An Act Relating to Penalties for Drug Offenses
Maine Legislature, Session 127, LD 1647
Senate Amendment SA_A_S440 (Senate)
Amends: 29-A MRSA §2503-A

SENATE AMENDMENT" A" to S.P. 672, LD. 1647, Bill, "An Act Relating to 
Penalties for Drug Offenses" 
Amend the bill by adding after section 3 the following: 
'Sec. 4. 29-A MRSA §2503-A is enacted to read: 
§2503-A. Restricted license for transportation to and from child care 
1. Definitions. As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings. 
A. "Child care facility" has the same meaning as in Title 22. section 8301-A. 
B. "Dependent child" means a person younger than 13 years of age for whom the 
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petitioner has responsibility. including a natural child. stepchild. adopted child or 
child placed for adoption with the petitioner. 
2. Administrative suspension; restricted license for transportation to and from 
child care. 
On receipt of a petition for a restricted license for transportation of a 
dependent child to and from a child care facility from a person under suspension pursuant 
to Title 17-A. section 1125 or section 2453, section 2453-A or section 2472, subsection 3, 
paragraph B or C for a first offense, the Secretary of State may stay a suspension during 
the statutory suspension period and issue a restricted license for transportation of a 
dependent child to and from a child care facility. if the petitioner shows by clear and 
convincing evidence that: 
A. As determined by the Secretary of State. a license is necessary to operate a motor 
vehicle between the residence and the child care facility for that petitioner's 
dependent child; 
B. No alternative means of transportation is available; and 
C. The petitioner has not, within 10 years, been under suspension for an OUI offense 
or pursuant to Title 17-A, section 1125 or section 2453 or 2453-A. 
3. Suspension. The Secretary of State shall suspend. without preliminary hearing, a 
restricted license issued pursuant to this section of a person who: 
SENA TE AMENDMENT 
. ·' SENA TE AMENDMENT" A" to S.P. 672, L.D. 1647 
A. 
ls adjudicated or convicted of any violation of the provisions of Title 17-A, 
chapter 45, except for section 1116 or this Title committed during the period when a 
restricted license for transportation to and from child care has been issued; 
B. Violates any restriction or condition of the license; or 
C. Has not completed the alcohol and drug program under section 2504 by the end of 
the statutory suspension period.' 
SUMMARY 
This amendment allows a person whose license has been suspended for conviction of 
a drug crime, as proposed in the bill, or for operating under the influence of alcohol or 
drugs to get a restricted license to allow that person to transport a child to and from a 
child care facility. The restricted license is similar to a work-restricted license, with 
similar requirements and penalties for violating the restrictions. 
The amendment defines "child care facility" as a child care center, small child care 
facility or nursery school, but does not include in the definition a facility operated by a 
family child care provider, a youth camp, programs offering instruction to children for the 
purpose of teaching a skill such as karate, dance or basketball, a formal public or private 
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school in the nature of a kindergarten or elementary or secondary school or a private 
school recognized by the Dej>artment of ~du_calion as meeting certain criteria. 
SPONSORED BY: 
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(Senator VOLK) 
COUNTY: Cumberland 
SENA TE AMENDMENT