An Act to Eliminate Requirements for Drivers to Surrender Their
Maine Legislature, Session 132, LD 1616
Sponsors: CRAFTS
Amends: 15 MRSA §3314, 17-A MRSA §1103, 17-A MRSA §1104, 17-A MRSA §1105-A, 17-A MRSA §1105-B, 17-A MRSA §1105-C, 17-A MRSA §1105-D, 17-A MRSA §1106, 17-A MRSA §1118-A, 17-A MRSA §1124, 28-A MRSA §2053, 29-A MRSA §2102, 29-A MRSA §2411, 29-A MRSA §2412-A, 29-A MRSA §2413, 29-A MRSA §2434, 29-A MRSA §2485, 29-A MRSA §2606

Legislative Document
No. 1616
H.P. 1070
House of Representatives, April 15, 2025
An Act to Eliminate Requirements for Drivers to Surrender Their 
Physical Driver's Licenses During a Temporary Suspension
Submitted by the Secretary of State pursuant to Joint Rule 204.
Received by the Clerk of the House on April 11, 2025.  Referred to the Committee on 
Transportation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CRAFTS of Newcastle.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §3314, sub-§3, as amended by PL 1995, c. 65, Pt. A, §48 and 
affected by §153 and Pt. C, §15, is further amended to read:
3.  Disposition for violation of section 3103, subsection 1, paragraph E or F.  When 
a juvenile has been adjudicated as having committed the juvenile crime under section 3103, 
subsection 1, paragraph E or F, the court may impose any of the dispositional alternatives 
contained in subsection 1.  Any incarceration that is imposed may be part of a disposition 
pursuant to subsection 1, paragraph F or H.  Any incarceration in a detention facility must 
be in a facility designated in subsection 1, paragraph H.
A.  For an adjudication under section 3103, subsection 1, paragraph F, the juvenile's 
license or permit to operate a motor vehicle, right to operate a motor vehicle or right to 
apply for or obtain a license must be suspended by the court for a period of 180 days.  
The period of suspension may not be suspended by the court.  The court shall give 
notice of the suspension and take physical custody of an operator's license or permit as 
provided in Title 29‑A, section 2434.  The court shall immediately transmit a certified 
abstract of the suspension to the Secretary of State.  A further suspension may be 
imposed by the Secretary of State pursuant to Title 29‑A, section 2451, subsection 3.
Sec. 2.  15 MRSA §3314, sub-§3-A, as corrected by RR 2009, c. 2, §36 and 
amended by PL 2021, c. 669, §5, is further amended by amending the first blocked 
paragraph to read:
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. 3.  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 trafficking.  If a juvenile uses a motor 
vehicle to facilitate the trafficking of a scheduled drug, the court may, 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 to exceed 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, privilege to operate a motor vehicle or right 
to apply for or obtain a license, the court 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. 4.  17-A MRSA §1103, sub-§6, as enacted by PL 1993, c. 674, §2, is amended 
to read:
6.   If a person uses a motor vehicle to facilitate the trafficking of a scheduled drug, the 
court may, in addition to other authorized penalties, suspend the person's driver's license, 
permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a 
period not to exceed 5 years.  A suspension may not begin until after any period of 
incarceration is served.  If the court suspends a person's driver's license, permit, privilege 
to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the 
Secretary of State of the suspension and the court shall take physical custody of the person's 
license.  The Secretary of State may not reinstate the person's driver's license, permit, 
privilege to operate a motor vehicle or right to apply for or obtain a license unless the person 
demonstrates that, after having been released and discharged from any period of 
incarceration that may have been ordered, the person has served the period of suspension 
ordered by the court.
Sec. 5.  17-A MRSA §1104, sub-§3, as enacted by PL 1993, c. 674, §4, is amended 
to read:
3.   If a person uses a motor vehicle to facilitate the trafficking or furnishing of a 
counterfeit drug, the court may, in addition to other authorized penalties, suspend the 
person's driver's license, permit, privilege to operate a motor vehicle or right to apply for 
or obtain a license for a period not to exceed 5 years.  A suspension may not begin until 
after any period of incarceration is served.  If the court suspends a person's driver's license, 
permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the 
court shall notify the Secretary of State of the suspension and the court shall take physical 
custody of the person's license.  The Secretary of State may not reinstate the person's 
driver's license, permit, privilege to operate a motor vehicle or right to apply for or obtain 
a license unless the person demonstrates that, after having been released and discharged 
from any period of incarceration that may have been ordered, the person has served the 
period of suspension ordered by the court.
