An Act To Ensure Maine Is in Compliance with Certain Federal Drug Laws
Maine Legislature, Session 128, LD 1637
Committee Amendment CA_A_S310 (Senate)
Amends: 15 MRSA §3314, 17-A MRSA §1125, 29-A MRSA §2411, 29-A MRSA §2451, 29-A MRSA §2508

COMMITTEE AMENDMENT "A" to S.P. 588, L.D. 1637, Bill, "An Act To 
Ensure Maine Is in Compliance with Certain Federal Drug Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §3314, sub-§3-A, as corrected by RR 2009, c. 2, §36, is 
amended to read: 
3-A. Operator's license suspension for certain drug offenses. The court may 
suspend for a period of up to 6 months the license or permit to operate, right to operate a 
motor vehicle and right to apply for and obtain a license of any person who, in the 
absence of compelling circumstances warranting an exception, violates Title 17 A, 
chapter 4 5; Title 22, section 23 83, unless the juvenile is authorized to possess marijuana 
for medical use pursuant to Title 22, ehapter 558 C; Title 22, section 2389, subsection 2-; 
or Title 28-A, section 2052 and is adjudicated pursuant to this chapter to have committed 
a juvenile crime. 
The court shall give notice of suspension and take physical custody of an operator's 
license or permit as provided in Title 29-A, section 2434. The court shall immediately 
forward the operator's license and a certified abstract of suspension to the Secretary of 
State. 
Sec. 2. 15 MRSA §3314, sub-§3-B, as enacted by PL 2005, c. 328, §13, is 
amended to read: 
3-B. Operator's license suspension for drug trafficldng. If a juvenile uses a motor 
vehicle to facilitate the trafficking of a scheduled drug, the court may shall, in the absence 
1 
of compelling circumstances warranting an exception, in addition to other authorized 
penalties, suspend the juvenile's operator's license, permit, privilege to operate a motor 
vehicle or right to apply for or obtain a license for a period not less than 6 months and not 
to exceed more than one year. A suspension may not begin until after any period of 
incarceration is served. If the court suspends a juvenile's operator's license, permit, 
6 
privilege to operate a motor vehicle or right to apply for or obtain a license, the court 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 588, L.D. 1637 
shall notify the Secretary of State of the suspension and the court shall take physical 
custody of the juvenile's operator's license. The Secretary of State may not reinstate the 
juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply 
for or obtain a license unless the juvenile demonstrates that after having been released 
and discharged from any period of incarceration that may have been ordered, the juvenile 
has served the period of suspension ordered by the court. 
Sec. 3. 15 MRSA §3314, sub-§3-C is enacted to read: 
3-C. Mandatory operator's license suspension for certain drug offenses. The 
court shall, in the absence of compelling circumstances warranting an exception, suspend 
for a period of 6 months the license or permit to operate, right to operate a motor vehicle 
and right to apply for and obtain a license of any person who violates Title 17-A, chapter 
or Title 22, section 2383, unless the juvenile is authorized to possess marijuana for 
medical use pursuant to Title 22, chapter 558-C. 
The court shall give notice of suspension and take physical custody of an operator's 
license or permit as provided in Title 29-A, section 2434. The court shall immediately 
forward the operator's license and a certified abstract of suspension to the Secretaiy of 
State. 
Sec. 4. 17-A MRSA §1125 is enacted to read: 
§1125. Mandatory driver's license suspension; mandatory delay in license issuance 
or reinstatement 
1. 
In the absence of compelling circumstances warranting an exception, the court 
shall suspend for 6 months the driver's license of a person convicted of a crime under this 
chapter, except for a conviction under section 1116. 
2. 
In the absence of compelling circumstances warranting an exception, if a person 
convicted of violating a provision of this chapter, except for a conviction under section 
1116, does not have a driver's license, or the person's driver's license is suspended at the 
time of conviction, the court shall order that the issuance or reinstatement of a driver's 
license to the person be delayed for 6 months after the person applies for issuance or 
reinstatement of a driver's license. 
Sec. 5. 29-A MRSA §2411, sub-§5, ~]A, as amended by PL 2013, c. 389, § 1 and 
affected by §7, is further amended to read: 
A. For a person having no previous OUI offenses within a 10-year period: 
(I) A fine of not less than $500, except that if the person failed to submit to a 
test, a fine of not less than $600; 
(2) A court-ordered suspension of a driver's license for a period of -±-$-0 180 days.,_ 
If the court finds compelling circumstances warranting an exception to the 180-
day suspension period, the court shall order suspension of the person's driver's 
license for 150 days; and 
(3) A period of incarceration as follows: 
(a) Not less than 48 hours when the person: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to S.P. 588, L.D. 1637 
(i) Was tested as having an alcohol level of 0.15 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath; 
(ii) Was exceeding the speed limit by 30 miles per hour or more; 
(iii) Eluded or attempted to elude an officer; or 
(iv) Was operating with a passenger under 21 years of age; and 
(b) Not less than 96 hours when the person failed to submit to a test at the 
request of a law enforcement officer; 
Sec. 6. 29-A MRSA §2451, sub-§3, 1A, as repealed and replaced by PL 2015, c. 
329, Pt. A, §17, is amended to read: 
A. One hundred fifty tlgh!y days, if the person has one OUI conviction within a 10-
year period. If the court finds compelling circumstances warranting an exception to 
the 180-day suspension period, the court shall order a suspension period of 150 days; 
Sec. 7. 29-A MRSA §§2451-A and 2451-B are enacted to read: 
§2451-A. Suspension for drug offense 
1. Recording and notice by Secretary of State. On receipt of an attested copy of 
the court record of a suspension of the driver's license of a person convicted of violating 
the federal Controlled Substances Act of 1970, 21 United States Code, Section 801 et seq. 
or of any criminal offense specified in Title 17-A, chapter 45, except for a conviction 
under Title 17-A, section 1116, the Secretary of State shall immediately record the 
suspension and send written notice of the suspension to the person whose driver's license 
has been suspended. 
