Bill Summary – FastDemocracy

LAW WITHOUT
                                                               GOVERNOR'S             CHAPTER
                                                               SIGNATURE
                                                                                           743
                                                                MAY 7, 2022          PUBLIC LAW
                                STATE OF MAINE
                                        _____
                         IN THE YEAR OF OUR LORD
                      TWO THOUSAND TWENTY-TWO
                                        _____
                               H.P. 1121 - L.D. 1513
     An Act To Establish the Maine Abandoned and Discontinued Roads
                               Commission
Be it enacted by the People of the State of Maine as follows:
   Sec. 1. 5 MRSA §12004-I, sub-§83-A is enacted to read:
   83-A.
Transportation: Maine Abandoned and Discontinued          Expenses Only         23 MRSA
Roads           Roads Commission                                                   §3036
   Sec. 2. 23 MRSA §3036 is enacted to read:
§3036. Maine Abandoned and Discontinued Roads Commission
    The Maine Abandoned and Discontinued Roads Commission, referred to in this section
as "the commission," is established by Title 5, section 12004-I, subsection 83-A and
operates in accordance with this section.
   1. Members. The commission consists of the following 12 members:
   A. One member who is an employee of the Department of Inland Fisheries and
   Wildlife, designated by the Commissioner of Inland Fisheries and Wildlife;
   B. One member who is an employee of the Department of Agriculture, Conservation
   and Forestry, designated by the Commissioner of Agriculture, Conservation and
   Forestry;
   C. One member who is an employee of the Department of Transportation, designated
   by the Commissioner of Transportation;
   D. One member who is an employee of the Office of the Attorney General, designated
   by the Attorney General;
   E. Four members appointed by the President of the Senate, who, in making the
   appointments, shall take into consideration any recommendation made by the
   association or organization from whose membership the appointment is made, as
   follows:
       (1) One member of a statewide association representing municipalities;
                                 Page 1 - 130LR0703(03)
    (2) One member of a statewide association representing woodland property
    owners;
    (3) One member of a statewide association of attorneys who has expertise in real
    estate law; and
    (4) One member of a land trust organization; and
F. Four members appointed by the Speaker of the House, who, in making the
appointments, shall take into consideration any recommendation made by the
association or organization from whose membership the appointment is made, as
follows:
    (1) One member of a statewide association representing county governments;
    (2) One member of a statewide organization representing all-terrain vehicle users
    or snowmobile users;
    (3) One member of a statewide association representing residents of the State
    living on or owning property that abuts an abandoned or discontinued road or that
    is accessible only by traveling over an abandoned or discontinued road; or, if no
    such association exists, a resident of the State living on property that abuts an
    abandoned or discontinued road or that is accessible only by traveling over an
    abandoned or discontinued road; and
    (4) One member of the general public who is a resident of the State not directly
    affected by matters related to abandoned or discontinued roads.
2. Duties. The commission shall:
A. Consider the following:
    (1) Property owner liability, including personal injury, property damage and
    environmental damage liability resulting from public use of an abandoned or
    discontinued road;
    (2) Public easement retention over an abandoned or discontinued road, including
    the scope of permitted and actual public use;
    (3) Statutory terminology related to abandoned or discontinued roads; and
    (4) The statutory process for the abandonment or discontinuation of a road,
    including barriers to determining the legal status of a road;
B. For matters relating to abandoned and discontinued roads other than those described
by paragraph A, prioritize matters for consideration by the commission by determining
which matters related to abandoned and discontinued roads have a significant negative
impact, qualitatively or quantitively, on:
    (1) Owners of property that abuts an abandoned or discontinued road;
    (2) Owners of property accessible only by traveling over an abandoned or
    discontinued road;
    (3) Recreational users of an abandoned or discontinued road;
    (4) Members of the public;
    (5) Municipal, county or state governments; and
                              Page 2 - 130LR0703(03)
        (6) The physical integrity of an abandoned or discontinued road and surrounding
        land;
    C. Develop recommendations on ways to address matters considered by the
    commission, including recommendations for statutory changes; and
    D. Review legislation affecting abandoned or discontinued roads and provide
    information to joint standing committees of the Legislature upon request.