Sec. 6.  17-A MRSA §1105-A, sub-§2, as enacted by PL 2001, c. 383, §119 and 
affected by §156, is amended to read:
2.   If a person uses a motor vehicle to facilitate the aggravated trafficking in a 
scheduled drug, the court may, in addition to other authorized penalties, suspend the 
person's driver's license or permit or privilege to operate a motor vehicle or right to apply 
for or obtain a license for a period not to exceed 5 years.  A suspension may not begin until 
after any period of incarceration is served.  If the court suspends a person's driver's license 
or permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the 
court shall notify the Secretary of State of the suspension and the court shall take physical 
custody of the person's license or permit.  The Secretary of State may not reinstate the 
person's driver's license or permit or privilege to operate a motor vehicle or right to apply 
for or obtain a license unless the person demonstrates that, after having been released and 
discharged from any period of incarceration that may have been ordered, the person has 
served the period of suspension ordered by the court.
Sec. 7.  17-A MRSA §1105-B, sub-§3, as enacted by PL 2001, c. 383, §119 and 
affected by §156, is amended to read:
3.   If a person uses a motor vehicle to facilitate the aggravated trafficking in or 
furnishing of a counterfeit drug, the court may, in addition to other authorized penalties, 
suspend the person's driver's license or permit, privilege to operate a motor vehicle or right 
to apply for or obtain a license for a period not to exceed 5 years.  A suspension may not 
begin until after any period of incarceration is served.  If the court suspends a person's 
driver's license or permit, privilege to operate a motor vehicle or right to apply for or obtain 
a license, the court shall notify the Secretary of State of the suspension and the court shall 
take physical custody of the person's license or permit.  The Secretary of State may not 
reinstate the person's driver's license or permit, privilege to operate a motor vehicle or right 
to apply for or obtain a license unless the person demonstrates that, after having been 
released and discharged from any period of incarceration that may have been ordered, the 
person has served the period of suspension ordered by the court.
Sec. 8.  17-A MRSA §1105-C, sub-§2, as enacted by PL 2001, c. 383, §119 and 
affected by §156, is amended to read:
2.   If a person uses a motor vehicle to facilitate the aggravated furnishing of a scheduled 
drug, the court may, in addition to other authorized penalties, suspend the person's driver's 
license or permit, privilege to operate a motor vehicle or right to apply for or obtain a 
license for a period not to exceed 5 years.  A suspension may not begin until after any 
period of incarceration is served.  If the court suspends a person's driver's license or permit, 
privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall 
notify the Secretary of State of the suspension and the court shall take physical custody of 
the person's license or permit.  The Secretary of State may not reinstate the person's driver's 
license or permit, privilege to operate a motor vehicle or right to apply for or obtain a 
license unless the person demonstrates that, after having been released and discharged from 
any period of incarceration that may have been ordered, the person has served the period 
of suspension ordered by the court.
Sec. 9.  17-A MRSA §1105-D, sub-§2, as enacted by PL 2001, c. 383, §119 and 
affected by §156, is amended to read:
2.   If a person uses a motor vehicle to facilitate the aggravated cultivating of marijuana, 
the court may, in addition to other authorized penalties, suspend the person's driver's license 
or permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a 
period not to exceed 5 years.  A suspension may not begin until after any period of 
incarceration is served.  If the court suspends a person's driver's license or permit, privilege 
to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the 
Secretary of State of the suspension and the court shall take physical custody of the person's 
license or permit.  The Secretary of State may not reinstate the person's driver's license or 
permit, privilege to operate a motor vehicle or right to apply for or obtain a license unless 
the person demonstrates that, after having been released and discharged from any period of 
incarceration that may have been ordered, the person has served the period of suspension 
ordered by the court.
