Health care insurance - the debate goes on

By Ralph Sarty

Most of the articles and letters I have written lately have been focused on either the state budget or issues on health care insurance. This week I would like to bring another issue forward which, on the surface seems less challenging but in reality could have a significant impact throughout our state. The subject is the relationship between ATV users and MaineÕs private landowners. Many "coffee shop wanna-be lawyersÓ are talking about this issue of late due to a bill I have sponsored this Legislative Session. Here is the background and the facts:

In 2003 the Legislature approved a rather long list of laws relating to the use of all terrain vehicles (ATVs) in Maine. This was accomplished after many public hearings and workshops were held on the subject which offered landowner groups, sportsman's groups, ATV enthusiasts, and others to have input into these new laws. Due to the fact that 92% of our state's lands are private property, Maine landowners played a significant role in this process. The end result of all this work was a set of laws regulating the use of ATVs in Maine which most everyone seemed to be happy with. Much the same process occurred decades ago when snow machining became popular in Maine.

Two of the most important provisions of the ATV laws important to Maine landowners were: (1) that the operator of an ATV must have verbal permission from the landowner to operate their ATV on that landowners property; (2) the operator of an ATV must have written permission from any landowner whose lands are croplands or orchards. It was also assumed that a law enforcement officer observing an ATV on those private lands would have the right to stop an ATV to determine if the operator had the required permission described above by law.

During the last Legislative Session, Rep. John Martin (D-Eagle Lake) put in a bill (LD 308) which would require a law enforcement officer to have "reasonable articulable suspicion" in order to stop an ATV. The bill passed the House and Senate and became law in June 09.

It is not uncommon to find a new law has unintended consequences. LD 308 is an example.

Due to a significant reaction to this new law many of our state's large landowners as well as many sportsman's groups, natural resource organizations and others protested this law change as they feel strongly it has set back our state's landowner relations efforts substantially. Therefore the groups listed below have offered very strong support for my bill which eliminates the requirement of "reasonable articulable suspicion" if the ATV is being operated on private lands. It is also important to note that in the last ten months the Maine Supreme Judicial Court has ruled on two separate appeals that "routine stops" of all terrain vehicles are not a violation of the Constitution's 4th Amendment.

Organizations supporting LD 1536 Ñ "An Act to Amend the Standards by Which a Game Warden (law enforcement officer) May Stop and All-terrain Vehicle When Operating on Private Property":

North Maine Woods Inc., Small Woodlot Owners Association of Maine, Maine Farm Bureau Central Maine Power Co., Nature Conservancy Sportsman's Alliance of Maine, Maine Snowmobile Association Maine Guides Association, Maine Trappers Association Maine Blueberry Commission, Northern Sportsman's Assoc., Maine Forest Products Counsel, Maine Tree Farm Committee Associated Sportsman's Club, Landowner Sportsman's Relations Advisory Committee (appointed by the governor), and others.

Many of the organizations listed above represent managers and/or owners of millions of acres of private land in our state. They, along with the sportsman's groups listed clearly want ATVs subject to routine checks when operating on PRIVATE LANDS.

LD 1536 IS NOT an anti-ATV bill. ATV clubs throughout the state, as well as ATV Maine (their statewide organization) are doing a great job in their efforts with private landowners to establish trail systems in Maine. That being said, all of us who enjoy our outdoor interests in Maine and consider our outdoor heritage to be a "right" must recognize that we are extremely dependent on the privilege of access to our state's private lands based on the willingness of those landowners to allow such reasonable use and access.

Landowner relations in Maine is a very serious issue for all who enjoy our state's wonderful outdoor opportunities and a brief stop by a warden or other law enforcement officer is a small sacrifice if it will help inspire our states landowners to allow us all reasonable use and access of their lands.

That's it in a nutshell, folks.

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