An Act To
Maine Legislature, Session 123, LD 1674
Committee Amendment CA_A_S83 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 579, L.D. 1674, Bill, "An Act To 
Amend the Habitual Offender and Felony Operating Under the Influence Laws" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in the interest of ensuring the public safety on our roads, the Legislature 
passed a number of changes to the operating after suspension and habitual offender laws 
during the Second Regular Session of the l22nd Legislature; and 
Whereas, corrections proposed in this Act will carry out the intent of the recent law 
by incorporating changes inadvertently omitted and will clarify the application of other 
existing law; 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,' 
Amend the bill in section 5 in subsection 1 in the last 2 lines (page 2, lines 11 and 12 
in L.D.) by striking out the following: "The Secretary of State may then impose the 
longer period of revocation provided in subsection 2." and inserting the following: 'If the 
court fails to revoke the license, the Secretary of State shall impose a 5-year revocation, 
unless the longer period of revocation under subsection 2 is imposed.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"", " to S.P. 579, L.D. 1674 
SUMMARY 
This amendment adds an emergency preamble and emergency clause to the biH to 
ensure that omissions in changes to the operating after suspension and habitual offender 
laws enacted pursuant to Public Law 2005, chapter 606 are immediately corrected. The 
amendment also clarifies that the Secretary of State's authority to impose license 
revocation is not changed. If the court fails to revoke a license for criminal homicide or 
attempted criminal homicide, the Secretary of State shaH impose a 5-year revocation, 
unless a longer revocation is imposed under the Maine Revised Statutes, Title 29-A, 
section 2454, subsection 2. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/25107 .::tvac:.. 
LD 1674 
LR2432(02) 
An Act To Amend the Habitual Offender and Felony Operating Under the Influence Laws 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class C crimes; increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This legislation increases operating after suspension (Class C penalties) for prior convictions by increasing mandatory 
sentences for a person who has one prior conviction by 120 days in a county jail at a cost of $13,080 for each 
sentence; for a person who has two prior convictions their sentence increases by 9 months and a day in a Department 
of Corrections facility at a cost of $28,222 for each sentence; and for a person who has three prior convictions, their 
sentence increases to a minimum term of two years in a Department of Corrections facility at a cost of$75,190 for 
each sentence. 
LR2432(02) - Fiscal Note - Page 1 of I