APPROVED CHAPTER
JUNE 22, 2023 257
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 441 - L.D. 1072
An Act Regarding the Bureau of Motor Vehicles
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 §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.
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Sec. 5. 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. 6. 29-A MRSA §460-A, as enacted by PL 2011, c. 356, §4, is repealed.
Sec. 7. 29-A MRSA §462, as amended by PL 2021, c. 126, §1, is reallocated to
29-A MRSA §954-A.
Sec. 8. 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. 9. 29-A MRSA §523, sub-§3, as amended by PL 2023, c. 85, §1, 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 a primary driver of any vehicle, 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
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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. 10. 29-A MRSA §523, sub-§3-A, as amended by PL 2023, c. 85, §2, 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 any 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
Page 3 - 131LR0449(03)
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
6 for use on special veterans registration plates for a motorcycle.
Sec. 11. 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. 12. 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.
Sec. 13. 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, 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. 14. 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.
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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. 15. 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. 16. 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. 17. 29-A MRSA §2458, sub-§2-A, as amended by PL 2019, c. 467, §1, is
further amended to read:
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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.
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Statutes affected:
Bill Text LD 1072, SP 441: 29-A.152, 29-A.251, 29-A.351, 29-A.460, 29-A.954, 29-A.523, 29-A.702, 29-A.1251, 29-A.1301, 29-A.1302, 29-A.1354, 29-A.2454, 29-A.2458
Bill Text ACTPUB , Chapter 257: 29-A.152, 29-A.251, 29-A.351, 29-A.460, 29-A.954, 29-A.523, 29-A.702, 29-A.1301, 29-A.1354, 29-A.2454, 29-A.2458