HP1454, LD 2043, item 1, An Act To Reclassify Certain Offenses under the Inland Fisheries and Wildlife Laws and Motor Vehicle Laws and Increase the Efficiency of the Criminal Justice System

An Act To Reclassify Certain Offenses under the Inland Fisheries and Wildlife Laws and Motor Vehicle Laws and Increase the Efficiency of the Criminal Justice System

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. 12 MRSA §10605, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §64 and affected by §422, is further amended to read:

1. Habitual violator defined. For purposes of this section, "habitual violator" means a person whose record, as maintained by the department, shows that:

A. The person has been convicted of 3 or more criminal violations under this Part , 3 or more civil violations under this Part or 3 or more violations under this Part of which at least one is a criminal violation and at least one is a civil violation within the previous 5-year period, except that, whenever more than one criminal violation is or more than one civil violation or multiple violations of which at least one is a criminal violation and at least one is a civil violation are committed at the same time, multiple convictions are deemed to be one offense ; or .

B. The person has been adjudicated as having committed 3 or more civil violations under this Part and convicted of 2 or more Class E crimes as a result of such prior adjudications within the previous 5-year period.

Sec. A-2. 12 MRSA §11109, sub-§1, as amended by PL 2015, c. 281, Pt. A, §4, is further amended to read:

1. License required. Except as otherwise authorized pursuant to this Part, a person may not engage in an activity for which a license may be issued under this section unless that person has a valid license issued under this section. An electronic license or permit fulfills the requirement under this subsection that a person must have a physical paper license or permit if the electronic license or permit can be displayed upon request to a game warden or other law enforcement officer, an employee of the department, a registered Maine guide or the owner of the land on which the licensed activity is taking place. Each Except as otherwise provided in this section, each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.

Sec. A-3. 12 MRSA §11109, sub-§3, ¶A, as amended by PL 2017, c. 164, §8, is further amended to read:

A. A resident junior hunting license, for a person under 16 years of age, is $8 and permits hunting of all legal species, subject to the permit requirements in subchapter 3. Notwithstanding the permit fees established in subchapter 3, a resident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A license holder under this paragraph who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must have included in that person's license one antlerless deer permit and one either-sex permit. A resident junior hunting license does not exempt the holder of the license from lottery-related application requirements under this Part. A resident under 16 years of age who hunts without a resident junior hunting license commits a civil violation punishable by a fine of $50 for each day of violation.

Sec. A-4. 12 MRSA §11109, sub-§3, ¶F, as amended by PL 2019, c. 501, §8, is further amended to read:

F. A nonresident junior hunting license, for a person under 16 years of age, is $35 and permits hunting of all legal species, subject to the permit requirements in subchapter 3. Notwithstanding the permit fees established in subchapter 3, a nonresident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A license holder under this paragraph who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must have included in that person's license one antlerless deer permit and one either-sex permit. A nonresident junior hunting license does not exempt the holder of the license from lottery-related application requirements under this Part. A nonresident under 16 years of age who hunts without a nonresident junior hunting license commits a civil violation punishable by a fine of $70 for each day of violation.

Sec. A-5. 12 MRSA §11159, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

1. Permit required. Except as otherwise authorized in this Part, a person may not engage in the practice of falconry unless that person has a valid permit issued under this section. Each day a person violates this subsection that person commits a Class E crime civil violation for which a minimum fine of $50 and an amount equal to twice the applicable license fee must may be imposed.

Sec. A-6. 12 MRSA §11212-A, sub-§5, as amended by PL 2019, c. 325, §4, is further amended to read:

5. Possession of wild animals or wild birds. A person may not possess a wild animal or wild bird taken in violation of subsection 2 or 3, except as otherwise provided in this Part. A person who possesses a wild animal or wild bird in violation of this subsection commits a civil violation punishable by a fine of up to $300.

