Amend the bill by inserting after the title and before the enacting clause the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, approximately 90% of the land used by the public for outdoor recreational activities is privately owned; and
Whereas, this legislation needs to take effect prior to the next hunting season to enhance landowner relations; 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,’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 12 MRSA §11227, sub-§2, as enacted by PL 2009, c. 70, §1, is amended to read:
Sec. 2. 12 MRSA §11228 is enacted to read:
Sec. 3. 12 MRSA §11301, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §156 and affected by §422, is further amended to read:
Sec. 4. 17-A MRSA §402, sub-§4, ¶B, as enacted by PL 1995, c. 529, §2, is amended to read:
B. Paint markings mean that access is prohibited without permission of the landowner or the landowner's agent. Paint markings must consist of 2 painted horizontal lines per tree, post or other object.
(1) Each line must be a minimum of 2 inches high and at least as long as the width of the object, but need not be more than 8 inches long.
(2) Lines must be painted on the side of the tree, post or other object that is visible to a person approaching the restricted property and must be painted within an area 3 feet to 6 feet above ground level.
(3) The paint must be silver or aluminum colored.
This paragraph is repealed September 12, 2012.
Sec. 5. 17-A MRSA §402, sub-§4, ¶B-1 is enacted to read:
B-1. Paint markings made pursuant to this paragraph mean that access is prohibited without permission of the landowner or the landowner's agent. Paint markings made pursuant to this paragraph must consist of a conspicuous vertical line at least one inch in width and at least 8 inches in length and must be placed so that the bottoms of the marks are not less than 3 feet from the ground or more than 5 feet from the ground at locations that are readily visible to any person approaching the property and no more than 100 feet apart. Paint markings may be placed on trees, posts or stones as described in this paragraph. The Department of Conservation, Bureau of Forestry shall adopt rules to determine the color and type of paint that may be used to post property pursuant to this paragraph. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
This amendment replaces the bill and:
1. Adds an emergency preamble and clause;
2. Provides that a person may not place or hunt over bait without the oral or written permission of the landowner or the landowner's agent;
3. Provides that a person may not hunt bear, coyote or bobcat with a dog unless the dog has a collar that legibly provides the name, telephone number and address of the owner of that dog;
4. Prohibits the use of a dog to hunt a coyote during the period from 30 minutes after sunset to 30 minutes before sunrise;
5. Limits the number of dogs a person or persons may use to hunt coyotes or bobcats to 6 dogs; and
6. Adds another method of posting private property to the current method of horizontal silver paint stripes by allowing a vertical paint mark with the color and type of paint determined by the Department of Conservation, Bureau of Forestry. The amendment repeals the current silver paint marking provisions September 12, 2012.