An Act To Require State Compliance with Federal REAL ID Guidelines
Maine Legislature, Session 128, LD 0306
Committee Amendment CA_A-HA_A_H29 (House)
Amends: 29-A MRSA §1301, 29-A MRSA §1410

HOUSE AMENDMENT "If" to COMMITTEE AMENDMENT "A" to S.P. 92, 
L.D. 306, Bill, "An Act To Require State Compliance with Federal REAL ID Guidelines" 
Amend the amendment in section 1 in § 1260 in the first paragraph in the last line 
(page 1, line 19 in amendment) by adding after the following: "license." the following: 
'The Secretary of State shall provide notice to an applicant at the time of application of 
the document retention policies of the Secretary of State governing documents provided 
by an applicant' 
Amend the amendment in section 2 in subsection 2-A in the last line (page l, line 28 
in amendment) by adding after the following: "+%4." the following: 'The Secretary of 
State may not provide a document or a copy of a document collected pursuant to this 
subsection to a person other than a law enforcement agency. The Secretary of State may 
not copy, scan or store a document collected pursuant to this subsection except for a 
document collected in connection with the issuance of a license pursuant to section 1260.' 
Amend the amendment by inserting after section 2 the following: 
'Sec. 3. 29-A MRSA §1301, sub-§6-A, as enacted by PL 2011, c. 149, §4, is 
amended to read: 
6-A. Confidentiality. Except as authorized under 18 United States Code, Section 
2721, the Secretary of State may not disseminate information collected under subsection 
to any entity without SJleeifie a1:11:H:0Fiz'iatioR from the Legislatl:lfe. 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. 4. 29-A MRSA §1301, sub-§11, as enacted by PL 2007, c. 659, §1, is 
amended to read: 
11. Residency requirement. A license may not be issued to a person unless the 
person presents acceptable documentary evidence of the person's residence or domicile in 
this State. The Secretary of State may exempt from the requirements of this subsection a 
person who has established to the satisfaction of the Secretary of State that the person is 
on active duty in the United States Armed Forces, the spouse or child of a person on 
active duty in the United States Armed Forces or a student enrolled in a university, 
college or school within the State. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. 92, L.D. 306 
A. Acceptable documentary evidence of a person's residence or domicile in this State 
must include the applicant's name and the address of the person's residence or 
domicile in this State. A post office box or other mail drop address is not sufficient. 
Acceptable documentary evidence includes, but is not limited to: 
(1) A tax return, W-2 form or paycheck stub; 
(2) A utility bill or a letter from a utility company showing application for 
service; 
(3) A contract to which the applicant is a party; or 
(4) A document issued by a governmental entity. 
B. A person who is unable to provide acceptable documentary evidence pursuant to 
paragraph A may meet the requirements of this subsection by: 
(1) 
Submitting the affidavits of 2 individuals who have a personal or 
professional relationship with the person and knowledge of the person and the 
person's residence or domicile, which may include a shelter, in this State. A 
single affidavit signed by a parent or guardian of a minor making an application 
is sufficient for the purposes of this paragraph. The Secretary of State may reject 
any affidavit the Secretary of State determines to be insufficient to meet the 
requirements of this subsection. The affidavit is a sworn statement and a false 
statement by the affiant constitutes false swearing, which is a violation of Title 
17-A, section 452. The Secretary of State shall provide forms for the completion 
of affidavits. These forms must state: "By signing this statement I verify that the 
representations herein are true. By making false statements on this document, I 
realize I am committing a Class D crime punishable under Maine law."; or 
(2) By taking an oath or affirmation before the Secretary of State swearing to the 
person's residence or domicile, which may include a shelter. 
An applicant who supplies false information pursuant to this subsection makes a material 
misstatement of fact described in section 2103 and is subject to the penalties under that 
section. 
The Secretary of State may not provide a document or a copy of a document collected 
pursuant to this subsection to a person other than a law enforcement agency. 
The 
Secretary of State may not copy. scan or store a document collected pursuant to this 
subsection except for a document collected in connection with the issuance of a license 
pursuant to section 1260.' 
