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: Transportation
Amends: 29-A MRSA §1301, 29-A MRSA §1410

Legislative Document 
No. 2304 
H.P.1662 
House of Representatives, April 4, 2008 
An Act To Require That a Person Be a Maine Resident in Order To 
Be Issued a Maine Driver's License 
(EMERGENCY) 
Reported by Representative MARLEY of Portland for the Joint Standing Committee on 
Transportation pursuant to Resolve 2007, chapter 24. 
Reference to the Committee on Transportation suggested and ordered printed under Joint 
Rule 218. 
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MILLICENT M. MacFARLAND 
Clerk 
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, 
lOBe 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 
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 0 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 §1410, as enacted by PL 1997, c. 437, §40, is repealed and 
the following enacted in its place: 
§1410. Nondriver identification cards; information; fee 
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 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 l7-A, punishable by 
confinement of up to 364 days or by monetary fine of up to $2,000, or both. " 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill implements the recommendations of the working group convened by the 
Secretary of State to examine laws governing eligibility and documentation requirements 
for driver's licenses and nondriver identification cards pursuant to Resolve 2007, chapter 
24. This bill provides that a Maine driver's license or nondriver identification card 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 of a 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. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 04102/08 
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LD 
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LR 3488(01) 
An Act To Require That a Person Be a Maine Resident in Order To Be Issued a Maine Driver's 
License 
Fiscal Detail and Notes 
Fiscal Note for Original Bill 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue decrease - Highway Fund 
This legislation requires that a person be a resident of the State of Maine to be issued a Maine driver's license. 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(O 1) - Fiscal Note - Page 1 of 1