ALL-TERRAIN VEHICLES

Sec. 6. 12 MRSA §7792, sub-§1-A, as amended by PL 1989, c. 493, §51, is further amended to read:

1-A. Appointment of watercraft registration agents; fees. Rules authorizing the commissioner to delegate the authority to issue watercraft registrations subject to the following.

A. The commissioner may appoint municipal clerks or other persons who a municipality may designate as municipal agents to issue watercraft registrations. The commissioner may appoint other agents as necessary to issue watercraft registrations. The commissioner shall determine the period when the agents shall act.

B. For the purpose of issuing watercraft registrations, agents other than municipal agents shall be appointed or reappointed as follows.

(1) The commissioner shall designate as an agent, for the purpose of issuing watercraft registrations, any person who holds a boat dealer's certificate of number in accordance with section 7795, submits a complete application, is credit worthy and has not violated any provision of this subchapter.

(2) A business, the agency of which is revoked for a violation of this subchapter, may reapply for an agency for the 2nd year following the last year it held an agency.

C. Each agent, for the purpose of issuing watercraft registrations, shall submit a report to the commissioner on or before the 15th day of each calendar month. The report shall include an accounting of all watercraft registrations issued during the previous calendar month and shall be accompanied by:

(1) The department's copy of each registration issued; and

(2) All watercraft registration funds collected by the agent during the reporting period.

D. Agents may charge a service fee of not more than $1 for each watercraft renewal registration issued and this $2 for each registration covered by sections 7793-A to 7793-E.__

This service fee shall be is retained by the agent;.__The commissioner shall charge a $1 service fee for each registration issued by department employees.

E. An agent is delinquent if that agent fails to forward to the commissioner funds collected by that agent by the date established in rules adopted under this subsection.__Failure to remit the funds as provided in this section results in the following sanctions, in addition to any other provided by law.

(1)__The commissioner shall charge interest on the amount owed at the rate of 18% a year for each day the agent is delinquent.

(2)__If the agent has not paid the amount owed by the 60th day after the agent becomes delinquent, the commissioner shall assess a surcharge of 5% of the principal amount owed.

(3)__If an agent is delinquent for more than 150 days or is delinquent 3 or more times in one year, the commissioner shall:

(a)__Terminate the agency for the balance of the year; and

(b)__Order that the agency not be renewed for the next year;

Sec. 7. 12 MRSA §7794, sub-§4, ķE is enacted to read:

E.__Registration issued for an expanded registration period authorized in subsection 8, paragraph A:

(1)__Ten horsepower or less........................$7.50

(2)__Greater than 10, but

not more than 50 horsepower.......................$12.50

(3)__Greater than 50 horsepower...................$18.75

(4)__Personal watercraft..........................$25.00

Sec. 8. 12 MRSA §7794, sub-§8, ķA is enacted to read:

A.__After September 30th, a person may pay 125% of the original watercraft registration fee as listed in subsection 4, paragraph E and receive a registration covering the remainder of the calendar year plus one additional year.

Sec. 9. 12 MRSA §7824, sub-§1-B, as amended by PL 1995, c. 467, §2, is further amended to read:

1-B. Appointment of snowmobile registration agents; report; fees. Appointment of snowmobile registration agents is and applicable fees are governed by the following.

A. The commissioner may appoint municipal clerks or other persons who a municipality may designate as municipal agents to issue snowmobile registrations. The commissioner may designate other agents as necessary to issue snowmobile registrations. The commissioner shall determine the period when the agents shall act.

B. For the purpose of issuing snowmobile registrations, agents other than municipal agents are appointed or reappointed as follows.

(1) The commissioner may designate as an agent, for the purpose of issuing snowmobile registrations, any person who is licensed as a snowmobile dealer in accordance with section 7825, submits a complete application, is credit worthy and has not violated any provision of this subchapter. The commissioner may designate as an agent for the purpose of selling nonresident snowmobile registrations any business that submits a complete application, is determined by the commissioner to be credit worthy and has not violated any provision of this subchapter.

