PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the bill in section 1 in §1125 in subsection 1 in the first line (page 1, line 5 in L.D.) by inserting after the following: "order" the following: ', in the absence of compelling circumstances warranting an exception,'
Amend the bill in section 1 in §1125 in subsection 2 in the 3rd line (page 1, line 9 in L.D.) by inserting after the following: "order" the following: ', in the absence of compelling circumstances warranting an exception,'
Amend the bill in section 2 in paragraph A in subparagraph (2) in the first line (page 1, line 17 in L.D.) by inserting after the following: "days" the following: '. 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'
Amend the bill by inserting after section 2 the following:
‘Sec. 3. 29-A MRSA §2451, sub-§3, ¶A, as repealed and replaced by PL 2015, c. 329, Pt. A, §17, is amended to read:
 
A. One hundred fiftyeighty 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;’
Amend the bill by inserting after section 3 the following:
‘Sec. 4. 29-A MRSA §2508, sub-§1, ¶A-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 150180 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. 5. 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 programming.

HIGHWAY FUND	2015-16	2016-17	
All Other	$0	$5,568	
			
HIGHWAY FUND TOTAL	$0	$5,568	
 
’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment is one of 2 minority reports of the committee. The bill increases the driver’s license suspension period from 150 days to 180 days for a person who is convicted of operating under the influence and who has no previous operating under the influence convictions within the prior 10 years. The bill imposes a license suspension period or period of ineligibility for a license of 6 months for a person who is convicted of a drug crime under the Maine Revised Statutes, Title 17-A, chapter 45, except for such a crime under section 1116. This amendment makes the change from 150 to 180 days in 2 other provisions of operating under the influence law. The amendment adds to several provisions of the bill an exception based on compelling circumstances found by the court. In the case of a drug conviction under Title 17-A, chapter 45, this exception could negate the suspension completely. In the case of an operating under the influence conviction, this exception could decrease the suspension period to 150 days.
This amendment adds an allocation for the cost of computer programming necessitated by the changes made to the bill.
FISCAL NOTE REQUIRED
(See attached)