Sec. 10.  17-A MRSA §1106, sub-§5, as enacted by PL 1993, c. 674, §6, is amended 
to read:
5.   If a person uses a motor vehicle to facilitate the unlawful furnishing of a scheduled 
drug, the court may, in addition to other authorized penalties, suspend the person's driver's 
license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license 
for a period not to exceed 5 years.  A suspension may not begin until after any period of 
incarceration is served.  If the court suspends a person's driver's license, permit, privilege 
to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the 
Secretary of State of the suspension and the court shall take physical custody of the person's 
license.  The Secretary of State may not reinstate the person's driver's license, permit, 
privilege to operate a motor vehicle or right to apply for or obtain a license unless the person 
demonstrates that, after having been released and discharged from any period of 
incarceration that may have been ordered, the person has served the period of suspension 
ordered by the court.
Sec. 11.  17-A MRSA §1118-A, sub-§2, as enacted by PL 2015, c. 485, §3, is 
amended to read:
2.   If a person uses a motor vehicle to facilitate the aggravated illegal importation of a 
scheduled drug, the court may, in addition to other authorized penalties, suspend the 
person's driver's license or permit or privilege to operate a motor vehicle or right to apply 
for or obtain a license for a period not to exceed 5 years.  A suspension may not begin until 
after any period of incarceration is served.  If the court suspends a person's driver's license 
or permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the 
court shall notify the Secretary of State of the suspension and the court shall take physical 
custody of the person's license or permit.  The Secretary of State may not reinstate the 
person's driver's license or permit or privilege to operate a motor vehicle or right to apply 
for or obtain a license unless the person demonstrates that, after having been released and 
discharged from any period of incarceration that may have been ordered, the person has 
served the period of suspension ordered by the court.
Sec. 12.  17-A MRSA §1124, sub-§3, as enacted by PL 2015, c. 346, §7, is amended 
to read:
3.   If a person uses a motor vehicle to facilitate the unlawful operation of a 
methamphetamine laboratory, the court may, in addition to other authorized penalties, 
suspend the person's driver's license or permit or privilege to operate a motor vehicle or 
right to apply for or obtain a license for a period not to exceed 5 years.  A suspension may 
not begin until after any period of incarceration is served.  If the court suspends a person's 
driver's license or permit, privilege to operate a motor vehicle or right to apply for or obtain 
a license, the court shall notify the Secretary of State of the suspension and the court shall 
take physical custody of the person's license or permit.  The Secretary of State may not 
reinstate the person's driver's license or permit or privilege to operate a motor vehicle or 
right to apply for or obtain a license unless the person demonstrates that, after having been 
released and discharged from any period of incarceration that may have been ordered, the 
person has served the period of suspension ordered by the court.
Sec. 13.  28-A MRSA §2053, sub-§1, as amended by PL 1995, c. 65, Pt. A, §80 
and affected by §153 and Pt. C, §15, is further amended by amending the first blocked 
paragraph to read:
The court shall immediately forward the license to the Secretary of State together with the 
record of adjudication on the form furnished for reporting convictions and adjudications 
for violations of Title 29‑A.
Sec. 14.  28-A MRSA §2053, sub-§1-A, as enacted by PL 2001, c. 160, §2, is 
amended by amending the first blocked paragraph to read:
The court shall immediately forward the operator's license to the Secretary of State together 
with the record of adjudication on the form furnished for reporting convictions and 
adjudications for violations of Title 29‑A.
Sec. 15.  29-A MRSA §2102, sub-§1-B, as enacted by PL 2009, c. 493, §2, is 
repealed.
Sec. 16.  29-A MRSA §2102, sub-§1-C, as enacted by PL 2009, c. 493, §2, is 
repealed.
Sec. 17.  29-A MRSA §2102, sub-§1-D, as enacted by PL 2009, c. 493, §2, is 
repealed.
Sec. 18.  29-A MRSA §2102, sub-§1-E, as enacted by PL 2009, c. 493, §2, is 
repealed.
Sec. 19.  29-A MRSA §2102, last ¶, as amended by PL 2009, c. 493, §2, is further 
amended to read:
Violation of subsection 1, 1‑A, 1‑B, 1‑D or 3 is a strict liability crime as defined in 
Title 17‑A, section 34, subsection 4‑A.
