PUBLIC Law, Chapter 27, An Act To Require State Compliance with Federal REAL ID Guidelines

An Act To Require State Compliance with Federal REAL ID Guidelines

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §1260 is enacted to read:

§ 1260. REAL ID compliant driver's license or nondriver identification card

The Secretary of State may issue, upon request of the applicant, a driver's license under this subchapter or a nondriver identification card under section 1410 that meets the standards of the federal REAL ID Act of 2005, Public Law 109-13. A person may not hold a REAL ID compliant driver's license simultaneously with another license with the same class or restriction indicated on the license.

Sec. 2. 29-A MRSA §1301, sub-§2-A, as amended by PL 2013, c. 163, §1, is further amended to read:

2-A. Legal presence requirement. The Secretary of State may not issue a license to an applicant unless the applicant presents to the Secretary of State valid documentary evidence of legal presence in the United States , except that the Secretary of State may exempt a person from the requirements of this subsection if that person is renewing a noncommercial driver's license and that person has continuously held a valid driver's license under this chapter since December 31, 1989 or was born before December 1, 1964.

Sec. 3. 29-A MRSA §1401, sub-§9, as enacted by PL 2011, c. 149, §6, is amended to read:

9. 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Sec. 4. 29-A MRSA §1405, sub-§3, as repealed and replaced by PL 2015, c. 206, §7, is amended to read:

3. Fee. The fee for a duplicate registration certificate is $2. The fee for a duplicate learner's permit, duplicate license or duplicate nondriver identification card is $5. The fee for a duplicate license or duplicate nondriver identification card under section 1260 is $30.

Sec. 5. 29-A MRSA §1406-A, sub-§§1 and 2, as enacted by PL 2013, c. 381, Pt. B, §25, are amended to read:

1. Driver's license fees; expiration of license; persons under 65 years of age. The following provisions apply to the expiration of a driver's license for persons under 65 years of age.

A. Except as provided in section 1255, a noncommercial driver's license to operate a motor vehicle issued to a person under 65 years of age expires at midnight on the license holder's 6th birthday following the date of issuance. The fee for the 6-year noncommercial driver's license is $30 following fees apply.

(1) The fee for the 6-year noncommercial driver's license is $30.

(2) The fee for the 6-year noncommercial driver's license under section 1260 is $55.

B. Except as provided in section 1255, a commercial driver's license to operate a motor vehicle issued to a person under 65 years of age expires at midnight on the license holder's 5th birthday following the date of issuance. The fee for the 5-year commercial driver's license is $34 following fees apply.

(1) The fee for the 5-year commercial driver's license is $34.

(2) The fee for the 5-year commercial driver's license under section 1260 is $59.

2. Driver's license fees; expiration of license; persons 65 years of age and over. A noncommercial or commercial driver's license to operate a motor vehicle issued to a person 65 years of age or older at the date of issuance expires at midnight on the license holder's 4th birthday following the date of issuance. The fee for the 4-year noncommercial driver's license is $21. The fee for the 4-year commercial driver's license is $28 following fees apply.

A. The fee for the 4-year noncommercial driver's license is $21.

B. The fee for the 4-year noncommercial driver's license under section 1260 is $41.

C. The fee for the 4-year commercial driver's license is $28.

D. The fee for the 4-year commercial driver's license under section 1260 is $48.

Sec. 6. 29-A MRSA §1410, sub-§8, as amended by PL 2013, c. 163, §2, is further amended to read:

8. Legal presence requirement. The Secretary of State may not issue a nondriver identification card to an applicant unless the applicant presents to the Secretary of State valid documentary evidence of legal presence in the United States , except that the Secretary of State may exempt a person from the requirements of this subsection if that person has continuously held a nondriver identification card or valid driver's license under this chapter since December 31, 1989 or was born before December 1, 1964.

Sec. 7. 29-A MRSA §1410, sub-§11 is enacted to read:

11. REAL ID compliant nondriver identification card; fee. The fee for a nondriver identification card under section 1260 is $30.

Sec. 8. Secretary of State to issue conforming licenses and identification cards. The Secretary of State shall issue driver's licenses and nondriver identification cards that conform to the federal REAL ID Act of 2005, enacted as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13.

Sec. 9. Appropriations and allocations. The following appropriations and allocations are made.

SECRETARY OF STATE, DEPARTMENT OF

Administration - Motor Vehicles 0077

Initiative: Provides allocations to implement the federal REAL ID Act of 2005.

HIGHWAY FUND 2017-18 2018-19

All Other
$343,853 $823,919

Capital Expenditures
$0 $27,060

inline graphic sline.gif

HIGHWAY FUND TOTAL $343,853 $850,979

Sec. 10. Effective date. Those sections of this Act that enact the Maine Revised Statutes, Title 29-A, section 1260 and section 1410, subsection 11 and amend Title 29-A, sections 1301, 1401, 1405, 1406-A and 1410 take effect July 1, 2019.

Effective 90 days following adjournment of the 128th Legislature, First Regular Session, unless otherwise indicated.

SP0092 LD 306	PUBLIC Law, Chapter 27 on - Session - 128th Maine Legislature
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HIGHWAY FUND	2017-18	2018-19
All Other	$343,853	$823,919
Capital Expenditures	$0	$27,060

HIGHWAY FUND TOTAL	$343,853	$850,979