CHAPTER 25
H.P. 434 - L.D. 571
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, an anomaly exists under current law where a court may restrict or suspend a person's ability to operate a motor vehicle but there is no mechanism for that restriction or suspension to be transmitted to law enforcement agencies; and
Whereas, this Act allows the Secretary of State to suspend or restrict without a hearing the license of a person whose motor vehicle operation privilege has been restricted as a condition of bail; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2458, sub-§2, ¶O, as amended by PL 1997, c. 776, §48, is further amended to read:
O. Has a license, permit or the privilege to apply for or obtain a license suspended or revoked by a jurisdiction of the United States or a province; or
Sec. 2. 29-A MRSA §2458, sub-§2, ¶P, as enacted by PL 1997, c. 776, §49, is amended to read:
P. Has failed to provide a valid social security number pursuant to section 1301.; or
Sec. 3. 29-A MRSA §2458, sub-§2, ¶Q is enacted to read:
Q. Has, as a condition of bail pursuant to Title 15, chapter 105-A or, if a juvenile, as a condition of release pursuant to Title 15, chapter 505, been ordered not to operate a motor vehicle. If the conditions of bail or release allow a person to operate a motor vehicle only under certain conditions or with restrictions on time, place or purpose, the Secretary of State may, without hearing, issue a restricted license reflecting the restrictions imposed.
Sec. 4. 29-A MRSA §2458, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
4. Notice of hearing. Upon suspending or revoking a certificate of title, certificate of registration, license or fuel use decal pursuant to subsection 2, the Secretary of State shall notify that person of opportunity for hearing as provided in section 2483, except where the suspension or revocation rests solely upon a conviction in court of an offense that by statute is expressly made grounds for that suspension or revocation, or the basis of the Secretary of State's action is a condition of bail or conditional release pursuant to subsection 2, paragraph Q.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 1, 2003.
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