HB 273-FN – AS INTRODUCED
2005 SESSION
03/04
HOUSE BILL 273-FN
AN ACT relative to licenses for persons who are not United States citizens and who are temporarily residing in New Hampshire.
SPONSORS: Rep. Hinkle, Hills 19; Rep. Bicknell, Rock 1; Rep. Giuda, Graf 5; Sen. Green, Dist 6
This bill broadens the statute that currently authorizes drivers’ licenses for aliens temporarily residing in New Hampshire.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0747
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to licenses for persons who are not United States citizens and who are temporarily residing in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Licenses for Persons Residing in New Hampshire Who Are Not Citizens of the United States. Amend RSA 263:39-a to read as follows:
263:39-a License for [Aliens Temporarily] Persons Residing in New Hampshire Who Are Not Citizens of the United States.
I. The director may issue a New Hampshire driver’s license to a [nonresident alien] person who is not a citizen of the United States who is living in New Hampshire on a temporary basis[:
[(a) For the purposes of attending a public or private educational institution which has a regular faculty, curriculum, and organized body of pupils or students in attendance and is enrolled in such education institution;
(b) For the purposes of engaging in lawful employment, occupational, or business activity, and is engaged in such activity; or
(c) Who is the spouse or child of an alien licensed under this section].
II. The director may require any of the following:
(a) Certification from the foreign government regarding the person’s driving record and licensing status.
(b) Submission of social security number, or, if the person does not qualify for such a number, the submission of certification to that effect as is acceptable to the commissioner.
(c) Written or other testing.
(d) Proof of compliance with the conditions set forth in paragraph I as is acceptable to the director.
(e) Proof of identification as may be acceptable to the director.
(f) Proof of previous vehicle operation in the foreign country or proof of completion of an approved driver education course acceptable to the director.
III. The term of the license shall [be] expire on the date of the expiration of the person’s visa but no longer than 5 years from the date of issuance, and the director may set a lesser term in accordance with the length of the person’s residence in New Hampshire. A permanent resident or person on refugee status shall be issued a driver’s license for a term not to exceed 5 years from the date of issuance.
IV. Nothing in this chapter shall preclude the director from denying a license if the director determines that licensure of the person may be contrary to the public safety. Once licensed, the individual shall be subject to the same provisions of the law as all other licensees. [When the person no longer meets the conditions specified in paragraph I, the person shall forthwith return the license to the director and the license shall become invalid.]
V. Any license issued under this section shall be clearly distinguishable from any other form of driver’s license issued by the director.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
05-0747
1/14/05
HB 273-FN - FISCAL NOTE
AN ACT relative to licenses for persons who are not United States citizens and who are temporarily residing in New Hampshire.
FISCAL IMPACT:
The Department of Safety determined this bill may increase state highway fund revenue and expenditures and local revenue by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on county revenue or county and local expenditures.
METHODOLOGY:
The Department stated they are unable to determine how many additional non-citizens would qualify for a driver’s license as authorized in this bill. Each qualifying person would pay $50 every five years, which would be deposited into the highway fund. Therefore, they are unable to estimate the potential increase in highway fund revenue. Pursuant to RSA 235:23 apportionment, in each fiscal year, the commissioner shall allocate an amount not less than 12% of the total road toll revenue and motor vehicle fees collected in the preceding fiscal year to a local highway aid fund. To the extent that highway fund revenues are impacted by this bill, local revenue will be impacted as well.