Amend the amendment in section 3 in subsection 9 in the 3rd line (page 1, line 33 in 
amendment) by inserting after the following: "card" the following: 'pursuant to section 
1260' 
Amend the amendment by inserting after section 5 the following: 
'Sec. 6. 29-A MRSA §1410, sub-§1, as repealed and replaced by PL 2007, c. 
659, §2, is amended to read: 
HOUSE AMENDMENT 
HOUSE AMENDMENT" A 
"to COMMITTEE AMENDMENT "A" to S.P. 92, L.D. 306 
1. Application. A nondriver identification card may not be issued to a person unless 
the person presents acceptable documentary evidence of the person's residence or 
domicile in this State. A post office box or mail drop address alone is not sufficient to 
meet this requirement. A person on active duty in the United States Armed Forces, the 
spouse or child of a person on active duty in the United States Armed Forces or a student 
enrolled in a university, college or school within the State may apply for a nondriver 
identification card without establishing a Maine residence or domicile. The documents 
acceptable to establish residence or domicile must include the applicant's name and the 
address of the person's residence or domicile in this State. Acceptable documentary 
evidence under this subsection is the same as for a license under section 1301, subsection 
11, paragraphs A and B. The Secretary of State may not provide a document or a copy of 
a document collected pursuant to this subsection to a person other than a law enforcement 
agency. 
The Secretary of State may not copy, scan or store a document collected 
pursuant to this subsection except for a document collected in connection with the 
issuance of a nondriver identification card pursuant to section 1260. 
A. 
The application form must include, directly above the signature line, the 
following notice to the applicant: 
"I understand that knowingly supplying false 
information on this form is a Class D crime under Title 17-A, punishable by 
confinement ofup to 364 days or by monetary fine ofup to $2,000, or both."' 
Amend the amendment in section 6 in subsection 8 in the last line (page 3, line 3 in 
amendment) by adding after the following: "-l-964." the following: 'The Secretary of State 
may not provide a document or a copy of a document collected pursuant to this 
subsection to a person other than a law enforcement agency. The Secretary of State may 
not copy, scan or store a document collected pursuant to this subsection except for a 
document collected in connection with the issuance of a nondriver identification card 
pursuant to section 1260.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the laws governing the issuance of 
driver's licenses and nondriver identification cards. 
1. It requires the Secretary of State to provide notice to an applicant for a REAL ID 
compliant driver's license or nondriver identification card at the time of application of the 
· document retention policies of the Secretary of State governing documents provided by 
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an applicant. 
2. It prohibits the Secretary of State from providing a document or a copy of a 
document collected in connection with the issuance of a driver's license or nondriver 
identification card to a person other than a law enforcement agency. It prohibits the 
Secretary of State from copying, scanning or storing a document collected in connection 
with the issuance of a driver's license or nondriver identification card except for a 
document collected in connection with the issuance of a REAL ID compliant driver's 
license or nondriver identification card. 
HOUSE AMENDMENT 
HOUSE AMENDMENT «Jr" to COMMITTEE AMENDMENT "A" to S.P. 92, L.D. 306 
3. It clarifies that the Secretary of State may not disseminate social security numbers 
collected in connection with the issuance of a driver's license or nondriver identification 
card. 
4. It provides that the Secretary of State may use biometric technology, including, 
but not limited to, retinal scanning, facial recognition or fingerprint technology, only to 
produce a REAL ID compliant driver's license or nondriver identification card. 
FISCAL NOTE REQUIRED 
HOUSE AMENDMENT 
Approved: 04/10/17 .fld'ac::.. 
LD306 
LR 1220(06) 
An Act To Require State Compliance with Federal REAL ID Guidelines 
Fiscal Note for House Amendment •;4 to Committee Amendment "A" 
Sponsor: Rep. Hickman of Winthrop 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Highway Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State associated with providing notice to applicants of certain 
retention policies can be absorbed within existing budgeted resources. 
LR1220(06) - Fiscal Note - Page 1 of 1