HP1662, LD 2304, item 3, 123rd Maine State Legislature

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Amend the bill by striking out all of section 2 (page 2, lines 4 to 21 in L.D.) and inserting the following:
‘Sec. 2. 29-A MRSA §1301, sub-§12  is enacted to read:
 
12.  Legal presence requirement.     Except as provided in section 1305, the Secretary of State may not issue a license to any applicant who has not presented to the Secretary of State with the application valid documentary evidence that the applicant is either:
 
A.  A citizen of the United States;
 
B.  A legal permanent resident of the United States; or
 
C.  A conditional resident alien of the United States.
Sec. 3. 29-A MRSA §1305, sub-§3,  as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 4. 29-A MRSA §1305, sub-§4  is enacted to read:
 
4.  Temporary legal presence.     In addition to the requirements under subsection 2, an applicant may be issued a temporary license if that person presents in person any of the following valid documentary evidence as established by the federal Department of Homeland Security:
 
A.  A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
 
B.  A pending or approved application for asylum in the United States;
 
C.  Documentary evidence of entry into the United States in refugee status;
 
D.  A pending or approved application for temporary protected status in the United States;
 
E.  Documentary evidence of approved deferred action status; or
 
F.  A pending application for adjustment of status to legal permanent residence status or conditional resident status.
 
A temporary license issued pursuant to this subsection is valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year. Any temporary license issued pursuant to this subsection must clearly indicate that it is temporary and must state the date that it expires. A temporary license issued pursuant to this subsection may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary license has been extended by the United States Citizenship and Immigration Services within the federal Department of Homeland Security.
Sec. 5. 29-A MRSA §1406, sub-§5,  as repealed and replaced by PL 2003, c. 434, §22 and affected by §37, is amended to read:
 
5. Fee; 6-year license.   The fee for the 6-year noncommercial driver's license is ~~$30~~$35.
Sec. 6. 29-A MRSA §1410, sub-§1,  as enacted by PL 1997, c. 437, §40, is repealed and the following enacted in its place:
 
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 a 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.
 
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 of up to 364 days or by monetary fine of up to $2,000, or both."
Sec. 7. 29-A MRSA §1410, sub-§8  is enacted to read:
 
8.  Legal presence requirement.     Except as provided in subsection 9, the Secretary of State may not issue a nondriver identification card to an applicant unless the applicant presents to the Secretary of State with the application valid documentary evidence that the applicant is either:
 
A.  A citizen of the United States;
 
B.  A legal permanent resident of the United States; or
 
C.  A conditional resident alien of the United States.
 
This subsection does not apply to an applicant for a nondriver identification card who has previously held a Maine-issued driver's license or nondriver identification card as long as the applicant's license or nondriver identification card has not been expired for more than 5 years.
Sec. 8. 29-A MRSA §1410, sub-§9  is enacted to read:
 
9.  Temporary legal presence.     An applicant may be issued a temporary nondriver identification card if that person presents in person any of the following valid documentary evidence as established by the federal Department of Homeland Security:
 
A.  A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
 
B.  A pending or approved application for asylum in the United States;
 
C.  Documentary evidence of entry into the United States in refugee status;
 
D.  A pending or approved application for temporary protected status in the United States;
 
E.  Documentary evidence of approved deferred action status; or
 
F.  A pending application for adjustment of status to legal permanent resident status or conditional resident status.
 
Notwithstanding subsection 4, a temporary nondriver identification card issued pursuant to this subsection is valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year. A temporary nondriver identification card issued pursuant to this subsection must clearly indicate that it is temporary and must state the date that it expires. A temporary nondriver identification card issued pursuant to this subsection may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary nondriver identification card has been extended by the United States Citizenship and Immigration Services within the federal Department of Homeland Security.
Sec. 9. Appropriations and allocations. The following appropriations and allocations are made.
 
SECRETARY OF STATE, DEPARTMENT OF
 
Administration - Motor Vehicles 0077
 
Initiative: Provides an allocation for motor vehicle customer service representatives and related costs to allow every applicant for a driver's license to visit a branch office and provide evidence of residency and proof of United States citizenship.

HIGHWAY FUND | 2007-08 | 2008-09
POSITIONS - LEGISLATIVE COUNT | 6.500 | 6.500
Personal Services | $83,129 | $352,690
All Other | $130,536 | $16,658
HIGHWAY FUND TOTAL | $213,665 | $369,348
 
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SUMMARY
This amendment retains the residency requirements for driver's licenses and the application requirement for nondriver identification cards as proposed in the bill and prohibits the Secretary of State from issuing a license or nondriver identification card to any applicant who has not presented evidence that the applicant is either a citizen of the United States, a legal permanent resident of the United States or a conditional resident alien of the United States. The amendment also provides that a temporary driver’s license or nondriver identification card may be issued to a person who presents in person any of the following documentary evidence:
1. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
2. A pending or approved application for asylum in the United States;
3. Documentary evidence of entry into the United States in refugee status;
4. A pending or approved application for temporary protected status in the United States;
5. Documentary evidence of approved deferred action status; or
6. A pending application for adjustment of status to legal permanent resident status or conditional resident status.
The amendment also increases the fee for the 6-year noncommercial driver’s license by $5 and adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)

HP1662, LR 3488, item 3, First Special Session - 123rd Legislature, page