An Act To Require the Maintenance of a Discontinued Public Road That Provides the Sole Access to One or More Residences
Maine Legislature, Session 130, LD 1513
Committee Amendment CA_A_H898 (House)
Amends: 5 MRSA §12004, 23 MRSA §3036

CO:Mlv1ITTEE AMENDMENT "A" to H.P. 1121, L.D. 1513, "An Act To Require 
the Maintenance of a Discontinued Public Road That Provides the Sole Access to One or 
More Residences" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish the Maine Abandoned and Discontinued Roads Commission' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §12004-1, sub-§83-A is enacted to read: 
83-A. 
Transportation: Maine Abandoned and Discontinued 
Expenses Only 
Roads 
Roads Commission 
Sec. 2. 23 MRSA §3036 is enacted to read: 
§3036. Maine Abandoned and Discontinued Roads Commission 
23MRSA 
§3036 
The Maine Abandoned and Discontinued Roads Commission, referred to in this section 
as "the commission," is established by Title 5, section 12004-I, subsection 83-A and 
operates in accordance with this section. 
1. Members. The commission consists of the following 12 members: 
A. One member who is an employee of the Department of Inland Fisheries and 
Wildlife, designated by the Commissioner oflnland Fisheries and Wildlife; 
B. One member who is an employee of the Department of Agriculture, Conservation 
and Forestry, designated by the Commissioner of Agriculture, Conservation and 
0 
Forestry; 
C. One member who is an employee of the Department of Transportation, designated 
by the Commissioner of Transportation; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :A" to H.P. 1121, L.D. 1513 
D. One member who is an employee of the Office of the Attorney General, designated 
by the Attorney General; 
E. Four members appointed by the President of the Senate, who, in making the 
appointments, shall take into consideration any recommendation made by the 
association or organization from whose membership the appointment is made, as 
follows: 
(1) One member of a statewide association representing municipalities; 
(2) One member of a statewide association representing woodland property 
owners: 
(3) One member of a statewide association of attorneys who has expertise in real 
estate law; and 
(4) One member of a land trust organization: and 
F. Four members appointed by the Speaker of the House, who, in making the 
appointments, shall take into consideration any recommendation made by the 
association or organization from whose membership the appointment is made, as 
follows: 
(1) One member of a statewide association representing county governments; 
(2) One member of a statewide organization representing all-terrain vehicle users 
or snowmobile users; 
(3) One member of a statewide association representing residents of the State 
living on or owning property that abuts an abandoned or discontinued road or that 
is accessible only by traveling over an abandoned or discontinued road: or, if no 
such association exists, a resident of the State living on property that abuts an 
abandoned or discontinued road or that is accessible only by traveling over an 
abandoned or discontinued road: and 
(4) One member of the general public who is a resident of the State not directly 
affected by matters related to abandoned or discontinued roads. 
2. Duties. The commission shall: 
A. Consider the following: 
(1) Property owner liability, including personal injury, property damage and 
environmental damage liability resulting from public use of an abandoned or 
discontinued road; 
(2) Public easement retention over an abandoned or discontinued road, including 
the scope of permitted and actual public use; 
(3) Statutory terminology related to abandoned or discontinued roads; and 
( 4) The statutory process for the abandonment or discontinuation of a road, 
including barriers to determining the legal status of a road; 
B. For matters relating to abandoned and discontinued roads other than those described 
by paragraph A, prioritize matters for consideration by the commission by determining 
which matters related to abandoned and discontinued roads have a significant negative 
impact, qualitatively or quantitively, on: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1121, L.D. 1513 
(1) Owners of property that abuts an abandoned or discontinued road; 
(2) Owners of property accessible only by traveling over an abandoned or 
discontinued road; 
(3) Recreational users of an abandoned or discontinued road; 
(4) Members of the public; 
(5) Municipal, county or state governments; and 
(6) The physical integrity of an abandoned or discontinued road and surrounding 
land; 
C. Develop recommendations on ways to address matters considered by the 
commission, including recommendations for statutory changes; and 
D. Review legislation affecting abandoned or discontinued roads and provide 
information to joint standing committees of the Legislature upon request. 
3. Chair. The members of the commission shall elect from among the membership a 
chair, who serves a 3-year term. The chair continues to hold the office until a successor is 
elected and may serve multiple terms. The chair calls and presides over meetings of the 
commission. In the absence of the chair, the member designated by the Commissioner of 
Inland Fisheries and Wildlife or the member designated by the Commissioner of 
Agriculture, Conservation and Forestry may preside over meetings. 
4. Term of office. Members of the commission serve 3-year terms. A member may 
serve after the expiration of that member's term until a successor has been appointed. A 
member may serve multiple terms. 
5. Meetings. The commission shall meet at least 3 times, but may meet no more than 
times, each year. 
6. Subcommittees. The commission may establish subcommittees to meet to conduct 
the work of the commission. Subcommittees may invite persons who are not members of 
the commission to participate in a nonvoting capacity, 
7. Public comment. The commission shall accept public comment during its meetings. 
8. Staff support. The Office of the Attorney General shall provide staff support to the 
commission. 