(2) A business, the agency of which is revoked for a violation of this subchapter, may reapply for an agency for the 2nd year following the last year it held an agency.

C. Each agent, for the purpose of issuing snowmobile registrations, shall submit a report to the commissioner on or before the 15th day of each calendar month. The report shall include an accounting of all snowmobile registrations issued during the previous calendar month and shall be accompanied by:

(1) The department's copy of each registration issued; and

(2) All snowmobile registration funds collected by the agent during the reporting period.

D. Agents may charge a service fee of not more than $1 for each snowmobile renewal registration issued and this $2 for each registration covered by sections 7793-A to 7793-E.__ This service fee shall be is retained by the agent.

i.E.__An agent is delinquent if that agent fails to forward to the commissioner funds collected by that agent by the date established in rules adopted under this subsection.__ Failure to remit the ii.funds as provided in this section results in the following sanctions, in addition to any other provided by law.

(1)__The commissioner shall charge interest on the amount owed at the rate of 18% a year for each day the agent is delinquent.

(2)__If the agent has not paid the amount owed by the 60th day after the agent becomes delinquent, the commissioner shall assess a surcharge of 5% of the principal amount owed.

(3)__If an agent is delinquent for moreiv. than 150 days or is delinquent 3 or more times in one year, the commissioner shall:

A.(a)__Terminate the agency for the balance of the year; and

B.(b)__Order that the agency not be renewed for the next year.

Sec. 10. 12 MRSA §7824, sub-§8, as amended by PL 1995, c. 467, §7, is further amended to read:

8. Transfer of ownership, discontinuance of use or expanded registration.

A. A person who transfers the ownership or permanently discontinues the use of a snowmobile having a resident registration or a nonresident seasonal registration and applies for registration of another snowmobile in the same registration year is entitled to a certificate of registration upon payment of a transfer fee of $2 and is not required to pay the regular registration fee.

B. Whenever ownership is transferred or the use of a snowmobile for which a registration certificate has already been issued is discontinued, the old registration certificate shall must be properly signed and executed by the owner showing that the ownership of the snowmobile has

been transferred or its use discontinued and returned to the commissioner within 10 days of the transfer or discontinuance of use.

C. If there is a change of ownership of a snowmobile for which a registration certificate number has previously been issued, the new owner shall apply for a new registration certificate, shall set forth the original number in the application and shall pay the regular fee for the particular snowmobile involved.

D.__Whoever obtains an original resident snowmobile registration after March 31st, may pay $30 and receive a registration covering the remainder of the registration period plus one additional year.

Sec. 11. 12 MRSA §7854, sub-§1-A, as repealed and replaced by PL 1989, c. 493, §62, is amended to read:

1-A. Appointment of ATV registration agents; fees.

A. The commissioner may appoint municipal clerks or other persons who a municipality may designate as municipal agents to issue ATV registrations. The commissioner may designate other agents as necessary to issue ATV registrations. The commissioner shall determine the period when the agents shall act.

B. For the purpose of issuing ATV registrations, agents other than municipal agents shall be appointed or reappointed as follows.

(1) The commissioner shall designate as an agent, for the purpose of issuing ATV registrations, any person who is licensed as an ATV dealer in accordance with section 7855, submits a complete application, is credit worthy and has not violated any provision of this subchapter.

(2) A business, the agency of which is revoked for a violation of this subchapter, may reapply for an agency for the 2nd year following the last year it held an agency.

C. Each agent, for the purpose of issuing ATV registrations, shall report to the commissioner on or before the 15th day of each calendar month. The report shall include an accounting of all ATV registrations issued during the previous calendar month and shall be accompanied by:

(1) The department's copy of each registration issued; and

(2) All ATV registration funds collected by the agent during the reporting period.

