An Act To Require That a Person Be a Maine Resident in Order To Be Issued a Maine Driver's License
Maine Legislature, Session 123, LD 2304
Committee Amendment CA_A_H937 (House)
Amends: 29-A MRSA §1301, 29-A MRSA §1305, 29-A MRSA §1406, 29-A MRSA §1410

COMMITTEE AMENDMENT" A" to H.P. 1662, L.D. 2304, Bill, "An Act To 
Require That a Person Be a Maine Resident in Order To Be Issued a Maine Driver's 
License" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Legislature finds that it is imperative to strengthen and implement 
residency requirements for the issuance of a Maine driver's license or a nondriver 
identification card, without delay; 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-§l1 is enacted to read: 
11. Residency requirement. A license may not be issued to a person unless the 
person presents acceptable documentary evidence of the person's residence or domicile in 
this State. The Secretary of State may exempt from the requirements of this subsection a 
person who has established to the satisfaction of the Secretary of State that the person is 
on active duty in the United States Armed Forces, the spouse or child of a person on 
active duty in the United States Armed Forces or a student enrolled in a university, 
college or school within the State. 
A. Acceptable documentary evidence of a person's residence or domicile in this State 
must include the applicant's name and the address of the person's residence or 
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I 
II 
IS 
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domicile in this State. A post office box or other mail drop address is not sufficient. 
Acceptable documentary evidence includes, but is not limited to: 
(1) A tax return, W-2 form or paycheck stub; 
(2) A utility bill or a letter from a utility company showing application for 
service; 
(3) A contract to which the applicant is a party; or 
(4) A document issued by a governmental entity. 
B. A person who is unable to provide acceptable documentary evidence pursuant to 
paragraph A may meet the requirements of this subsection by submitting the 
affidavits of 2 individuals who have a personal or professional relationship with the 
person and knowledge of the person and the person's residence or domicile in this 
State. A single affidavit signed by a parent or guardian of a minor making an 
application is sufficient for the purposes of this paragraph. The Secretary of State 
may reject any affidavit the Secretary of State determines to be insufficient to meet 
the requirements of this subsection. The affidavit is a sworn statement and a false 
statement by the affiant constitutes false swearing, which is a violation of Title 17 -A, 
section 452. 
The Secretary of State shall provide forms for the completion of 
affidavits. These forms must state: "By signing this statement I verify that the 
representations herein are true. By making false statements on this document, I 
realize I am committing a Class D crime punishable under Maine law." 
An applicant who supplies false information pursuant to this subsection makes a material 
misstatement of fact described in section 2103 and is subject to the penalties under that 
section. 
Sec. 2. 29-A MRSA §1301, sub-§12 is enacted to read: 
12. Leeal presence requirement. Except as provided in section 1305, the Secretary 
of State may not issue a license to any applicant who has not presented to the Secretary of 
State with the application valid documentary evidence that the applicant is either: 
A. A citizen of the United States; 
B. A legal permanent resident of the United States; or 
C. A conditional resident alien of the United States. 
Sec. 3. 29-A MRSA §1305, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Sec. 4. 29-A MRSA §1305, sub-§4 is enacted to read: 
4. Temporary leeal presence. In addition to the requirements under subsection 2, 
an applicant may be issued a temporary license if that person presents in person any of 
the following valid documentary evidence as established by the federal Department of 
Homeland Security: 
A. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into 
the United States; 
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.'" 
~ .. 
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to H.P. 1661. L.D. 130' 
B. A pending or approved application for asylum in the United States; 
C. Documentary evidence of entry into the United States in refugee status; 
D. A pending or approved application for temporary protected status in the United 
States; 
E. Documentary evidence of approved deferred action status; or 
F. A pending application for adjustment of status to legal permanent residence status 
or conditional resident status. 
A temporary license issued pursuant to this subsection is valid only during the period of 
time of the applicant's authorized stay in the United States or, ifthere is no definite end to 
the period of authorized stay, a period of one year. 
Any temporary license issued 
pursuant to this subsection must clearly indicate that it is temporary and must state the 
date that it expires. 
A temporary license issued pursuant to this subsection may be 
renewed only upon presentation of valid documentary evidence that the status by which 
the applicant qualified for the temporary license has been extended by the United States 
Citizenship and Immigration Services within the federal Department of Homeland 
Security. 
Sec. 5. 29-A MRSA §1406, sub-§5, as repealed and replaced by PL 2003, c. 434, 
§22 and affected by §37, is amended to read: 
5. Fee; 6-year license. The fee for the 6-year noncommercial driver's license is ~ 
ru· 
Sec. 6. 29-A MRSA §1410, sub-§l, as enacted by PL 1997, c. 437, §40, is 
repealed and the following enacted in its place: 
1. Application. A nondriver identification card may not be issued to a person unless 
the person presents acceptable documentary evidence of the person's residence or 
domicile in this State. 
A post office box or mail drop address alone is not sufficient to 
meet this requirement. A person on active duty in the United States Armed Forces, the 
spouse or child of a person on active duty in the United States Armed Forces or a student 
enrolled in a university, college or school within the State may apply for a nondriver 
identification card without establishing a Maine residence or domicile. The documents 
acceptable to establish a residence or domicile must include the applicant's name and the 
address of the person's residence or domicile in this State. Acceptable documentary 
evidence under this subsection is the same as for a license under section 1301, subsection 
11, paragraphs A and B. 
A. 
The application form must include, directly above the signature line, the 
following notice to the applicant: 
"I understand that knowingly supplying false 
information on this form is a Class D crime under Title 17-A, punishable by 
confinement of up to 364 days or by monetary fine of up to $2,000, or both." 
