An Act To Enhance the Security of State Credentials
Maine Legislature, Session 123, LD 2309
Committee: Transportation
Sponsors: MARLEY
Amends: 29-A MRSA §1301, 29-A MRSA §1406, 29-A MRSA §1410

Legislative Document 
No. 2309 
H.P.1669 
House of Representatives, April 8,2008 
An Act To Enhance the Security of State Credentials 
Reference to the Committee on Transportation suggested and ordered printed. 
111~ 
1/7. 7l!dC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MARLEY of Portland. (GOVERNOR'S BILL) 
Cosponsored by Senator SA V AGE of Knox. 
Pnll!eu l)fl rt'c~cIeJ IXlr~:r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §1301, sub-§ll is enacted to read: 
11. Legal presence requirement. The Secretary of State may not issue a license to 
an applicant unless the applicant presents to the Secretary of State valid documentary 
evidence of legal presence in the United States, including, but not limited to, a birth 
certificate, certificate of naturalization, passport, visa or resident alien identification card. 
Sec. 2. 29-A MRSA §1406, sub-§5, as repealed and replaced by PL 2003, c. 434, 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. Fce; 6-year license. The fee for the ~ 6-year noncommercial driver's license is 
$JG $36. Six dollars of each fee collected under this subsection must be deposited into 
the Other Special Revenue Funds account of the Office of the Secretary of State to offset 
the costs associated with the enhancement of the security of the State's driver's licenses 
and nondriver identification cards, including those set forth in section 1301, subsection 
12, section 1406, subsection 9, section 1410, subsections 8 and 9 and rules adopted for 
the enforcement of those sections. 
Sec. 3. 29-A MRSA §1406, sub-§9 is enacted to read: 
9. Expiration of license; lawfully present noncitizens. Notwithstanding any law to 
the contrary, a license issued to an applicant who is not a citizen or a legal permanent 
resident of the United States expires coterminously with that applicant's authorized 
duration of stay or 6 years, whichever is the shorter period of time. A license issued 
under this subsection must be valid for a period of at least 180 days. 
Sec. 4. 29-A MRSA §1410, sub-§8 is enacted to read: 
8. Legal presence requirement. The Secretary of State may not issue a nondriver 
identification card to an applicant unless the applicant presents to the Secretary of State 
valid documentary evidence of legal presence in the United States, including, but not 
limited to, a birth certificate, certificate of naturalization, passport, visa or resident alien 
identification card. 
Sec. 5. 29-A MRSA §1410, sub-§9 is enacted to read: 
9. 
Expiration of non driver identification card; lawfully present noncitizens. 
Notwithstanding any law to the contrary, a nondriver identification card issued to an 
applicant who is not a citizen or a legal permanent resident of the United States expires 
coterminously with the applicant's authorized duration of stay or 6 years, whichever is the 
shorter period of time. A nondriver identification card issued under this subsection must 
be valid for a period of at least 180 days. 
Sec. 6. Rulemaking; legal presence for license. Within 90 days from the 
effective date of this Act, the Secretary of State shall adopt rules governing what other 
documents constitute valid documentary evidence to establish legal presence pursuant to 
Page I - 123LR3634(Ol)-1 
this section. Rules adopted pursuant to this section are routine technical rules as defined 
in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Sec. 7. Rulemaking; legal presence for identification card. Within 90 days 
from the effective date of this Act, the Secretary of State shall adopt rules governing what 
other documents constitute valid documentary evidence to establish legal presence 
pursuant to this section. Rules adopted pursuant to this section are routine technical rules 
as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Sec. 8. Participation in verification program. Notwithstanding the Maine 
Revised Statutes, Title 29-A, section 1411, the Secretary of State shall by December 1, 
2008 participate in the federal Systematic Alien Verification for Entitlements Program 
maintained by United States Citizenship and Immigration Services for the exclusive 
purpose of verifying the lawful presence of noncitizen applicants for a driver's license or 
nondriver identification card. 
Sec. 9. Development of method to avoid duplication. Notwithstanding the 
Maine Revised Statutes, Title 29-A, section 1411, the Secretary of State shall study the 
most cost-effective way, such as facial recognition or similar technology, to ensure that 
an applicant does not have more than one driver's license or nondriver identification card 
issued by the State. The Secretary of State shall make a written report of findings and 
recommendations to the Governor and the Joint Standing Committee on Transportation 
no later than December 1, 2008. 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Revenue Services, Bureau of 0002 
Initiative: Provides funding for 2 additional Revenue Agent positions assigned to the 
Income and Estate Tax Division, to audit pass-through entity and corporate income tax 
returns. It is estimated that gross tax revenue of $1,000,000 in fiscal year 2008-09 and 
$2,000,000 each year thereafter will be generated by these positions. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2007-08 
0.000 
$0 
$0 
$0 
2008-09 
2.000 
$139,098 
$30,762 
$169,860 
Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Revenue Services, Bureau of 0002 
Initiative: Provides funding for an additional Management Analyst I position assigned to 
the Tax Compliance Unit, to identify leads for income tax nonfilers and under-reporters 
from pass-through entities and real estate transfers. 
It is anticipated that gross tax 
revenue of $500,000 will be generated by this position each year. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2007-08 
0.000 
$0 
$0 
$0 
2008-09 
1.000 
$62,648 
$10,534 
$73,182 
This bill requires the Secretary of State to issue driver's licenses and nondriver 
identification cards only to individuals who present documentary evidence of legal 
presence in the United States. 
The bill requires any license or nondriver identification card issued to a lawfully 
present noncitizen to expire coterminously with that noncitizen's authorized duration of 
stay or 6 years, whichever is a shorter period of time. 
The bill requires the Secretary of State to participate in the federal Systematic Alien 
Verification for Entitlements Program maintained by United States Citizenship and 
Immigration Services. 
The bill requires the Secretary of State to develop and implement the most cost-
effective way to ensure that an applicant does not have more than one driver's license or 
nondriver identification card issued by the State. 
To partially cover the costs to be incurred by the Secretary of State associated with 
these and related measures, the bill increases the fee for a 6-year noncommercial driver's 
license from $30 to $36 and dedicates the $6 increase to the Other Special Revenue 
Funds account of the Secretary of State. 
This bill also provides funding for 3 positions in the Department of Administrative 
and Financial Services, Bureau of Revenue Services to generate revenue through stricter 
auditing of pass-through entity and corporate income tax returns.