Revision: May 12, 2016, midnight
\t \t\tCHAPTER 71
HB 1616-FN - FINAL VERSION
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11Feb2016... 0479h
04/14/2016 1279s
04/14/2016 1344s
20Apr2016... 1707EBA
2016 SESSION
\t16-2112
\t03/01
HOUSE BILL\t1616-FN
AN ACT\trelative to drivers' licenses and identification cards that are compliant with federal identification law.
SPONSORS:\tRep. Packard, Rock. 5; Rep. Hinch, Hills. 21; Rep. Shurtleff, Merr. 11; Rep. Steven Smith, Sull. 11; Rep. T. Walsh, Merr. 24; Rep. Bates, Rock. 7; Rep. Gionet, Graf. 5; Rep. J. Ward, Rock. 19; Sen. Stiles, Dist 24; Sen. Boutin, Dist 16
COMMITTEE:\tTransportation
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AMENDED ANALYSIS
\tThis bill:
\tI. Allows a person obtaining a driver's license or nondriver's picture identification card to choose whether the license or identification card complies with the Real ID Act of 2005.
\tII. Authorizes optional enhanced drivers’ licenses and optional enhanced nondrivers’ picture identification cards which meet the standards of the Western Hemisphere Travel Initiative.
\tIII. Establishes exceptions to the prohibition on state participation in a federal identification database.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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11Feb2016... 0479h\t16-2112
04/14/2016 1279s\t03/01
04/14/2016 1344s
20Apr2016... 1707EBA
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to drivers' licenses and identification cards that are compliant with federal identification law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t71:1 Prohibition Against Participation in National Identification System. Amend 2007, 243:1, I-II as amended by 2010, 372:1 to read as follows:
\t\tI. The general court finds that the public policy established by Congress in the Real ID Act of 2005, Public Law 109-13, is contrary and repugnant to Articles 1 through 10 of the New Hampshire constitution as well as Amendments 4 though 10 of the Constitution for the United States of America. Therefore, except to the extent provided in RSA 260:21-a, RSA 260:21-b, RSA 263:14-b, and RSA 263:14-c, the state of New Hampshire shall not participate in any driver’s license program pursuant to the Real ID Act of 2005 or in any national identification card system that may follow therefrom, including PASS ID.
\t\tII. Except to the extent provided in RSA 260:21-a, RSA 260:21-b, RSA 263:14-b, and RSA 263:14-c, the department of safety shall not amend procedures for applying for a driver’s license [under RSA 263] or an identification card [under RSA 260:21] in order to comply with the goals or standards set forth in the Real ID Act of 2005 or in any national identification card system that may follow therefrom, including PASS ID, or in any rules or regulations promulgated thereunder, or in any requirements adopted by the American Association of Motor Vehicle Administrators for such purposes.
\t71:2 References Added. Amend RSA 126-K:3, I(b) to read as follows:
\t\t\t(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or any picture identification card issued by another state which bears the date of birth, name, and address of the individual.
\t71:3 References Added. Amend RSA 179:8, I(b) to read as follows:
\t\t\t(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or any picture identification card issued by another state, the District of Columbia, or a United States territory, which bears the date of birth, name, and address of the individual.
\t71:4 References Added. Amend RSA 179:9, III to read as follows:
\t\tIII. An identification card issued under the provisions of RSA 260:21, RSA 260:21-a, or RSA 260:21-b shall be withdrawn for violation of this section for 90 days. In addition, the director of the division of motor vehicles shall withdraw, for 90 days, the identification card of any person who allows his card to be used or displayed by another person for the purpose of purchasing liquor or beverages as defined in RSA 175:1.
\t71:5 References Added. Amend RSA 214:11-a, I to read as follows:
\t\tI. No person is authorized to procure a resident license to hunt, fish, or take clams or clam worms or oysters, without first exhibiting to the person issuing the license a valid New Hampshire driver's license or New Hampshire nondriver's picture identification card issued pursuant to RSA 260:21, RSA 260:21-a, or RSA 260:21-b. Whenever the applicant is under 18 years of age, the parent or guardian of the applicant shall be a resident pursuant to RSA 207:1, XXIII.
\t71:6 Identification Cards. Amend RSA 260:21, III to read as follows:
\t\tIII. The identification card shall bear the name, address, date of birth, blood type (optional), veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), picture and signature of the applicant, and in the case of a card issued pursuant to RSA 260:21, I(c), said card shall bear the notation "Golden Granite State Discount Card.'' The identification card shall bear an approved security marking indicating that it was not issued in compliance with Public Law 109-13 and is therefore not acceptable for federal identification purposes.
