SP0684, LD 1912, item 6, Document Text

Amend the amendment by inserting after the title the following:

‘

Amend the bill by inserting after the title and before the enacting clause the following:

‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, motor vehicle accidents remain the leading cause of death of youths under the age of 20; and

Whereas, inexperience and risk-taking by teenage drivers may be addressed by revising driver's license requirements; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Amend the amendment on page 3 by inserting after the 2nd line and before the first paragraph the following:

‘

Amend the bill by striking out all of section 10 (page 2, lines 12 to 20 in L.D.) and inserting the following:

‘Sec. 10. 29-A MRSA §2472, sub-§2, as amended by PL 2007, c. 383, §30, is further amended to read:

2. Suspension terms for moving violations. If a person who has not yet attained the age of 21 years is convicted or adjudicated of a moving motor vehicle violation that occurred within 2 years from the date of issue of a juvenile provisional license, the Secretary of State shall suspend the license without right to hearing:

A. For 30 days on the 1st offense;

B. For 60 180 days on the 2nd offense; and

C. For 90 days one year on the 3rd or subsequent offense.

If requested, the Secretary of State shall provide an opportunity for hearing on the suspension as soon as practicable. After hearing, the Secretary of State, for good cause shown, may continue, modify or rescind the suspension. An individual who has not yet attained the age of 18 years does not have a right to a hearing.

Amend the amendment on page 3 by striking out all of the 4th indented paragraph (page 3, lines 11 and 12 in amendment) and inserting the following:

‘

Amend the bill in section 13 by striking out all of subsection 7 (page 2, lines 31 to 35 in L.D.) and inserting the following:

‘ 7. Reinstatement fee for suspensions for major offenses. Before a suspension issued to the holder of a license issued pursuant to this section resulting from a conviction or adjudication listed in section 2551-A, subsection 1, paragraph A, as limited by section 2551-A, subsection 3, is terminated and a license reinstated, a fee of $200 must be paid to the Secretary of State and the holder must complete any community service imposed by a court, up to 60 hours.

Amend the amendment on page 3 by inserting after section 16 the following:

‘Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.’

summary

This amendment does the following:

1. It retains the current suspension term for the first moving violation at 30 days, instead of 60 days as proposed in the bill;

2. It allows a person whose juvenile provisional license is suspended for a moving violation to request a hearing if that person is 18 years of age or older;

3. It decreases the reinstatement fee from $350 as proposed in the bill to $200 and requires the person to complete any community service imposed by a court, up to 60 hours; and

4. It adds an emergency preamble and clause to the bill.

FISCAL NOTE REQUIRED

(See attached)

SP0684 LD 1912	Second Regular Session - 125th Maine Legislature S "A" to C "A", Filing Number S-557, Sponsored by COLLINS		LR 2882 Item 6
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