An Act Regarding the Bureau of Motor Vehicles
Maine Legislature, Session 131, LD 1072
Committee: Transportation
Sponsors: CHIPMAN, WILLIAMS, GROHOSKI, ALBERT, ANKELES, CRAFTS, MASON, O'CONNELL, THERIAULT, WHITE
Amends: 29-A MRSA §152, 29-A MRSA §160, 29-A MRSA §251, 29-A MRSA §351, 29-A MRSA §460-A, 29-A MRSA §462, 29-A MRSA §954-A, 29-A MRSA §501, 29-A MRSA §523, 29-A MRSA §702, 29-A MRSA §1251, 29-A MRSA §1253, 29-A MRSA §1301, 29-A MRSA §1302, 29-A MRSA §1354, 29-A MRSA §1410, 29-A MRSA §2454, 29-A MRSA §2458

Legislative Document
No. 1072
S.P. 441
In Senate, March 9, 2023
An Act Regarding the Bureau of Motor Vehicles
Submitted by the Secretary of State pursuant to Joint Rule 204.
Reference to the Committee on Transportation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHIPMAN of Cumberland.
Cosponsored by Representative WILLIAMS of Bar Harbor and
Senator: GROHOSKI of Hancock, Representatives: ALBERT of Madawaska, ANKELES of 
Brunswick, CRAFTS of Newcastle, MASON of Lisbon, O'CONNELL of Brewer, 
THERIAULT of Fort Kent, WHITE of Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §152, sub-§5, as amended by PL 1997, c. 776, §5, is further 
amended to read:
5.  Assign new identification number.  Assign a new identification number to a 
vehicle if it has none, or if the vehicle's identification number is destroyed or obliterated, 
or if the frame, chassis or, if the vehicle is a truck, the cab is changed, or if the vehicle is a 
reconstructed motorcycle, and shall issue a new certificate of title showing the new 
identification number upon surrender of the old certificate and completion of an application 
for title and payment of the fee; and
Sec. 2.  29-A MRSA §152, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
6.  Other data.  Require data necessary on forms, applications, certificates, licenses or 
other documents.; and
Sec. 3.  29-A MRSA §152, sub-§7 is enacted to read:
7.  Waive penalty or fee.  Waive a penalty or fee required under this Title if the 
Secretary of State or the secretary's designee determines that the circumstances justify a 
waiver. The Secretary of State shall adopt rules to administer this subsection that must 
include but are not limited to rules identifying circumstances that may justify a waiver. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 4.  29-A MRSA §160 is enacted to read:
§160.  Restriction of weapons in bureau offices
A person may not carry firearms, dangerous weapons, explosives, incendiary devices 
or implements that by their nature are capable of being used to injure a person or destroy 
property in any bureau office.  This section does not apply to a law enforcement officer 
who is on duty or off duty. 
Sec. 5.  29-A MRSA §251, sub-§2-A, as enacted by PL 2003, c. 434, §4 and 
affected by §37, is amended to read:
2-A.  Databases.  The Secretary of State may provide databases of records pertaining 
to applications, registrations and certifications of vehicles and to driver's licenses to 
individuals, businesses and other entities as allowed by section 256 and all other applicable 
laws.  The Secretary of State shall adopt rules to establish a fee schedule and governing 
procedures.
Sec. 6.  29-A MRSA §351, sub-§5, as amended by PL 2001, c. 671, §4, is further 
amended to read:
5.  Expiration of 14-day 30-day temporary registration plate.  Notwithstanding the 
provisions of this section, a person who operates a vehicle with an expired temporary 
registration plate issued pursuant to section 462 954-A commits:
A.  A traffic infraction for which a forfeiture fine of not more than $50 may be adjudged 
if the registration has been expired for less than 150 days; or
B.  A Class E crime if the registration has been expired for 150 days or more.
Sec. 7.  29-A MRSA §460-A, as enacted by PL 2011, c. 356, §4, is repealed.
