CHAPTER 568
H.P. 1324 - L.D. 1802
An Act To Permit the Photocopying of Driver's Licenses in Financial Transactions
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, federal laws, including the USA PATRIOT Act, now require financial institutions and other supervised financial organizations to verify a person's identity for the consummation of financial transactions; and
Whereas, federal regulators and state law enforcement officials have suggested that maintaining a copy of a driver's license is an appropriate method to demonstrate compliance with federal law; and
Whereas, current Maine law prohibits the photocopying of a driver's license without the consent of the Secretary of State; and
Whereas, there is no prohibition on the photocopying of a United States passport or student identification card for identification purposes; and
Whereas, this statutory provision permits the photocopying of a driver's license for identification purposes in certain situations without the consent of the Secretary of State; and
Whereas, this provision restricts the further disclosure of the photocopy for the protection of private personal information; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2103, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is further amended to read:
4. Printing or reproduction of motor vehicle document. A person commits a Class D crime if that person prints, prepares, reproduces, sells or transfers without the written consent of the Secretary of State a paper or document in the form of a certificate of registration, driver's license or any other certificate, permit, license or form used by the Secretary of State in administering this Title. Notwithstanding this subsection, a person may photocopy a certificate of registration solely for record-keeping purposes without the written consent of the Secretary of State.:
A. A certificate of registration solely for record-keeping purposes;
B. A driver's license solely for proof of identification for the consummation of a financial transaction;
C. A driver's license solely to verify that a commercial driver's license has been issued and only if the person making the photocopy is an employer; or
D. A driver's license solely for motor vehicle loaner and demonstration purposes pursuant to sections 1002 and 1003.
Any photocopy or other electronic copy of a driver's license or certificate of registration permitted under this subsection must be kept in a secure, nonpublic location and, unless permitted pursuant to another applicable law, may not be published, reproduced, distributed or disclosed for any other purpose.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 24, 2004.
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