    3. Chair. The members of the commission shall elect from among the membership a
chair, who serves a 3-year term. The chair continues to hold the office until a successor is
elected and may serve multiple terms. The chair calls and presides over meetings of the
commission. In the absence of the chair, the member designated by the Commissioner of
Inland Fisheries and Wildlife or the member designated by the Commissioner of
Agriculture, Conservation and Forestry may preside over meetings.
    4. Term of office. Members of the commission serve 3-year terms. A member may
serve after the expiration of that member's term until a successor has been appointed. A
member may serve multiple terms.
    5. Meetings. The commission shall meet at least 3 times, but may meet no more than
6 times, each year.
    6. Subcommittees. The commission may establish subcommittees to meet to conduct
the work of the commission. Subcommittees may invite persons who are not members of
the commission to participate in a nonvoting capacity.
    7. Public comment. The commission shall accept public comment during its meetings.
   8. Staff support. The Office of the Attorney General shall provide staff support to the
commission.
     9. Bylaws. The commission may, by a majority vote of the members, adopt or amend
bylaws as necessary or appropriate to carry out the purposes or exercise the powers of the
commission. Prior to adoption or amendment of bylaws, the commission shall ask the
member designated by the Attorney General to review the bylaws and provide comments
to the commission.
    10. Fund established. The Road Commission Fund is established as a nonlapsing fund
within the Office of the Attorney General to support the work of the commission. The fund
consists of any funds received from any public or private source.
    11. Report. By February 1, 2023, and annually thereafter, the commission shall submit
a report of its activities and any recommended statutory changes to the joint standing
committee of the Legislature having jurisdiction over state and local government matters,
the joint standing committee of the Legislature having jurisdiction over agriculture,
conservation and forestry matters and the joint standing committee of the Legislature
having jurisdiction over inland fisheries and wildlife matters. If the report includes
recommended statutory changes, the committee with jurisdiction over the subject of that
statute may report out a bill related to the recommendation.
    Sec. 3. Initial meeting. The initial meeting of the Maine Abandoned and
Discontinued Roads Commission, established pursuant to the Maine Revised Statutes, Title
23, section 3036, must be called within 60 days of the effective date of this Act by the
member designated by the Attorney General.
                                   Page 3 - 130LR0703(03)
    Sec. 4. Initial terms. Notwithstanding the Maine Revised Statutes, Title 23, section
3036, subsection 4, of the members initially appointed to the Maine Abandoned and
Discontinued Roads Commission, the following members must be appointed to an initial
term of 2 years:
    1. The member designated by the Commissioner of Transportation;
    2. The member designated by the Attorney General;
    3. The member from a statewide association representing county governments;
    4. The member from a statewide association of attorneys;
   5. The member from a statewide organization representing all-terrain vehicle users or
snowmobile users; and
    6. The member who is a member of the general public.
    Sec. 5. Appropriations and allocations. The following appropriations and
allocations are made.
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative: Provides funding for one Research Assistant Paralegal position and related All
Other costs in the Office of the Attorney General, natural resources division to provide staff
support to the Maine Abandoned and Discontinued Roads Commission and to assist the
commission in the conduct of its duties.
GENERAL FUND                                                      2021-22          2022-23
 POSITIONS - LEGISLATIVE COUNT                                       0.000            1.000
 Personal Services                                                      $0          $59,188
 All Other                                                              $0           $3,919
                                                               __________       __________
GENERAL FUND TOTAL                                                      $0          $63,107
Road Commission Fund N950
Initiative: Provides a base allocation for the newly established Road Commission Fund
program to support the work of the Maine Abandoned and Discontinued Roads
Commission in the event that funds are received from public or private sources.
OTHER SPECIAL REVENUE FUNDS                                       2021-22          2022-23
 Unallocated                                                           $0             $500
                                                               __________       __________
OTHER SPECIAL REVENUE FUNDS TOTAL                                      $0             $500
ATTORNEY GENERAL, DEPARTMENT OF THE
DEPARTMENT TOTALS                                                  2021-22           2022-23
  GENERAL FUND                                                         $0           $63,107
  OTHER SPECIAL REVENUE FUNDS                                          $0              $500
                                                               __________       __________
DEPARTMENT TOTAL - ALL FUNDS                                           $0           $63,607
                                    Page 4 - 130LR0703(03)
Statutes affected: 
Bill Text LD 1513, HP 1121: 23.3651, 23.3652