An Act To Penalize Violators of Wood Shipment and Quarantine Laws
Maine Legislature, Session 129, LD 1726
Committee Amendment CA_A_S412 (Senate)
Amends: 7 MRSA §2303

COMMITTEE AMENDMENT " /1 " to S.P. 575, L.D. 1726, Bill, "An Act To 
Penalize Violators of Wood Shipment and Quarantine Laws" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 7 MRSA §2303, as repealed and replaced by PL 1977, c. 696, §94, is 
repealed and the following enacted in its place: 
§2303. Penalties 
1. Civil violation. A person who violates a rule adopted pursuant to section 2301 
commits a civil violation. 
2. Penalty. Except as provided in subsection 3, the following penalties apply to 
violations of this section. 
A. A person who violates this section commits a civil violation for which a fine of 
not less than $100 and not more than $1,000 may be adjudged for each day of that 
violation. 
B. A person who violates this section after having been adjudicated of a violation of 
this section within the previous 5-year period commits a civil violation for which a 
fine of not less than $1,000 and not more than $2,000 may be adjudged for each day 
of that violation. 
3. Economic benefit. If the economic benefit resulting from a violation under 
subsection 1 exceeds the applicable penalties under subsection 2, the maximum fines may 
be increased. The maximum fine may not exceed an amount equal to twice the economic 
benefit resulting from the violation. 
The court shall consider as economic benefit, 
without limitation, the costs avoided or the enhanced value accrued at the time of the 
violation by the violator as a result of not complying with the applicable legal 
requirements. 
4. Costs permitted. In any action or proceeding brought by the Attorney General 
under this section, the court may award litigation costs, including court costs, reasonable 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"(\ "to S.P. 575, L.D. 1726 / , 
· 
" 
"• 
attorney's fees and reasonable expert witness fees, to be deposited in the General Fund if 
the State or any of its officers or agencies is a prevailing party in the action or proceeding 
and the defendant's defense was not substantially justified. For the purposes of this 
subsection, a defense is substantially justified if the defense had a reasonable basis in law 
or fact a_t the time it was raised.' 
Amend the bill in section 1 in §8307 by striking out all of subsection 1 (page 1, lines 
to 7 in L.D.) and inserting the following: 
11. Civil violation. A person who violates a rule adopted pursuant to section 8306 or 
a condition or term of an order, permit or notice issued by the director or the 
Commissioner of Agriculture, Conservation and Forestry in accoidance with section 8305 
commits a civil vi_plation. 
Amend the bill in section 1 in §8307 in subsection 3 in the 4th line (page 1, line 20 in 
L.D.) by striking out the following: 
11bureau
and inserting the following: 'court' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment clarifies that the penalty in the bill applies to a person who violates: 
1. A rule governing the quarantine of forest or shade trees or part of a forest or shade 
tree capable of supporting disease or insect infestation; or 
2. A condition or term of an order, permit or notice issued by the Director of the 
Bureau of Forestry within the Department of Agriculture, Conservation and Forestry or 
the Commissioner of Agriculture, Conservation and Forestry governing plant or wood 
products that may cause the introduction or spread of a dangerous forest insect or disease. 
The amendment also clarifies that the court, rather than the Department of 
Agriculture, Conservation and Forestry as in the bill, must consider the costs avoided or 
the enhanced value accrued at the time of the violation by the violator as a result of not 
complying with the applicable legal requirements. 
The amendment reduces the penalty in current law for a violation of a Department of 
Agriculture, Conservation and Forestry rule governing the quarantine of any class of 
nursery stock, plant, fruit, seed or other article of any character capable of supporting a 
disease or insect infestation from a Class E crime to a civil violation and sets fines at 
$100 to $1,000 for each day of a violation and from $1,000 to $2,000 for each day of a 
violation by a violator that violated the rules within the previous 5-year period. It allows 
maximum fines to be increased to account for economic benefit and provides for the 
award of litigation costs in any action or proceeding brought by the Attorney General. 
These penalty provisions are the same as those in the bill for violations with respect to 
trees and plant or wood products. 
FISCAL :'\On: REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/27/20 frac 
LD 1726 
LR 2339(03) 
An Act To Penalize Violators of Wood Shipment and Quarantine Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'Jt" ( S, 1f /z_,_} 
Committee: Agriculture, Conservation and Forestry 
, 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine and/or fee revenue will increase General Fund and dedicated revenue by minor 
Fiscal Detail and Notes 
Any additional costs to the Department of Agriculture, Conservation and Forestry as a result of the implementation of 
penalties for violations of wood shipment and wood quarantine laws related to firewood are anticipated to be minor 
and can be absorbed within existing budgeted resources. 
LR2339(03) - Fiscal Note - Page 1 of 1