Bill Text - SB520 (2016)

Relative to the form of drivers' licenses and identification cards.


Revision: Jan. 28, 2016, midnight

\t \t\t \t\t \t\t \t \t \t\t

SB 520-FN - AS INTRODUCED

 

2016 SESSION

\t16-2892

\t03/09

 

SENATE BILL\t520-FN

 

AN ACT\trelative to the form of drivers' licenses and identification cards.

 

SPONSORS:\tSen. Soucy, Dist 18; Sen. Bradley, Dist 3; Sen. Feltes, Dist 15; Rep. McLean, Hills. 15; Rep. Soucy, Hills. 34

 

COMMITTEE:\tTransportation

 

-----------------------------------------------------------------

 

ANALYSIS

 

\tThis bill requires that drivers’ licenses and nondriver identification cards comply with Public Law 109-13 unless noncompliance is requested by the applicant.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2892

\t03/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the form of drivers' licenses and identification cards.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Preamble and Statement of Intent.  The general court finds that:

\t\tI.  In 2007, New Hampshire enacted HB 685, which prohibited the New Hampshire department of safety from sharing motor vehicle records data with the federal government unless authorized by New Hampshire statute.

\t\tII.  Since passage of HB 685, the federal government has granted waivers for New Hampshire identifications to be accepted for entry into secure federal facilities and to travel on airplanes.

\t\tIII.  In 2015, the Department of Homeland Security informed the state of New Hampshire that New Hampshire issued identifications would no longer be accepted for entry into federal buildings and that there is not adequate justification to extend New Hampshire's waiver beyond July 1, 2016.

\t\tIV.  Failing to offer a compliant New Hampshire identification option is an undue burden on our people and businesses and we must act to ensure New Hampshire retains control of its data and will continue to protect the private information of our citizens while also not requiring Granite Staters to obtain a federal passport in order to enter secure facilities or to travel on airplanes.

\t\tV.  That the purpose of this act is to give Granite Staters the choice to obtain a license or identification card that is compliant with federal requirements for acceptance in certain facilities, or to instead receive a driver's license that will only remain acceptable for state use.  Furthermore, this act will ensure that New Hampshire retains control of its data and will continue to protect the private information of our citizens while also not requiring Granite Staters to obtain a federal passport in order to enter secure facilities or to travel on airplanes.

\t2  Identification Cards.  Amend RSA 260:21, III to read as follows:

\t\tIII.(a)  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.”

\t\t\t(b)  The identification card shall bear an approved security marking indicating that it was issued in compliance with Public Law 109-13, unless the applicant chooses not to have his or her social security number or image retained by the department, in which case the identification card shall state that it is not acceptable for official federal purposes and shall incorporate a design or color clearly distinguishing it from a compliant identification card.

\t3  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.

\t\tII.  The license shall bear an approved security marking indicating that it was issued in compliance with Public Law 109-13, unless the applicant chooses not to have his or her social security number or image retained by the department, as provided in RSA 263:40-a, in which case the license shall state that it is not acceptable for official federal purposes and shall incorporate a design or color clearly distinguishing it from a compliant license.

\t4  New Subparagraph; Application Form Options.  Amend RSA 263:40-a, I by inserting after subparagraph (c) the following new subparagraph:

\t\t\t(d)  The application form shall include the following language:  “If you choose not to have your social security number or computerized image retained by the department of safety, in the future you will not be able to use your driver’s license as identification when boarding a plane or entering some federal buildings.  A valid passport may be used as an alternative.”

\t5  Repeal.  2007, 243, as amended by 2010, 372:1, relative to prohibiting participation in a national identification card system, is repealed.

\t6  Effective Date.  This act shall take effect January 1, 2017.

 

\t\t\t\t\t\t\t\t\t\t\tLBAO

\t\t\t\t\t\t\t\t\t\t\t16-2892

\t\t\t\t\t\t\t\t\t\t\t12/16/15

 

SB 520-FN- FISCAL NOTE

 

AN ACT\trelative to the form of drivers' licenses and identification cards.

 

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2016 through 2020.