An Act To Amend the Motor Vehicle Laws LR 2589(02)
Maine Legislature, Session 121, LD 1700
Committee Amendment CA_A_S473 (Senate)
Amends: 11 MRSA §9, 29-A MRSA §603, 29-A MRSA §469, 29-A MRSA §523, 29-A MRSA §1253, 29-A MRSA §1601-A

COMMITTEE AMENDMENT .. PX to S.P. 632, L.D. 1700, Bill, "An 
Act To Amend the Motor Vehlcle Laws" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
I Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this legislation needs to take effect before the 
expiration of the 90-day period in order to correct a technical 
error in the funding of a position created in Public Law 2003, 
chapter 356; 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: 
PART A 
Sec. A-I. 11 MRSA §9-1317, sub-§(5), as enacted by PL 1999, c. 
699, Pt. A, §2 and affected by §4, is amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~, to S.P. 632, L.D. 1700 
(5) 
Except as otherwise provided in sections 9-1320 and 
9-1321, if a person files a financing statement with respect to a 
purchase-money security interest before or within 20 days after 
the debtor receives delivery of the collateral, the security 
interest takes priority over the rights of a buyer, lessee or 
lien creditor that arise between the time the security interest 
attaches and the time of filing, unless the collateral is covered 
by Title 29-A. chapter 7, in which case the security interest 
takes priority if perfected in accordance with section 9-1303 
within 
days 
after 
the 
debtor 
receives 
delivery 
of 
the 
collateral. 
Sec. A-2. 11 MRS A §9-1324, sub-§(I), as enacted by PL 1999, c. 
699, Pt. A, §2 and affected by §4, is amended to read: 
(1) 
Except as otherwise provided in subsection 
(7), 
a 
perfected purchase-money security interest in goods other than 
inventory or livestock has priority over a conflicting security 
interest in the same goods, and, except as otherwise provided in 
section 9-1327, a perfected security interest in its identifiable 
proceeds 
also 
has 
priority, 
if 
the 
purchase-money 
security 
interest is perfected when the debtor receives possession of the 
collateral or w~~a~n-aQ-eays-~ae~ea~~e~T~ 
(a) 
In the case of goods covered Ay Title 29-A, chapter 7, 
within 30 days thereafter; or 
(b) 
In all other cases. within 20 days thereafter. 
Sec. A-3. 29-A MRSA §603, sub-§4, as amended byPL 2003, c. 
235, §l, is further amended to read: 
4. 
Penalty. 
If an application, certificate of title or 
other document required to be delivered to the Secretary of State 
is not delivered to the Secretary of State within aQ 30 days, the 
Secretary of State shall collect $la5 12Q as a penalty. 
Sec. A-4. 29-A MRS A §654, sub-§2, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. a, §5, is amended to read: 
2. 
Purchased from the dealer. 
If the application is for a 
vehicle purchased from a dealer, in addition to the requirement 
set forth in subsection 1, the application must be signed by the 
dealer 
and 
must 
contain 
the 
name 
and 
the 
address 
of 
any 
lienholder or assignee holding an interest created or reserved at 
the time of sale and the date of the lien. 
The dealer shall, 
within aQ .lQ days after the sale, deliver the application to the 
Secretary of State. 
The dealer must deliver 
a 
copy of the 
application to the lienholder. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to S.P. 632, L.D. 1700 
Sec. A·5. 29·A MRSA §667, sub·§I, ,A, as amended by PL 1997, 
c. 776, §25, is further amended to read: 
A. 
By 
an 
insurer, 
the 
insurer or its designee 
shall 
surrender the certificate of title to the Secretary of State 
and apply for a certificate of salvage, in accordance with 
section 654, within 6Q 
days of the settlement of the 
insurance claim; 
Sec. A·6. PL 2003, c. 356, §14 is amended to read: 
Sec. 
14. 
Appropriations and 
allocations. 
appropriations and allocations are made. 