Sec. 8.  29-A MRSA §462, as amended by PL 2021, c. 126, §1, is reallocated to 
29-A MRSA §954-A.
Sec. 9.  29-A MRSA §501, sub-§7, ¶A, as amended by PL 2019, c. 650, §2, is 
further amended to read:
A.  A temporary registration permit is limited in use for transportation of a vehicle after 
sale, transportation necessary for service or repairs of a vehicle, occasional seasonal 
relocation of a vehicle or occasional transportation necessary for the relocation of a 
tiny home:
(1)  Between the points of origin and destination and intermediate points, as set 
forth in the permit; or
(2)  From the point of origin to the destination and back to the point of origin, 
including any intermediate points, as set forth in the permit.
Sec. 10.  29-A MRSA §523, sub-§3, as amended by PL 2017, c. 43, §2 and 
amended by PL 2019, c. 377, §6, is further 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 or by section 504, subsection 1 for a vehicle with a registered 
gross weight over 10,000 pounds, 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 26,000 pounds to any person who has served in 
the United States Armed Forces and who has been honorably discharged, any person who 
has served a minimum of 20 years in the National Guard and has been honorably discharged 
or to a person who has served in the United States Armed Forces for at least 3 years and 
continues to serve.  If a person who qualifies for a special veterans registration plate under 
this subsection is the primary driver of 3 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, DD Form 214, 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, or a letter from the Department of Defense, 
Veterans and Emergency Management, Maine Bureau of Veterans' Services verifying 
active duty military service and length of service or a Form 22 from the United States 
Department of Defense, National Guard Bureau indicating a minimum of 20 years of 
service.
The Secretary of State shall recall a special veterans registration plate of a recipient who 
has been less than honorably discharged from the United States Armed Forces.
All surplus revenue collected for issuance of the special registration plates is retained by 
the Secretary of State to maintain and support this program.
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 surviving 
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.
The Secretary of State may issue a set of special veterans registration plates when the 
qualifying veteran is the primary driver of a company-owned vehicle if:
A.  The company is owned solely by a veteran who qualifies for a veteran plate under 
this section;
B.  The vehicle is leased by a veteran who qualifies for the veteran plate under this 
subsection; or
C.  The vehicle is leased by the employer of a veteran who qualifies for the veteran 
plate and the employer has assigned the vehicle exclusively to the veteran.  The 
employer must attest in writing that the veteran will have exclusive use of the vehicle 
and agrees to the display of the special veteran plate.
Sec. 11.  29-A MRSA §523, sub-§3-A, as amended by PL 2011, c. 356, §12 and 
amended by PL 2019, c. 377, §6, is further amended to read:
3-A.  Motorcycle plates; veterans.  In addition to any plate issued pursuant to 
subsection 3, 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 515, 
subsection 1, shall issue a registration certificate and a special veterans registration plate 
for up to 3 designated motorcycles owned or controlled by a person who has served in the 
United States Armed Forces and who has been honorably discharged, a person who has 
served a minimum of 20 years in the National Guard and has been honorably discharged 
or to a person who has served in the United States Armed Forces for at least 3 years and 
continues to serve.
Each application must be accompanied by the applicant's Armed Forces Report of Transfer 
or Discharge, DD Form 214, certification from the United States Department of Veterans 
Affairs or the appropriate branch of the United States Armed Forces verifying the 
applicant's military service and honorable discharge, or a letter from the Department of 
Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services 
verifying active duty military service and length of service or a Form 22 from the United 
States Department of Defense, National Guard Bureau indicating a minimum of 20 years 
of service.
The Secretary of State shall recall a special veterans registration plate of a recipient who 
has been less than honorably discharged from the United States Armed Forces.
All surplus revenue collected for issuance of the special veterans registration plates is 
retained by the Secretary of State to maintain and support this program.