Sec. A-7. 12 MRSA §11212-A, sub-§6, as enacted by PL 2017, c. 176, §2, is amended to read:

6. Penalty. Except as provided in subsection 5, a person who violates this section commits a Class E crime.

Sec. A-8. 12 MRSA §11214, sub-§1, ¶F, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

F. Hunt migratory game birds with a shotgun of any description originally capable of holding more than 3 shells, unless the shotgun's magazine has been cut off, altered or plugged with a one-piece filler incapable of removal without disassembling the gun so as to reduce the capacity of the gun to not more than 3 shells in the magazine and chamber combined. A person who violates this paragraph commits a civil violation punishable by a fine of up to $100. This paragraph does not apply to:

(1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty;

Sec. A-9. 12 MRSA §11214, sub-§1, ¶I, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

I. Allow duck decoys to remain in waters of Merrymeeting Bay at any time during the period from one hour after legal shooting time until one hour before legal shooting time the next day . A person who violates this paragraph commits a civil violation punishable by a fine of up to $50;

Sec. A-10. 12 MRSA §11214, sub-§1, ¶J, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

J. Leave or allow to remain in waters of Merrymeeting Bay an artificial cover, that is, a "stationary blind," or parts of an artificial cover used for hunting purposes between one hour after legal shooting time and one hour before legal shooting time the next day . A person who violates this paragraph commits a civil violation punishable by a fine of up to $50;

Sec. A-11. 12 MRSA §11214, sub-§2, as enacted by PL 2003, c. 655, Pt. B, §146 and affected by §422, is amended to read:

2. Penalty. A Except as provided in subsection 1, paragraphs F, I and J, a person who violates subsection 1 commits a Class E crime.

Sec. A-12. 12 MRSA §11301, sub-§2, as enacted by PL 2003, c. 655, Pt. B, §157 and affected by §422, is amended to read:

2. Penalty. A person who violates subsection 1 commits a civil violation punishable by a fine of up to $125. A person who violates this section subsection 1-A commits a Class E crime.

Sec. A-13. 12 MRSA §11302, sub-§3, as enacted by PL 2003, c. 655, Pt. B, §158 and affected by §422, is amended to read:

3. Penalty. A person who violates this section commits a Class E crime civil violation punishable by a fine of up to $150.

Sec. A-14. 12 MRSA §12051, sub-§1, as repealed and replaced by PL 2013, c. 588, Pt. A, §16, is amended to read:

1. Open training season. Unless otherwise provided in this Part, a person may not train dogs on wild birds and wild animals except as follows.

A. A person may train dogs on foxes, snowshoe hare and raccoons from July 1st through the following March 31st, including Sundays.

B. A person may train sporting dogs on wild birds at any time, including Sundays.

C. A resident may train up to 6 dogs at any one time on bear from July 1st to the 4th day preceding the open season on hunting bear, except in those portions of Washington County and Hancock County that are situated south of Route 9.

Except on Sundays, a person may not engage in activities authorized under this subsection unless that person possesses a valid hunting license issued under section 11109. A person may train dogs on pen-raised birds at any time without a license. For the purpose of this subsection, "pen-raised birds" includes, but is not limited to, quail, pheasant, pigeons and Hungarian partridge.

A person who violates this subsection commits a Class E crime civil violation punishable by a fine of up to $100.

Sec. A-15. 12 MRSA §12051, sub-§6, as enacted by PL 2013, c. 247, §2 and c. 286, §2, is amended to read:

6. Effect of revocation. A person may not train dogs under this section if that person has a suspended or revoked license pursuant to section 10902. A person who violates this subsection commits a civil violation punishable by a fine of up to $100.

Sec. A-16. 12 MRSA §12054, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

2. Rabbit hound field trials. A person may not hold field trials for beagles and other rabbit hounds except from September 1st through the following April 10th. A person who violates this subsection commits a Class E crime civil violation punishable by a fine of up to $100.

Sec. A-17. 12 MRSA §12055, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

1. License required. A club or organization may not hold field trials as provided under this section unless the club or organization has a valid license issued under this section. Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and civil violation for which a fine in an amount equal to twice the applicable license fee must may be imposed.

Sec. A-18. 12 MRSA §12101, sub-§1-A, as enacted by PL 2003, c. 655, Pt. B, §199 and affected by §422, is amended to read:

1-A. License required. A person may not charge others for the opportunity to hunt mallard ducks, pheasants, quail, Chukar partridge and Hungarian partridge in an area or establish a commercial shooting area for such purposes unless that person has a valid license issued under this section. Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and civil violation for which a fine in an amount equal to twice the applicable license fee must may be imposed.

A. Nothing in this subsection prohibits the operator of a commercial shooting area from authorizing a person to hunt other wild birds or wild animals in the commercial shooting area during the regular open season on those species, in accordance with this Part, as long as the person possesses a valid state hunting license that allows the hunting of those wild birds and wild animals.

