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An Act To Ensure the Administration of Written Driving Tests
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  there is some confusion relating to the administration of the issuance of a learner's permit and a driver's license; and
Whereas,  it is in the best interests of the State to clarify the authority for these duties as soon as possible; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §1301, sub-§4, as amended by PL 2013, c. 381, Pt. B, §15, is further amended to read:
 
4. Examination.   An applicant must pass a physical examination by actual demonstration of ability to operate a motor vehicle and a written examination. Failure to complete the driving test within the term of a learner's permit requires reexamination for the permit. The Secretary of State may not waive any component of the requirements under this subsection except for an applicant who possesses a valid driver's license issued by another state or jurisdiction.
Sec. 2. 29-A MRSA §1304, sub-§1-A, as enacted by PL 2013, c. 493, §1, is amended to read:
 
1-A. Learner's permit; issuance.   The following provisions apply to the issuance of a learner's permit. Duties in this subsection may not be delegated or assigned to another party.
 
A. Fees for a learner's permit maymust be collected only by the Secretary of State in accordance with section 154, subsection 1.
 
B. Any required application materials for a learner's permit maymust be collected only by the Secretary of State.
 
C. Any required examination for a learner's permit maymust be administered only by the Secretary of State.
 
D. A learner's permit maymust be issued only by the Secretary of State upon an applicant's meeting the requirements under this section.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill provides that the Secretary of State may not waive any component of the driver's license examination requirements except for an applicant who possesses a valid driver's license from another state or jurisdiction. The bill also clarifies that fees and any required application materials for a learner's permit must be collected by the Secretary of State, any examination for a learner's permit must be administered by the Secretary of State and a learner's permit must be issued by the Secretary of State.