Upon request the Secretary of State shall issue special veterans registration plates for a 
motorcycle that are also vanity plates.  These plates are issued in accordance with this 
section and section 453.  Vanity plates issued under this subsection may not duplicate 
vanity plates issued in another class of plate.
The surviving spouse of a recipient of a special veterans registration plate issued in 
accordance with this subsection may retain and use the plate or plates as long as the 
surviving spouse remains unmarried.  Upon remarriage, the surviving spouse may not use 
the plate or plates, but may retain them.  Upon the death of the surviving spouse, the family 
may retain the plate or plates, but may not use them.
The Secretary of State may not issue special commemorative decals under subsection 5 or 
for use on special veterans registration plates for a motorcycle.
Sec. 12.  29-A MRSA §702, sub-§2-A, as enacted by PL 2021, c. 216, §20, is 
amended to read:
2-A.  Lienholder registration.  A lienholder who secures a lien on 15 or more titles 
annually participates in the electronic lien titling program is required to register with the 
Secretary of State for a lienholder identification number in accordance with rules adopted 
by the Secretary of State.
Sec. 13.  29-A MRSA §1251, sub-§6, ¶C, as amended by PL 1995, c. 482, Pt. B, 
§17, is further amended to read:
C.  A spouse of a member of the United States Armed Forces while accompanying that 
member on active duty assignment to this State, and who is not a resident of this State 
and who has a valid license issued by another jurisdiction; and
Sec. 14.  29-A MRSA §1251, sub-§6, ¶D, as corrected by RR 2003, c. 2, §92, is 
amended to read:
D.  A person operating a motor vehicle in a parking area under the supervision of an 
instructor during career and technical education as defined by Title 20‑A, section 
8301‑A, subsection 2‑A.; and
Sec. 15.  29-A MRSA §1251, sub-§6, ¶E is enacted to read:
E.  A person who is not a citizen of the United States and who has a valid license issued 
by a foreign jurisdiction for up to one year after becoming a resident of this State. 
Sec. 16.  29-A MRSA §1253, sub-§7 is enacted to read:
7.  Conviction for severe forms of trafficking in persons.   The Secretary of State 
shall permanently revoke, without preliminary hearing, the commercial driver's license of 
a person who has been convicted of a felony involving an act or practice of severe forms 
of trafficking in persons, as defined in 22 United States Code, Section 7102.11 (2000), in 
which a commercial motor vehicle was used. This permanent revocation is pursuant to the 
requirements of 49 Code of Federal Regulations, Part 383.51.
Sec. 17.  29-A MRSA §1301, sub-§6-A, as amended by PL 2017, c. 229, §19, is 
further amended to read:
6-A.  Confidentiality.  Except as required by 18 United States Code, Section 2721(b) 
or as needed to implement the federal National Voter Registration Act of 1993, the federal 
Help America Vote Act of 2002 or other federal election law within the central voter 
registration system described under Title 21-A, chapter 3, subchapter 7, the Secretary of 
State may not disseminate information collected under subsection 6. For every willful 
violation of this subsection, a person commits a civil violation for which a fine of not more 
than $500 may be adjudged.
Sec. 18.  29-A MRSA §1302, sub-§1, ¶C, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read:
C.  When the minor has no does not have a parent, guardian or spouse who has attained 
the age of 18 years of age, signed by the employer of the minor if that employer is 18 
years of age or older; or
Sec. 19.  29-A MRSA §1302, sub-§1, ¶D, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read:
D.  Accompanied by an attested copy of a court order of emancipation under Title 15, 
section 3506‑A.; or
Sec. 20.  29-A MRSA §1302, sub-§1, ¶E is enacted to read:
E.  Accompanied by evidence that the minor is an unaccompanied noncitizen minor 
under federal immigration law and otherwise meets all other eligibility criteria under 
state and federal law.
