SP0684
LD 1912
Second Regular Session - 125th Maine Legislature
C "B", Filing Number S-552, Sponsored by
LR 2882
Item 3
Bill Tracking, Additional Documents Chamber Status

Amend the bill in section 3 by striking out all of subsection 2 (page 1, lines 9 to 12 in L.D.) and inserting the following:

2. Period of restrictions.   Subject to Except as provided in section 2116 and subject to extension pursuant to subsection 3, the license restrictions in subsection 1 are in effect for a period of 180 200 days from license issuance. The period of license restrictions may extend beyond the person's 18th birthday.

Amend the bill in section 4 in subsection 3 in the 3rd line (page 1, line 17 in L.D.) by striking out the following: " 270" and inserting the following: ' 200'

Amend the bill in section 5 in subsection 4 in the 2nd line (page 1, line 23 in L.D.) by striking out the following: " $350" and inserting the following: ' $250 and not more than $500'

Amend the bill by striking out all of sections 7 and 8.

Amend the bill in section 9 in subsection 3 in the 2nd line (page 2, line 11 in L.D.) by striking out the following: " $350" and inserting the following: ' $250 and not more than $500'

Amend the bill by inserting after section 9 the following:

Sec. 10. 29-A MRSA §2251, sub-§7-A,  as enacted by PL 2011, c. 390, §2 and amended by c. 420, Pt. K, §1 and affected by §2, is further amended to read:

7-A. Accident report database; public dissemination of accident report data.  Data contained in an accident report database maintained, administered or contributed to by the Department of Public Safety, Bureau of State Police must be treated as follows.
A. For purposes of this subsection, the following terms have the following meanings.

(1) "Data" means information existing in an electronic medium and contained in an accident report database.

(2) "Nonpersonally identifying accident report data" means any data in an accident report that are not personally identifying accident report data.

(3) "Personally identifying accident report data" means:

(a) An individual's name, residential and post office box mailing address, social security number, date of birth and driver's license number;

(b) A vehicle registration plate number;

(c) An insurance policy number;

(d) Information contained in any free text data field of an accident report; and

(e) Any other information contained in a data field of an accident report that may be used to identify a person.

B.  The Except as provided in paragraph B-1, the Department of Public Safety, Bureau of State Police may not publicly disseminate personally identifying accident report data that are contained in an accident report database maintained, administered or contributed to by the Bureau of State Police. Such data are not public records for the purposes of Title 1, chapter 13.
B-1 The Department of Public Safety, Bureau of State Police may disseminate a vehicle registration plate number contained in an accident report database maintained, administered or contributed to by the Bureau of State Police to a person only if that person provides the Bureau of State Police an affidavit stating that the person will not:

(1) Use a vehicle registration plate number to identify or contact a person; or

(2) Disseminate a vehicle registration plate number to another person.

C. The Department of Public Safety, Bureau of State Police may publicly disseminate nonpersonally identifying accident report data that are contained in an accident report database maintained, administered or contributed to by the Bureau of State Police. The cost of furnishing a copy of such data is not subject to the limitations of Title 1, section 408.

Sec. 11. 29-A MRSA §2251, sub-§8,  as amended by PL 2001, c. 360, §15, is further amended to read:

8. Violation.   A person commits a Class E crime if that person:
A.  Is required to make an oral or written report and knowingly fails to do so within the time required;
B.  Is an operator involved in a reportable accident and knowingly fails to give a correct name and address when requested by an officer at the scene; or
C.  Is the operator involved in a reportable accident or the owner of a vehicle involved in a reportable accident and knowingly fails to produce the vehicle or, if the vehicle is operational, return it to the scene when requested by the investigating officer . ; or
D Obtains a vehicle registration plate number pursuant to subsection 7-A, paragraph B-1 and knowingly uses that vehicle registration plate number to identify or contact a person or knowingly disseminates that vehicle registration plate number to another person.

Amend the bill in section 10 in subsection 2 by striking out all of paragraphs B and C (page 2, lines 19 and 20 in L.D.) and inserting the following:

B.  For 60 120 days on the 2nd offense; and
C. For 90 270 days on the 3rd or subsequent offense.’

Amend the bill in section 11 by striking out all of subsection 2-A (page 2, lines 22 to 24 in L.D.) and inserting the following:

2-A Driver improvement program.   A person whose license is suspended pursuant to subsection 2 shall complete a minimum of 4 hours of a driver improvement program approved by the Secretary of State before the suspension may be terminated.