Sec. A-19. 12 MRSA §12508, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

1. License required. A person who owns a private pond may not charge others for the opportunity to fish in that private pond unless the owner of that pond possesses a valid private fee pond license issued by the commissioner under this section.

Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and civil violation for which a fine in an amount equal to twice the applicable license fee must may be imposed.

Sec. A-20. 12 MRSA §12551-A, sub-§5, ¶B, as enacted by PL 2003, c. 655, Pt. B, §259 and affected by §422, is amended to read:

B. The holder of a live bait retailer's license:

(1) May not take or possess for the purposes of retail sale live baitfish or smelts from the inland waters of the State or private ponds;

(2) Shall present a receipted invoice, bill of lading, bill of sale or other satisfactory evidence of the lawful possession of live baitfish or smelts for retail sale to any agent of the commissioner upon request . A person who violates this subparagraph commits a civil violation punishable by a fine of up to $175; or

(3) May not possess at that person's place of business any species of fish that may not legally be sold as bait.

Each Except as provided in subparagraph (2), each day a person violates this paragraph that person commits a class Class E crime.

Sec. A-21. 12 MRSA §12551-A, sub-§6, ¶B, as enacted by PL 2003, c. 655, Pt. B, §259 and affected by §422, is amended to read:

B. The holder of a baitfish wholesaler's license may not:

(1) When engaged in taking, or assisting in taking, live baitfish for resale from inland waters, fail to exhibit a baitfish wholesaler's license to any agent of the commissioner upon request . A person who violates this subparagraph commits a civil violation punishable by a fine of up to $175;

(2) Take baitfish other than by use of a seine as defined in section 10001, subsection 55; a baitfish trap as defined in section 10001, subsection 7; a dip net, a drop net, a lift net or a bag net; or by hook and line;

(3) Attempt to take live bait for resale from the inland waters of the State by fishing through the ice using drop nets unless the holder marks all holes made in the ice by the holder for that purpose. The holes must be marked by suspending at least one strand of fluorescent biodegradable tape at least 3 feet above the ice around the entire perimeter of the hole so that the tape is visible from all sides;

(4) Take eels;

(5) Take or sell suckers, Genus Catostomus, greater than 10 inches in length between April 1st and September 30th of each year; or

(6) Possess at that person's place of business any species of fish that may not legally be sold as bait.

Each Except as provided in subparagraph (1), each day a person violates this paragraph that person commits a class Class E crime.

Sec. A-22. 12 MRSA §12551-A, sub-§7, ¶B, as amended by PL 2005, c. 237, §3, is further amended to read:

B. The holder of a smelt wholesale dealer's license may not:

(1) When engaged in taking, or assisting in taking, live smelts for resale from inland waters, fail to exhibit the license to any agent of the commissioner upon request . A person who violates this subparagraph commits a civil violation punishable by a fine of up to $175;

(2) Take multiple bag limits from waters governed by general rules regulating the taking of smelts in order to attain the 8-quart limit of smelts described in paragraph A, subparagraph (2);

(3) Use a seine to take smelts;

(4) Transport or possess at the holder's business facility more than the daily bag limit of smelts at any time unless the smelts were acquired in accordance with paragraph A, subparagraph (4). If the smelts were purchased from another person, the license holder must present a receipted invoice, bill of lading or bill of sale to any agent of the commissioner upon request;

(5) Transport from an inland water source to the licensee's place of business more than 8 quarts of live smelts;

(6) Permit any person to transport live smelts on the license holder's behalf directly from an inland water source;

(7) Attempt to take from the inland waters of the State live smelts for resale using drop nets through the ice unless the license holder marks all holes made in the ice by that license holder for that purpose. The holes must be marked either by evergreen boughs placed around the hole or by suspending at least one strand of fluorescent biodegradable tape at least 3 feet above the ice around the entire perimeter of the hole so that the tape is visible from all sides;

(8) Take smelts unless the holder uses an operable commercially manufactured number 14 fish grader to sort smelts by size during the taking of smelts. The holder shall liberate immediately all undersized smelts alive into the waters from which they were taken. For the purpose of this subparagraph, a commercially manufactured number 14 grader is a grader having a minimum grate size of 14/64 inches and that allows smelts to pass through at least 2 sides and the bottom of the grader. The commissioner may adopt rules to amend the grate size restrictions under this subparagraph if the commissioner determines such rules are necessary for conservation or enforcement purposes;

(9) Possess at that person's place of business any species of fish that may not legally be sold as bait;

(10) Use particles of food or any other type of bait or lure except light to lure smelts to a drop net or a lift net; or

(11) Use a dip net to take smelts unless that dip net meets the requirements under section 10001, subsection 12-A.

