An Act To Protect the Privacy of Maine Residents under the Driver's License Laws
Maine Legislature, Session 125, LD 1068
Committee: Transportation
Sponsors: CHIPMAN, THOMAS, CAIN, CUSHING, HAYES, HOGAN, MAZUREK, PEOPLES, THERIAULT, WILLETTE
Amends: 1 MRSA §402, 29-A MRSA §1301, 29-A MRSA §1401, 29-A MRSA §1406, 29-A MRSA §1410

Legislative Document 
No. 1068 
H.P. 803 
House of Representatives, March 15, 2011 
An Act To Protect the Privacy of Maine Residents under the 
Driver's License Laws 
Reference to the Committee on Transportation suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CHIPMAN of Portland. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: CAIN of Orono, CUSHING of Hampden, HAYES of Buckfield, HOGAN of 
Old Orchard Beach, MAZUREK of Rockland, PEOPLES of Westbrook, THERIAULT of 
Madawaska, WILLETTE of Mapleton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA §402, sub-§3, ¶P, as corrected by RR 2009, c. 1, §2, is amended 
to read: 
P.  Geographic information regarding recreational trails that are located on private 
land that are authorized voluntarily as such by the landowner with no public deed or 
guaranteed right of public access, unless the landowner authorizes the release of the 
information; and 
Sec. 2.  1 MRSA §402, sub-§3, ¶Q, as reallocated by RR 2009, c. 1, §3, is 
amended to read: 
Q.  Security plans, staffing plans, security procedures, architectural drawings or risk 
assessments prepared for emergency events that are prepared for or by or kept in the 
custody of the Department of Corrections or a county jail if there is a reasonable 
possibility that public release or inspection of the records would endanger the life or 
physical safety of any individual or disclose security plans and procedures not 
generally known by the general public.  Information contained in records covered by 
this paragraph may be disclosed to state and county officials if necessary to carry out 
the duties of the officials, the Department of Corrections or members of the State 
Board of Corrections under conditions that protect the information from further 
disclosure.; and 
Sec. 3.  1 MRSA §402, sub-§3, ¶R is enacted to read: 
R.  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repealed.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 MRSA §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 to 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 MRSA §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. 
Sec. 8.  29-A MRSA §1401, sub-§10 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 images. 
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 partial repeal of current Maine law enacted to comply with the 
requirements of the federal REAL ID Act of 2005. 
This bill: 
1. 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 laws; 
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 that the Secretary of State study the most cost-effective 
technology to prevent driver's license or nondriver identification card duplication; 
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; 
9. Does not change the current requirement that an applicant for a Maine driver's 
license or nondriver identification card must provide proof of residency; and 
10.  Repeals the requirement that a license or nondriver identification card of a 
noncitizen or legal permanent resident expires at the end of the licensee's authorized 
duration of stay in the United States.