Sec. B-1. 4 MRSA §164, sub-§15, ¶A, as amended by PL 1995, c. 462, Pt. A, §4, is further amended to read:
A. A fisheries and wildlife offense means any violation of any provision of Title 12, Part 10 13; any provision of law enumerated in Title 12, section 7053 10353; or any rule adopted by the Commissioner of Inland Fisheries and Wildlife pursuant to these provisions.
Sec. B-2. 4 MRSA §164, sub-§17, ¶A, as amended by PL 1993, c. 680, Pt. A, §6, is further amended to read:
A. A marine resources offense means any violation of any provision of Title 12, chapters 601 to 627 and chapter 715 chapters 935, 937 and 939, or any rules adopted by the Commissioner of Marine Resources pursuant to those chapters.
Sec. B-3. 4 MRSA §164, sub-§18, ¶A, as enacted by PL 1991, c. 635, is amended to read:
A. For purposes of this subsection, a forest service offense means any violation of Title 12, chapters 705, 715, 801, 805, 807 and, 809, 935, 937 and 939 and section 10203, subsection 6 and sections 10651, 10653 and 11221 or any rules adopted by the Director of the Maine Forest Service pursuant to those chapters.
Sec. B-4. 5 MRSA §12004-G, sub-§20, as amended by PL 1995, c. 667, Pt. A, §1 and affected by §39, is further amended to read:
Sec. B-5. 5 MRSA §12004-G, sub-§29-B, as enacted by PL 1995, c. 494, §3, is amended to read:
Legislative Per Diem and Travel Expenses for Appointed Members |
Sec. B-6. 5 MRSA §12004-I, sub-§23, as amended by PL 1989, c. 503, Pt. A, §27, is further amended to read:
Sec. B-7. 5 MRSA §12004-I, sub-§23-A, as enacted by PL 1989, c. 913, Pt. C, §2, is amended to read:
Sec. B-8. 5 MRSA §12004-I, sub-§23-B, as enacted by PL 1995, c. 667, Pt. B, §1, is amended to read:
Sec. B-9. 5 MRSA §12004-I, sub-§24, as amended by PL 1989, c. 503, Pt. A, §27, is further amended to read:
Junior Maine Guides and Trip Leaders Curriculum Advisory Board |
Sec. B-10. 5 MRSA §12004-I, sub-§70, as amended by PL 1991, c. 780, Pt. S, §§2 and 3, is further amended to read:
Sec. B-11. 7 MRSA §2-A, as enacted by PL 1995, c. 667, Pt. C, §1, is amended to read:
§2-A. Hunters for the Hungry Program; acceptance of donations
The department and those recipient agencies participating in the department's food assistance distribution programs may accept wild game meat from persons participating in the Hunters for the Hungry Program established under Title 12, chapter 709, subchapter III-A section 10108. The department may facilitate the acceptance of that meat by its recipient agencies through coordination with the Department of Inland Fisheries and Wildlife and may undertake educational and promotional efforts on behalf of the program.
Sec. B-12. 7 MRSA §1342, sub-§6, as enacted by PL 1999, c. 765, §3, is amended to read:
6. Restrictions. Large game may not be tethered in a shooting area and must be free to roam. A person may shoot or attempt to shoot large game within a shooting area only when that person is in a tree stand or accompanied by the license holder or an employee of the license holder. Shooting is limited to the time period from 1/2 hour before sunrise as defined in Title 12, section 7001 10001 to 1/2 hour after sunset as defined in Title 12, section 7001 10001. A person who kills or attempts to kill large game in a commercial large game shooting area may use only the following weapons:
A. Firearms of any type permitted for hunting under Title 12, Part 10 13; and
B. Archery equipment of any type permitted for hunting under Title 12, Part 10 13.
Sec. B-13. 7 MRSA §3953, as amended by PL 1997, c. 690, §37, is further amended to read:
§3953. Stealing, injuring or killing dogs
Except as provided in section 3951 and Title 12, sections 7504 and 7505 section 12404, and unless the killing is justified to protect persons or property, any a person who steals, confines or secretes, willfully or negligently injures or willfully or negligently kills a dog is liable in damages to its the dog's owner in a civil action.
