An Act To Require That a Person Be a Maine Resident in Order To Be Issued a Maine Driver's License I 0
Maine Legislature, Session 123, LD 2304
House Amendment HA_A_H966 (House)
Amends: 29-A MRSA §1305, 29-A MRSA §1410

HOUSE AMENDMENT "It·, 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" 
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Amend the bill by striking out atr'o~section 2 (page 2, lines 4 to 21 in L.D.) and 
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inselting the following: 
'Sec. 2. 29-A MRS A §1301, sub-§12 is enacted to read: 
12. Legal 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 B, §5, is repealed.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 legal 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 documentaIY 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 
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States; 
E. Documentary evidence of approved deferred action status: or 
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HOUSE AMENDMENT" *,0 H.P. 1662, L.D. 2304 
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, if there 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 MRS A §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 $JO 
$35. 
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 130 I, subsection 
II, 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 0 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 reguil·ement. 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: 
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. 
This subsection does not apply to an applicant for a non driver identification card who has 
previously held a Maine-issued driver's license or nondriver identification card as long as 
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HOUSE AMENDMENT"fJ:. to H.P. 1662, L.D. 2304 
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 statu~; 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 motor vehicle customer service representatives and 
related costs to allow every applicant for a driver's license to visit a branch office and 
provide evidence of residency and proof of United States citizenship. 
HIGHW A Y FUND 
2007-08 
2008-09 
POSITIONS - LEGfSLA TIVE COUNT 
6.500 
6.500 
Personal Services 
$83,129 
$352,690 
All Other 
$130,536 
$16,658 
HfGHW A Y FUND TOTAL 
$213,665 
$369,348 
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HOUSE AMENDMENT "iJ" to H.P. 1662, L.D. 2304 
SUMMARY 
This amendment retains the residency requirements for driver's licenses and the 
application requirement for nondriver identification cards as proposed in the bill and 
prohibits the Secretary of State from issuing a license or nondriver 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 who 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 $5 and adds an appropriations and allocations section. 
SPONSORED BY: ~-7~~------~~~-7~---------
(Representative 
TOWN: Naples 
HOUSE AMENDMENT 
Approved: 04/08/08 Mac:.. 
LD 2304 
LR 3488(03) 
An Act To Require That a Person Be a Maine Resident in Order To Be Issued a Maine Driver's 
License 
Net Cost (Savings) 
Highway Fund 
Appropdations/ Allocations 
Highway Fund 
Revenue 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note for House Amendment " ~" 
Sponsor: Rep. Cebra of Naples 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
($18,835) 
($558,652) 
$213,665 
$369,348 
$232,500 
$928,000 
Projections 
2009-10 
($536,489) 
$391,511 
$928,000 
Projections 
2010-11 
($512,997) 
$415,003 
$928,000 
This amendment requires each applicant for a driver's license 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. The amendment also increases the noncommercial 
driver's license fee by $5 and will result in additional Highway Fund revenue of $232,500 in fiscal year 2007-08 and 
$928,000 each year thereafter.