SP0672
LD 1647
Session - 127th Maine Legislature
S "A", Filing Number S-440, Sponsored by Volk
LR 2649
Item 4
Bill Tracking, Additional Documents Chamber Status

Amend the bill by adding after section 3 the following:

Sec. 4. 29-A MRSA §2503-A  is enacted to read:

§ 2503-A Restricted license for transportation to and from child care

1 Definitions.   As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A "Child care facility" has the same meaning as in Title 22, section 8301-A.
B "Dependent child" means a person younger than 13 years of age for whom the petitioner has responsibility, including a natural child, stepchild, adopted child or child placed for adoption with the petitioner.
2 Administrative suspension; restricted license for transportation to and from child care.   On receipt of a petition for a restricted license for transportation of a dependent child to and from a child care facility from a person under suspension pursuant to Title 17-A, section 1125 or section 2453, section 2453-A or section 2472, subsection 3, paragraph B or C for a first offense, the Secretary of State may stay a suspension during the statutory suspension period and issue a restricted license for transportation of a dependent child to and from a child care facility, if the petitioner shows by clear and convincing evidence that:
A As determined by the Secretary of State, a license is necessary to operate a motor vehicle between the residence and the child care facility for that petitioner's dependent child;
B No alternative means of transportation is available; and
C The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to Title 17-A, section 1125 or section 2453 or 2453-A.
3 Suspension.   The Secretary of State shall suspend, without preliminary hearing, a restricted license issued pursuant to this section of a person who:
A Is adjudicated or convicted of any violation of the provisions of Title 17-A, chapter 45, except for section 1116 or this Title committed during the period when a restricted license for transportation to and from child care has been issued;
B Violates any restriction or condition of the license; or
C Has not completed the alcohol and drug program under section 2504 by the end of the statutory suspension period.

SUMMARY

This amendment allows a person whose license has been suspended for conviction of a drug crime, as proposed in the bill, or for operating under the influence of alcohol or drugs to get a restricted license to allow that person to transport a child to and from a child care facility. The restricted license is similar to a work-restricted license, with similar requirements and penalties for violating the restrictions.

The amendment defines "child care facility" as a child care center, small child care facility or nursery school but does not include in the definition a facility operated by a family child care provider, a youth camp, programs offering instruction to children for the purpose of teaching a skill such as karate, dance or basketball, a formal public or private school in the nature of a kindergarten or elementary or secondary school or a private school recognized by the Department of Education as meeting certain criteria.


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