AUGUSTA (AP) – There was no shortage of support Thursday for a bill to impose a residency requirement to get a Maine driver’s license when a legislative panel took up the issue. But lawmakers acknowledged that their dilemma is how to define residency.

Several supporters urged the Transportation Committee to tighten up Maine’s requirements, saying they now open the door to illegal aliens, terrorists and dangerous felons.

“I have been buried in e-mails … regarding the integrity of Maine licenses,” said Sen. Paula Benoit, R-Phippsburg, adding that state residency alone is no proof that a person is not in the country illegally. Benoit suggested that license applicants be required to have Social Security cards.

Bob Casimiro of Lovell, who heads a group of about 65 people called Mainers for a Sensible Immigration Policy, joined others in saying Maine should not be among a handful of states without license residency requirements.

“It is truly disappointing,” Casimiro’s testimony said, “that six years after 9/11 the Maine Legislature is now only getting around to considering essential improvements for the issuance of drivers’ licenses.”

Also showing up to speak in favor was Dean Scontras of Eliot, who has made it an issue in his campaign for the Republican nomination for Maine’s 1st District congressional seat.

Secretary of State Matthew Dunlap, who headed a working group looking into the issue, said Maine’s never had a residency requirement because it wasn’t considered important until recently. The issue rose to prominence after a group of nonresidents were prosecuted by federal officials for bringing people in from out-of-state to get Maine licenses.

Maine’s licensing policies have also come into question in the case of an Irish man who is awaiting sentencing for a 2006 armed robbery in Bangor. After overstaying the time allowed on his visa, Niall Clarke used a Portland address to apply for a license, which he used as identification to buy the gun.

Dunlap asked the committee Thursday for the go-ahead to work up a residency policy, which would be presented to the committee for its review. Dunlap said he hopes a law can be enacted by the Legislature during this year’s session.

To show residency, a license applicant could show, for example, a passport, utility bill, rent receipt or student documentation, Dunlap said.

But he said the state cannot take on the responsibility to check applicants’ immigration status.

“We are not an immigration agency,” said Dunlap, “we have no authority to do so. We are not free to act on immigration law.”

Some supporters dismissed as a “red herring” claims that Maine licenses provide a virtual ticket to state social programs, saying the state must check a government computer to make sure applicants are living in the country legally.

Opposing the bill was the Maine Civil Liberties Union, which believes that a license should be granted to anyone who proves their competence to drive – period.

“Residency requirements more often than not keep citizens from getting benefits that are theirs,” said Shenna Bellows, MCLU executive director. Bellows warned that residency rules can run afoul of the Constitution’s equal protection clause, adding, “Proving residency may not be as easy as it seems.”

“You see the dilemma we’re in,” said Rep. Charles Fisher, D-Brewer. “There ain’t no easy answer for us.”

Gov. John Baldacci’s administration is supporting the residency requirement. Public Safety Commissioner Anne Jordan suggested that the definition of resident be consistent with existing law.

A work session on the bill is scheduled for Feb. 28.

Copy the Story Link