Amend the bill in section 12 in subsection 2-B in the last line (page 2, line 29 in L.D.) by inserting after the following: " State" the following: ' before the suspension may be terminated'

Amend the bill in section 13 in subsection 7 in the last 2 lines (page 2, lines 34 and 35 in L.D.) by striking out the following: " $350, in addition to the regular license fee," and inserting the following: ' $250'

Amend the bill in section 14 by striking out all of subsection 1 (page 3, lines 3 to 7 in L.D.) and inserting the following:

1. Reinstatement fee for suspensions other than for OUI or failure to submit to a test.   Before Except as provided in section 2472, subsection 7, before a suspension for any reason other than OUI or failure to submit to a test is terminated and a license or certificate reinstated, a fee of $50 , in addition to the regular license fee, must be paid to the Secretary of State.’

Amend the bill in section 15 by striking out all of subsection 1-A (page 3, lines 10 to 14 in L.D.) and inserting the following:

1-A. Reinstatement fee for suspensions for OUI or failure to submit to a test.   Before Except as provided in section 2472, subsection 7, before a suspension for OUI or failure to submit to a test is terminated and a license or certificate reinstated, a fee of $50 , in addition to the regular license fee, must be paid to the Secretary of State.’

Amend the bill by adding after section 15 the following:

Sec. 16. Effective date. That section of this Act that enacts the Maine Revised Statutes, Title 29-A, section 2472, subsection 2-A takes effect January 1, 2013.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment is a minority report of the committee.

The bill increases the period of restrictions for an intermediate license holder from 180 days to either 270 days from license issuance or until the person attains 18 years of age, whichever occurs later. This amendment changes the period of restrictions for an intermediate license holder from 270 days as proposed in the bill to 200 days and limits the period of restrictions to that 200-day period but allows that period to extend beyond the person's 18th birthday.

This amendment changes the additional period of restrictions for an intermediate license holder who is adjudicated for a violation of intermediate license restrictions from 270 days as proposed in the bill to 200 days.

This amendment changes the fine imposed on an intermediate license holder for a violation of the restrictions for intermediate license holders from a minimum of $350 as proposed in the bill to not less than $250 and not more than $500.

The bill provides that, before a suspension issued to the holder of an intermediate license is terminated and a license reinstated, a fee of $100, in addition to the regular license fee, must be paid to the Secretary of State. This amendment removes these provisions. The reinstatement fee for suspensions other than for OUI or failure to submit to a test under current law is $50 and applies to intermediate license holders.

This amendment strikes the provision in the bill requiring driver education for persons 18 years of age or older.

This amendment changes the fine for a violation of the prohibition against engaging in text messaging while driving from a minimum of $350 as proposed in the bill to not less than $250 and not more than $500.

This amendment provides that the Department of Public Safety, Bureau of State Police may provide a vehicle registration plate number from an accident report to a person only if that person provides the department an affidavit stating that the person will not use a vehicle registration plate number to identify or contact a person or disseminate a vehicle registration plate number to another person. A person who knowingly uses a vehicle registration plate number provided by the bureau to identify or contact a person or disseminates the number commits a Class E crime.

The bill requires that a defensive driving course must be completed by a juvenile provisional license holder whose license is suspended for a moving violation. This amendment instead requires a juvenile provisional license holder whose license is suspended for a moving violation to complete a minimum of 4 hours of a driver improvement program approved by the Secretary of State. The effective date of this provision is January 1, 2013.

This amendment clarifies that before a suspension that resulted from a juvenile provisional license holder's conviction for an offense listed in the habitual offender law may be terminated the juvenile provisional license holder must successfully complete a road test and written exam.

The bill provides that, before a suspension that resulted from a juvenile provisional license holder's conviction for an offense listed in the habitual offender law is terminated and a license reinstated, a fee of $350, in addition to the regular license fee, must be paid to the Secretary of State. This amendment removes the requirement that the regular license fee be paid to the Secretary of State and changes the reinstatement fee from $350 as proposed in the bill to $250.

The bill increases the suspension terms for moving violations for a juvenile provisional license holder from 30 to 60 days on the first offense; 60 to 180 days on the 2nd offense; and 90 days to one year on the 3rd or subsequent offense. This amendment increases the suspension terms for moving violations for a juvenile provisional license holder from 60 to 120 days on the 2nd offense and from 90 to 270 days on the 3rd or subsequent offense.

FISCAL NOTE REQUIRED
(See attached)


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