Sec. 1. 12 MRSA §8870 is enacted to read:

§8870.__Penalties

1. Civil violation.__A person who violates a rule adopted pursuant to section 8869, subsection 14 or a condition or term of a permit, variance or decision issued by the director or the commissioner in accordance with rules adopted pursuant to section 8869, subsection 14 commits a civil violation.

2.__Penalty.__Except as provided in subsection 3, the following penalties apply to violations of this section.

A.__A person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged for each day of that violation.

B.__A person who violates this section after having previously been adjudicated of a violation of this section within the previous 5-year period commits a civil violation for which a fine of not less than $1,000 but not more than $2,000 may be adjudged for each day of that violation.

3.__Economic benefit.__If the economic benefit resulting from the violation exceeds the applicable penalties under subsection 2, the maximum fines may be increased.__The maximum fine may not exceed an amount equal to twice the economic benefit resulting from the violation.__The bureau shall consider as economic benefit, without limitation, the costs avoided or the enhanced value accrued at the time of the violation by the violator as a result of not complying with the applicable legal requirements.

4. Effective date.__This section takes effect January 2, 2005.

SUMMARY

This bill is the report of the Joint Standing Committee on Agriculture, Conservation and Forestry. It enacts a penalty for a violation of rules adopted to substantially eliminate liquidation harvesting. The penalty section becomes effective on the date the Maine Forest Service rules become effective.

FISCAL NOTE REQUIRED

(See attached)