Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 33 MRSA c. 43 is enacted to read:
CHAPTER 43
PLACEMENT OF EQUIPMENT ON PRIVATE PROPERTY
SUMMARY
This amendment is the majority report of the Joint Standing Committee on Judiciary. It allows the placement of a camera or electronic surveillance equipment on the private property of another person only if the landowner has given written consent, the placement is pursuant to a warrant or, while operating under the open fields doctrine as developed through Fourth Amendment case law, a law enforcement officer has a reasonable and articulable suspicion that a crime or a civil violation related to littering has occurred, is occurring or is about to occur. When a camera or electronic surveillance equipment is placed based on a reasonable and articulable suspicion, the law enforcement officer must document the facts giving rise to the reasonable and articulable suspicion as well as the time, date and location of the placement of the camera or electronic surveillance equipment. It requires that a person who places a camera or electronic surveillance equipment must label the camera or electronic surveillance equipment with the person's name and contact information.
The landowner may remove or disable a camera or electronic surveillance equipment that was placed without written consent, without a warrant or without a documented reasonable and articulable suspicion or that is not labeled.
This amendment creates exceptions for the use of cameras to deter theft or vandalism of motor vehicles when the motor vehicles are temporarily parked and electronic devices that are implanted or attached to animals to identify, monitor and track them.
The bill establishes a civil violation for which a fine of $100 a day for each day of the violation may be adjudged. This amendment keeps the civil violation, but limits the total fine to not more than $500 for a violation.
FISCAL NOTE REQUIRED
(See attached)