Sec. B-14. 7 MRSA §4011, sub-§1, ¶G, as amended by PL 2001, c. 617, §9, is further amended to read:
G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted pursuant to Title 7, chapter 202-A and Title 12, Part 10 13;
Sec. B-15. 7 MRSA §4011, sub-§2, ¶C, as enacted by PL 1987, c. 383, §3, is amended to read:
C. The conduct involved the use of live animals as bait or in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 10 13.
Sec. B-16. 7 MRSA §4012, sub-§§2 and 3, as enacted by PL 1987, c. 383, §3, are amended to read:
2. Construction. Nothing in this This section may not be construed to prohibit the shooting of wild game in its wild state or the shooting of birds at field trials under the supervision of the Department of Inland Fisheries and Wildlife in accordance with Title 12, chapter 707 915, subchapter IX 13.
3. Affirmative defense. It is an affirmative defense to this section that the conduct involved the use of live animals in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 10 13.
Sec. B-17. 8 MRSA §374, sub-§5, as amended by PL 1997, c. 373, §7, is further amended to read:
5. Wildlife lottery game. No later than January 30, 1996, the commission, in consultation with the Maine Outdoor Heritage Fund Board, shall develop and initiate a wildlife lottery game designed to raise funds for the Maine Outdoor Heritage Fund established pursuant to Title 12, chapter 714 903, subchapter 6. The commission shall provide the net proceeds of this wildlife lottery game to the Maine Outdoor Heritage Fund annually. The commission shall change the wildlife game ticket periodically throughout the year.
Sec. B-18. 8 MRSA §387, sub-§1, ¶D, as enacted by PL 1995, c. 494, §5, is amended to read:
D. For payment to the Maine Outdoor Heritage Fund pursuant to Title 12, section 7782 10302.
Sec. B-19. 10 MRSA §1242, sub-§15, as enacted by PL 1997, c. 473, §3, is amended to read:
15. Personal sports mobile. "Personal sports mobile" means any snowmobile as defined in Title 12, section 7821 13001, subsection 5 25; any all-terrain vehicle as defined in Title 12, section 7851 13001, subsection 2 3; any motorcycle as defined in Title 29-A, section 101, subsection 38; and any personal watercraft as defined in Title 12, section 7791 13001, subsection 11-A 23. "Personal sports mobile" does not include a motor vehicle as defined in section 1171, subsection 11.
Sec. B-20. 12 MRSA §598-A, sub-§1, ¶¶A and B, as enacted by PL 1993, c. 639, §1, are amended to read:
A. State-owned wildlife management areas and public access sites described in section 7652 10109, subsection 1 and section 12708; and
B. Lands held and managed as a state game farm under the provisions of section 7735 10109, subsection 2;
Sec. B-21. 12 MRSA §1893, sub-§1, ¶A, as amended by PL 2001, c. 693, §1 and affected by §11, is further 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 937 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 3. The Snowmobile Trail Fund receives funding as provided in chapter 715, subchapter II 937 and Title 36, section 2903-D, subsection 2.
Sec. B-22. 12 MRSA §1893, sub-§1, ¶B, as amended by PL 2001, c. 693, §1 and affected by §11, is further amended to read:
B. The bureau shall administer the ATV Recreational Management Fund established under section 7854, subsection 4 2 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 2 for the issuance of grants-in-aid from the fund and to further define alpine tundra areas pursuant to section 7851 13001, subsection 2-A 4. Additional funding for the ATV Recreational Management Fund is as provided in Title 36, section 2903-D, subsection 3.
Sec. B-23. 12 MRSA §1893-A, sub-§2, as enacted by PL 2001, c. 466, §7, is amended to read:
2. Development of recreational management areas. An owner or operator of an excavation site proposing to develop a recreational management area and requesting a variance from reclamation standards under Title 38, section 490-E shall request the assistance of the division.