SECRETARY OF STATE, DEPAR"l'MENT OF THE 
The 
following 
BQ~eaQ-9f-AdmiBis~~a~ive-Se£viee6-aa4-G9Fpe~a~i9B6--9fi9a 
Administration - Motor Vehicles 
0077 
Initiative: 
Allocates 
funds 
operating costs 
necessary to 
Franchise Board. 
for 
one 
Attorney 
staff the 
Maine 
other Special Revenue Funds 
Positions - Legislative Count 
Personal Services 
All Other 
Capital Expenditures 
Other Special Revenue Funds Total 
2003-04 
(1. 000) 
$51,188 
$13,788 
$15,297 
$80,273 
position 
and 
Motor 
Vehicle 
2004-05 
(1. 000) 
$74,057 
$10,488 
$0 
$84,545 
Sec. A·7. Effective date. 
This Part takes effect when approved. 
PARTB 
Sec. B·l. 29·A MRSA §468, first" as amended by PL 2001, c. 
623, §5, is further amended to read: 
The Secretary of State may not issue a specialty license 
plate unless the specialty license plate is authorized by the 
Legislature. 
For 
the 
purposes 
of 
this 
section. 
"specialty 
license plate" means a specially designed registration plate that 
may be used in place of the regular plate and registration for 
fundraising purposes. 
The Secretary of State shall administer a 
specialty 
license 
plate 
in 
accordance 
with 
the 
following 
provisions. 
Sec. B·2. 29·A MRSA §468·A is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~" to S.P. 632, L.D. 1700 
§468-A. 
Recognition license plates 
The Secretary of State may not issue a recognition license 
plate unless the recognition license plate is authorized by the 
Legislature. 
The 
Secretary 
of 
State 
shall 
administer 
a 
recognition license plate in accordance with this section. 
1. 
Definition. 
"Recognition 
license 
plate" 
means 
a 
specially designed registration plate that may be used in place 
of the regular plate and registration for recognition purposes 
only and is not used for fundraising purposes. 
2. 
Sponsor. 
A person shall register with the Secretary of 
State as the sponsor of a recognition license plate. 
3. 
Names. signatures and papent. 
The Secretary of State 
may 
not manufacture 
an 
authorized recognition license plate 
unless 
a 
sponsor under subsection 2 pays in advance for the 
manufacture of at least 2,000 pairs of the recognition license 
plate and provides 
a 
list with 2,000 
names, 
signatures 
and 
current plate numbers of supporters who intend to purchase the 
recognition license plate. 
A payment of $40,000 for 2,000 pairs 
of plates at $20 per pair must be deposited in the Specialty 
License Plate Fund established under section 469. 
After 2,000 
pairs of plates are purchased or 5 years have passed from the 
date 
the 
plate 
is 
authorized, 
whichever 
occurs 
first, 
the 
Secretary of State shall reimburse $20,000 to the sponsor of the 
plate from the Specialty License Plate Fund. 
4. 
Registration fee. 
The fee for the recognition license 
plate is the regular motor vehicle registration fee re'iIuired by 
section 501 and the excise tax re'iIuired by Title 36, section 1482. 
5. 
Minimum number lDanufactured. 
The Secretary of State 
shall manufacture a minimum of 2,000 recognition license plates 
for each recognition license plate authorized under this section. 
6. 
Design anproyal. 
A sponsor must 
submit 
a 
proposed 
design 
for 
a 
recognition 
license 
plate 
for 
approval 
or 
modification by the Secretary of State. 
The 
joint standing 
committee 
of 
the 
Legislature 
haying 
jurisdiction 
over 
transportation matters 
shall 
review the final 
design 
for 
a 
recognition license plate prior to the manufacture of the plate. 
7. 
Duplicate plates. 
The Secretary of State shall issue a 
recognition license plate in a 3-number and 3-letter combination 
sequence. 
Vanity plates may not duplicate vanity plates issued 
in another class of plate. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to S.P. 632, L.D. 1700 
8. 
Deadline for Secretar,y of State cwproval. 
