HP0803, LD 1068, item 1, An Act To Protect the Privacy of Maine Residents under the Driver's License Laws

An Act To Protect the Privacy of Maine Residents under the Driver's License Laws

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

Sec. 1. 1 MRSA §402, sub-§3, ¶P, as corrected by RR 2009, c. 1, §2, is amended to read:

P. Geographic information regarding recreational trails that are located on private land that are authorized voluntarily as such by the landowner with no public deed or guaranteed right of public access, unless the landowner authorizes the release of the information; and

Sec. 2. 1 MRSA §402, sub-§3, ¶Q, as reallocated by RR 2009, c. 1, §3, is amended to read:

Q. Security plans, staffing plans, security procedures, architectural drawings or risk assessments prepared for emergency events that are prepared for or by or kept in the custody of the Department of Corrections or a county jail if there is a reasonable possibility that public release or inspection of the records would endanger the life or physical safety of any individual or disclose security plans and procedures not generally known by the general public. Information contained in records covered by this paragraph may be disclosed to state and county officials if necessary to carry out the duties of the officials, the Department of Corrections or members of the State Board of Corrections under conditions that protect the information from further disclosure . ; and

Sec. 3. 1 MRSA §402, sub-§3, ¶R is enacted to read:

R. Social security numbers in the possession of the Secretary of State.

Sec. 4. 29-A MRSA §1301, sub-§2-A, as enacted by PL 2007, c. 648, §1, is repealed.

Sec. 5. 29-A MRSA §1301, sub-§6-A is enacted to read:

6-A. Confidentiality. The Secretary of State may not disseminate information collected under subsection 6 to any entity without specific authorization from the Legislature. 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. 6. 29-A MRSA §1401, sub-§6, as enacted by PL 1999, c. 470, §24, is amended to read:

6. Distribution of digital image. Digital image information used to produce a license is confidential and may be distributed only as required to comply with the provisions of 18 United States Code, Chapter 123 Section 2721, except that digital image information may not be distributed to for sales and marketing companies purposes or to nongovernmental entities or to the public. A violation of this subsection is a violation of section 2103, subsection 4.

Sec. 7. 29-A MRSA §1401, sub-§9 is enacted to read:

9. Retention of digital information. The storage, recording or retention of digital image information used to produce a license is prohibited.

Sec. 8. 29-A MRSA §1401, sub-§10 is enacted to read:

10. 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. 9. 29-A MRSA §1406, sub-§9, as enacted by PL 2007, c. 648, §2, is repealed.

Sec. 10. 29-A MRSA §1410, sub-§8, as enacted by PL 2007, c. 648, §3, is repealed.

Sec. 11. 29-A MRSA §1410, sub-§9, as enacted by PL 2007, c. 648, §4, is repealed.

Sec. 12. PL 2007, c. 648, §5 is repealed.

Sec. 13. PL 2007, c. 648, §6 is repealed.

Sec. 14. PL 2007, c. 648, §7 is repealed.

Sec. 15. PL 2007, c. 648, §8 is repealed.

Sec. 16. PL 2007, c. 648, §9 is repealed.

Sec. 17. Allocation of funds. Cost savings as a result of this Act must be allocated to the Highway and Bridge Capital program within the Department of Transportation.

summary

This bill is a partial repeal of current Maine law enacted to comply with the requirements of the federal REAL ID Act of 2005.

This bill:

1. Repeals the requirement that the Secretary of State issue driver's licenses and nondriver identification cards only to individuals who present documentary evidence of legal presence in the United States;

2. Exempts social security numbers in the possession of the Secretary of State from the definition of "public records" under Maine's freedom of access laws;

3. Provides that the Secretary of State may not disseminate social security numbers to any entity without legislative authorization;

4. Restricts the distribution and retention of digital information used to produce a license;

5. Prohibits the Secretary of State from use of biometric technology, such as retinal scans, facial recognition or fingerprint technology, but not including digital photographs in the production or storing of license information;

6. Repeals the requirement that the Secretary of State participate in the federal Systematic Alien Verification for Entitlements Program, the centralized database system used and maintained by the United States Citizenship and Immigration Services;

7. Repeals the requirement that the Secretary of State study the most cost-effective technology to prevent driver's license or nondriver identification card duplication;

8. Provides that cost savings as a result of this Act must be allocated to the Highway and Bridge Capital program within the Department of Transportation;

9. Does not change the current requirement that an applicant for a Maine driver's license or nondriver identification card must provide proof of residency; and

10. Repeals the requirement that a license or nondriver identification card of a noncitizen or legal permanent resident expires at the end of the licensee's authorized duration of stay in the United States.

HP0803 LD 1068	First Regular Session - 125th Maine Legislature		LR 1925 Item 1
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