Upon receipt of a request for assistance, the division shall assess the affected land for suitability for an all-terrain vehicle trail system. The division shall advise the landowner of funding, technical assistance and other assistance available through the ATV Recreation Recreational Management Fund established in section 7854 1893, subsection 4, paragraph B subsections 2 and 3. When an initial assessment of the affected land indicates the area is appropriate for an all-terrain vehicle trail system, the division may assist the owner or operator in developing a plan and completing a variance application.
Sec. B-24. 12 MRSA §6431-E, sub-§1, ¶B, as enacted by PL 1997, c. 693, §1 and affected by §3, is amended to read:
B. "Owner" means:
(1) An individual who is the owner of a vessel registered under chapter 715, subchapter I 935 or the owner of a vessel documented under 46 Code of Federal Regulations, Part 67;
(2) The person who owns the highest percentage of a partnership, corporation or other entity that is the owner of a vessel registered under chapter 715, subchapter I 935 or a vessel documented under 46 Code of Federal Regulations, Part 67; or
(3) When 2 or more people own in equal proportion the highest percentages of a partnership, corporation or other entity that owns a vessel registered under chapter 715, subchapter I 935 or a vessel documented under 46 Code of Federal Regulations, Part 67, one of the highest percentage owners as designated by the owners of that partnership, corporation or other entity.
Sec. B-25. 12 MRSA §9904, sub-§11, as enacted by PL 1995, c. 406, §12, is amended to read:
11. Fishing in inland waters. When fishing in inland waters, the holder of a license authorized under this section is subject to all the provisions of chapters 701 to 721 Part 13.
Sec. B-26. 14 MRSA §3142, sub-§1, ¶C, as amended by PL 2001, c. 471, Pt. A, §20, is further amended to read:
C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:
(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6409;
(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 7077 10902, subsection 1-C 3;
(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 7077 10902, subsection 1-C 3; and
Sec. B-27. 14 MRSA §8104-A, sub-§1, ¶F, as enacted by PL 1987, c. 740, §4, is amended to read:
F. Snowmobiles, as defined in Title 12, section 7821 13001, subsection 5 25; and
Sec. B-28. 15 MRSA §1025, as amended by PL 2001, c. 604, §20, is further amended to read:
§1025. Law enforcement officers
A law enforcement officer making a warrantless arrest under Title 17-A, section 15 may, without fee, take the personal recognizance of any defendant for appearance on a charge of a Class D or Class E crime. If authorized, a law enforcement officer may, without fee, take the personal recognizance with deposit in accordance with Title 12, section 7053 10353, subsection 2, paragraph C; and Title 12, section 9707. The law enforcement officer's authority under this section continues as long as the arrestee remains in the officer's custody.
Sec. B-29. 15 MRSA §3103, sub-§1, ¶E, as amended by PL 1997, c. 462, §2, is further amended to read:
E. Offenses involving hunting or the operation or attempted operation of a watercraft, ATV or snowmobile while under the influence of intoxicating liquor or drugs, as defined in Title 12, section 7406 10701, subsection 3; Title 12, section 7801, subsection 9; Title 12, section 7827, subsection 9; and Title 12, section 7857, subsection 10, respectively 1, and offenses involving failing to aid an injured person or to report a hunting accident as defined in Title 12, section 7406, subsection 15 11223;
Sec. B-30. 17 MRSA §1031, sub-§1, ¶G, as amended by PL 2001, c. 617, §11, is further amended to read:
G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted pursuant to Title 7, chapter 202-A and Title 12, Part 10 13;
Sec. B-31. 17 MRSA §1031, sub-§2, ¶C, as enacted by PL 1987, c. 383, §4, is amended to read:
C. The defendant's conduct involved the use of live animals as bait or in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 10 13.
Sec. B-32. 17 MRSA §1032, sub-§3, as enacted by PL 1987, c. 383, §4, is amended to read:
3. Exception. Nothing in this section may be construed to prohibit the shooting of wild game in its wild state or the shooting of birds at field trials under the supervision of the Department of Inland Fisheries and Wildlife in accordance with Title 12, chapter 707 915, subchapter IX 13.
