An Act To
Maine Legislature, Session 123, LD 2309
Committee Amendment CA_A_H1020 (House)
Amends: 29-A MRSA §1301, 29-A MRSA §1406

COMMITTEE AMENDMENT" A" to H.P. 
Enhance the Security of State Credentials" 
1669, L.D. 2309, Bill, "An Act To 
Amend the bill by striking out all of sections 1 to 3 and inserting the following: 
'Sec. 1. 29-A MRSA §1301, sub-§2-A is enacted to read: 
2-A. 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. 
Sec. 2. 29-A MRS A §1406, sub-§5, as repealed and replaced by PL 2003, c. 434, 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 tOO ~ 6-year noncommercial driver's license is 
~$45. 
Sec. 3. 29-A MRSA §1406, sub-§7, as enacted by PL 2003, c. 434, §22 and 
affected by §37, is amended to read: 
7. Fee; 4-year license. The fee for tOO ~ 4-year noncommercial driver's license is 
W $30. The fee for tOO.<! 4-year commercial driver's license is $28. 
Sec. 4. 29-A MRSA §1406, sub-§7-A is enacted to read: 
7-A. Fcc; lawfully present noncitizen license. The fee for a license issued to a 
lawfully present noncitizen is: 
A. For a term of less than one year, $10; 
B. For a term of at least one year but less than 2 years, $15; 
C. For a term of at least 2 years but less than 3 years, $23; 
D. For a term of at least 3 years but less than 4 years, $30; 
1 
E. For a term of at least 4 years but less than 5 years, $38; or 
COMMITTEE AMENDMENT 
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II 
IS 
COMMITTEE AMENDMENT" A" to H.P. 1669, L.D. 2309 
F. For a term of 5 years or longer, $45. 
Sec. 5. 29-A MRSA §1406, sub-§8, as enacted by PL 2007, c. 329, Pt. R, §I, is 
amended to read: 
8. Equalization of 6-year license cycle. Notwithstanding subsection I, paragraph 
A, the Secretary of State may, solely for the purpose of equalizing the 6-year license 
renewal cycle, issue noncommercial licenses to persons under 65 years of age that expire 
either one or 2 years before or after the holder's 6th birthday following the date of 
issuance. Notwithstanding subsection 5, the fee for a license issued pursuant to this 
subsection is $:) $7.50 multiplied by the number of years for which the license is issued. 
This subsection is repealed June 30, 2014. 
Sec. 6. 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 pennanent 
resident of the United States expires coterminously with the applicant's authorized 
duration of stay or the otherwise applicable expiration date of the license under this 
section, whichever occurs first. A license issued under this subsection must be valid for a 
period of at least 120 days. ' 
Amend the bill in section 4 in subsection 8 in the 3rd, 4th and 5th lines (page I, lines 
to 27 in L.D.) by striking out the following: ", including, but not limited to, a birth 
certificate, certificate of naturalization, passport, visa or resident alien identification card" 
Amend the bill in section 5 in subsection 9 in the last line (page 1, line 34 in L.D.) by 
striking out the following: "180" and inserting the following: '120' 
Amend the bill by striking out all of sections 6 to II and inserting the following: 
'Sec. 6. Rulemaking; legal presence for license and identification cards; 
draft rules. No later than November 15, 2008, the Secretary of State shall adopt rules 
governing what documents constitute valid documentary evidence to establish legal 
presence pursuant to the Maine Revised Statutes, Title 29-A, section 1301, subsection 
2-A and Title 29-A, section 1410, subsection 8. Rules adopted pursuant to this section 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
The Secretary of State shall provide draft rules that the Secretary of State proposes to 
adopt under this section to the joint standing committee of the Legislature having 
jurisdiction over transportation matters by October 15,2008. 
Sec. 7. Participation in verification program; report. Notwithstanding the 
Maine Revised Statutes, Title 29-A, section 1411, the Secretary of State shall by October 
I, 2009 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 driver's licenses or 
nondriver identification cards. 
No later than January 30th of each year, beginning in 2010, the Secretary of State 
shall report to the joint standing committee of the Legislature having jurisdiction over 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1669, L.D. 2309 
transportation matters regarding the operation and effectiveness of the Systematic Alien 
Verification for Entitlements Program. 
Sec. 8. 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 fingerprint 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 to the joint standing committee of the 
Legislature having jurisdiction over transportation matters no later than October 1,2009. 
Sec. 9. Photographs. Notwithstanding the Maine Revised Statutes, Title 29-A, 
section 1411, the Secretary of State shall develop and implement policies and procedures 
in order to take and maintain photographs of applicants at the time an application for a 
driver's license or nondriver identification card is submitted. 
Sec. 10. Federal REAL ID Act of 2005; repeal. If the United States Congress 
repeals the federal REAL ID Act of 2005, the Secretary of State shall submit proposed 
legislation to the joint standing committee of the Legislature having jurisdiction over 
transportation matters that returns Maine law regarding the issuance of driver's licenses 
and nondriver identification cards to what it was prior to the effective date of this Act. 
