An Act Regarding Driver's Licenses for Individuals in Foster Care
Maine Legislature, Session 131, LD 1712
Committee: Health and Human Services
Sponsors: ROEDER, BALDACCI, COLLINGS, FAY, O'CONNELL, RANA, RUSSELL, TIPPING
Amends: 22 MRSA §4010-E, 22 MRSA §4061, 29-A MRSA §951, 29-A MRSA §1251, 29-A MRSA §1302, 29-A MRSA §1354

Legislative Document
No. 1712
H.P. 1101
House of Representatives, April 18, 2023
An Act Regarding Driver's Licenses for Individuals in Foster Care
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ROEDER of Bangor.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: COLLINGS of Portland, FAY of Raymond, O'CONNELL of Brewer, RANA 
of Bangor, RUSSELL of Verona Island, Senator: TIPPING of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4010-E is enacted to read:
§4010-E.  Annual survey on drivers and licensure; report
The Office of Child and Family Services shall conduct an annual survey of how many 
persons 15 years of age or older and under 26 years of age who are in foster care or were 
formerly in foster care under this chapter are eligible to obtain a driver's license under Title 
29-A, chapter 11, have obtained a driver's license, have completed a driver education 
course, have obtained a learner's permit or have obtained a state identification card. The 
survey must include questions designed to obtain information on the number of persons 15 
years of age or older and under 26 years of age who are in foster care or were formerly in 
foster care under this chapter who have completed required hours of driving under a 
learner's permit, have access to a motor vehicle and have motor vehicle insurance. The 
Office of Child and Family Services shall submit a report annually by January 15th to the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters. The report must include the findings from the annual survey and an 
evaluation of the budgetary requirements of funding associated with these findings and 
must provide an evaluation of the performance and outcomes of the programs established 
under section 4061, subsections 4 and 5.
Sec. 2.  22 MRSA §4061, sub-§4 is enacted to read:
4.  Driver's license fee coverage.  The Office of Child and Family Services shall 
establish a program to pay for the following fees and costs incurred by a person who meets 
the requirements of Title 29-A, section 1251, subsection 8:
A. All fees waived by the Secretary of State under Title 29-A, section 1251, subsection 
8; 
B. The cost of motor vehicle insurance obtained in accordance with Title 29-A, section 
1354, subsection 9; and
C. Any additional costs related to obtaining a driver's license under Title 29-A, chapter 
11.
The department may adopt rules to carry out the purposes of this subsection. Rules adopted 
pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2‑A.
Sec. 3.  22 MRSA §4061, sub-§5 is enacted to read:
5.  Motor vehicle education program.  The department shall establish a program to 
ensure that any minor in state custody under this chapter who is 15 years of age or older is 
provided the opportunity to obtain:
A. Assistance in obtaining a driver's license or learner's permit or enrolling in a driver 
education course under Title 29-A, chapter 11;
B. Skills training for safe driving; 
C. Supervised driving practice hours, including required hours of driving under a 
learner's permit; and 
D. Information on how to obtain motor vehicle insurance. 
The department may adopt rules to carry out the purposes of this subsection. Rules adopted 
pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2‑A.
Sec. 4.  29-A MRSA §951, sub-§7 is enacted to read:
7.  Purchase by minors.  A dealer shall allow a minor who is at least 15 years and 6 
months of age, meets the requirements of section 1251, subsection 8 and has a valid driver's 
license under chapter 11 to contract for the purchase of a motor vehicle.
Sec. 5.  29-A MRSA §1251, sub-§8 is enacted to read:
8.  Fee waived.  The Secretary of State shall waive all fees assessed by the bureau 
related to obtaining a license under this chapter for a person:
A. Who has not attained 27 years of age and who, pursuant to Title 22, chapter 1071, 
is or has been placed in the care of someone other than the person's parents by the 
Department of Health and Human Services; or
B. Who is a minor living separately and independently from the minor's parents or a 
legal guardian. A minor may prove that the minor meets the requirements of this 
paragraph by providing documentation determined satisfactory by the Secretary of 
State, including, but not limited to:
(1)  A written statement affirming that the minor meets the requirements of this 
paragraph, signed by:
(a)  A director or designee of a governmental or nonprofit agency that receives 
public or private funding to provide services to homeless persons;
(b)  A local educational agency liaison for homeless children and youth 
designated pursuant to 42 United States Code, Section 11432(g)(1)(J)(ii) 
(2019) or a school social worker or counselor; or
(c) An attorney representing the minor; 
(2)  A copy of a protection from abuse complaint or a temporary order or final 
order of protection against the minor's parent or legal guardian; or
(3)  An order of a court that the person has been emancipated pursuant to Title 15, 
section 3506‑A.
