An Act To Give the Commissioner of Inland Fisheries and Wildlife the Authority To Allow the Operation of Snowmobiles Registered outside the State at Special Events Occurring in the State
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect as soon as possible in order to apply to the 2004-2005 snowmobiling season; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §13104, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §386 and affected by §422, is further amended to read:
1. Operating unregistered snowmobile. Except as provided in this subsection, subsection 7 and section 13112, a person may not operate a snowmobile that is not registered in accordance with this section.
A. A registration is not required for a snowmobile operated over the snow on land on which the owner lives or on lands land on which the owner is domiciled, provided the snowmobile is not operated elsewhere within the jurisdiction of this State.
B. A registration is not required for a snowmobile operated by a commercial ski area for the purpose of packing snow or for rescue operation operations thereon, unless the snowmobile is required to cross a public way during that operation.
C. Snowmobiles owned and operated in this State by the Federal Government, the State or a political subdivision of the State are exempt from registration fees, but must be registered and required to display numbers.
D. Registration is not required to field test repairs to a snowmobile if valid snowmobile repair shop number plates issued under section 13110 are affixed to the snowmobile during the field test and the snowmobile is not owned by the snowmobile repair shop or any repair shop employee.
E. Registration is not required to field test repairs to a snowmobile when the snowmobile is tested on the premises of a snowmobile repair shop when the snowmobile repair shop is open and the snowmobile is not owned by the snowmobile repair shop or any repair shop employee.
F. The following penalties apply to violations of this subsection.
(1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. 2. 12 MRSA §13104, sub-§7, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §387 and affected by §422, is further amended to read:
7. Snowmobiles of nonresidents. Except as specifically provided in this subsection, and notwithstanding any other provision of law, a snowmobile belonging to a nonresident may be possessed or operated by any person in this State as long as the snowmobile is properly registered in this State in the name of a nonresident owner of the snowmobile.
A nonresident is ineligible to obtain a resident registration for a snowmobile owned by that nonresident. Nothing in this subsection authorizes the operation of a snowmobile in a manner contrary to this chapter. Snowmobiles and grooming equipment registered to a federal or state entity, snowmobile clubs, municipalities or counties from bordering states or provinces and engaged in trail grooming may be operated without being registered under this subsection. Snowmobiles registered in either New Hampshire or Canada may be operated on any lake or pond that is both partly in the State and New Hampshire or Canada without being registered in the State. Snowmobiles registered in another state or in a Canadian province may be operated without a Maine registration at a special event or festival organized to occur in this State if such operation is approved by the commissioner. An event or festival organizer must submit a request in writing to the commissioner 60 days prior to the event or festival and shall include a map of the trails where operation will be allowed.
Sec. 3. 12 MRSA §13104, sub-§11, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective January 18, 2005.
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