\t71:7 New Paragraph; Identification Cards. Amend RSA 260:21 by inserting after paragraph XI the following new paragraph:
\t\tXII. At the request of a resident who is otherwise eligible for an identification card pursuant to RSA 260:21, I and II, and is willing and able to meet the additional requirements of RSA 260:21-a or RSA 260:21-b, the department may issue a nondriver’s picture identification card that is compliant with the standards of the Real ID Act of 2005, Public Law 109-13, and its implementing regulations, including, but not limited to, 6 C.F.R. part 37, or an enhanced identification card as proof of identity and citizenship for persons entering the United States at land and sea ports which meet the standards of the Western Hemisphere Travel Initiative developed by the United States Department of State and the United States Department of Homeland Security, and its associated regulations, including but not limited to Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere, 73 Fed. Reg. 18,384, Apr. 3, 2008, respectively, in lieu of an identification card defined in RSA 260:21.
\t71:8 New Sections; Compliant Identification Card and Enhanced Identification Card. Amend RSA 260 by inserting after section 21 the following new sections:
\t260:21-a Public Law 109-13 Compliant Identification Card.
\t\tI. The department shall upon application issue a nondriver's picture identification card that complies with Public Law 109-13 to any resident who:
\t\t\t(a) Meets the requirements of RSA 260:21, I and II.
\t\t\t(b) Does not hold any other driver’s license or nondriver’s picture identification card.
\t\t\t(c) Agrees to have his or her facial image, signature, and social security number retained by the department.
\t\t\t(d) Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency.
\t\tII. The identification card shall bear the name, address, date of birth, veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant.
\t\tIII. The identification card shall be valid for 5 years from the date of issuance.
\t\tIV. The fee for such card shall be $10 and is not refundable.
\t\tV. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a misdemeanor.
\t\tVI. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.
\t\tVII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.
\t\tVIII. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.
\t\tIX. The director shall keep a record of the cards issued, and each card shall contain a random identification number specifically assigned to the person to whom the card was issued.
\t260:21-b Enhanced Identification Card.
\t\tI. The department shall upon application issue an enhanced nondriver's picture identification card that complies with the standards of the Western Hemisphere Travel Initiative regarding proof of identity and citizenship for persons entering the United States at land and sea ports, to any resident who:
\t\t\t(a) Meets the requirements of RSA 260:21, I and II.
\t\t\t(b) Does not hold any other driver’s license or nondriver’s picture identification card.
\t\t\t(c) Agrees to have his or her facial image, signature, and social security number retained by the department.
\t\t\t(d) Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency.
\t\tII. The identification card shall bear the name, address, date of birth, veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant.
\t\tIII. The identification card shall be valid for 5 years from the date of issuance.
\t\tIV. The fee for such card shall be $50 and is not refundable.
\t\tV. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a felony.
\t\tVI. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.
\t\tVII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.
\t\tVIII. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.
\t\tIX. The director shall keep a record of the cards issued, and each card shall contain a random identification number specifically assigned to the person to whom the card was issued.
\t71:9 New Section; Drivers' Licenses; Enhanced Drivers' Licenses and Identification Cards. Amend RSA 263 by inserting after section 1-c the following new section:
\t263:1-d Enhanced Drivers’ Licenses and Identification Cards.
\t\tI. The department may enter into a memorandum of understanding with any federal agency for the purpose of obtaining approval of an enhanced driver’s license or enhanced nondriver’s picture identification card as proof of identity and citizenship for persons entering the United States at land and sea ports, in accordance with the Western Hemisphere Travel Initiative developed by the United States Department of State and the United States Department of Homeland Security.
\t\tII. The department shall adopt rules pursuant to RSA 541-A to implement the program.
\t71:10 References Added. Amend RSA 263:12, VIII-IX to read as follows:
\t\tVIII. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated nondriver's identification card provided under RSA 260:21, RSA 260:21-a, or RSA 260:21-b.
\t\tIX. Photograph, photostat, duplicate, or in any manner reproduce any official nondriver's identification card or facsimile thereof, in such a manner that it could be mistaken for a valid identification card issued under RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or have in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the director.
\t71:11 New Sections; Conditions and Requirements for a License. Amend RSA 263 by inserting after section 14-a the following new sections:
\t263:14-b Driver’s License Compliant with Public Law 109-13. The department of safety may issue, upon request, drivers' licenses which meet the standards of the Real ID Act of 2005, Public Law 109-13, and its implementing regulations, including but not limited to 6 C.F.R. part 37. The department shall upon application issue a driver’s license that complies with Public Law 109-13 to any resident who:
\t\tI. Pays the required fee;
\t\tII. Does not hold any other driver’s license or nondriver’s picture identification card;
\t\tIII. Agrees to have his or her facial image, signature, and social security number retained by the department; and
\t\tIV. Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency.
\t263:14-c Enhanced Driver’s License. The department of safety may issue, upon request, enhanced drivers' licenses as proof of identity and citizenship for persons entering the United States at land and sea ports which meet the standards of the Western Hemisphere Travel Initiative developed by the United States Department of State and the United States Department of Homeland Security, and its associated regulations, including but not limited to Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere, 73 Fed. Reg. 18,384, Apr. 3, 2008. The department shall upon application issue an enhanced driver’s license to any resident who:
\t\tI. Pays the required fee;
\t\tII. Does not hold any other driver’s license or nondriver’s picture identification card;
\t\tIII. Agrees to have his or her facial image, signature, and social security number retained by the department; and
\t\tIV. Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency.