Sec. 6.  29-A MRSA §1302, sub-§1, ¶C, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read:
C.  When the minor has no parent, guardian or spouse who has attained the age of 18 
years of age, signed by the employer of the minor if that employer is 18 years of age 
or older; or:
(1)  A person who is 19 years of age or older who is the minor's employer, 
grandparent, sibling, sibling of the person's parent or that sibling's spouse or foster 
parent as defined in Title 22, section 4002, subsection 5-A;
(2)  A lay caregiver of the minor designated under Title 22, section 1711-G who is 
years of age or older;
(3)  An employee designated by the Office of Child and Family Services; or
(4)  The minor applicant if approved by the Office of Child and Family Services; 
or
Sec. 7.  29-A MRSA §1302, sub-§3 is enacted to read:
3.  Liability.  A person who lawfully signs an application for a license of a minor under 
subsection 1, paragraph C, subparagraphs (1) to (3) is not liable by reason of having signed 
the application for damages caused by the negligence or willful misconduct of the minor 
while driving under the license.
Sec. 8.  29-A MRSA §1354, sub-§9, as enacted by PL 1995, c. 505, §15 and 
affected by §22, is amended to read:
9.  Insurance for graduates.  Rating bureaus or independent insurers as recognized 
by the Superintendent of Insurance may grant an automobile insurance discount for driver 
education school graduates. Rating bureaus or independent insurers as recognized by the 
Superintendent of Insurance shall allow a minor who is a driver education school graduate 
to obtain vehicle liability insurance with rights, privileges and benefits equal to those of an 
individual policy holder who is 19 years of age or older if that minor is at least 15 years 
and 6 months of age and satisfies the requirements of section 1251, subsection 8.
SUMMARY
This bill does the following: 
1. It requires the Department of Health and Human Services, Office of Child and 
Family Services to conduct an annual survey on how many persons 15 years of age or older 
and under 26 years of age who are in foster care or were formerly in foster care are eligible 
to obtain a driver's license, have obtained a driver's license, have completed a driver 
education course, have obtained a learner's permit or have obtained a state identification 
card. The survey must include how many persons 15 years of age or older and under 26 
years of age who are in foster care or were formerly in foster care have completed required 
hours of driving under a learner's permit, have access to a motor vehicle and have motor 
vehicle insurance. The office is required to submit a report annually by January 15th to the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters. The report must include the findings from the annual survey and an 
evaluation of the budgetary requirements of funding associated with these findings and 
provide an evaluation of the performance and outcomes of the programs; 
2. It requires the office to establish a program to pay for the fees and costs incurred by 
a minor placed in the care of someone other than the minor's biological parents or a minor 
who is living independently of the minor's biological parents related to obtaining a license 
and motor vehicle insurance and additional costs related to obtaining a driver's license. The 
department may adopt rules to implement the provisions;
3. It directs the department to establish a program to ensure that any minor placed in 
the care of someone other than the minor's biological parents or a minor who is 15 years of 
age or older who is living independently of the minor's biological parents is provided the 
opportunity to obtain assistance in obtaining a driver's license or learner's permit or 
enrolling in a driver education course; skills training for safe driving; required hours of 
driving under a learner's permit; and information on how to obtain motor vehicle insurance. 
The department may adopt rules related to the program;
4. It provides that a licensed dealer is required to allow a minor who is at least 15 years 
and 6 months of age who had been placed in the care of someone other than the minor's 
biological parents or a minor who is living independently of the minor's biological parents 
who has a valid driver's license to contract for the purchase of a motor vehicle;
5. It directs the Secretary of State to waive all fees assessed by the Department of the 
Secretary of State, Bureau of Motor Vehicles related to obtaining a license for a person 
who has not attained 27 years of age and who is or has been placed in the care of someone 
other than the person's parents by the department; 
6. It allows a minor who has no parent, guardian or spouse to have the minor's driver's 
license application signed by a lay caregiver of the minor who is 22 years of age or older, 
an employee designated by the office or the minor applicant if approved by the office; 
7. It limits the liability of a person who lawfully signs an application for a minor who 
has no parent or guardian or spouse who has attained 18 years of age; and 
8. It requires rating bureaus or independent insurers as recognized by the 
Superintendent of Insurance to allow certain minors who are driver education school 
graduates to obtain vehicle liability insurance with rights, privileges and benefits equal to 
those of an individual policy holder who is 19 years of age or older.