Sec. B-33. 17 MRSA §1033, sub-§3, as enacted by PL 1987, c. 383, §4, is amended to read:
3. Affirmative defense. It is an affirmative defense to prosecution under subsections 1 and 2, that the activity charged involves the possession, training, exhibition or use of an animal in the otherwise lawful sport of animal hunting and the training or use of hunting dogs. It is also an affirmative defense that the defendant's conduct involved the use of live animals as bait or in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 10 13.
Sec. B-34. 17 MRSA §3853-D, sub-§2, ¶B, as enacted by PL 1989, c. 289, is amended to read:
B. "Motor vehicle" means any self-propelled vehicle not operated exclusively on tracks, including all-terrain vehicles as defined in Title 12, section 7851 13001, but not including snowmobiles.
Sec. B-35. 22 MRSA §1696-I, 2nd ¶, as enacted by PL 1993, c. 280, §1, is amended to read:
If, in the professional judgment of the Director of the Bureau of Health, conditions exist in which consumption of fish caught in state waters poses a threat to public health, the director shall prepare an advisory of the public health threat. The advisory must be in a form suitable for posting in places frequented by noncommercial anglers, included in the abstract of fish and wildlife laws prepared under Title 12, section 7034 10103, subsection 5 7 and distributed to all holders of sport fishing licenses. The director has final authority regarding the content of the advisory, including the exact language used in the advisory. The Commissioner of Inland Fisheries and Wildlife is responsible for printing and posting verbatim copies of the advisory and for incorporating the verbatim health advisory in the abstract of fish and wildlife laws.
Sec. B-36. 25 MRSA §2001, sub-§3, as enacted by PL 1985, c. 478, §2, is amended to read:
3. Hunting knives. Knives used for the purposes of hunting, fishing or trapping to hunt, fish or trap as defined in Title 12, section 7001 10001;
Sec. B-37. 25 MRSA §2001, sub-§6, as amended by PL 2001, c. 459, §1, is further amended to read:
6. Licensed hunters and trappers. Firearms carried by any person engaged in conduct for which a state-issued hunting or trapping license is required and possessing the required license, or firearms carried by a resident person engaged in conduct expressly authorized by Title 12, section 11108 and section 7377, subsections 1 and 2 12202, subsection 1. This subsection does not authorize or permit the carrying of a concealed or loaded firearm in a motor vehicle; and
Sec. B-38. 26 MRSA §1043, sub-§11, ¶F, as corrected by RR 2001, c. 1, §40, is amended by amending subparagraph (38) to read:
(38) Services performed by a person licensed as a guide as required by Title 12, section 7311 12853, as long as that employment is not subject to federal unemployment tax;
Sec. B-39. 26 MRSA §1420-A, sub-§3, as enacted by PL 1995, c. 560, Pt. F, §13, is amended to read:
3. Guide dogs. Every deaf or hard-of-hearing person has the right to be accompanied by a guide dog, described and known as a "hearing dog," especially trained for the purpose, and identified by a collar and leash colored hunter orange, as that color is defined in Title 12, section 7001 10001, subsection 16 32, in a place listed in subsection 2 without being required to pay an extra charge for the guide dog, except that the person is liable for any damage done to the premises or facilities by that dog. When the deaf or hard-of-hearing person is accompanied by a guide dog, the person must also carry a card, issued by the Bureau of Rehabilitation Services, that states that the dog is an especially trained guide dog and cites section 1420 and this section that allow for access by the person and the person's dog to streets, public places and public conveyances.
Sec. B-40. 29-A MRSA §101, sub-§25-A, as enacted by PL 2001, c. 197, §1, is amended to read:
25-A. Golf cart. "Golf cart" means a motor vehicle that is originally designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. A golf "Golf cart" does not include an ATV as defined in Title 12, section 7851 13001.
