An Act To Require State Compliance with Federal REAL ID Guidelines
Maine Legislature, Session 128, LD 0306
Committee Amendment CA_B_S18 (Senate)

COMMITTEE AMENDMENT" B "to S.P. 92, L.D. 306, Bill, "An Act To Require 
State Compliance with Federal REAL ID Guidelines" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Directing the Secretary of State To Apply for an Extension under the 
Federal REAL ID Act of 2005' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'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 federal REAL ID Act of 2005 was attached to a conference report on 
must-pass legislation regarding Iraq war funding and relief for the 2004 tsunami, 
bypassed state and stakeholder input and established robust measui;es for issuing licenses 
and nondriver identification cards; and 
Whereas, the federal REAL ID Act of 2005 has never been funded to any 
significant degree by the Federal Government, and the Maine Secretary of State has 
estimated the state cost of REAL ID compliance will be between $2,000,000 and 
$3,000,000 of state funds; because of that, and the broad scope of federal intrusion into a 
process historically managed by the states, the Act was made voluntary for the states. 
However, now, the effect of noncompliance is that citizens in noncompliant states are not 
able to use their noncompliant credentials to access many federal or federally controlled 
facilities and services and soon will not be able to board commercial aircraft; and 
Whereas, the United States Department of Homeland Security has refused to extend 
the State of Maine's waiver and, as a result, Maine driver's licenses and nondriver 
identification cards are no longer accepted to access federal facilities as of January 30, 
2017 and will no longer be accepted to board commercial flights as of January 22, 2018, 
and anyone who is eligible for a REAL ID compliant driver's license or nondriver 
identification card is also eligible for other forms of identification that are accepted to 
access federal facilities and board commercial aircraft, namely passport books and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" I? "to S.P. 92, L.D. 306 
passport cards, which are valid for a period of 10 years for residents 16 years of age and 
older; and 
Whereas, Maine lawmakers continue to be appalled by the abrogation of the privacy 
and civil liberties of American citizens under the federal REAL ID Act of 2005 and even 
more appalled by the Act's lack of effectiveness in achieving its stated goals, which are to 
prevent future terrorist attacks in America and to prevent undocumented immigrants who 
come to America without clearance from enjoying the benefits of citizenship illegally. 
There is nothing in the Act's implementation that will achieve either of these goals; and 
Whereas, the Maine Department of Labor, less than a year ago, outsourced its 
federally mandated job-matching service to an out-of-state vendor, and recently that 
vendor has suffered a serious data breach in which an unknown number of Maine 
residents' most sensitive personal information, including names, dates of birth and social 
security numbers, was stolen, demonstrating the weakness of cybersecurity and the 
vulnerability of Maine residents and United States citizens to hacking and theft of 
sensitive data across the State and the nation, making it highly unlikely that the State of 
Maine can assure its residents with confidence that any database established pursuant to 
the requirements of the federal REAL ID Act of 2005 would, in fact, be safe and secure; 
and 
Whereas, Maine has a long, proud tradition of standing up for the fundamental right 
to privacy and it is the responsibility of the Legislature to look beyond the inconveniences 
of the day and consider the long-term effects and unintended consequences of complying 
with the federal REAL ID Act of 2005, which will have broad and far-reaching 
consequences for every American in the future; 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, be it 
Sec. 1. Secretary of State to request a waiver. Resolved: 
That, upon 
adjournment of the One Hundred Fifteenth United States Congress, the Secretary of State 
0 
shall request a waiver of the requirements of the federal REAL ID Act of 2005 from the 
United States Department of Homeland Security pending the results of federal legislation 
relating to the federal REAL ID Act of2005; and be it further 
Sec. 2. Secretary of State to establish process to provide passport cards 
or passport books to residents requiring assistance. Resolved: That, beginning 
July 1, 2017 and ending June 30, 2019, the Secretary of State shall provide residents of 
the State who require financial assistance an opportunity to obtain a United States 
Department of State passport card or passport book upon completing an application and 
8 
meeting specified criteria as determined by the Secretary of State. In lieu of the expected 
costs of implementation of the federal REAL ID Act of 2005, the Secretary of State shall 
provide funding, in an amount up to $3,000,000, to make available United States 
Department of State passport cards or passport books to residents of the State who qualify 
under this section. 
