An Act to Include Brush
Maine Legislature, Session 132, LD 0121
Committee Amendment CA_A_S68 (Senate)
Amends: 17 MRSA §2263-A

COMMITTEE AMENDMENT"/ " to S,P, 38, L,D. 121, "An Act to Include Brush
and Yard Debris in the Ddmition of "Litter""
Amend the bill by striking out the title and substituting the following:
'An Act to Amend the Maine Litter Control Act'
Amend the bill in section I in subsection 2 in (he 2nd line (page I, line S in L.D,) by
striking out the following: "brush;" and inserting the following; 'brush and'
Amend the bill in sectioii 1 in subsection 2 by inserting after (lie first blocked paragraph
(he following;
'For the Dumoses of tins siibsectiQn,"bnisli and vat'clclcbi'is'' does not inclLide slash, as
defined in Title 12. section 933 1, Reneraled by or on behalf of a iHiblic utility, as defined
in Title 35-A. section 102. subsection 13,'
Amend the bill by inserting after section I the following;
'See. 2. 17 MRSA §2263-A, sub-§l, as amended by PL 2021, c. 374, §2, is further
amended to read:
1. Prohibited acts. A person may not intentionally throw, drop, deposit, discard,
dump or otherwise dispose of litter in any manner or amount;
A. In or on public iuglnvay, road, street, alley, public right-of-way or other public
lands, except in a container or receplacle or on property that is desigiuited for disposal
of garbage and refuse by the State or its agencies or political subdivisions;
B, In freshwater lake, river, stream, tidal or coastal water or on ice over ihe water.
When any litter is thrown or discarded from a watercraft, a person is in violation of tins
section if that person is:
(1) The operator of the walercraft, unless it is a watercraft being used for the
carriage of passengers for hire; or
(2) The person actually disposing of the liner.
Page I - 132U«t479(()2)
COMMITTEE AMENDMENT
ftOS
COMMITTEE AMENDMENT " i\ " to S.P. 38, L.D, 121 0"
This paragraph does not prohibit persons who llsh, lobster or otherwise harvest from
the water from returning to the water harvested products, bait and similar materials that
naturally originate in the water;
C, In or on any private properly, unless:
(1) Prior consent of the owner has been given; and
(2) The litter is not a public nuisance or in violation of any state law or local rule;
D, From a trailer or vehicle that is conslructed, loaded or uncovered in such a way that
the load may drop, sift, leak or otherwise escape, This paragraph applies to ve.liicles
or trailers carrying trash, rubbish or other materials that may be construed as "tiller";
or
E. From a vehicle, When any litter is thrown or discarded from a vehicle, a person is
in violation of this section if that person is;
(I) The operator of the vehicle, unless it isa vehicle being used for the carriage of
passengers for hire; or
(2) The jierson actually disposing of the litter.
It is a violation of (his chapter for a person to intentionally release outdoors a balloon that
is inflated or nilecl with a gas that is tighter than air, except that it is not a vioiation of this
chapter for a person to intentionally release outdoors a balloon carrying scientific
instrumentation, a balloon used for meteorological observation by a governmental or
scientific organization or a hot air balloon that is recovered after launching,
In addition to any penalty under section 2264-A, violation of this subsection is a traffic
infraction under Title 29-A, chapter 23, subchapter W- 6.
A record of a violation of this subsection must be forwarded to the Secretary of Stale who,
in accordance with Title 29-A, section 2607, shall add the violation to the department's
point system. The violation is counted in determining an individual's total points under the
point system of the Department of the Secretary of Slate, Bureau ofMotor Vehicles.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment excludes slash as defined by tlie Maine Revised Statutes, Title 12,
section 9331 that is generated by or on behalf of a public utility from the definition of
"brush and yard debris" in the laws governing litter, as amended by the bill, It also amends
the Maine Litter Control Act to require an intentional state of mind to be found liable for
littering,
FISCAL NOTE REQUIRED
(See attached)
Page2-I32LR0479(02)
COMMITTEE AMENDMENT
Approved;04/17/25
l^Rt-
LD 121 LR 479(02)
An Act to Include Brush and Yard Debris in the Definition of "Litter"
Fiscal Note for Bill as Amended by Committee Amendment %"/ ^
Committee! Criminal Justice and Public Safety
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase " General Fund
Minor revenue increase - Other Special Revenue Funds
orrectional 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 fines will increase General Fund or other dedicated
revenue by minor amounts.
LR0479(02) - Fiscal Note - Page 1 of 1