Not later than December 15, 2004, and not later than every 3rd December 15th thereafter, those commissioners shall jointly report in writing on the results of those surveys to the State Controller and the joint standing committees of the Legislature having jurisdiction over transportation, inland fisheries and wildlife, conservation and marine resource matters.__ Each report must include, but is not limited to, the survey estimate of the mean total gallons of gasoline purchased or used in this State by each of those user groups and a specific recommendation for the percentage of total gasoline tax revenues to be distributed to the Department of Conservation, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources for snowmobile, all-terrain vehicle and motorboat programs.

Sec. 5. 12 MRSA §7034, sub-§12 is enacted to read:

12.__Electronic storage of registration data.__The commissioner shall store and maintain all information required or included on registration forms for snowmobiles, watercraft and all-terrain vehicles, including the telephone number of the registrant, in an electronic database format that allows that information to be retrievable and used, among other lawful purposes determined appropriate by the commissioner, to facilitate survey procedures designed to estimate gasoline consumption by those vehicles.

Sec. 6. 12 MRSA §7794-D is enacted to read:

§7794-D.__Information on owners of unregistered motorboats

operating on inland waters

Beginning on January 1, 2003, the commissioner shall ensure that the name, address and telephone number of the owner of any motorboat that is not required to be registered in the State but

that operates on the inland waters of the State are collected at the time that person, or that person's agent, purchases a lake and river protection sticker.__The commissioner shall store and maintain the information collected under this section in accordance with section 7034, subsection 12.

Sec. 7. 36 MRSA §2903-A, as amended by PL 1999, c. 127, Pt. A, §50, is repealed.

Sec. 8. 36 MRSA §2903-B, as amended by PL 1995, c. 502, Pt. E, §30, is repealed.

Sec. 9. 36 MRSA §2903-C, as enacted by PL 1995, c. 446, §2, is repealed.

Sec. 10. 36 MRSA §§2903-D and 2903-E are 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.__ The Legislature finds that the percentage of gasoline taxes attributable to motorboats is not less than 1.443% of total gasoline tax revenues collected in fiscal year 2000-01 after subtracting all refunds for commercial motorboats. Based on that legislative finding, that percentage of total gasoline tax revenues is distributed among the following agencies in the following manner:

A.__The Commissioner of Marine Resources receives 27.27% for research, development and propagation activities of the department.__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 72.73% of that amount.

2.__Snowmobiles.__The Legislature finds that the percentage of gasoline taxes attributable to snowmobiles is not less than 0.749% of total gasoline tax revenues collected in fiscal year 2000-01. Based on that legislative finding, that percentage of total gasoline tax revenues 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.__The Legislature finds that the percentage of gasoline taxes attributable to all-terrain vehicles is not less than 0.173% of total gasoline tax revenues collected in fiscal year 2000-01. Based on that legislative finding, that percentage of total gasoline tax revenues is distributed among the following agencies in the following manner:

A.__The Commissioner of Inland Fisheries and Wildlife receives 50% of that amount, to be used by the commissioner for expenses associated with the enforcement of state laws regulating the recreational use of all-terrain vehicles; 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.

§2903-E.__Certification of gas tax distributions for nonhighway

recreational vehicle use by State Controller

Beginning in January 2005, and every 3rd January thereafter, the State Controller shall review the survey results reported pursuant to Title 12, section 7020-A and shall, based on those survey results, certify to the State Tax Assessor the specific percentages of total gasoline tax revenues attributable to snowmobiles, motorboats and all-terrain vehicles.__ Notwithstanding section 2903-D, the percentages certified by the State Controller under this section are the percentages of total gasoline tax revenues that are to be distributed to the

Department of Conservation, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources for snowmobile, motorboat and all-terrain vehicle programs.__The percentages certified by the State Controller apply beginning July 1st of the year in which the State Controller certifies those percentages and continue to apply until July 1st of the year in which the State Controller subsequently certifies new percentages based on updated survey results.__The State Tax Assessor shall certify to the State Controller by the 15th day of each month the amounts to be credited under this section as of the close of the State Controller's records for the previous month.

Sec. 11. 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. 12. 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.

SUMMARY

This bill implements the unanimous and the majority recommendations of the Commission to Study Equity in the Distribution of Gasoline Tax Revenues Attributable to Snowmobiles, All-terrain Vehicles and Watercraft and is reported pursuant to Resolve 2001, chapter 68. The Constitution of Maine, Article IX, Section 19, requires that taxes on fuels used for the propulsion of vehicles on public highways must be used for certain costs associated with highways. Taxes collected on fuels used for other purposes are not required to be so used.

Surveys conducted for the commission show that gasoline use by recreational snowmobilers, all-terrain vehicle users and boaters is generating approximately $1,100,000 per year more in gasoline tax revenues than is being allocated to the state agencies that support those outdoor recreational activities and that help protect the public safety and the State's natural resources by enforcing the laws regulating the use of those vehicles. This bill creates greater equity in the distribution of gasoline tax revenues by immediately increasing annual gasoline tax allocations to those agencies by 50% of that amount in fiscal years 2002-03, 2003-04 and 2004-05, while ensuring full equity over the longer term by establishing a process that will result in the allocation of 100% of the excise taxes for gasoline paid by those users back to the programs that support those activities beginning in fiscal year 2005-06.

The process established to ensure equity in the distribution of gasoline tax revenues attributable to snowmobiles, all-terrain vehicles and watercraft requires that the Department of Transportation, the Department of Conservation, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources jointly conduct surveys every 3 years to determine the amount of gasoline consumed by each of those user groups. After reviewing those results, the State Controller certifies to the State Tax Assessor the specific percentage of total gasoline excise tax revenues that is to be allocated to the agencies administering those programs.

The bill also requires the Commissioner of Inland Fisheries and Wildlife to maintain snowmobile, watercraft and all-terrain vehicle registration data, including the telephone number of the registrant, in an electronic database format that can be used for future surveys designed to estimate gasoline consumption by those vehicles and requires the commissioner, beginning in January

2003, to obtain the name, address and phone number of nonresident boaters who operate motorboats on inland waters and who purchase a lake and river protection sticker.

The bill also requires the Department of Conservation, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources to update, every 5 years, their "Public Access to Maine Waters Strategic Plan" and their snowmobile and ATV needs assessment. Reports on the Public Access to Maine Waters Strategic Plan 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 and reports on snowmobile and all-terrain vehicle needs assessments 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.