An Act To Limit the Use of Ropes and Buoys in Swim Areas in Great Ponds
Maine Legislature, Session 127, LD 1225
Committee Amendment CA_B_H308 (House)
Amends: 12 MRSA §1896, 12 MRSA §1900

COMMITTEE AMENDMENT "B ., to H.P. 843, L.D. 1225; Bill, "An Act To Limit 
the Use of Ropes and Buoys in Swim Areas in Great Ponds" 
Amend the bill by striking out the title and substituting the following: 
'An Act Concerning Swim Area Permits' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §1896, as amended by PL 2001, c. 693, §3 and affected by §11 
and amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §24, is further 
amended to read: 
§1896. Boating Facilities Fund 
There is created within the bureau the Boating Facilities Fund, referred to in this 
subchapter as the "fund." The fund, as funded under Title 36, section 2903-D, subsection 
1, must be available to the director in carrying out the duties of the bureau under this 
subchapter. This fund is a continuous carrying account. The fund also receives fees 
collected under subchapter 10 and is available to the director in carrying out the duties 
specified under subchapter 10. 
Sec. 2. 12 MRSA §1900, sub-§§3 to 5, as enacted by PL 2009, c. 312, § 1, are 
amended to read: 
3. Swim area prohibition. A person may not establish or maintain a swim line or a 
developed swim area without a permit issued under subsection 4. 
A. A persoR who violates this subsection commits a civ·il violation for '::hich a fine 
of not less than $IQO or more than $500 may be adjudged. Each day a )3erson 
violates this subsection is a separate violation. 
B. . A persoR .. vho violates this s1:lbsection after having been adjudicated as having 
committed 3 or more civil violations ooder this s1:lbehapter vlithiR the pr6'"yrious 5 year 
period commits a Class E crime. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT '8 'to H.P. 843, L.D. 1225 
4. Issuance of permit; revocation. The director may issue a permit to establish and 
maintain a swim line or a developed swim area within the water safety zone only to a 
qualified entity to establish afld maiBta-iB a de-veloped s".vim area within the water safe-ty 
Mtle- and only if the swim line or developed swim area is designed solely to provide 
recreational swimming opportunities for the public. 
A. If the director determines, after notice and an opportunity for hearing, that a swim 
line or developed swim area is being used for pm.:poses other than to provide 
recreational swimming opportunities for the public, the director may revoke the 
permit. 
B. If the Commissioner of Inland Fisheries and Wildlife believes that a swim line or 
a developed swim area is being used for purposes other than to provide recreational 
swimming opportunities for the public and is interfering with boating or fishing, the 
commissioner shall notify the director and may request that the permit for the swim 
line or developed swim area be revoked pursuant to paragraph A. 
The length of the area delineated by a swim line or of a developed swim area may not 
exceed 200 feet. The length of the developed swim area or of an area delineated by a 
swim line must be measured parallel to the shore. 
5. Fee; expiration. Permits issued under subsection 4 expire 5 years after the date 
of issuance. The director shall establish by rule a fee for the permits, exeept that a 
developed S'.vim area established~ afld operated by the State or a gO"t'ernmental entity or a 
reereatioaal eamp may flOt be eharged a fee aDd its permit does B:Ot expire as long as flO 
alteratioDs to the de-veloped swim area are made after the permit is iss:aed. All revenues 
from fees must be deposited in the Boating Facilities Fund created under section 1896.' 
SUMMARY 
This amendment, which is the minority report, replaces the bill. This amendment 
modifies the swim area law as follows. It: 
1. Provides that a swim line or developed swim area may not exceed 200 feet. The 
length of the developed swim area or of an area delineated by a swim line must be 
measured parallel to the shore; 
2. Removes the special penalties for establishing a swim area without a permit. It 
leaves in place the general civil penalty applicable under the Maine Revised Statutes, 
Title 12, section 1806; 
3. Removes the permit fee exemptions for governmental entities and recreational 
camps and requires that all permits expire after 5 years; 
4. Provides that permit fee revenues go into the Boating Facilities Fund and may be 
used in administering the swim area law; and 
5. Provides that a permit for a swim line or a developed swim area may be issued 
only if the swim line or developed swim area is designed solely to provide recreational 
swimming opportunities for the public. If the director determines, after notice and 
opportunity for hearing, that a swim line or a developed swim area is being used for 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "!3 to H.P. 843, L.D. 1225 
purposes other than to provide recreational swimming opportunities for the public, the 
director may revoke the permit. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/17/15 
;Wac... 
LD 1225 
LR 1902(03) 
An Act To Limit the Use of Ropes and Buoys in Swim Areas in Great Ponds 
Fiscal Note for Bill as Amended by Committee Amendment''B"{H~ 3D!) 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Net increase in the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LRI902(03) - Fiscal Note - Page 1 of I