Sec. 21.  29-A MRSA §1354, sub-§2, as amended by PL 2021, c. 216, §§42 and 
43, is further amended to read:
2.  Licenses required.  A person may not operate a driver education school, conduct 
driver education or act as an instructor unless licensed by the Secretary of State.
A.  A Class A 1 driver education school license may be issued to a driver education 
school that employs Class A 1 instructors and that is authorized to teach both the 
classroom and behind-the-wheel phases of driver education and behind-the-wheel 
private lessons to individuals who hold a valid learner's permit, driver's license or 
temporary driver's license.  A driver education school licensed under this paragraph 
may also employ Class B 2 instructors to provide the behind-the-wheel phase of driver 
education and behind-the-wheel private lessons.  A driver education school licensed 
under this paragraph may teach both the classroom and behind-the-wheel phases of 
driver education and behind-the-wheel private lessons.
B.  A Class A 1 instructor license authorizes the holder to teach both the classroom and 
behind-the-wheel phases of driver education as an employee or affiliate of a licensed 
driver education school.
C.  A Class B 2 instructor license authorizes the holder to teach only the behind-the-
wheel phase of driver education as an employee or affiliate of a licensed driver 
education school.
C-1.  A Class 3 instructor license authorizes the holder to teach only the classroom 
phase of driver education as an employee or affiliate of a licensed driver education 
school.
D.  A Class B 2 driver education school license may be issued to a driver education 
school that employs a Class A 1 or Class B 2 instructor.  A driver education school 
licensed under this paragraph may provide only behind-the-wheel private lessons to 
individuals who hold a valid learner's permit, driver's license or temporary driver's 
license.
Sec. 22.  29-A MRSA §1354, sub-§4, ¶I, as enacted by PL 2021, c. 216, §44, is 
amended to read:
I.  The applicant shall submit to having fingerprints taken.  The Bureau of Motor 
Vehicles shall make available an approved list of agencies providing fingerprinting.  
Upon payment to an approved agency by the applicant and after the approved agency 
takes or causes to be taken the applicant's fingerprints and forwards the fingerprints to 
the State Bureau of Identification, the State Bureau of Identification shall conduct state 
and national criminal history record checks.  Fingerprinting is required upon initial 
application and every 5 6 years thereafter.
Sec. 23.  29-A MRSA §1410, sub-§12 is enacted to read:
12.  Temporary nondriver identification card.   The Secretary of State may issue a 
temporary nondriver identification card to an applicant that is valid for up to 90 days. 
Sec. 24.  29-A MRSA §2454, sub-§1, as enacted by PL 1995, c. 368, Pt. AAA, 
§19, is amended to read:
1.  Minimum revocation.  Subject to the longer period of revocation provided in 
subsection 2, the license of any person who, as a result of the operation of a motor vehicle 
in such a manner as to cause the death of any person, is convicted of criminal homicide or 
an attempt of criminal homicide, or who is adjudicated to have committed a juvenile 
offense of criminal homicide or an attempt of criminal homicide, must be revoked 
immediately by the Secretary of State upon receipt of an attested copy of the court records, 
without further hearing, for a period of at least 5 years as long as the attested copy of court 
records is received within one year of the date of conviction.
Sec. 25.  29-A MRSA §2458, sub-§2-A, as amended by PL 2019, c. 467, §1, is 
further amended to read:
2-A.  Minimum suspension for negligent operation.  The Secretary of State without 
preliminary hearing shall suspend for a period of at least one year a person's license if the 
Secretary of State, based on the Secretary of State's records or other sufficient evidence, 
finds that person to have negligently operated a motor vehicle in a manner so as to cause 
the death of another person.  Prior to the determination and issuance of the suspension, the 
Secretary of State shall notify any immediate family of the victim and shall consider written 
or oral statements received from the immediate family in response to the notice.  Upon 
suspending the person's license, the Secretary of State shall notify that person of an 
opportunity for hearing as provided in section 2483.  If a person whose license is suspended 
under this subsection requests a hearing, the suspension is stayed pursuant to section 2483.
