An Act To Protect the Privacy of Maine Residents under the Driver's License Laws
Maine Legislature, Session 124, LD 1357
Sponsors: DAMON, ALFOND'ofCumberland, BARTLETT, BLISS, BOWMAN, BRYANT, MARRACHE, MITCHELL, SCHNEIDER, SULLIVAN, BERRY, BUTTERFIELD, CAIN, CAREY, CLEARY, FLEMINGS, GOODE, HARLOW, HASKELL, HAYES, HINCK, MARTIN, MAZUREK, PERCY, PRATT, PRIEST, SCHATZ
Amends: 1 MRSA §402, 29-A MRSA §1301, 29-A MRSA §1401, 29-A MRSA §1406, 29-A MRSA §1410

124th MAINE LEGISLATURE' 
Legislative Document 
No. 1357 
S.P.492 
In Senate, April 2, 2009 
An Act To Protect the Privacy of Maine Residents under the 
Driver's License Laws 
Reference to the Committee on Transportation $uggested,and ordered printed. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative PlOTT! of Unity and 
9tg(J~. 
JOY J. O'BRIEN 
Secretary of the Senate 
, Senators: ALFOND'ofCumberland, BARTLETT of Cumberland, BLISS of Cumberland, 
BOWMAN of York, BRYANT of Oxford, GERZOFSKY ofCumberlarid, GOOLEY of' 
Franklin, MARRACHE of Kennebec, President MITCHELL of Kennebec, SCHNEIDER of 
Penobscot, SULLIVAN of York, Representatives: BERRY of Bowdoinham, BRYANT of, 
Windham, BUTTERFIELD of Bangor, CAIN of Orono, CAREY of Lewiston, CLEARY of 
Houlton, FLEMINGS of Bar Harbor, GOODE of Bangor, HARLOW of Portland, HASKELL 
of Portland, HAYES of Buckfield, HINCK of Portland, MacDONALD of Boothbay, MARTIN 
of Eagle Lake, MAZUREK of Rockland, PERCY of Phippsburg, Speak~r PfNGREE of North 
Haven, PRATT of Eddington, PRIEST of Brunswick, RUSSELL ofPopjand, SCHATZ of 
Blue Hill. 
Primd. un fl.!..:ydcJ IlapL'r 
Be it enacted by the People of the State of Maine as follows: 
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Sec. 1. 1 MRSA §402, sub-§3, ~N; as amended by PL 2005, c. 381, §2, is further 
amended to read: 
N. Social security numbers in the possession of the Department of Inland Fisheries 
. and Wildlife; am:J. 
. Sec. 2.1 MRSA §402, sub-§3, ~O, as amended by PL2007, c. 597, §1, is further 
amended to read: 
O. 
Personal contact information concerning public employees, except when that 
information is public pursuant to other law. For the purposes of this paragraph: 
(1) 
"Personal contact information" means home address, horne telephone 
number, home facsimile number, home· e-mail address and personal cellular 
telephone number and personal pager number; and 
(2) "Public employee" means an employee as defined in Title 14, section 8102, 
subsection 1, except that "public employee" does not include elected officials~~ 
and· 
Sec. 3. 1 MRSA §402, su.b-§3, W is enacted to read: 
P. Social security numbers in the possession of the Secretary of State. 
Sec. 4. 29-A MRSA §1301, sub-§2-A, as enacted by PL 2007, c. 648, § 1, is 
repealed. 
Sec. 5. 29-A MRS A §1301, sub-§6-A is enacted to read: 
6-A. 
Confidentiality. 
The Secretary of State may not disseminate information 
collected under subsection 6 to any entity without specific authorization· from the 
Legislature. For every willful violation of this subsection, a person commits a civil 
violation for which a fine of not more than $500 may be adjudged. 
Sec. 6.· 29-A MRSA §1401, sub-§6, as enacted by PL 1999, c. 470, §24, is 
amended to read: 
6.· Distribution of digital image. Digital image information used to produce a 
license is confidential and may be distributed only as required to comply with the 
provisions of 18 United States Code, Chapter 123 Section 2721, except that digital image 
information may not be distributed 19 for sales and marketing companies purposes or to 
nongovernmental entities or to the public. A violation of this subsection is a violation of 
section 2103, subsection 4. 
Sec. 7. 29-A MRS A §1401, sub-§9 is enacted to read: 
9. Retention of digital information. The storage, recording or retention of digital 
image information used to produce a license is prohibited. 
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Sec. 8. 29-A MRSA §1401, sub-§lO is enacted to read: 
10. Use of biometric technology. The Secretary of State may not use biometric 
technology, including, but not limited to, retinal scanning, facial recognition or 
fingerprint technology to produce a license or nondriver identification card. 
This 
subsection does not apply to digital photographs. 
Sec. 9. 
29-A MRSA §1406, sub-§9, as enacted by PL 2007, c. 648, §2, is 
repealed. 
Sec. 10. 29-A MRSA §1410, sub-§8, as enacted by PL 2007, c. 648, §3, IS 
repealed, 
Sec. 11. 29-A MRSA §1410, sub-§9, as enacted by PL 2007, c. 648, §4, IS 
repealed. 
Sec. 12. PL 2007, c. 648, §5 is repealed. 
Sec. 13. PL 2007, c. 648,§6 is repealed. 
Sec. 14. PL 2007, c. 648, §7 is repealed. 
Sec; 15. PL 2007, c. 648, §8 is repealed. 
Sec. 16. PL 2007, c. 648, §9 is repealed.-
Sec. 17. Allocation of funds. 
Cost savings as a result of this Act must be 
allocated to the Highway and Bridge Capital Program within the Department of 
Transportation. 
SUMMARY 
This bill is a paliial repeal of current Maine law enacted to comply with the 
requirements of the federal REAL ID Act of2005. 
This bill: 
I. Repeals the requirement that the Secretary of State 'issue driver's licenses and 
nondriver identification cards only to individuals who present documentary evidence of 
legal presence in the United States; 
2. Exempts social security numbers in the possession of the Secretary of State from 
the definition of public records under Maine's Freedom of Access Law; 
3. Provides that the Secretary of State may not disseminate social security numbers 
to any entity without legislative authorization; 
4. Restricts the distribution and retention of digital information used to produce a 
license; 
5. Prohibits the Secretary of State from use of biometric technology, such as retinal 
scans, facial recognition or fingerprint technology but not including digital photographs 
in the production or storing of license information; 
6. 
Repeals the requirement that the Secretary of State participate in the federal 
Systematic Alien Verification for Entitlements Program, the centralized database system 
used and maintained by the United States Citizenship and Immigration Services; 
7.' Repeals the requirement th.at the SecretaI'y of State study the most cost-effective 
facial recognition or fingerprint technology; 
8. Provides that cost savings as a result of this Act must be allocated to the Highway 
and Bridge Capital Program within the Department of Transportation; and 
9. Does not change the current requirement that an applicant for a Maine driver's 
license or state identification card must provide proof of-residency. 
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