SP0776
LD 1982
First Special Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 2852
Item 2
Bill Tracking Chamber Status

Amend the bill by inserting after the enacting clause and before section 1 the following:

Sec. 1. 5 MRSA §12004-I, sub-§70,  as amended by PL 2003, c. 414, Pt. B, §10 and affected by c. 614, §9, is repealed.

Amend the bill in section 1 in subsection 53 in the 2nd line (page 1, line 5 in L.D.) by inserting after the following: "States" the following: ' or an alien who has been domiciled in the State for one year'

Amend the bill by inserting after section 1 the following:

Sec. 2. 12 MRSA §10156, sub-§3, ¶B,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

B. At the request of the commissioner, to conduct an examination of applicants for the whitewater guide's license as provided in section 12909, except that oral examinations are conducted by 2 members; and

Sec. 3. 12 MRSA §10156, sub-§3, ¶C,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

C. To advise the commissioner on granting and revoking whitewater guide's licenses . ; and

Sec. 4. 12 MRSA §10156, sub-§3, ¶D  is enacted to read:

D To advise the commissioner on establishing and reviewing safety requirements for whitewater trips, developing a safety information program and reviewing the safety record of whitewater guides and outfitters.

Sec. 5. 12 MRSA §10254, sub-§2,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

Sec. 6. 12 MRSA §10259, sub-§3,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

3. Budget.   The expenditures from the fund are subject to legislative approval in the same manner as the General Fund budgets of the department and the Department of Conservation, Bureau of Parks and Lands are approved. The department and the Department of Conservation, Bureau of Parks and Lands shall report annually, before February 1st, to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters on its planned expenditures for the next fiscal year, its actual and planned expenditures for the current fiscal year and its final expenditures for the last fiscal year.

Amend the bill by inserting after section 3 the following:

Sec. 4. 12 MRSA §10853, sub-§4,  as amended by PL 2005, c. 477, §2, is further amended to read:

4. Resident disabled veteran.   A resident disabled veteran may apply to the commissioner for one or more of the following complimentary permits and licenses: a license to hunt with a firearm, a license to trap, a license to fish, archery hunting licenses as provided in section 11109, subsection 7, a pheasant hunting permit as provided in section 11156, a muzzle-loading hunting permit as provided in section 11109, subsection 4, a migratory waterfowl permit under section 11157, a bear hunting permit under section 11151 obtain upon application, at no cost, all hunting, trapping and fishing licenses, including permits, stamps and other permission needed to hunt, trap and fish, and, upon meeting the qualifications as established in section 12853, subsection 4, a guide license. The commissioner shall issue the permit or permits or license or licenses all fishing, trapping and hunting licenses and permits requested under this subsection if the commissioner determines the applicant is a resident disabled veteran and is not otherwise ineligible to hold that permit or license. For the purposes of this subsection, "resident disabled veteran" means a person who:
A. Is a resident as defined in section 10001, subsection 53;
B. Is a veteran as defined in Title 37-B, section 505, subsection 2, paragraph A, subparagraph (3); and
C. Has a service-connected disability evaluated at:

(1) One hundred percent; or

(2) Seventy percent or more as a result of honorable military service and who has served in a combat zone during any armed conflict in which participants were exposed to war risk hazards as defined in 42 United States Code, Section 1711 (b).

Each application must be accompanied by satisfactory evidence that the applicant meets the requirements of this subsection. An applicant for a license or permit under this section is subject to the provisions of this Part, including, but not limited to, a lottery or drawing system for issuing a particular license or permit. A permit or license issued under this subsection remains valid for the life of the permit or license holder, as long as the permit or license holder continues to satisfy the residency requirement in section 10001, subsection 53 and the permit or license is not revoked or suspended.

Sec. 5. 12 MRSA §10853, sub-§14,  as enacted by PL 2007, c. 463, §2, is amended to read:

14.  Game warden killed in line of duty.   A complimentary license to hunt , trap and fish , including permits, stamps and other permissions needed to hunt, may be issued, upon application, to the spouse or child of a game warden who has been killed in the line of duty. These licenses must be issued in accordance with criteria established by the Maine Chiefs of Police Association and the Maine Law Enforcement Officer Memorial board, upon confirmation by the Game Warden Colonel that the applicant is qualified for such a license.