Sec. B-41. 29-A MRSA §101, sub-§32-A, as enacted by PL 1999, c. 660, §1, is amended to read:
32-A. Low-speed vehicle. "Low-speed vehicle" means a 4-wheeled automobile that is able to attain a speed of at least 20 miles per hour but not more than 25 miles per hour and does not exceed 1800 pounds in unloaded weight. "Low-speed vehicle" does not include an ATV as defined in Title 12, section 7851 13001. A low-speed vehicle must be originally manufactured and maintained in accordance with the Federal Motor Vehicle Safety Standards as a low-speed vehicle pursuant to 49 Code of Federal Regulations, Section 571.500 (1998).
Sec. B-42. 29-A MRSA §101, sub-§42, ¶A, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
A. A snowmobile as defined in Title 12, section 7821 13001;
Sec. B-43. 29-A MRSA §101, sub-§42, ¶B, as amended by PL 2001, c. 361, §2, is further amended to read:
B. An all-terrain vehicle as defined in Title 12, section 7851 13001, unless the all-terrain vehicle is registered for highway use or is operated on a way and section 2080 applies; and
Sec. B-44. 29-A MRSA §101, sub-§91, as amended by PL 2001, c. 687, §12, is further amended to read:
91. Vehicle. "Vehicle" means a device for conveyance of persons or property on a way. "Vehicle" does not include conveyances propelled or drawn by human power or used exclusively on tracks or snowmobiles as defined in Title 12, section 7821 13001 or an electric personal assistive mobility device as defined in this section.
Sec. B-45. 29-A MRSA §455, sub-§4, as amended by PL 1995, c. 256, §1, is further amended to read:
4. Initial contribution to Maine Environmental Trust Fund; renewal contribution. In addition to the regular motor vehicle registration fee prescribed by law for the particular class of vehicle registered, the initial contribution for environmental registration plates is $20, which must be deposited with the Treasurer of State and credited to the Maine Environmental Trust Fund established in Title 12, section 7759 10255.
In addition to the regular motor vehicle registration fee prescribed by law for the particular class of vehicle registered, the annual renewal contribution for environmental registration plates is $15, which must be deposited with the Treasurer of State and credited to the Maine Environmental Trust Fund established in Title 12, section 7759 10255.
Sec. B-46. 29-A MRSA §2251, sub-§11, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
11. Exemption. The operator of a snowmobile as defined by Title 12, section 7821, or an all-terrain vehicle as defined by Title 12, section 7851 13001, unless the all-terrain vehicle is registered for highway use by the Secretary of State under this Title, is exempt from the reporting requirements of subsections 2 and 5.
Sec. B-47. 30-A MRSA §7502, sub-§1, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read:
1. Fund established. There is established in each county, one unorganized territory fund into to which shall must be credited all receipts under Title 12, section 7824 10203 and Title 36, sections 1489 and 1606 and all other receipts which that are allocated for municipal services in the unorganized territory, and from which all disbursements for municipal services in the unorganized territory shall be are made.
Sec. B-48. 33 MRSA §1581, sub-§2, ¶C, as enacted by PL 1999, c. 371, §1, is amended to read:
C. For use by all-terrain vehicles as defined in Title 12, section 7851 13001 if the instrument creating the easement provides for the use of all-terrain vehicles; or
Sec. B-49. 36 MRSA §655, sub-§1, ¶L, as amended by PL 1991, c. 546, §9, is further amended to read:
L. Registered snowmobiles as defined in Title 12, section 7821 13001, subsection 5. 25;
Sec. B-50. 36 MRSA §1106-A, sub-§3, ¶C, as enacted by PL 1993, c. 452, §9, is amended to read:
C. Public access open space is an area of open space land, whether ordinary, permanently protected or forever wild, that is eligible for an additional cumulative percentage reduction in valuation because public access is by reasonable means and the applicant agrees to refrain from taking action to discourage or prohibit daytime, nonmotorized and nondestructive public use. The applicant may permit, but is not obligated to permit as a condition of qualification for public access status, hunting, snowmobiling, overnight use or other more intensive outdoor recreational uses. The applicant, without disqualifying land from status as public access open space, may impose temporary or localized public access restrictions to:
(1) Protect active habitat of endangered species listed under Title 12, chapter 713 925, subchapter V 3;
(2) Prevent destruction or harm to fragile protected natural resources under Title 38, chapter 3, subchapter I 1, article 5-A; or
(3) Protect the recreational user from any hazardous area.