\t71:12 Form of License. Amend RSA 263:40 to read as follows:
\t263:40 Form of License.
\t\tI. The commissioner shall, upon payment of the required fee, issue to every applicant a driver's license subject to such conditions as the commissioner may deem expedient and in such form as the commissioner may prescribe. Licenses issued to persons under the age of 21 shall be designed so that their horizontal and vertical axes are opposite the horizontal and vertical axes of licenses issued to other persons, and said licenses shall prominently display the date on which the licensee shall attain the age of 21 years. Consistent with RSA 263:14, the youth operator license shall expire on the 21st anniversary of the applicant's date of birth, at which time the applicant shall be issued a traditional license. The license shall bear thereon a distinguishing number assigned to the licensee and an instant full-face color photograph, image, or likeness of the licensee. There shall also be provided a space wherein the licensee may indicate his or her honorable veteran's status for purposes of identification for receiving benefits and services under New Hampshire law if the licensee so desires. The license shall bear a special designation or symbol indicating honorable veteran's status for licensees who indicate such veteran status. The driver’s license card shall bear an approved security marking indicating that it was not issued in compliance with Public Law 109-13 and is therefore not acceptable for federal identification purposes.
\t\tII. Drivers' licenses compliant with Public Law 109-13 issued pursuant to RSA 263:14-b shall bear the name, address, date of birth, veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant. The driver’s license card shall bear an approved security marking indicating that it was issued in compliance with Public Law 109-13 and is therefore acceptable for federal identification purposes.
\t\tIII. Enhanced drivers' licenses issued pursuant to RSA 263:14-c shall bear the name, address, date of birth, veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant. The driver’s license card shall bear an approved security marking indicating that it is an enhanced driver’s license.
\t71:13 New Paragraphs; Driver's License Fees. Amend RSA 263:42 by inserting after paragraph I-a the following new paragraphs:
\t\tI-b. For each enhanced driver’s license $80.
\t\tI-c. For the conversion of a driver’s license to an enhanced driver’s license, which shall be for the remaining period of the original license, $30.
\t71:14 References Added. Amend RSA 659:13, II(a)(2) to read as follows:
\t\t\t\t (2) An identification card issued under RSA 260:21, RSA 260:21-a, or RSA 260:21-b or a nondriver's identification card issued by the motor vehicles division, department, agency, or office of any other state.
\t71:15 Provision for Federal Identification Database Prohibited. Amend RSA 260:14-a to read as follows:
\t260:14-a Provision for Federal Identification Database Prohibited.
\t\tI. Except as provided in this section, the department shall not provide, directly or indirectly, a complete, or substantially complete or mirrored, extract of motor vehicle records, or a significant portion thereof, that contain personally identifiable information from any file or database to the federal or any state government or to any agent or agency of, or contractor engaged by, the federal [government for the purpose of creating or enhancing a federal identification database]or any state governments.
\t\tII. Notwithstanding any law to the contrary, the department is authorized to participate in the National Driver Register (NDR) and Problem Driver Pointer System (PDPS), to achieve the state's compliance with the provisions of the National Driver Register Act of 1982, as amended, and its implementing regulations, and to facilitate the state's compliance with the provisions of the driver license compact authorized by RSA 263:77.
\t\tIII. Notwithstanding any law to the contrary, the department is authorized to participate in the Commercial Driver's License Information System (CDLIS), to achieve the state's compliance with the provisions of the Federal Commercial Motor Vehicle Safety Act 1986, as amended, and its implementing regulations.
\t\tIV. Notwithstanding any law to the contrary, the department is authorized to participate in the National Law Enforcement Telecommunications System (NLETS).
\t\tV. Notwithstanding any law to the contrary, the department is authorized to participate in the National Motor Vehicle Title Information System (NMVTIS), to achieve the state's compliance with the provisions of the Federal Anti Car Theft Act of 1992, as amended, and its implementing regulations.
\t\tVI. Notwithstanding any law to the contrary, the department is authorized to participate in a pointer based state-to-state driver verification system with information from applicants for drivers' licenses and identification cards pursuant to RSA 263:14-b, RSA 263:14-c, RSA 260:21-a, and RSA 260:21-b.
\t71:16 Records and Certification. Amend RSA 260:14, III to read as follows:
\t\tIII. Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph. Any records received pursuant to this paragraph shall not be used, further transferred, or otherwise made available to any other person or entity for the purpose of creating or enhancing a federal identification database.
\t\tI. The department shall commence issuance of nondrivers' picture identification cards and drivers' licenses compliant with Public Law 109-13 by January 1, 2017.
\t\tII. The department shall commence issuance of enhanced nondrivers' picture identification cards and enhanced drivers' licenses by July 1, 2017.
\t71:18 Effective Date. This act shall take effect upon its passage.
Approved: May 10, 2016
Effective Date: May 10, 2016