The Secretary of State shall pay the cost of a United States 
Department of State passport card or passport book for a person who qualifies under this 
section and who: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 6 "to S.P. 92, L.D. 306 
1. 
Does not have the required photographic identification to access federal or 
federally controlled facilities or to board commercial aircraft; and 
2. Demonstrates significant financial hardship, making the fee for a passport card or 
passport book cost-prohibitive; and be it further 
Sec. 3. 
Secretary of State to administer an educational campaign. 
Resolved: That the Secretary of State shall administer an educational campaign that 
informs residents of the State about the requirements of the federal REAL ID Act of 
2005, the availability of United States Department of State passport cards and passport 
books as an option to access federal facilities and commercial aircraft and the opportunity 
for residents of the State who require fmancial assistance to apply for a state-funded 
passport card or passport book. 
The Secretary of State shall make the information 
available on a publicly accessible website and develop a pamphlet for public distribution 
on the topics under this section; and be it further 
Sec. 4. 
Appropriations and allocations. 
Resolved: 
That the following 
appropriations and allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF 
Administration - Motor Vehicles 0077 
Initiative: Provides a one-time allocation to issue passport cards and passport books. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOT AL 
2017-18 
$3,156,180 
$3,156,180 
2018-19 
$0 
$0 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the minority report, strikes the bill and replaces it with a 
resolve. 
The amendment requires the Secretary of State to request a waiver of the 
requirements of the federal REAL ID Act of 2005 from the United States Department of 
Homeland Security pending the results of federal legislation. The amendment requires 
the Secretary of State to establish a process to provide a passport card or passport book to 
1 
residents of Maine who do not have the required photographic identification to access 
federal or federally controlled facilities or to board commercial aircraft and demonstrate 
significant financial hardship, making the fee for a passport card or passport book 
cost-prohibitive. The amendment also requires the Secretary of State to administer an 
educational campaign about the requirements of the federal REAL ID Act of 2005 and 
the availability of the United States Department of State passport cards and passport 
7 
books as an option to access federal facilities and commercial aircraft and the opportunity 
for Maine residents who require financial assistance to apply for a state-funded passport 
card or passport book. The funds for these purposes are in an amount approximately 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B "to S.P. 92, L.D. 306 
equal to the Secretary of State's estimated cost of up to $3,000,000 to implement the 
federal REAL ID Act of 2005. The amendment also adds an emergency preamble and 
emergency clause and provides a one-time allocation to the Secretary of State to issue 
passport cards and passport books. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/05/17 feac 
LD306 
LR 1220(03) 
An Act To Require State Compliance with Federal REAL ID Guidelines 
Fiscal Note for Bill as Amended by Committee Amendment''£>" 
Net Cost (Savings) 
Highway Fund 
Appropriations/Allocations 
Highway Fund 
Fiscal Detail and Notes 
Committee: Transportation 
(S - J B \ 
Fiscal Note Required: Yes 
/ 
Fiscal Note 
FY 2017-18 
$3,156,180 
$3,156,180 
FY 2018-19 
$0 
$0 
Projections 
FY 2019-20 
$0 
$0 
Projections 
FY 2020-21 
$0 
$0 
The bill includes a one-time Highway Fund allocation to the Department of Secretary of State to issue passport books 
and passpmi cards. Additional costs to the Department of Secretary of State associated with establishing and 
administering an educational campaign can be absorbed within existing budgeted resources. 
LR1220(03) - Fiscal Note - Page 1 of 1