Sec. B-51. 36 MRSA §1109, sub-§3, ¶M, as enacted by PL 1989, c. 748, §4, is amended to read:
M. The identification of the land or of outstanding natural resources on the land by a leg-islatively mandated program, on the state, local or federal level, as particular areas, parcels, land types or natural resources for protection including, but not limited to, the Register of Critical Areas under Title 5, chapter 312; the laws governing wildlife sanctuaries and management areas under Title 12, section 10109, subsection 1 and sections 7651 12706 and 7652 12708; the laws governing the State's rivers under Title 12, chapter 200; the natural resource protection laws under Title 38, chapter 3, subchapter I 1, article 5-A; and the Maine Coastal Barrier Resources Systems under Title 38, chapter 21; or
Sec. B-52. 36 MRSA §1481, sub-§3, as amended by PL 1991, c. 546, §15, is further amended to read:
3. Motor vehicle. "Motor vehicle" means any self-propelled vehicle not operated exclusively on tracks, including motorcycles, but not including aircraft. "Motor vehicle" does not include any vehicle prohibited by law from operating on the public highways. "Motor vehicle" does not include any snowmobile as defined in Title 12, section 7821 13001.
Sec. B-53. 36 MRSA §1481, sub-§5, as amended by PL 2001, c. 396, §20, is further amended to read:
5. Vehicle. "Vehicle" means a motor vehicle, mobile home, camper trailer, heavier-than-air aircraft or lighter-than-air aircraft. "Vehicle" does not include any snowmobiles as defined in Title 12, section 7821 13001.
Sec. B-54. 36 MRSA §1503, sub-§1, ¶A, as enacted by PL 1983, c. 92, Pt. B, §9, is amended to read:
A. Is required to be registered under Title 12, section 7794 13056; or
Sec. B-55. 36 MRSA §1503, sub-§8-B, as enacted by PL 1997, c. 324, §4 and affected by §7, is amended to read:
8-B. Registration period. "Registration period" means from January 1st to December 31st of the year for which the certificate of number is issued pursuant to Title 12, section 7794 13056.
Sec. B-56. 36 MRSA §1504, sub-§1, as amended by PL 1987, c. 196, §§6 and 7, is further amended by amending the first paragraph to read:
1. Payment schedule. An excise tax shall be is payable annually by the owner of each watercraft located in this State, except those exempt under subsection 4, within 10 days of operation upon the waters of this State, or prior to obtaining a certificate of number pursuant to Title 12, section 7794 13056, or prior to July 1st, whichever event first occurs, based on the following schedules. For 1984, watercraft subject to the watercraft excise tax, which that are not required to register under Title 12, former chapter 715, shall are not be required to pay the excise tax until June 30, 1984.
Sec. B-57. 36 MRSA §1504, sub-§4, ¶E, as enacted by PL 1983, c. 92, Pt. B, §9, is amended to read:
E. Watercraft 20 feet or less in length which that are not required to be registered under Title 12, section 7794 13056.
Sec. B-58. 36 MRSA §1504, sub-§7, as amended by PL 1985, c. 726, §6, is further amended to read:
7. Evidence of tax payment. Each watercraft, required to pay the excise tax established by this chapter but not required to be registered under Title 12, section 7794 13056, shall must display a current excise tax decal as directed by the commissioner. A current excise tax decal shall must be issued by the municipal tax collector or tribal clerk upon the payment of all excise taxes due under this chapter. The commissioner shall make excise tax decals available at cost to municipalities and Indian reservations. For watercraft required to be registered under Title 12, section 7794 13056, the registration sticker shall be is considered evidence of tax payment.
Sec. B-59. 36 MRSA §1504, sub-§9, ¶A, as amended by PL 1985, c. 726, §8, is further amended to read:
A. Beginning March 1, 1984, payment of the excise tax and accrued interest, where applicable, is a prerequisite for obtaining a certificate of number of a watercraft under Title 12, section 7794 13056, and no registration may be renewed until all excise taxes and accrued interest, where applicable, with respect to the watercraft have been paid in accordance with this chapter.