Sec. 20.  29-A MRSA §2411, sub-§5-A, as amended by PL 2017, c. 99, §1, is 
further amended to read:
5-A.  Notice and custody.  The court shall give notice of a license suspension and shall 
take physical custody of the driver's license, except when the defendant demonstrates that 
the defendant's license was previously restored by the Secretary of State following an 
administrative suspension under section 2453 or 2453‑A for operating under the influence 
based on the same facts and circumstances giving rise to the court-ordered suspension.
Sec. 21.  29-A MRSA §2412-A, sub-§4, ¶A, as enacted by PL 1995, c. 368, Pt. 
AAA, §12, is amended to read:
A.  The court shall give notice of the suspension and shall take physical custody of an 
operator's license or permit as provided in section 2434.
Sec. 22.  29-A MRSA §2413, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
5.  Notice.  The court shall give notice of the suspension and take physical custody of 
a driver's license as provided in section 2434.
Sec. 23.  29-A MRSA §2434, sub-§3, as amended by PL 2015, c. 158, §3, is further 
amended to read:
3.  Physical custody of license.  Unless the defendant appeals and a stay of execution 
of the suspension is granted, the court shall take physical custody of a license issued by this 
State or another state, foreign country or province if that person is residing or employed in 
this State.  The court may take physical custody of a license issued by another state, foreign 
country or province if the person is not residing or employed in this State.  If the court is 
unable to take physical custody of the license at the time of sentencing, either because the 
suspension has been stayed pursuant to subsection 4 or for any other reason, the license is 
void at such time as is specified in the court order.
Sec. 24.  29-A MRSA §2434, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
5.  Forward documents to Secretary of State.  The court shall forward the license, a 
copy of the sentence and the acknowledgement of notice to the Secretary of State.
Sec. 25.  29-A MRSA §2434, sub-§7, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed.
Sec. 26.  29-A MRSA §2434, sub-§8, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
8.  Commencement of suspension.  Notwithstanding section 2482, subsection 4, the 
period of suspension commences immediately on announcement of sentence.  Two 
additional days of suspension must be added for each day after the license surrender day 
that a person fails to surrender the license to the court.
Sec. 27.  29-A MRSA §2434, sub-§10, as amended by PL 2003, c. 452, Pt. Q, §88 
and affected by Pt. X, §2, is further amended to read:
10.  Failure to sign acknowledgment of notice or surrender license.  A person 
commits a Class E crime if that person:
A.  Refuses to sign the acknowledgment of notice; or.
B.  Without good cause, fails to surrender a license within the period of suspension.
Violation of this subsection is a strict liability crime as defined in Title 17‑A, section 34, 
subsection 4‑A.
Sec. 28.  29-A MRSA §2485, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed.
Sec. 29.  29-A MRSA §2606, as amended by PL 2005, c. 606, Pt. A, §13, is further 
amended to read:
§2606.  Enforcement of suspension
1.  Confiscation of license, certificate or plates.  If a law enforcement officer, in the 
course of stopping or detaining a motor vehicle, obtains a suspended license or certificate 
of registration, or a license issued by another state, foreign country or province when that 
person's license or certificate of registration is under suspension, the officer shall confiscate 
that license, the certificate or plates and transmit the confiscated items together with a 
report of the circumstances to the Secretary of State.
2.  Investigation.  On request of the Secretary of State, notification of the suspension 
must be served, and the certificate, license or plates must be confiscated.  If the license, 
certificate or plates can not be confiscated, an investigation must be undertaken by the 
sheriff of the county in which that person resides, by a state or local law enforcement officer 
or by an employee of the Secretary of State.
3.  Confiscation of suspended licenses.  The Secretary of State shall take reasonable 
actions to confiscate suspended licenses.
SUMMARY
This bill eliminates requirements for an individual whose license has been temporarily 
suspended to surrender the individual's physical driver's license to allow the individual to 
keep the individual's primary identity documentation in the individual's possession.  The 
bill also eliminates provisions establishing crimes and traffic infractions associated with 
display or possession of a suspended driver's license.