An Act To Amend Maine's Motor Vehicle Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the 90-day period may not terminate until after the beginning of the next fiscal year; and
Whereas, certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; 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,
Sec. 1. 3 MRSA §959, sub-§1, ¶O, as amended by PL 2013, c. 505, §1, is further amended to read:
(1) Maine Turnpike Authority in 2021;
(2) The Bureau of Motor Vehicles within the Department of the Secretary of State in 2015;
(3) The Department of Transportation in 2015 2017; and
(4) Maine State Pilotage Commission in 2017.
Sec. 2. 29-A MRSA §101, sub-§15-A, as enacted by PL 2009, c. 315, §3, is amended to read:
Sec. 3. 29-A MRSA §201, sub-§2, ¶C, as amended by PL 1997, c. 776, §6, is further amended to read:
(1) Registrations for pickup trucks registered for 9,000 10,000 pounds or less gross vehicular weight, automobiles, trailers, semitrailers and farm tractors; and
(2) Registrations for trucks of greater gross weight than provided in subparagraph (1), after the agent has satisfactorily participated in special training as prescribed by the Secretary of State.
Sec. 4. 29-A MRSA §401, sub-§2, as corrected by RR 2009, c. 2, §81, is amended to read:
Sec. 5. 29-A MRSA §456-A, sub-§8, ¶A, as enacted by PL 2011, c. 356, §3, is amended to read:
Sec. 6. 29-A MRSA §456-A, sub-§8, ¶B, as enacted by PL 2011, c. 356, §3, is repealed.
Sec. 7. 29-A MRSA §456-F, sub-§7, ¶B, as enacted by PL 2007, c. 703, §10, is amended to read:
Sec. 8. 29-A MRSA §504, as amended by PL 2007, c. 647, §3 and affected by §8, is further amended to read:
§ 504. Registration of trucks and truck tractors
Beginning July 1, 2009, $10 of the fee must be transferred on a quarterly basis by the Treasurer of State to the TransCap Trust Fund established by Title 30-A, section 6006-G.
The Secretary of State shall keep records and may issue evidence to comply with 26 Code of Federal Regulations, Part 41, revised as of May 23, 1985, and the Internal Revenue Code of 1986, 26 United States Code, Sections 4481, 4482 and 4483.
Pursuant to rule, the Secretary of State may certify that a vehicle qualifies for exemptions under 26 Code of Federal Regulations, Section 41.4483-3(g) or Section 41.4483-6(b), revised as of May 23, 1985.
Sec. 9. 29-A MRSA §507, first ¶, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
When a truck is properly base registered in this State, the registrant may increase the registered gross vehicle weight of the truck upon application and payment of the proper fee. Temporary registered gross weight increases may be issued by the Bureau of Motor Vehicles, the Bureau of the State Police or by any agent appointed by the Secretary of State who has been appointed for that specific purpose. Agents must be either municipal tax collectors or town or city managers.
Sec. 10. 29-A MRSA §521, sub-§3, ¶B, as amended by PL 1995, c. 645, Pt. A, §4, is further amended to read:
Sec. 11. 29-A MRSA §755, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. 12. 29-A MRSA §1256, first ¶, as amended by PL 2013, c. 606, §1, is further amended to read:
A person who has reached is 15 years of age and who has successfully completed a driver education course and passed an examination for operation of a motor vehicle as provided in section 1301 may be issued a special restricted license based on educational, employment or medical need without the person's having held a permit for a period of 6 months as required by section 1304, subsection 1, paragraph H, subparagraph (1) as follows.
Sec. 13. 29-A MRSA §1256, sub-§2-A, as enacted by PL 2013, c. 606, §4, is amended to read:
(1) A signed, notarized statement from a physician attesting to the existence of circumstances of medical necessity; and
(2) A signed, notarized statement from the applicant or the applicant's parent or guardian that:
(a) No readily available alternative means of transportation exists; and
(b) Use of a motor vehicle is necessary for transportation in connection with circumstances of medical necessity that are experienced by the person or a member of the person's immediate family.
Sec. 14. 29-A MRSA §1304, sub-§2, ¶E, as amended by PL 2013, c. 381, Pt. B, §16, is further amended to read:
Sec. 15. 29-A MRSA §1352, sub-§2, ¶A, as amended by PL 2005, c. 577, §21, is further amended to read:
Sec. 16. 29-A MRSA §1352, sub-§2, ¶D, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 17. 29-A MRSA §1354, sub-§10, as enacted by PL 2013, c. 381, Pt. C, §3, is amended to read:
Sec. 18. 29-A MRSA §2356, as amended by PL 2009, c. 598, §39, is further amended to read:
§ 2356. Operation of a vehicle exceeding registered weight
Sec. 19. 29-A MRSA §2458, sub-§6, ¶A, as enacted by PL 1997, c. 111, §2, is amended to read:
(1) "Entity" means a corporation, firm, partnership, sole proprietorship, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity.
(2) "Related entity" includes:
(a) All entities owned, operated or controlled by the person or named entity, by related individuals, by any person who is an officer or director of the named entity or by shareholders of the named entity;
(b) Any entity that has as an officer, director or partner an individual whose license or authority to engage in the business or commercial activity has been suspended;
(c) Any entity that has an officer, partner or 25% of its directors in common with the named entity; and
(d) Any entity in which 25% of the outstanding shares are owned or controlled by the suspended person or by an individual, related individual or entity who, taken together, also owned 25% or more of the outstanding shares of the named entity.
(3) "Related individual" means a spouse, domestic partner, parent, grandparent, sibling, child or grandchild, whether by blood or marriage, of a person whose license or authority to engage in the business or commercial activity has been suspended.
(4) "Suspension" means a suspension or revocation.
Sec. 20. 36 MRSA §3202, sub-§2-C, as amended by PL 2011, c. 644, §11, is further amended to read:
Sec. 21. Appropriations and allocations. The following appropriations and allocations are made.
SECRETARY OF STATE, DEPARTMENT OF
Administration - Motor Vehicles 0077
Initiative: Provides funding for the approved reorganization of one Business Manager I position to a Motor Vehicles Section Manager position.
| HIGHWAY FUND | 2015-16 | 2016-17 |
|
Personal Services
|
$4,434 | $10,457 |
|
All Other
|
$207 | $488 |
 |
|
|
| HIGHWAY FUND TOTAL | $4,641 | $10,945 |
Administration - Motor Vehicles 0077
Initiative: Provides funding for the approved reclassification of one Public Service Manager I position to a Public Service Manager II position.
| HIGHWAY FUND | 2015-16 | 2016-17 |
|
Personal Services
|
$2,456 | $13,260 |
|
All Other
|
$115 | $618 |
|
|
|
| HIGHWAY FUND TOTAL | $2,571 | $13,878 |
Administration - Motor Vehicles 0077
Initiative: Provides funding for the approved reorganization of one Office Assistant II position to a Customer Representative Associate II-MV position.
| HIGHWAY FUND | 2015-16 | 2016-17 |
|
Personal Services
|
$5,239 | $14,233 |
|
All Other
|
$244 | $644 |
|
|
|
| HIGHWAY FUND TOTAL | $5,483 | $14,877 |
| SECRETARY OF STATE, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2015-16 | 2016-17 |
|
HIGHWAY FUND
|
$12,695 | $39,700 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $12,695 | $39,700 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.