An Act To Transfer Jurisdiction of Traffic Adjudications
Maine Legislature, Session 125, LD 1021
Committee: Judiciary
Sponsors: MOULTON

Legislative Document 
No. 1021 
H.P. 757 
House of Representatives, March 10, 2011 
An Act To Transfer Jurisdiction of Traffic Adjudications 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MOULTON of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA c. 3, sub-c. 4 is enacted to read: 
SUBCHAPTER 4 
ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS 
§281.  Transfer of authority to adjudicate traffic infractions 
The authority to adjudicate traffic infractions is transferred from the District Court to 
the Secretary of State effective January 1, 2014. 
§282.  Administrative adjudication of traffic infractions 
Effective January 1, 2014, the Secretary of State shall administratively hear and 
determine all traffic infractions. 
Sec. 2.  Report.  The Secretary of State, in consultation with the Administrative 
Office of the Courts, shall develop and submit to the First Regular Session of the 126th 
Legislature by February 1, 2013 a report that includes recommendations and legislation 
necessary to implement the transfer of authority as provided in section 1.  The report must 
address at least the following elements: 
1.  Elimination of District Court jurisdiction over traffic infractions; 
2.  The need for the replacement or upgrade of computer software and support 
systems at the Judicial Branch Violations Bureau; 
3.  Implementation of a Department of the Secretary of State, Bureau of Motor 
Vehicles and Judicial Branch Violations Bureau computer system interface; 
4.  Immediate availability of data; 
5.  Options for improving suspension notification procedures originating from the 
judicial branch.  All persons whose licenses are suspended by the court, including those 
notified directly by the judicial branch, must also receive notification from the Secretary 
of State; 
6.  Staffing policies and procedures at the Judicial Branch Violations Bureau with the 
goal of providing data to the Secretary of State on violations and patterns of driving 
behavior; 
7.  The administrative hearing process, including standard of proof; 
8.  Appeals from administrative hearings to the Secretary of State, including the 
appropriate standard of review; 
9.  Personnel requirements, including hearing examiners; 
10.  The application of the Law Enforcement Agency Reimbursement Fund 
established in the Maine Revised Statutes, Title 4, section 173, subsection 4-B; 
11.  Fines remitted to the Penobscot Nation or the Passamaquoddy Tribe based on the 
participation of tribal law enforcement agencies, as required in Title 4, section 1059; 
12.  The use of and responsibility for the Uniform Summons and Complaint and the 
Violations Summons and Complaint; 
13.  The establishment of a schedule of fines for traffic infractions; 
14.  Consequences for failure to appear at an administrative hearing; and 
15.  The goals included in the December 16, 2009 report of the judicial branch and 
the Secretary of State, "Enhancing Public Safety & Improving Citizen Service: A Report 
of the Maine Judicial Branch & Maine Department of the Secretary of State." 
SUMMARY 
This bill transfers the jurisdiction over traffic infractions from the District Court to 
the Secretary of State, effective January 1, 2014. 
The Secretary of State, in consultation with the Administrative Office of the Courts, 
shall submit a report on the transition to the First Regular Session of the 126th 
Legislature.  The report must address at least the following: 
1.  Elimination of District Court jurisdiction over traffic infractions; 
2.  The need for the replacement or upgrade of computer software and support 
systems at the Judicial Branch Violations Bureau; 
3.  Implementation of a Department of the Secretary of State, Bureau of Motor 
Vehicles and Judicial Branch Violations Bureau computer system interface; 
4.  Immediate availability of data; 
5.  Options for improving suspension notification procedures originating from the 
judicial branch.  All persons whose licenses are suspended by the court, including those 
notified directly by the judicial branch, must also receive notification from the Secretary 
of State; 
6.  Staffing policies and procedures at the Judicial Branch Violations Bureau with the 
goal of providing data to the Secretary of State on violations and patterns of driving 
behavior; 
7.  The administrative hearing process, including standard of proof; 
8.  Appeals from administrative hearings to the Secretary of State, including the 
appropriate standard of review; 
9.  Personnel requirements, including hearing examiners; 
10.  The application of the Law Enforcement Agency Reimbursement Fund; 
11.  Fines remitted to the Penobscot Nation or the Passamaquoddy Tribe based on the 
participation of tribal law enforcement agencies, as required in the Maine Revised 
Statutes, Title 4, section 1059; 
12.  The use of and responsibility for the Uniform Summons and Complaint and the 
Violations Summons and Complaint; 
13.  The establishment of a schedule of fines for traffic infractions; 
14.  Consequences for failure to appear at an administrative hearing; and 
15.  The goals included in the December 16, 2009 report, "Enhancing Public Safety 
& Improving Citizen Service: A Report of the Maine Judicial Branch & Maine 
Department of the Secretary of State."