Each Except as provided in subparagraph (1), each day a person violates this paragraph that person commits a Class E crime.

PART B

Sec. B-1. 29-A MRSA §351, sub-§1, ¶B, as amended by PL 2001, c. 671, §3, is further amended to read:

B. A Class E crime civil violation punishable by a fine of up to $50 if the vehicle was not registered or the registration has been expired for 150 days or more.

Sec. B-2. 29-A MRSA §956, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

6. Penalty. Violation of this section subsection 4 is a Class E crime. Violation of subsection 1, 2 or 5 is a civil violation punishable by a fine of $250.

Sec. B-3. 29-A MRSA §1251, sub-§1, as amended by PL 2013, c. 24, §1, is further amended to read:

1. Violation. Except as provided in section 510, subsection 1, a person commits an offense of operating a motor vehicle without a license if that person operates a motor vehicle on a public way or parking area:

A. Without being licensed. Violation of this paragraph is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A civil violation punishable by a fine of up to $75;

B. In violation of a condition or restriction on the license. Violation of this paragraph is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A civil violation punishable by a fine of up to $50;

C. Without a license issued by this State if a resident of this State for more than 30 days but fewer than 90 days. Violation of this paragraph is a traffic infraction;

D. Without a license issued by this State if a resident of this State for more than 90 days. Violation of this paragraph is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A civil violation punishable by a fine of up to $75; or

E. Unless a permit is issued pursuant to subsection 7, with a license issued by this State that expired within the previous 90 days. Violation of this paragraph is a traffic infraction.

Sec. B-4. 29-A MRSA §1251, sub-§1-A, ¶B, as enacted by PL 1999, c. 771, Pt. C, §9 and affected by Pt. D, §§1 and 2, is amended to read:

B. A Class E crime civil violation punishable by a fine of up to $75 if the person has been a resident for at least 90 days.

Sec. B-5. 29-A MRSA §1252, sub-§7, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

7. Violation. A person commits a Class E crime civil violation punishable by a fine of up to $150 if that person operates a vehicle not included within the class of license issued to that person.

Sec. B-6. 29-A MRSA §1603, sub-§9, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

9. Return license, certificates and plates. A person whose license or registration has been suspended shall immediately return every license, registration certificate and registration plate issued to that person to the Secretary of State. A person commits a Class E crime civil violation punishable by a fine of up to $50 if that person, after notice of suspension, fails or refuses to return every license, registration certificate and registration plate.

Sec. B-7. 29-A MRSA §1605, sub-§6, as amended by PL 2017, c. 165, §5, is further amended to read:

6. Operating without giving proof. A person commits a Class D crime civil violation punishable by a fine of $50 if that person is required to maintain proof of financial responsibility and, without authorization from the Secretary of State and without that proof, operates a vehicle or knowingly permits a vehicle owned by that person to be operated by another on a public way.

Sec. B-8. 29-A MRSA §1859, as amended by PL 1995, c. 65, Pt. A, §104 and affected by §153 and Pt. C, §15, is further amended to read:

§ 1859. Removal of vehicle

Removal of a vehicle described in section 1851 or of any part or accessory from the vehicle without the written consent of the person in charge or the owner of the premises or property where the vehicle is located is a Class E crime civil violation punishable by a fine of $75. This section applies to all persons, including the owner of the vehicle.

Sec. B-9. 29-A MRSA §1860, as enacted by PL 1995, c. 65, Pt. A, §105 and affected by §153 and Pt. C, §15, is amended to read:

§ 1860. Abandonment on an island

A person may not abandon a motor vehicle on any property on an island without consent of the owner of the property. The State, municipality or other political subdivision having jurisdiction over the island may order the owner of a vehicle illegally abandoned on an island to remove it at the vehicle owner's expense. If the owner of the vehicle refuses to remove the motor vehicle, or if the owner is unknown, the State or political subdivision may cause the vehicle to be removed from the island and may require reimbursement from the owner for the removal and the administrative and legal costs. Neither the State nor any political subdivision of the State is liable for any damage to the motor vehicle that may be caused by the removal. Failure to remove an illegally abandoned vehicle on an island within 30 days after written warning, or within 30 days of ice-out if ice prevents the island from being reasonably accessible, is a Class E crime civil violation punishable by a fine of $50.