Sec. B-60. 36 MRSA §1752, sub-§7, as amended by PL 1991, c. 546, §16, is further amended to read:
7. Motor vehicle. "Motor vehicle" means any self-propelled vehicle designed for the conveyance of passengers or property on the public highways. "Motor vehicle" includes an all-terrain vehicle as defined in Title 12, section 7851 and a snowmobile as defined in Title 12, section 7821 13001.
Sec. B-61. 36 MRSA §1760, sub-§23-C, ¶A, as enacted by PL 1999, c. 759, §2 and affected by §5, is amended to read:
A. Motor vehicles, except all-terrain vehicles as defined in Title 12, section 7851 and snowmobiles as defined in Title 12, section 7821 13001;
Sec. B-62. 36 MRSA §1760, sub-§25-A, as amended by PL 1995, c. 467, §15, is further amended to read:
25-A. All-terrain vehicles. All-terrain vehicles as defined in Title 12, section 7851 13001 purchased by a nonresident and intended to be driven or transported outside the State immediately upon delivery by the seller. The purchaser is exempt from use tax, unless the all-terrain vehicle is present in the State for more than 30 days during the 12-month period following the date of purchase or is registered in the State without being registered in another state within 12 months of the date of purchase;
Sec. B-63. 36 MRSA §1760, sub-§25-B, as enacted by PL 1995, c. 467, §16, is amended to read:
25-B. Snowmobiles. A snowmobile, as that term is defined in Title 12, section 7821 13001, subsection 5 25, purchased by a person who is not a resident of this State;
Sec. B-64. 36 MRSA §1952-A, as amended by PL 1995, c. 625, Pt. A, §50, is further amended to read:
§1952-A. Payment of tax on vehicles and watercraft
The tax imposed by chapters 211 to 225 on the sale or use of any vehicle or watercraft must, except where the dealer of the vehicle or watercraft has collected the tax in full, be paid by the purchaser or other person seeking registration of the vehicle or watercraft at the time and place of registration of the vehicle or watercraft. In the case of vehicles except snowmobiles and all-terrain vehicles, the tax must be collected by the Secretary of State and transmitted to the Treasurer of State as provided by Title 29-A, section 409. In the case of watercraft, snowmobiles and all-terrain vehicles, the tax must be collected by the Commissioner of Inland Fisheries and Wildlife and transmitted to the Treasurer of State as provided by Title 12, sections 7793-A to 7793-E, 7824-A to 7824-F or 7854-A to 7854-E 13002 to 13005.
Sec. B-65. 36 MRSA §1955-C, as amended by PL 1995, c. 467, §19, is further amended to read:
§1955-C. Assessment for vehicles
Certificates forwarded to the State Tax Assessor under Title 29-A, section 409, subsection 4 or Title 12, section 7793-C, 7824-F or 7854-C 13003, must be treated as returns filed under this Title for purposes of section 141.
Sec. B-66. 36 MRSA §2903-D, sub-§2, ¶A, as enacted by PL 2001, c. 693, §7 and as affected by §11, is amended to read:
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 1893, subsection 3, section 10206, subsection 2, section 13104, subsections 2 to 13 and section 13105, subsection 1; and
Sec. B-67. 36 MRSA §2903-D, sub-§3, ¶B, as enacted by PL 2001, c. 693, §7 and as affected by §11, is amended to read:
B. The ATV Recreational Management Fund, established in Title 12, section 7854 1893, subsection 4, paragraph B, 2 receives 50% of that amount.
Sec. B-68. 36 MRSA §5284, as amended by PL 1995, c. 639, §30, is further amended to read:
§5284. Nongame wildlife voluntary checkoff
1. Maine Endangered and Nongame Wildlife Fund. Taxpayers who, when filing their return, are entitled to a refund under this Part may designate that a part of that refund be paid into the Maine Endangered and Nongame Wildlife Fund established in Title 12, section 7757 10253. A taxpayer who is not entitled to a refund under this Part may contribute to the Maine Endangered and Nongame Wildlife Fund by including with that taxpayer's return sufficient funds to make the contribution. Each individual income tax return form must contain a designation in substantially the following form: "Contribution to Maine Endangered and Nongame Wildlife Fund: ( ) $5, ( ) $10, ( ) $25 or ( ) Other $ ."