Sec. 7. 29-A MRSA §1410, sub-§8 is enacted to read: 
8. Legal presence requirement. Except as provided in subsection 9, the Secretary 
of State may not issue a nondriver identification card to an applicant unless the applicant 
presents to the Secretary of State with the application valid documentary evidence that 
the applicant is either: 
COMMITTEE AMENDMENT 
~,." 
COMMITTEE AMENDMENT .{1" to H.P. 1662, L.D. 2304 
A. A citizen of the United States; 
B. A legal permanent resident of the United States; or 
C. A conditional resident alien ofthe United States. 
This subsection does not apply to an applicant for a nondriver identification card who has 
previously held a Maine-issued driver's license or nondriver identification card as long as 
the applicant's license or nondriver identification card has not been expired for more than 
years. 
Sec. 8. 29-A MRSA §1410, sub-§9 is enacted to read: 
9. Temporary legal presence. An applicant may be issued a temporary nondriver 
identification card if that person presents in person any of the following valid 
documentary evidence as established by the federal Department of Homeland Security: 
A. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into 
the United States; 
B. A pending or approved application for asylum in the United States; 
C. Documentary evidence of entry into the United States in refugee status; 
D. A pending or approved application for temporary protected status in the United 
States; 
E. Documentary evidence of approved deferred action status; or 
F. A pending application for adjustment of status to legal permanent resident status 
or conditional resident status. 
Notwithstanding subsection 4, a temporary nondriver identification card issued pursuant 
to this subsection is valid only during the period of time of the applicant's authorized stay 
in the United States or, if there is no definite end to the period of authorized stay, a period 
of one year. A temporary nondriver identification card issued pursuant to this subsection 
must clearly indicate that it is temporary and must state the date that it expires. 
A 
temporary nondriver identification card issued pursuant to this subsection may be 
renewed only upon presentation of valid documentary evidence that the status by which 
the applicant qualified for the temporary nondriver identification card has been extended 
by the United States Citizenship and Immigration Services within the federal Department 
of Homeland Security. 
Sec. 9. Appropriations and allocations. The following appropriations and 
allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF 
Administration - Motor Vehicles 0077 
Initiative: Provides an allocation for 6Y2 Motor Vehicle Customer Service Representative 
positions and related All Other costs to allow for every applicant for a driver's license to 
visit a branch office and provide evidence of residency and proof of U.S. citizenship. 
HIGHWAY FUND 
2007-08 
2008-09 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'n " 
to H.P. 166', L.D. 2304 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
HIGHW A Y FUND TOTAL 
6.500 
$83,129 
$130,536 
$213,665 
6.500 
$352,690 
$16,658 
$369,348 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the minority report of the Joint Standing Committee on 
Transportation, provides that a Maine driver's license or nondriver identification card 
II 
may not be issued to a person unless the person presents to the Secretary of State 
acceptable documentary evidence of the person's residence or domicile in Maine. A 
person on active duty in the United States Armed Forces, the spouse or child ofa person 
on active duty in the United States Armed Forces or a student enrolled in a university, 
college or school within Maine are exempt from these requirements. 
This amendment also provides that the Secretary of State may not issue a license or 
non driver identification card to any applicant who has not presented evidence that the 
applicant is either a citizen of the United States, a legal permanent resident of the United 
States, or a conditional resident alien of the United States. The amendment also provides 
that a temporary driver's license or nondriver identification card may be issued to a 
person that presents in person any of the following documentary evidence: 
1. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into 
the United States; 
2. A pending or approved application for asylum in the United States; 
3. Documentary evidence of entry into the United States in refugee status; 
4. A pending or approved application for temporary protected status in the United 
States; 
5. Documentary evidence of approved deferred action status; or 
6. A pending application for adjustment of status to legal permanent resident status 
or conditional resident status. 
The amendment also increases the fee for the 6-year noncommercial driver's license 
by $1 and adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/02/08 .wac 
123rdMAINE LEGISLATURE 
LD )30'-/ 
LR 3488(02) 
An Act To Require That a Person Be a Maine Resident in Order To Be Issued a Maine Driver's 
License 
Fiscal Note for Bill as Amended by Committee Amendment "ff" 
Committee: Transportation 
Net Cost (Savings) 
Highway Fund 
Appropriations! Allocations 
Highway Fund 
Revenue 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$167,165 
$213,665 
$46,500 
2008-09 
$183,748 
$369,348 
$185,600 
Projections 
2009-10 
$205,911 
$391,511 
$185,600 
Projections 
2010-11 
$229,403 
$415,003 
$185,600 
This legislation requires that a person be a resident of the State of Maine to be issued a Maine driver's license. It also 
requires each applicant to visit a branch office (as opposed to using the online service renewal system) to provide 
evidence of residency and proof of U.S. citizenship. The Secretary of State reports that this process will require a 
significant change to current practice, and will require Customer Service Representatives to have extended 
conversations with applicants to explain the law and review documents. The Secretary of State will require an 
allocation of$213,665 in fiscal year 2007-08, and $369,348 in fiscal year 2008-09 to hire 6.5 additional 
Representatives and implement these changes. Additional Highway Fund revenue from increasing the noncommercial 
driver's license fee from $30 to $31 will result in additional Highway Fund revenue of $46,500 in fiscal year 2007-08 
and $185,600 each year thereafter. 
The Secretary of State reports that there are approximately 2,800 driver's licenses with out of state addresses. It is 
unknown whether or not these individuals are Maine residents and are therefore eligible for a Maine driver's license 
under this legislation. Assuming one-half of these individuals are not eligible to renew their license in Maine, there 
would be a decrease in Highway Fund revenue of approximately $1,750 in fiscal year 2007-08, and approximately 
$7,000 in 2008-09. 
LR3488(02) - Fiscal Note - Page 1 of 1