CHAPTER 693
H.P. 1575 - L.D. 2081
An Act to Implement the Unanimous and the Majority Recommendations of the Commission to Study Equity in the Distribution of Gas Tax Revenues Attributable to Snowmobiles, All-terrain Vehicles and Watercraft
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §1893, sub-§1, ¶¶A and B, as enacted by PL 1997, c. 678, §13, are amended to read:
A. Within available funds, the snowmobile program shall develop and maintain snowmobile trails and provide educational and informational materials for the use of operators of snowmobiles. The bureau may charge a reasonable fee for such services and materials when the money credited to it under chapter 715, subchapter II is insufficient to satisfy the demand for those services and materials. All fees collected must be deposited in the bureau's Snowmobile Trail Fund. The bureau shall administer the Snowmobile Trail Fund and the snowmobile program's other activities must be conducted pursuant to section 7824, subsection 4. The Snowmobile Trail Fund receives funding as provided in chapter 715, subchapter II and Title 36, section 2903-B 2903-D, subsection 2.
B. The bureau shall administer the ATV Recreational Management Fund established under section 7854, subsection 4 for the purposes given in that subsection and for the acquisition of land to be used for ATV trails. The bureau may adopt rules in accordance with Title 5, chapter 375, subchapter II for the issuance of grants-in-aid from the fund and to further define alpine tundra areas pursuant to section 7851, subsection 2-A. Additional funding for the ATV Recreational Management Fund is as provided in Title 36, section 2903-C 2903-D, subsection 3.
Sec. 2. 12 MRSA §1894, last ¶, as enacted by PL 1997, c. 678, §13, is repealed.
Sec. 3. 12 MRSA §1896, as enacted by PL 1997, c. 678, §13, is 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-A 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.
Sec. 4. 36 MRSA §2903-A, as amended by PL 1999, c. 127, Pt. A, §50, is repealed.
Sec. 5. 36 MRSA §2903-B, as amended by PL 1995, c. 502, Pt. E, §30, is repealed.
Sec. 6. 36 MRSA §2903-C, as enacted by PL 1995, c. 446, §2, is repealed.
Sec. 7. 36 MRSA §2903-D is enacted to read:
§2903-D. Distribution of gasoline taxes for nonhighway recreational vehicle programs
This section establishes the percentage of gasoline taxes that are attributable to snowmobile, all-terrain vehicle and motorboat gasoline purchases and equitably distributes that percentage among the appropriate state agencies for the administration of programs and the enforcement of laws relating to the use of those recreational vehicles. For the purposes of this section, the term "total gasoline tax revenues" means the total excise tax on internal combustion engine fuel sold or used within the State, but not including internal combustion fuel sold for use in the propulsion of aircraft.
1. Motorboats. Of total gasoline tax revenues, 1.4437% is distributed among the following agencies in the following manner:
A. The Commissioner of Marine Resources receives 24.6% for research, development and propagation activities of the Department of Marine Resources. In expending these funds, it is the responsibility of the Commissioner of Marine Resources to select activities and projects that will be most beneficial to the commercial fisheries of the State as well as the development of sports fisheries activities in the State; and
B. The Boating Facilities Fund, established under Title 12, section 1896, within the Department of Conservation, Bureau of Parks and Lands, receives 75.4% of that amount.
2. Snowmobiles. Of total gasoline tax revenues, 0.9045% is distributed among the following agencies in the following manner:
A. The Commissioner of Inland Fisheries and Wildlife receives 14.93% of that amount, to be used by the commissioner for the purposes set forth in Title 12, section 7824; and
B. The Snowmobile Trail Fund of the Department of Conservation, Bureau of Parks and Lands, established under Title 12, section 7824, receives 85.07% of that amount.
3. All-terrain vehicles. Of total gasoline tax revenues, 0.1525% is distributed among the following agencies in the following manner:
A. The Commissioner of Inland Fisheries and Wildlife receives 50% of that amount; and
B. The ATV Recreational Management Fund, established in Title 12, section 7854, subsection 4, paragraph B, receives 50% of that amount.
The State Tax Assessor shall certify to the State Controller by the 15th day of each month the amounts to be distributed and credited under this section as of the close of the State Controller's records for the previous month.
Sec. 8. Updates to Public Access to Maine Waters Strategic Plan. Beginning in 2005 and every 5 years thereafter, the Department of Conservation, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources shall jointly prepare comprehensive written updates to the report titled "Public Access to Maine Waters Strategic Plan" that was originally prepared by those departments in 1995 and updated in 2000. Those reports must include an update to the boating access improvements completed since the prior report, a summary of the current funding and expenditure patterns for each of those departments on boating access matters, a summary of public access needs and funding, a summary of boating enforcement and education programs and needs and any actions proposed by those departments in those areas anticipated over the subsequent 5-year period. Those reports must be submitted jointly to 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 marine resource matters beginning in January 2005, and every 5 years thereafter.
Sec. 9. Snowmobile and all-terrain vehicles needs assessments. Beginning in 2005 and every 5 years thereafter, the Department of Conservation and the Department of Inland Fisheries and Wildlife shall jointly prepare an assessment of needs within the snowmobile and all-terrain vehicle programs, including a summary of the current funding and expenditure patterns for each of those departments on snowmobile and all-terrain vehicle matters, a summary of public access needs and funding, a summary of snowmobile and all-terrain vehicle enforcement and education programs and needs, an assessment of the capital needs for equipment or facilities for maintenance of trails or access to land or water and any actions proposed by those departments in those areas anticipated over the subsequent 5-year period. Those reports must be submitted jointly to 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 public recreation matters beginning in January 2005, and every 5 years thereafter.
Sec. 10. Estimate of gasoline tax revenue for years starting on July 1, 2003 to June 30, 2005. For purposes of calculating the percentage of gasoline tax revenue attributable to motorboats, snowmobiles and all-terrain vehicles pursuant to the Maine Revised Statutes, Title 36, section 2903-D for years starting on July 1, 2003 to June 30, 2005, the total gasoline tax revenue used is $150,400,000.
Sec. 11. Effective date. This Act takes effect July 1, 2003.
Effective July 1, 2003.
| Revisor of Statutes Homepage | Subject Index | Search | 120th Laws of Maine | Maine Legislature |