2. Contributions credited to Maine Endangered and Nongame Wildlife Fund. The State Tax Assessor shall determine annually the total amount contributed pursuant to subsection 1. Prior to the beginning of the next year, he the assessor shall deduct the cost of administering the nongame checkoff, but not exceeding $5,000 annually, and report the remainder to the Treasurer of State, who shall credit that amount to the Maine Endangered and Nongame Wildlife Fund, which is established in Title 12, section 7757 10253.
Sec. B-69. 37-B MRSA §183, sub-§1, as amended by PL 1995, c. 600, §4, is further amended to read:
1. Activation of Maine National Guard. In the event of illness, injury, missing persons or loss of life, creating an emergency that requires specialized personnel or equipment of the Maine National Guard to prevent human suffering, increased health risk or loss of life, the Governor or the Governor's designee may order into active state service the necessary personnel and equipment of the Maine National Guard. Human health emergencies may include medical evacuation and search and rescue under Title 6, section 303 and Title 12, section 7035 10105, which may include providing emergency helicopter airlift service. Any person ordered into active state service, for the purposes of this subsection, is considered a state employee for purposes of the Maine Tort Claims Act and that person's liability is limited by that Act.
Sec. B-70. 38 MRSA §423, as amended by PL 1989, c. 502, Pt. B, §49, is further amended to read:
§423. Discharge of waste from watercraft
No A person, firm, corporation or other legal entity may not discharge, spill or permit to be discharged sewage, garbage or other pollutants from watercraft, as defined in Title 12, section 7791 13001, subsection 14 28, and including houseboats, into inland waters of this State, or on the ice thereof of inland waters, or on the banks thereof of inland waters in such a manner that the same may fall or be washed into such waters, or in such manner that the drainage therefrom from the sewage, garbage or other pollutants may flow into such waters.
Any watercraft, as defined in Title 12, section 7791 13001, subsection 14 28, including houseboats, operated upon the inland waters of this State and having a permanently installed sanitary waste disposal system shall must have securely affixed to the interior discharge opening of such sanitary waste disposal system a holding tank or suitable container for holding sanitary waste material so as to prevent its discharge or drainage into the inland waters of the State.
Sec. B-71. 38 MRSA §480-R, sub-§2, as amended by PL 1989, c. 546, §7 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §82, is further amended to read:
2. Enforcement. In addition to department staff, inland fisheries and wildlife game wardens, Department of Marine Resources marine patrol officers and all other law enforcement officers enumerated in Title 12, section 7055, 10401 shall enforce the terms of this article.
Sec. B-72. 38 MRSA §1861, sub-§3, as enacted by PL 2001, c. 434, Pt. A, §7, is amended to read:
3. Watercraft. "Watercraft" has the same meaning as in Title 12, section 7791 13001, subsection 14 28.
Sec. B-73. 38 MRSA §1863, as enacted by PL 2001, c. 434, Pt. A, §7, is amended to read:
§1863. Invasive Aquatic Plant and Nuisance Species Fund
The Invasive Aquatic Plant and Nuisance Species Fund, referred to in this section as the "fund," is created within the department as a nonlapsing fund. The fund is administered by the commissioner. The fund is funded from fees collected for lake and river protection stickers issued under Title 12, section 7794-B 13058, subsection 3 and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature. Money in the fund may be used only for costs related to conducting inspections under section 1862, conducting invasive aquatic plant prevention, containment, eradication and management activities and reimbursing agencies as necessary for costs associated with conducting or enforcing the provisions of this chapter and chapter 20-B. The commissioner may also use funds to contract with municipalities or other entities to conduct inspection, prevention or eradication programs to protect the inland waters of the State from invasive aquatic plant and nuisance species.
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