Sec. 26.  Retroactivity.  That section of this Act that amends the Maine Revised 
Statutes, Title 29-A, section 2454, subsection 1 applies to all records received by the 
Secretary of State on or after July 1, 2022.
SUMMARY
This bill does the following. 
1.  It restricts the carrying of weapons in Department of the Secretary of State, Bureau 
of Motor Vehicles offices to on-duty or off-duty law enforcement officers.
2.  It allows the Secretary of State or the secretary's designee to waive a penalty or fee 
if it is determined that the circumstances that caused the penalty or fee to justify the waiver.
3.  It reallocates the provisions of law governing the issuance of temporary license 
plates from the laws governing motor vehicle registration to the laws governing motor 
vehicle dealers, who issue the plates.  It also changes cross-references as needed and makes 
a change for consistency with current law.  
4.  It repeals the honorary consul license plate as the Federal Government has advised 
states not to issue them.
5.  It specifies that the issuance of a temporary registration permit for the transportation 
of a tiny home is for occasional transportation only. 
6.  It requires a lienholder who participates in the electronic lien titling program to 
register with the Secretary of State.  
7.  It exempts a person who is not a citizen of the United States and who has a valid 
driver's license issued by a foreign jurisdiction from the requirement to obtain a Maine 
driver's license for up to one year after becoming a resident of this State. 
8.  It requires the Secretary of State to permanently revoke, without preliminary 
hearing, the commercial driver's license of a person who has been convicted of a felony 
involving an act or practice of severe forms of human trafficking in which a commercial 
motor vehicle was used.  This requirement is mandated by federal law.
9.  It allows the Secretary of State to provide social security numbers within the 
Department of the Secretary of State to implement the federal National Voter Registration 
Act of 1993, the federal Help America Vote Act of 2002 or other federal election law within 
the central voter registration system. 
10.  It allows the Secretary of State to accept an application for a driver's license for a 
minor if it is accompanied by evidence that the minor is an unaccompanied noncitizen 
minor under federal immigration law and otherwise meets the legal status criteria under 
state and federal law. 
11.  It extends the fingerprinting requirement for driver education instructors from 
every 5 years to every 6 years, to coincide with their instructor license renewals, which are 
every 2 years. 
12.  It allows the issuance of a temporary nondriver identification card to an applicant 
that is valid for up to 90 days.
13.  It amends the provision of law that requires the Secretary of State to suspend 
without preliminary hearing for a period of at least one year a person's driver's license if 
the Secretary of State finds that person to have negligently operated a motor vehicle in a 
manner so as to cause the death of another person by clarifying that the Secretary of State 
is required to notify only the immediate family of the victim prior to the suspension and is 
required to consider written or oral statements received from the immediate family in 
response to the notice.
14.  It clarifies that the Secretary of State may provide databases of records pertaining 
to applications, registrations and certifications of vehicles and to driver's licenses to 
individuals, businesses and other entities only as allowed by law. 
15.  It amends the laws governing the issuance of special veterans registration plates 
for motor vehicles and motorcycles by adding an eligibility for National Guard members 
who have served a minimum of 20 years and have been honorably discharged to qualify 
for the plates. 
16.  It changes the categories of instructor licensure for driver education schools from 
Class A and Class B to Class 1, Class 2 and Class 3 and specifies that a Class 3 instructor 
license authorizes the holder to teach only the classroom phase of driver education as an 
employee or affiliate of a licensed driver education school. 
17.  It provides that when a person has operated a motor vehicle in such a manner as to 
cause the death of a person or has been convicted of criminal homicide or attempted 
criminal homicide, the Secretary of State may revoke that person's driver's license for at 
least 5 years without further hearing upon receipt of an attested copy of the court records 
as long as the attested copy is received within one year of the date of conviction.