Sec. 6. 12 MRSA §12460-A, sub-§3,  as enacted by PL 2005, c. 547, §1, is amended to read:

3. Repeal.   This section is repealed July 1, 2009 2012.

Sec. 7. 12 MRSA §12763, sub-§3, ¶C,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

Sec. 8. 12 MRSA §12804, sub-§4,  as amended by PL 2003, c. 573, §7 and affected by c. 614, §9, is repealed.

Sec. 9. 12 MRSA §12910, sub-§3,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

Sec. 10. 12 MRSA §12910, sub-§4,  as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §333 and affected by §422, is repealed.

Sec. 11. 12 MRSA §12910, sub-§5,  as enacted by PL 2003, c. 655, Pt. B, §334 and affected by §422, is repealed.

Sec. 12. 12 MRSA §13104, sub-§12-A, ¶A,  as enacted by PL 2003, c. 655, Pt. B, §389 and affected by §422, is amended to read:

A. A person shall:

(1) Provide a registration certificate or an online registration receipt for inspection by any law enforcement officer on demand; and

(2) Display a registration number assigned to a snowmobile in such form and manner as the commissioner may determine, except that an antique snowmobile is not required to display registration numbers. A person may operate a snowmobile registered online without displaying a registration number until that person receives the registration certificate from the department or for 30 days after registering the snowmobile online, whichever occurs first.

Sec. 13. 12 MRSA §13106-A, sub-§26,  as enacted by PL 2005, c. 73, §1, is amended to read:

26. Operating snowmobile left of center of snowmobile trail.   A person may not operate a snowmobile to the left of the center on a snowmobile trail that is funded in whole or part by the Snowmobile Trail Fund when approaching or navigating a curve, corner, grade or hill. For purposes of this subsection, "snowmobile trail" means a trail that is at least wide enough to allow 2 snowmobiles to pass safely in opposite directions and where the snow over the entire width of the trail has been mechanically packed and groomed for the purpose of snowmobile traffic.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.
B. 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.’

Amend the bill by inserting after section 5 the following:

Sec. 6. 38 MRSA §969, sub-§4,  as enacted by PL 1997, c. 330, §1, is amended to read:

4. Reporting requirements.   The commission shall submit a report by February 1, 1998 and each subsequent year to the joint standing committees of the Legislature having jurisdiction over natural resources matters, energy and utilities matters , fisheries and wildlife matters and appropriations and financial affairs, identifying the amount collected and how the fund was disbursed by the commission.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment:

1. Restores the provision that the definition of "resident" under the fish and wildlife laws includes an alien who has been domiciled in the State for one year, which was inadvertently removed by the bill;

2. Repeals the laws establishing the Whitewater Safety Committee and puts the duties of that committee under the Advisory Board for the Licensing of Whitewater Guides;

3. Amends current law to clarify that the complimentary licenses issued to family members of a game warden killed in the line of duty include a trapping license and all licenses, permits, stamps and other permissions needed to hunt;

4. Clarifies that complimentary hunting licenses issued to resident disabled veterans include all licenses, permits, stamps and other permissions needed to hunt, fish and trap;

5. Provides that a person may operate a snowmobile registered online without displaying a registration number until that person receives the registration certificate from the department or for 30 days after registering the snowmobile online, whichever occurs first;

6. Provides a definition for "snowmobile trail" for purposes of the prohibition on operating a snowmobile left of the center on a snowmobile trail;

7. Changes the repeal date of the law that allows smelting on Mud Brook from July 1, 2009 to July 1, 2012; and

8. Repeals provisions of the law that require certain reports regarding endangered species, whitewater rafting, gill nets, the Maine Wildlife Park Fund and the Saco River Corridor Fund to be submitted to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters.


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