Maine House OKs tougher license rules Supporters distance bill from Real ID

AUGUSTA – After a debate that rang with themes of states’ rights, individual liberties and security of state credentials, the Maine House approved a bill Wednesday to tighten the rules for getting a Maine driver’s license.

After a two-hour debate, representatives voted 73-69 to pass the bill, LD 2309, but before sending it to the Senate they chopped out a provision to increase driver’s license fees. The Senate was not expected to take up the bill Wednesday night.

As legislative debate over this and other bills extended into Wednesday night, leaders said the session’s planned adjournment would be pushed into Thursday or later.

The bill was submitted by Democratic Gov. John Baldacci under pressure from the federal government as it encourages states to tighten their licensing standards in the interest of national security.

But supporters repeatedly distanced the bill’s contents from the federal Real ID Act of 2005, which is reviled by critics as a threat to civil liberties. Last year, Maine passed a law forbidding the state’s participation in Real ID.

“There are things about Real ID that really appall me,” said Rep. Richard Cebra, R-Naples, one of eight on the 13-member Transportation Committee who support a reworked version of Baldacci’s bill. “But this bill is not Real ID.”

The committee’s House chair, Rep. Boyd Marley, D-Portland, offered only tepid words of support, calling it “a move in the right direction.”

The bill appeared after the state asked the federal Department of Homeland Security for an extension for compliance with Real ID in order to avoid sanctions, including having Maine license holders submit to heightened security at airports and federal buildings as of May 11.

DHS responded with demands that many critics believe single Maine out. Baldacci’s bill includes a provision to require applicants’ lawful presence in the United States. Maine is one of a handful of states without such a requirement.

The bill also would require Maine licenses to expire when a holder’s legal duration of stay in the U.S. ends, photos of applicants at the start of the licensing process, the state to find ways to avoid duplication of licenses, and checking with a federal program to determine lawful presence.

The Transportation Committee recommended paying for the changes by increasing driver’s license fees from $30 for a six-year license to $45. But an amendment by Rep. Janet Mills, D-Farmington, removed the increase.

House critics said they doubt the provisions would do anything to enhance security and said immigration matters are the constitutional responsibility of the federal government, not states.

“We’re being asked to implement a national ID program through coercion by the federal government,” said Rep. Jeremy Fischer, D-Presque Isle, who also warned of unknown future costs of the program.

Others derided the measure as “the stuff of Big Brother” and another piece of a patchwork of federally inspired licensing changes that vary from state to state. Rep. Theresa Hayes questioned the need for changes.

“There is a federal ID,” said the Buckfield Democrat. “It’s called a passport. If that’s what we need, let’s go and get one.”

Rep. Stephen Beaudette, D-Biddeford, dismissed the Orwellian warnings and said the bill helps to strengthen weak spots in the licensing process that have drawn notice from out-of-state applicants who come to Maine to get a license fraudulently.

“It’s an interim solution,” said Beaudette.

A separate bill that requires state residency for license and state ID applicants was working its way through the Legislature.