The sponsor 
shall submit to the Secretary of State the names, signatures, 
payment and proposed design for the recognition license plate by 
September 1st. If the design is approved pursuant to subsection 
6, 
the Secretary of State shall submit proposed legislation 
seeking authorization of the recognition license plate to the 
following regular session of the Legislature. 
9. 
Weight limit. 
A recognition license plate may not be 
issued for an automobile or pickup truck that weighs more than 
6,000 pounds. 
Sec. B-3. 29-A MRSA §469, sub-§2, as amended by PL 2001, c. 
623, §6, is further amended to read: 
2. 
Purpose. 
A;l,;l, Except as specified under section 468-A, 
subsection 3 t 
all money credited to the Specialty License Plate 
Fund must 
be 
used 
to 
cover 
the cost of manufacturing 
and 
producing a specialty or recognition license plate authorized 
pursuant to see~ieR sections 468 and 468-A. 
Sec. B-4. 29-A MRSA §523, sub-§3, as repealed and replaced by 
PL 2001, c. 671, §10, is amended to read: 
3. 
Special veterans registration plates. 
The Secretary of 
State, on application and evidence of payment of the excise tax 
required by Title 36, 
section 1482 
and the registration fee 
required by section 501, shall issue a registration certificate 
and a set of special veterans registration plates to be used in 
lieu of 
regular· registration plates 
for 
a 
vehicle 
with 
a 
registered gross weight of not more than 9,000 pounds to any 
person who has served in the United States Armed Forces and who 
has been honorably discharged. 
If a veteran is the primary 
driver of 
vehicles, 
the Secretary of State 
may issue in 
accordance 
with 
this 
section 
a 
set 
of 
special 
veterans 
registration plates for each vehicle. 
Each application must be accompanied by the applicant's Armed 
Forces 
Report 
of 
Transfer 
or 
Discharge, 
DO 
Form 
214, 
or 
certification from the United States Veterans Administration or 
the 
appropriate 
branch 
of 
the 
United 
States 
Armed 
Forces 
verifying 
the 
applicant's 
military 
service 
and 
honorable 
diSCharge. 
All 
surplus 
revenue 
collected 
for 
issuance 
of 
registration plates is retained by the Secretary 
maintain and support this program. 
the 
special 
of State to 
The Secretary of State may issue a set of special veterans 
registration plates in the name of a company if the company is 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A'to S.P. 632, L.D. 1700 
owned solely by a veteran who qualifies for a veteran plate under 
this section. 
The qualifying veteran must be the primary driver 
of the company vehicle. 
The surviving spouse of a special veteran plate recipient issued 
plates in accordance with this subsection may retain and display 
the special veteran plates as 
long 
as 
the 
surv1v1ng 
spouse 
remains unmarried. 
Upon remarriage, the surviving spouse may not 
use the special veteran plates on a motor vehicle, but may retain 
them as a keepsake. 
Upon the death of the surviving spouse, the 
family may retain the special veteran plates, but may not use 
them on a motor vehicle. 
The 
Secretary 
of 
State 
may 
issue 
a 
special 
disability 
registration plate for veterans in accordance with section 521, 
subsections 1, 5, 7 and 9. 
The special disability registration 
plate for veterans must bear the International Symbol of Access. 
Sec. B-5. 29-A MRS A §1002, sub-§8, as amended by PL 2003, c. 
434, 
§l3 and affected by §37, is repealed and the following 
enacted in its place: 
8. 
Vehicle weiqhinq more than 10,000 pounds. 
The following 
provisions apply to the use of dealer plates on vehicles weighing 
more than 10,000 pounds. 
A. 
Except as provided in paragraph B, a truck tractor and 
trailer or semitrailer combination may be operated with 
dealer plates if the dealer is licensed as a new vehicle 
dealer or used vehicle dealer and heavy trailer dealer and 
if the trailer or semitrailer does not contain a load. 
B. 
A dealer must obtain a written permit from the Secretary 
of State to operate a vehicle or combination of vehicles 
carrying a load. The permit must be issued in accordance 
with the following provisions. 