D.__An agent is delinquent if that agent fails to forward to the commissioner funds collected by that agent by the date established in rules adopted under this subsection.__Failure to remit the funds as provided in this subsection results in the following sanctions, in addition to any other provided by law.

(1)__The commissioner shall charge interest on the amount owed at the rate of 18% a year for each day the agent is delinquent.

(2)__If the agent has not paid the amount owed by the 60th day after the agent becomes delinquent, the commissioner shall assess a surcharge of 5% of the principal amount owed.

(3)__If an agent is delinquent for more than 150 days or is delinquent 3 or more times in one year, the commissioner shall:

(a)__Terminate the agency for the balance of the year; and

(b)__Order that the agency not be renewed for the next year.

Agents may charge a service fee of not more than $1 for each ATV renewal registration issued and this $2 for each registration covered by sections 7793-A to 7793-E.__This service fee shall be is retained by the agent.

Sec. 12. 12 MRSA §7854, sub-§7, as amended by PL 1989, c. 493, §64, is further amended to read:

7. Transfer of ownership, discontinuance of use or expanded period registration. A transfer of ownership or discontinuance of use of an all-terrain vehicle shall be is subject to the following.

A. Whoever transfers the ownership or discontinues the use of a registered all-terrain vehicle shall, within 10 days, properly sign the registration certificate, indicating the disposition of the all-terrain vehicle, and return the certificate registration to the commissioner.

B. An all-terrain vehicle owner who transfers ownership or discontinues its use may, within 10 days from the date of transfer or discontinuance, apply to the commissioner for registration of another all-terrain vehicle. The fee for the transfer shall be is $2 and the registration certificate shall be is valid for the remainder of the registration year for which the previous all-terrain vehicle had been registered.

C. Whenever there is a change of ownership of an all- terrain vehicle for which a registration has previously been issued, the new owner shall apply for a new registration and shall pay the regular $12 fee.

D.__After March 31st, a person may pay $15 and receive a registration covering the remainder of the registration period plus one additional year.

SUMMARY

This bill makes changes to the laws regarding agents, agent fees and watercraft, snowmobile and ATV registrations in order to facilitate the transition to Maine's On-line Sportsman's Electronic System, MOSES. The bill authorizes the Commissioner of Inland Fisheries and Wildlife to appoint agents to issue trapping licenses and charge a $2 fee for each license. The bill also allows the commissioner to charge a $1 fee for each trapping license and watercraft registration issued by a department employee. The bill removes the requirement that hunters apply by written application for a turkey permit and provides that hunters must apply for a turkey permit in a manner to be prescribed by the commissioner.

The bill provides that the commissioner may appoint agents other than municipal clerks or persons designated by a municipality to issue watercraft, snowmobile and ATV registrations and removes current statutory requirements that the commissioner must follow to appoint agents not associated with a municipality. The bill also removes the requirement that agents issuing snowmobile, watercraft and ATV registrations must submit reports to the commissioner and provides that agents may charge $1 for each watercraft, snowmobile or ATV registration renewal and $2 for original registrations. Additionally, the bill requires that the commissioner penalize agents who issue watercraft, snowmobile or ATV registrations that are delinquent in forwarding the commissioner's funds to the commissioner by a date set forth by rule. Penalties include charging an interest

rate of 18% a year for each day of delinquency, after the 60th day, assessing a surcharge of 5% of the principal and, after 150 days or after being delinquent 3 times or more in one year, terminating the agency for the remainder of the year and the following year.

The bill provides that anyone who obtains an original snowmobile or ATV registration after March 31st may pay $30 or $15, respectively, to receive a registration that covers the remainder of the year plus an additional year. The same opportunity is provided for anyone obtaining an original watercraft registration after September 30th, in which case the person pays 125% of the registration fee.

The bill removes the requirement that duplicate licenses or permits be obtained from the original issuer of the license or permit.