Sec. B-10. 29-A MRSA §2102, sub-§1, as amended by PL 2009, c. 493, §2, is further amended to read:

1. Display revoked, mutilated, fictitious or fraudulently altered driver's license or identification card. A person commits a Class E crime civil violation punishable by a fine of $150 if that person displays a revoked, mutilated, fictitious or fraudulently altered driver's license or identification card issued or represented to be issued by this State or any other state or province.

Sec. B-11. 29-A MRSA §2102, sub-§1-A, as amended by PL 2009, c. 493, §2, is further amended to read:

1-A. Possess revoked, mutilated, fictitious or fraudulently altered driver's license or identification card. A person commits a Class E crime civil violation punishable by a fine of $150 if that person possesses a revoked, mutilated, fictitious or fraudulently altered driver's license or identification card issued or represented to be issued by this State or any other state or province.

Sec. B-12. 29-A MRSA §2104, as amended by PL 2015, c. 176, §5, is further amended to read:

§ 2104. Improper plates

1. Attaching false plates. A person commits a Class E crime civil violation punishable by a fine of $150 if that person attaches to a vehicle a registration plate assigned to another vehicle or not currently assigned to that vehicle.

1-A. Permitting attachment of false plates. A person commits a Class E crime civil violation punishable by a fine of $100 if that person permits to be attached to a vehicle a registration plate assigned to another vehicle or not currently assigned to that vehicle.

1-B. Permitting display of false registration validation device. A person commits a Class E crime if that person permits to be attached or displayed on a vehicle registration plate a registration validation device issued for another vehicle.

2. False identification. A person commits a Class E crime civil violation punishable by a fine of $50 if that person obscures identification numbers, identification letters, the state name, validation sticker or mark distinguishing the type of plate attached to a vehicle.

3. Manufacturing or reproduction of plates. A person commits a Class D crime if that person manufactures or reproduces registration plates without the consent of the Secretary of State.

4. Alterations to registration plates. Except when a greater penalty is applicable, a person commits a traffic infraction if that person adds or attaches to a registration plate a decal, symbol, slogan, mark, letter or number not authorized by law or by the Secretary of State.

5. Strict liability. Violation of subsection 1, 2 or 3 is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

Sec. B-13. 29-A MRSA §2308, sub-§6, as amended by PL 2019, c. 318, §4, is further amended to read:

6. Penalty. A violation of subsection 2 is a Class E crime that is punishable by a $250 minimum fine for the first offense and a mandatory 30-day suspension of a driver's license for a 2nd offense occurring within 3 years of the first offense. A violation of subsection 4 is a civil violation punishable by a fine of $125.

Sec. B-14. 29-A MRSA §2412-A, sub-§1-A, as amended by PL 2009, c. 297, §1, is further amended to read:

1-A. Offense; penalty. A person commits operating while license suspended or revoked if that person:

A. Operates a motor vehicle on a public way or in a parking area when that person's license has been suspended or revoked, and that person:

(1) Has received written notice of a suspension or revocation from the Secretary of State or a court;

(2) Has been orally informed of the suspension or revocation by a law enforcement officer or a court;

(3) Has actual knowledge of the suspension or revocation;

(4) Has been sent written notice in accordance with section 2482 or former Title 29, section 2241, subsection 4; or

(5) Has failed to answer or to appear in court pursuant to a notice or order specified in section 2605 or 2608;

B. Violates paragraph A and the suspension was for OUI or an OUI offense;

C. Violates paragraph A and the suspension was for OUI or an OUI offense, the person was subject to the mandatory minimum sentence and the person:

(1) Has one prior conviction for violating this section;

(2) Has 2 prior convictions for violating this section; or

(3) Has 3 or more prior convictions for violating this section; or

D. Violates paragraph A, the suspension was not for OUI or an OUI offense and the person has one or more prior convictions for violating this section.

Except for an offense under paragraph A, subsection 8 or as otherwise provided, operating while license suspended or revoked is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. A violation of paragraph A is a civil violation punishable by a fine of $125.