Upon receipt and review of that proposed legislation, the joint standing committee may 
submit a bill to the session of the Legislature in which the Secretary of State submits that 
proposed legislation. 
Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF 
Administration - Motor Vehicles 0077 
Initiative: Provides an allocation for additional staff, computer development and 
programming and additional costs to implement enhanced security measures for issuing 
driver's licenses. 
HIGHWAY FUND 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.000 
16.000 
Personal Services 
$0 
$1,077,678 
All Other 
$0 
$451,266 
HIGHW A Y FUND TOTAL 
$0 
$1,528,944 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMnTEE AMENDMENT"A" t. H.P. 166 •• L.D. 230. 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Transportation, increases the fee for a 6-year noncommercial driver's license from $30 to 
$45 and for a 4-year noncommercial driver's license from $21 to $30 to cover the costs to 
be incurred by the Secretary of State associated with this Act. The amendment increases 
the fee for licenses issued for the purpose of equalizing the 6-year license renewal cycle 
from $5 to $7.50 mUltiplied by the number of years for which the license is issued. The 
amendment also provides a schedule of fees for a license issued to a lawfully present 
noncitizen based on the term of the license. 
The amendment clarifies that any license issued to a lawfully present noncitizen is to 
expire coterminously with the shorter of either that noncitizen's authorized duration of 
stay or the otherwise applicable expiration date of the license, whichever occurs first. 
The amendment also provides that a license or nondriver identification card issued to a 
lawfully present noncitizen mu§.~ bll valid for a period of at least 120 days from the date 
of issuance instead of 180 days as proposed in the bill. 
The amendment changes the date that the Secretary of State is required to adopt rules 
governing what documents constitute valid documentary evidence to establish legal 
presence for the purpose of obtaining a driver's license or nondriver identification card 
from 90 days from the effective date of this Act to no later than November 15, 2008. The 
amendment also requires the Secretary of State to report to the joint standing committee 
of the Legislature having jurisdiction over transportation matters by October 15, 2008 
with draft rules regarding legal presence requirements. 
The amendment also changes the date by which the Secretary of State is required to 
participate in the federal Systematic Alien Verification for Entitlements (SAVE) Program 
from December 1, 2008 to October 1, 2009 for the purpose of verifying lawful presence 
of noncitizen applicants for driver's licenses or nondriver identification cards. 
In 
addition, the Secretary of State is required to report to the joint standing committee of the 
Legislature having jurisdiction over transportation matters regarding the operation and 
effectiveness of the SAVE Program no later than January 30th of each year beginning in 
2010. 
The amendment changes the date that the Secretary of State is required to report 
findings and recommendations regarding its study of 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 the Governor and the joint standing committee of 
the Legislature having jurisdiction over transportation matters from no later than 
December 1,2008 to October 1,2009. 
The amendment also directs the Secretary of State to develop and implement policies 
and procedures in order to take and maintain photographs of applicants at the time an 
application for a driver's license or nondriver identification card is submitted. 
The amendment also requires the Secretary of State to submit legislation to the joint 
standing committee of the Legislature having jurisdiction over transportation matters that 
returns Maine law regarding the issuance of driver's licenses and nondriver identification 
cards to what it was prior to the effective date of this Act if the federal REAL ID Act of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "po. to H.P. 1669, L.D. 2309 
2005 is repealed, and the joint standing committee may submit a bill to the session of the 
Legislature in which the Secretary of State submits this legislation. 
The amendment adds an appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/15/08 ,Mac 
LD 2309 
LR 3634(02) 
An Act To Enhance the Security of State Credentials 
Fiscal Note for Bill as Amended by Committee Amendment"p " 
Committee: TranSpOl"tation 
Net Cost (Savings) 
Highway Fund 
A ppropriations/ Allocations 
Highway Fund 
Revenue 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
$0 
($1,522,431 ) 
$0 
$1,528,944 
$0 
S3,051,375 
Projectiuns 
2009-]0 
S14,036 
$1,447,646 
$1,433,610 
Projections 
2010-11 
$53,397 
$1,487,007 
$1,433,610 
The bill includes a Highway Fund allocation of $ 1,528,944 in fiscal year 2008-09 to the Secretary of State, Bureau or 
Motor VehIcles for additional staff, computer programming, computer development and other costs required to 
implement the cnhanced security measures for issuing driver's licenses. To offsett the cost of this legislation, the 6-
year noncommercial dnver's license fee is mcreased by $15 and the 4-year noncommercial driver's license fee will 
increase by $9. The additional fee will increase Higlm·ay Fund rc\'Cnuc by S3,05 1 ,375 m fiscal year 2008-09 and 
$1,433,610 annually in fiscal years 2009-10 and 2010-11. 
LR3634(02) - Fiscal Note - Page I of I