(1) 
The operation of the vehicle or combination of 
vehicles and load must be in conjunction with the sale 
or purchase of a motor vehicle, vehicle or equipment by 
the dealer. 
(2) 
The load must consist of a motor vehicle, trailer 
or equipment that the dealer is licensed to sell. 
(3) 
The 
load 
may 
not 
consist 
of 
more 
than 
one 
automobile, truck or truck tractor at any time. 
(4) 
The initial fee 
and 
renewal fee for 
a 
permit 
issued under this paragraph are $200 each. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to S.P. 632, L.D. 1700 
(5) 
A 
permit expires 
one year 
from 
the 
date 
of 
issuance and may be renewed annually. 
(6) 
A permit must contain the name and address of the 
licensed dealer, an effective date, an expiration date 
and 
any other information reguired by rule by the 
Secretary of State. 
Rules adopted pursuant to this 
subsection are major substantive OR routine technical 
rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 8-6. 29-A MRSA §1253, sub-§2, as amended by PL 2003, c. 
434, §l5 and affected by §37, is further amended to read: 
2. 
Compliance with federal law. 
The State must comply with 
the Commercial 
Motor Vehicle Safety Act of 1986, Public Law 
99-570, Title XII, 
and regulations adopted under that Act in 
issuing or suspending a commercial license. 
In the case of any 
conflict between the federal statute or regulation and a statute 
or rule of this State, the federal statute or regulation must 
apply and take precedence. 
To ensure compliance, the Secretary 
of State shall adopt rules, administrative procedures, practices 
and 
policies, 
organizational 
structures, 
internal 
control 
mechanisms and resource assignments. 
These FQ~eS compliance measures must include, but are not limited 
to, provisions that: 
A. ' Provide for full state participation in the national 
commercial driver's license clearinghouse; 
B. 
Require commercial drivers to have a single license; 
C. 
Reduce and prevent commercial motor vehicle accidents, 
fatalities and injuries by disqualifying commercial drivers 
who 
have 
committed serious traffic or other designated 
offenses from operating commercial motor vehicles; 
D. 
Protect public safety by removing from public ways a 
commercial driver who has: 
(1) 
Operated or attempted to operate 
a 
commercial 
vehicle while having 0.04% or more by weight of alcohol 
in that driver's blood; 
(2) 
Refused 
to 
submit 
to or 
complete 
a 
lawfully 
requested test to determine blood-alcohol level; or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~, to S.P. 632, L.D. 1700 
(3) 
Operated or attempted to operate a motor vehicle 
while under the influence of intoxicating liquor or 
drugs; and 
E. 
Provide maximum safety on public ways. 
Sec. B-7. 29-A MRS A §1354, sub-§6, llA, as amended by PL 1999, 
c. 668, §116, is further amended to read: 
A. 
The Secretary of State shall. establish the Technical 
Review 
Panel 
that 
includes 
representatives 
from 
the 
Department of Education, the Department of Public Safety, 
~he--~~~--~~~~--A66eeia~ieRT 
law 
enforcement 
agencies, the insurance industry, the motor carrier industry 
and 
a 
dr i ver 
education 
teacher 
and 
ins tructor. 
The 
Technical Review Panel shall assist the Secretary of State 
in developing curriculum and teacher and instructor training 
and certification. 
Sec. B-8. Effective date. 
This Part takes effect 90 days after 
adjournment 
of 
the 
Second 
Special 
Session 
of 
the 
121st 
Legislature. 
PARTC 
Sec. C-l. 29-A MRSA §1601-A, sub-§4, as enacted by PL 2001, c. 
463, §2 and affected by §7 and PL 2003, c. 434, §35, is amended 
to read: 
4. 
Suspension.. 
YpeR---t"-eoe-i-pt---&E---£tl-t..i-ee..,.-¥-G¥-ided---:i:R 
s1:i9see&l,.&:&-*T Except as provided in subsection 5, the Secretary 
of State, u,pon receipt of the notice requ,ired in su,bsection 1, 
shall suspend, within 30 days and in accordance with section 
2482, the owner I s registration certificate and plates for that 
motor 
vehicle. 
