| | Emergency preamble. Whereas, Acts of the Legislature do not become | effective until 90 days after adjournment unless enacted as | emergencies; and |
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| | Whereas, there are 2nd-time and 3rd-time OUI offenders who are | presently unable to work because their licenses are suspended and | have no opportunity to gain work-restricted licenses; and |
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| | Whereas, these offenders and their families will suffer great | economic hardship if they have to wait until 90 days after the | end of the legislative session to receive work-restricted | licenses; and |
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| | 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, |
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| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 29-A MRSA §2503, sub-§§1-A and 1-B are enacted to read: |
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| | 1-A.__Second-time and 3rd-time OUI offenders.__On receipt of a | petition for a work-restricted license from a person under | suspension pursuant to section 2451, subsection 3, paragraph B or | C, the Secretary of State may stay a suspension during the | statutory suspension period and issue a work-restricted license | if the petitioner shows by clear and convincing evidence that: |
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| A.__The license is necessary to operate a motor vehicle | between the petitioner's residence and the petitioner's | place of employment or in the scope of employment, or both; |
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| B.__An alternative means of transportation is not available; | and |
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| C.__The petitioner has completed a driver education | evaluation program and has completed, or is still | participating in, substance abuse counseling. |
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| For purposes of this subsection, "2nd-time OUI offenders" and | "3rd-time OUI offenders" mean those persons defined in section | 2451, subsection 3, paragraph B or C, respectively. |
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| | 1-B.__Requirements of work-restricted licenses for 2nd-time | and 3rd-time OUI offenders.__A person receiving a work-restricted | license pursuant to subsection 1-A shall: |
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