2. Suspension, recording and notice by Secretary of State. Except as provided in 
subsection 1, on receipt of an attested copy of the court record of a conviction of a person 
of a violation of the federal Controlled Substances Act of 1970, 21 United States Code, 
Section 801 et seq. or of any criminal offense specified in Title 17-A, chapter 45, except 
for a conviction under Title 17-A, section 1116, the Secretary of State shall suspend the 
driver's license of the person, immediately record the suspension and send written notice 
of the suspension to the person whose driver's license has been suspended. 
3. 
Suspension period. 
The period of the driver's license suspension recorded 
pursuant to subsection 1 is that ordered by the court under subsection 1 or the Secretary 
of State under subsection 2. 
§2451-B. Delayed issuance or reinstatement of driver's license for drug offense 
1. Court record of delay in issuance or reinstatement. On receipt of an attested 
copy of the court record of a delay in the issuance or reinstatement of a driver's license of 
a person convicted of violating the federal Controlled Substances Act of 1970, 21 United 
States Code, Section 801 et seq. or of any criminal offense specified in Title 17-A, 
chapter 45, except for a conviction under Title 17-A, section 1116, the Secretary of State 
shall immediately record the court-ordered delay and send written notice to the person 
whose driver's license is the subject of the court-ordered delay that the issuance or 
reinstatement of the person's driver's license will be delayed for the time ordered by the 
COMMITTEE AMENDMENT 
t',. d, $. 
COMMIITEE AMENDMENT" A" to S.P. 588, L.D. 1637 
court after the person applies for the issuance or reinstatement of that person's driver's 
license. 
2. Court record of conviction. On receipt of an attested copy of the court record of 
a conviction of a person of a violation of the federal Controlled Substances Act of 1970, 
United States Code, Section 801 et seq. or of any criminal offense specified in Title 
17-A, chapter 45, except for a conviction under Title 17-A, section 1116, the Secretary of 
State shall immediately order a delay in the issuance or reinstatement of a driver's license, 
record the delay and send written notice to the person whose driver's license is the subject 
of the delay that the issuance or reinstatement of the person's driver's license will be 
delayed for the time ordered by the Secretary of State after the person applies for the 
issuance or reinstatement of that person's driver's license. 
Sec. 8. 29-A MRSA §2508, sub-§1, ,fA-1, as enacted by PL 2013, c. 389, §3 and 
affected by §7, is amended to read: 
A-1. The license of a person with one OUI offense may be reinstated after 30 days of 
the suspension period has run if the person has installed for a period of -1-W 180 days 
or the length of time remaining for a suspension imposed pursuant to section 2411, 
subsection 5, paragraph A, subparagraph (2), whichever is shorter, an ignition 
interlock device approved by the Secretary of State in the motor vehicle the person 
operates. If the 180-day period applies to the person and the court finds compelling 
circumstances warranting an exception to the 180-day period, the court shall order a 
period of 150 days. 
Sec. 9. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF 
Administration - Motor Vehicles 0077 
Initiative: Provides a one-time allocation for computer updates. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
SUMMARY 
2017-18 
$5,597 
$5,597 
2018-19 
$0 
$0 
This amendment is the minority report of the committee and replaces the bill. The 
amendment brings Maine's driver's license suspension provisions into compliance with 
the federal Controlled Substances Act of 1970. The amendment provides a mandatory 6-
month driver's license suspension or delay in issuance or reinstatement for certain drug 
convictions and operating under the influence convictions, providing an exception for 
compelling circumstances. The amendment enacts similar penalties and exceptions for 
certain juvenile drug crime convictions and adjudications. The amendment provides for 
notice to the Secretary of State when a court suspends or delays a driver's license under 
the law, recording of the suspension and a procedure for notice to the driver. 
The 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT"~ "to S.P. 588, L.D. 1637 
amendment provides for notice to and suspension by the Secretary of State when a court 
enters a judgment of conviction under the law. 
The amendment also adds an appropriations and allocations section. 
'FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/21/17 wac. 
LD 1637 
LR 2381(02) 
An Act To Ensure Maine Is in Compliance with Certain Federal Drug Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'A' l S- ~ \ 0 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
Highway Fund 
Revenue 
General Fund 
Highway Fund 
Correctional and Judicial Impact Statements 
Increases caseloads with no effect on fines or fees 
Fiscal Detail and Notes 
Fiscal Note 
FY 2017-18 
($22,500) 
($121,903) 
$5,597 
$22,500 
$127,500 
FY 2018-19 
($30,000) 
($170,000) 
$0 
$30,000 
$170,000 
Projections 
FY2019-20 
($30,000) 
($170,000) 
$0 
$30,000 
$170,000 
Projections 
FY 2020-21 
($30,000) 
($170,000) 
$0 
$30,000 
$170,000 
This bill provides a mandatory driver's license suspension for certain drug convictions and would result in an increase 
in General Fund revenue of $22,500 in fiscal year 2017-18 and $30,000 in fiscal year 2018-19 and an increase in 
Highway Fund revenue of $127,500 in fiscal year 2017-18 and $170,000 in fiscal year 2018-19. This estimate is 
based upon 4,000 convictions over the past two years with reinstatement fees of $50 each for a total of $200,000 
collected annually. By statute, 15% is credited to the General Fund and 85% is credited to the Highway Fund. 
The bill includes a one-time Highway Fund allocation of $5,597 computer programming. 
LR2381(02) - Fiscal Note - Page 1 of 1