The 
suspension 
continues until 
that 
person 
provides evidence of insurance to the Secretary of State. 
Sec. C-2. 29-A MRSA §1601-A, sub-§5 is enacted to read: 
5. 
Stored vehicles. 
The Secretary of State, u,pon receipt 
of the notice required in subsection 1, may cancel the owner I s 
registration certificate and plates for a stored vehicle. 
The 
Secretary of State may not reinstate the registration certificate 
and plates u,ntil the owner provides evidence of insurance to the 
Secretary of State. 
For the purposes of this SUbsection, "stored 
vehicle" 
means 
a 
motor vehicle that the Secretary of State 
determines is stored and not operated for a period of at least 3 
consecu,tive months per year. 
The Secretary of State may not, 
u,pon cancellation, refu,nd any portion of the registration fee. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to S.P. 632, L.D. 1700 
Sec. C-3. Effective date. 
This Part takes effect January 1, 
2005. 
Emergency clause. 
preamble, 
this 
Act 
otherwise indicated.' 
In view of 
takes 
effect 
the emergency cited in 
when 
approved, 
except 
SUMMARY 
This amendment replaces the bill and does the following. 
the 
as 
Part 
A extends 
the 
period that 
dealers 
and 
financial 
institutions have to apply for titles from 20 to 30 days and 
reduces the late filing fee from $125 to $50. 
It also corrects a 
technical error in the funding of a position created in Public 
Law 2003, chapter 356 and moves the Other Special Revenue Funds 
allocation for the Maine Motor Vehicle Franchise Board from the 
Bureau of Administrative Services and Corporations to the Bureau 
of Motor Vehicle Administration account. 
Part B does the following. 
1. 
It creates a process for the Secretary of State to issue 
recognition license plates. 
2. 
It retains the provJ.sJ.on in the bill that allows the 
Secretary of State to 
issue special disability registration 
plates for veterans. 
3. 
It allows dealers to carry a 
load on a vehicle or 
combination of vehicles while using their dealer plates if the 
load is in conjunction with the sale or purchase of a motor 
vehicle, trailer or equipment by the dealership. 
The load may 
consist of only one automobile, truck or truck tractor. 
The load 
may consist of multiple trailers or equipment that the dealer is 
licensed to sell. 
The dealer is allowed to purchase more than 
one permit, which may be renewed annually. 
4. 
It clarifies that, in addition to rules, the State shall 
adopt 
administrative 
procedures, 
practices 
and 
policies, 
organizational 
structures, 
internal 
control 
mechanisms 
and 
resource 
assignments 
to 
ensure 
compliance 
with 
the 
federal 
Commercial Motor Vehicle Safety Act of 1986. 
5. 
It 
removes the requirement that a representative of the 
American Automobile Association serve on the Secretary of State's 
Technical Review Panel for driver education. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A· to S.P. 632, L.D. 1700 
Part C allows the Secretary of State to cancel and not 
suspend the motor vehicle registration for stored vehicles for 
which 
insurance coverage is cancelled, 
terminated or 
lapsed 
effective January 1, 2005. 
FISCAL :\on: REQllR£.U 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
Highway Fund 
... {evenue 
Highway Fund 
Fiscal Detail and Notes 
Approved: 03126/04 ;:t;?ae 
Office of Fiscal and Program Review 
LD 1700 
An Act To Amend the Motor Vehicle Laws 
LR 2589(02) 
Fiscal Note for Bill as Amended by Committee Amendment A 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
2003-04 
2004-05 
2005-06 
$0 
($15,000) 
($15,000) 
$0 
$15,000 
$15,000 
, '; 
Projections 
2006-07 
($15,000) 
$15,000 
The establishment of a fee for certain vehicle load permits will increase annual Highway Fund revenue collected by 
the Bureau of Motor Vehicles by $15,000 beginning in fiscal year 2004-05. 
LR2589(2) - Fiscal Note - Page 1 of 1