PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
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:
 
4.  Wild mushroom.     "Wild mushroom" means a mushroom that is harvested for commercial purposes in the wild. "Wild mushroom" does not include a cultivated mushroom that is grown, harvested, processed and packaged by a commercial organization.
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. Cutting or harvesting prohibited.   A person may not:
 
A. Cut or harvest Christmas trees or, evergreen boughs or wild mushrooms on land of another without securing written permission or a bill of sale from the owner or the owner's authorized agents. Only one such permit is needed per work crew. Violation of this paragraph is a Class E crime; or
 
B. Violate paragraph A when:
 
(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.
 
2. Transport prohibited.   A person may not:
 
A. Transport Christmas trees or, evergreen boughs or wild mushrooms without written permission or a bill of sale from the owner of the land where the trees or, evergreen boughs or wild mushrooms were harvested or that owner's authorized agents. Violation of this paragraph is a Class E crime; or
 
B. Violate paragraph A when:
 
(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.
 
3. Inspections and investigations.   An officer authorized to make inspections and investigations under this article may require of any person, firm or corporation engaged in cutting, harvesting or transporting Christmas trees or, evergreen boughs or wild mushrooms to show:
 
A. If engaged in cutting or harvesting trees or, boughs or wild mushrooms belonging to another, a current written permit or bill of sale issued pursuant to subsection 1, paragraph A; and
 
B. If engaged in transportation, a current written permit, bill of sale, port of entry statement or other written proof of ownership when transporting for commercial purposes trees, loose or in bundles, or boughs, loose or baled, or wild mushrooms. A driver shall carry this permit on the driver's person or in the vehicle.
 
4. Remedies not exclusive.   Prosecution under this section does not preclude the civil remedy available under Title 14, section 7552.
 
5. Strict liability.   Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
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 shallor wild mushrooms must be paid to the landowner, if histhe 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 inpsectionsinspections, 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."