This minimum fine may not be suspended, but it may be reduced by the amount of the disposal fee paid by the transporter for disposal of the truckload of tires at a licensed waste facility.__ Notwithstanding Title 17-A, section 1301, the maximum fine under this subsection is not more than $10,000 per violation.

Sec. W-11. 38 MRSA §1316-M, sub-§5 is enacted to read:

5.__Transporting after summons or arrest.__A person who, after being issued a summons or arrested for a violation of the license or manifest requirements, transports the scrap tires to an unlicensed, nonexempt waste facility commits a Class D crime.__ Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.__ Notwithstanding Title 17-A, section 1301, the maximum fine under this subsection is not more than $25,000 per violation.

PART X

Sec. X-1. 14 MRSA §5604 is enacted to read:

§5604.__Monetary sanctions

1.__Designation.__A monetary sanction authorized by law and imposed by the court for a civil violation may be designated a "fine," "penalty," "forfeiture," "surcharge" or "assessment" or may be designated by another similar term.

2.__Civil violation.__Use of the terminology under subsection 1 in describing a monetary sanction for a civil violation does not limit or prohibit the application of Title 17-A, section 4-B, subsection 3.

Sec. X-2. Effective Date. This Act takes effect July 1, 2004 except that section of this Part that enacts the Maine Revised Statutes, Title 14, section 5604 takes effect 90 days after adjournment of the First Regular Session of the 121st Legislature.