9. Bylaws. The commission may, by a majority vote of the members, adopt or amend 
bylaws as necessary or appropriate to carry out the purposes or exercise the powers of the 
commission. Prior to adoption or amendment of bylaws, the commission shall ask the 
member designated by the Attorney General to review the bylaws and provide comments 
to the commission. 
10. Fund established. The Road Commission Fund is established as a nonlapsing fund 
within the Office of the Attorney General to support the work of the commission. The fund 
consists of any funds received from any public or private source. 
11. Report. By February 1, 2023, and annually thereafter, the commission shall submit 
a report of its activities and any recommended statutory changes to the joint standing 
committee of the Legislature having jurisdiction over state and local government matters, 
the joint standing committee of the Legislature having jurisdiction over agriculture. 
COMMITTEE AMENDMENT 
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~ <, 
COMMITTEE AMENDMENT A 
"to H.P. 1121, L.D. 1513 
conservation and forestry matters and the joint standing committee of the Legislature 
having jurisdiction over inland fisheries and wildlife matters. If the report includes 
recommended statutory changes, the committee with jurisdiction over the subject of that 
statute may report out a bill related to the recommendation. 
Sec. 3. Initial meeting. The initial meeting of the Maine Abandoned and 
Discontinued Roads Commission, established pursuant to the Maine Revised Statutes, Title 
23, section 3036, must be called within 60 days of the effective date of this Act by the 
member designated by the Attorney General. 
Sec. 4. Initial terms. Notwithstanding the Maine Revised Statutes, Title 23, section 
3036, subsection 4, of the members initially appointed to the Maine Abandoned and 
Discontinued Roads Commission, the following members must be appointed to an initial 
term of 2 years: 
1. The member designated by the Commissioner of Transportation; 
2. The member designated by the Attorney General; 
3. The member from a statewide association representing county governments; 
4. The member from a statewide association of attorneys; 
5. The member from a statewide organization representing all-terrain vehicle users or 
snowmobile users; and 
6. The member who is a member of the general public. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration-Attorney General 0310 
Initiative: Provides funding for one Research Assistant Paralegal position and related All 
Other costs in the Office of the Attorney General, natural resources division to provide staff 
support to the Maine Abandoned and Discontinued Roads Commission and to assist the 
commission in the conduct of its duties. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Road Commission Fund N950 
2021-22 
0.000 
$0 
$0 
$0 
2022-23 
1.000 
$59,188 
$3,919 
$63,107 
Initiative: Provides a base allocation for the newly established Road Commission Fund 
program to support the work of the Maine Abandoned and Discontinued Roads 
Commission in the event that funds are received from public or private sources. 
OTHER SPECIAL REVENUE FUNDS 
Unallocated 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2021-22 
$0 
$0 
COMMITTEE AMENDMENT 
2022-23 
$500 
$500 
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COMMITTEE AMENDMENT •A "to H.P. 1121, L.D. 1513 
ATTORNEY GENERAL, DEPARTMENT OF THE 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2021-22 
$0 
$0 
$0 
2022-23 
$63,107 
$500 
$63,607 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, 
It establishes the Maine Abandoned and 
Discontinued Roads Commission. The commission is charged with prioritizing matters 
related to abandoned and discontinued roads that have a significant negative impact, 
qualitatively or quantitively, on residential owners of property that abuts the road, 
recreational users of the road, members of the public, municipal, county or state 
governments and the physical integrity of the road and sunounding land; developing 
recommendations to address the prioritized matters; recommending statutory changes; and 
reviewing legislation. The commission has the authority to receive funds to support the 
work of the commission. The commission must report to the joint standing committee of 
the Legislature having jurisdiction over state and local government matters, the joint 
standing committee of the Legislature having jurisdiction over inland fisheries and wildlife 
matters and the joint standing committee of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters by February 1, 2023 and annually thereafter. 
The committees have authority to report out bills in response to the reports. The Office of 
the Attorney General is required to provide staff support to the commission. 
The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/28/22 .ttPae 
LD 1513 
LR 703(02) 
An Act To Require the Maintenance of a Discontinued Public Road That Provides the Sole Access to 
One or More Residences 
Fiscal Note for Bill as Amended by Committee Amendment Jf' (H-11 J) 
Committee: State and Local Government 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
$0 
$0 
$0 
FY 2022-23 
$63,107 
$63,107 
$500 
Projections 
FY 2023-24 
$68,345 
$68,345 
$500 
Projections 
FY 2024-25 
$71,56h 
$71,566 
$500 
The bill includes an ongoing General Fund appropriation of $63,107 beginning in fiscal year 2022-23 for one 
Research Assistant Paralegal position and related All Other costs in the Office of the Attorney General, Natural 
Resources Division to provide staff support to the Maine Abandoned and Discontinued Roads Commission and to 
assist the commission in the conduct of its duties. The bill also includes an Other Special Revenue Funds base 
allocation of $500 begim1ing in fiscal year 2022-23 for the newly established Road C~mmission Fund program to 
support the work of the Maine Abandoned and Discontinued Roads Commission in the event that funds are received 
from public or private somces. 
Additional costs to the Department of Transportation, Department of Agriculture, Conservation and Forestry and the 
Department of Inland Fisheries and Wildlife associated with serving on the commission can be absorbed within 
existing budgeted resources. 
LR0703(02) - Fiscal Note - Page 1 of 1