Sec. B-15. 29-A MRSA §2412-A, sub-§8, as amended by PL 2009, c. 493, §3, is further amended to read:

8. Traffic infraction. A person commits a traffic infraction operating while license suspended as described in subsection 1-A, paragraph A if the person has not been convicted or adjudicated of a 2 prior offense offenses under this section and the sole basis for the suspension is: .

A. Failure to pay a fine;

B. Failure to pay a license reinstatement fee; or

C. Suspension for a dishonored check.

Sec. B-16. 29-A MRSA §2417, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

§ 2417. Suspended registration

A person commits a Class E offense civil violation punishable by a fine of $125 if that person operates or permits another to operate a vehicle when the registration of that vehicle is suspended or revoked.

summary

In Part A, this bill:

1. Changes the definition of "habitual violator" in the inland fisheries and wildlife laws by including a person whose convictions are for civil violations or a combination of civil violations and criminal violations. Current law includes only criminal violations; and

2. Reduces from Class E crimes to civil violations the following violations of the inland fisheries and wildlife laws and sets the fines for the civil violations:

A. For resident and nonresident junior hunters, hunting without a license;

B. Practicing falconry without a permit;

C. Possessing wild animals or wild birds taken in violation of the law that prohibits shooting while in or on a vehicle;

D. Hunting migratory game birds with a shotgun capable of holding more than 3 shells;

E. Leaving or allowing to remain duck decoys or a stationary blind or parts of an artificial cover in Merrymeeting Bay at night;

F. Illegally placing bear bait to entice, hunt or trap black bear or hunting bear with more than 6 dogs;

G. With regard to a person who is not a resident of the State, hunting bear with dogs without a guide;

H. Training dogs on wild birds or wild animals, except in certain circumstances;

I. Training dogs when the person has a license that is suspended or revoked;

J. Holding field trials for beagles and other rabbit hounds except from September 1st through the following April 10th;

K. Holding field trials for sporting dogs without a license;

L. Charging others for the opportunity to hunt mallard ducks, pheasants, quail, Chukar partridge or Hungarian partridge or operating a commercial shooting area for such birds without a license;

M. Charging another person for the opportunity to fish in a private pond without holding a valid private fee pond license; and

N. Failing to present upon request to any agent of the Commissioner of Inland Fisheries and Wildlife a receipted invoice, bill of lading, bill of sale, license or other satisfactory evidence of lawful possession of live baitfish for retail or wholesale sale or smelts for wholesale sale.

In Part B, the bill does the following:

1. Reduces from Class E crimes to civil violations the following violations of the motor vehicle laws and sets the fines for the civil violations:

A. Failure to register a vehicle or having registration that has been expired for 150 days or more;

B. Failure by a motor vehicle dealer to maintain records of purchase or sale of vehicles and failure to maintain records of all sales representatives and full-time employees, vehicles and vehicle parts and make them available for inspection by representatives of the Secretary of State, the Attorney General or law enforcement officers;

C. Operating a motor vehicle on a public way or parking area without being licensed or in violation of a condition or restriction on the license;

D. Failure to obtain a license after establishing residency for more than 90 days;

E. With regard to Class A, B and C motor vehicle licenses, operating a vehicle not included in the class of the person's license;

F. With regard to suspension of a license or registration, failure of the person to surrender to the Secretary of State every license, registration certificate and registration plate;

G. Operating a motor vehicle without proof of financial responsibility;

H. With regard to a motor vehicle that is abandoned, removal of the vehicle or any part or accessory thereof without written consent;

I. With regard to a motor vehicle illegally abandoned on an island, failure to remove the vehicle within the designated time frame;

J. Displaying or possessing a revoked, mutilated, fictitious or fraudulently altered driver's license or identification card;

K. Attaching or permitting attachment to a motor vehicle a registration plate assigned to another vehicle or not currently assigned to the vehicle;

L. Obscuring identification numbers or letters, the state name, the validation sticker or a mark distinguishing the type of plate attached to the vehicle;

M. The use by a school bus operator of flashing lights on the bus other than for the purpose of controlling traffic when stopping to receive or discharge school-age persons; and

N. Operating or permitting another person to operate a motor vehicle when the registration has been suspended or revoked; and

2. Designates as a traffic infraction operating a motor vehicle while the person's driver's license is suspended if the person does not have 2 prior operating while license is suspended or revoked offenses.

HP1454 LD 2043	Session - 129th Maine Legislature		LR 2854 Item 1
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