An Act To Clarify the Laws Governing the Rule-making Authority of the Maine Forest Service
Maine Legislature, Session 126, LD 0714
Committee Amendment CA_A_H171 (House)
Committee: Agriculture, Conservation and Forestry
Amends: 12 MRSA §8306

COMMITTEE AMENDMENT "A" to H.P. 486, L.D. 714, Bill, "An Act To 
Clarify the Laws Governing the Rule-making Authority of the Maine Forest Service" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 
MRSA §8306, sub-§I, as enacted by PL 2001, c. 547, § 1 and 
amended by PL 2011, c. 657, Pt. W, §6, is further amended to read: 
1. Quarantines. +he Notwithstanding any other provision of law, the director may 
establish by rule a quarantine to restrict or prohibit the transportation within, into or from 
the State or any portion of the State of any forest or shade tree or part of any forest or 
shade tree, including, but not limited to, logs, bark, branches, seeds or scion material, or 
alternate host materials capable of supporting a disease or insect infestation when the 
following conditions are met: 
A. The director finds that there exists within the State or in any other state, country 
or province a plant disease caused by a plant pathogen not native to the State or an 
infestation of insects not native to the State that, in the opinion of the director, is 
likely to kill or seriously injure forest or shade trees in large numbers; and 
B. A quarantine to protect against the plant disease or insect infestation has not been 
established by the Commissioner of Agriculture, Conservation and Forestry or the 
Secretary of Agriculture of the United States or is not in effect.' 
Amend the bill in section 1 in paragraph B in subparagraph (1) in the first line (page 
1, line 6 in L.D.) by striking out the following: "is host to" and inserting the following: 
'harbors' 
Amend the bill in section I in paragraph B in subparagraph (2) in the first line (page 
1, line 8 in L.D.) by striking out the following: "is host to" and inserting the following: 
'harbors' 
Amend the bill by adding after section 1 the following: 
COMMITTEE AMENDMENT 
~ 
0(:, ItO 
COMMITTEE AMENDMENT "An to H.P. 486, L.D. 714 
'Sec. 2. Report. By December 15, 2013, the Director of the Maine Forest Service 
within the Department of Agriculture, Conservation and Forestry shall report on the rules 
adopted pursuant to this Act to the Joint Standing Committee on Agriculture, 
Conservation and Forestry.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. Under current law, the Maine Forest Service has 
the authority to destroy or order the destruction of trees infested with a plant pathogen or 
insect that is the subject of a quarantine. The amendment clarifies the provisions of the 
bill that provide that the Maine Forest Service may adopt rules to destroy or order the 
destruction or other mitigation of nearby trees that are likely to become infested in order 
to control the spread of the outbreak. The amendment provides that the Maine Forest 
Service may exercise its authority under current law to establish a quarantine on the 
transportation of trees or parts of trees notwithstanding any other provision of law. The 
amendment also requires the Director of the Maine Forest Service to submit a report on 
the rules adopted to the Joint Standing Committee on Agriculture, Conservation and 
Forestry by December 15,2013. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05110/13 
~ac;. 
LD714 
LR 1357(02) 
An Act To Clarify the Laws Governing the Rule-making Authority of the Maine Forest Service 
Fiscal Note for Bill as Amended by Committee Amendment .A-( H -I '7)) 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Conservation and Forestry associated with rulemaking can be 
absorbed within existing budgeted resources. 
LR1357(02) - Fiscal Note - Page 1 of 1