‘An Act To Prohibit the Unauthorized Harvesting of Wild Mushrooms’
| HP0293 LD 421 |
Session - 126th Maine Legislature C "A", Filing Number H-351, Sponsored by
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LR 1064 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Prohibit the Unauthorized Harvesting of Wild Mushrooms’
Amend the bill by striking out all of section 1.
Amend the bill by striking out all of sections 2 to 5 and inserting the following:
‘Sec. 2. 12 MRSA §8841, sub-§4 is enacted to read:
Sec. 3. 12 MRSA §8842-A, as enacted by PL 2003, c. 452, Pt. F, §40 and affected by Pt. X, §2, is amended to read:
§ 8842-A. Owner's permission required
(1) The value of the trees or , boughs or wild mushrooms is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(3) The value of the trees or , boughs or wild mushrooms is more than $2,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;
(4) The value of the trees or , boughs or wild mushrooms is more than $1,000 but not more than $2,000. Violation of this subparagraph is a Class D crime; or
(5) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of Title 17-A, section 401 in which the crime intended to be committed inside the structure is theft; any violation of Title 17-A, section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts thereat. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.
(1) The value of the trees or , boughs or wild mushrooms is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(3) The value of the trees or , boughs or wild mushrooms is more than $2,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;
(4) The value of the trees or , boughs or wild mushrooms is more than $1,000 but not more than $2,000. Violation of this subparagraph is a Class D crime; or
(5) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of Title 17-A, section 401 in which the crime intended to be committed inside the structure is theft; any violation of Title 17-A, section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts thereat. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.
Sec. 4. 12 MRSA §8844, as repealed and replaced by PL 1983, c. 507, §2, is amended to read:
§ 8844. Seizure or attachment
Any officer authorized to make inspections, investigations or arrests under this Article may seize and hold Christmas trees or , evergreen boughs or wild mushrooms until proof of ownership has been established. If no proof of ownership has been established, the officer shall try to determine where those trees or , boughs or wild mushrooms were cut or harvested and notify the landowner. If the owner does not want the trees or , boughs or wild mushrooms, or ownership cannot be determined, the State may dispose of them and any money derived from the disposition of the trees and , boughs shall or wild mushrooms must be paid to the landowner, if his the landowner's identity can be established and, otherwise, to the Treasurer of State to be credited to the General Fund.
Sec. 5. 12 MRSA §8847, as repealed and replaced by PL 1983, c. 507, §4, is amended to read:
§ 8847. Enforcement agencies
State police, county sheriffs, municipal law enforcement officers, state forest rangers and game wardens are authorized to make inpsections inspections, investigations, arrests and disposals of trees and , boughs or wild mushrooms under this Article.’
Amend the bill in section 7 in the 4th and 5th lines (page 3, lines 31 and 32 in L.D.) by striking out the following: "boughs, wild mushrooms and fiddleheads" and inserting the following: 'boughs and wild mushrooms'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment is the minority report. It removes fiddleheads from the title of the bill. The amendment deletes from the bill prohibitions against commercially harvesting fiddleheads without written permission or a bill of sale from the landowner. The amendment also deletes from the bill the definition of "fiddlehead."