d) )