HB397 (2020) Detail

Relative to drivers' licenses for New Hampshire residents who do not possess a social security card.


HB 397-FN - AS AMENDED BY THE HOUSE

 

20Mar2019... 0650h

2019 SESSION

19-0412

11/04

 

HOUSE BILL 397-FN

 

AN ACT relative to drivers' licenses for New Hampshire residents who do not possess a social security card.

 

SPONSORS: Rep. Sykes, Graf. 13; Rep. Mangipudi, Hills. 35; Rep. King, Hills. 33; Rep. Harriott-Gathright, Hills. 36; Rep. Espitia, Hills. 31; Rep. Grassie, Straf. 11; Sen. Watters, Dist 4

 

COMMITTEE: Transportation

 

─────────────────────────────────────────────────────────────────

 

ANALYSIS

 

This bill authorizes the issuance of drivers' licenses for residents of New Hampshire who do not possess a social security card.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Mar2019... 0650h 19-0412

11/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to drivers' licenses for New Hampshire residents who do not possess a social security card.

 

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

 

1  New Section; License for New Hampshire Residents Not Using a Social Security Number for Identification.  Amend RSA 263 by inserting after section 39-a the following new section:

263:39-b  License for New Hampshire Residents Not Using a Social Security Number for Identification.

I.  The director may issue a driver's license, in compliance with the REAL ID Act of 2005, Public Law 109-13, and its implementing regulations, including not limited to 6 C.F.R. part 37, or RSA 263:40, I, to a resident, who satisfies the residency requirement set forth in RSA 263:5-e and who meets all other requirements in RSA 263:6-a through RSA 263:6-d.

II.  In lieu of producing a social security card or number, a resident may prove his or her identity and age to the director by producing reliable official documentation of 2 forms of identification, including at least one containing a photograph of the resident, with a certified English translation if the original is in a language other than English, such as:

(a)  An original or certified copy of the resident's birth certificate.

(b)  The resident's federal individual tax identification number (ITIN).

(c)  A photo identification issued by the armed forces or the New Hampshire national guard.

(d)  The resident's medical insurance card, or documentation of medical insurance coverage or eligibility that contains an identification number.

(e)  The resident's selective service card.

(f)  The resident's current or expired alien registration card, employment authorization card, temporary resident card, or any other document issued by the United States Citizenship and Immigration Service.

(g)  A completed and approved form I-246, Stay of Removal Application, issued by the United States Immigration and Customs Enforcement.

(h)  A consular report of birth abroad issued by the United States Department of State, Form FS-240, DS-1350, or FS-545.

(i)  A valid passport issued by the resident's country of birth.

(j)  An identification card issued by the consulate or embassy of the applicant's country of birth.

(k)  Any other documentation issued by the government of the applicant's country of birth.

III.  The fee for a first-time application under this section shall be $150, and the fee for a renewal application under this section shall be $100.

IV.  Any driver's license issued under this section shall not be considered evidence of any individual's immigration status in the United States.

V.  No person shall share or distribute information submitted by applicants pursuant to this section to any government agency or official, except as authorized in RSA 260:14 or unless pursuant to a validly executed warrant issued by a state or federal judge.  Any person who fails to comply with this paragraph shall be guilty of a class B misdemeanor.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

19-0412

Amended 3/28/19

 

HB 397-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0650h)

 

AN ACT relative to drivers' licenses for New Hampshire residents who do not possess a social security card.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Other - *Restricted Cost of Collections

*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

LOCAL:

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill authorizes the issuance of a driver’s license, under the requirements of the REAL ID Act of 2005, Public Law 109-13, for residents not producing a social security card or number. This bill requires applicants to pay $150 for an initial license and $100 for a renewal license. Additionally, this bill makes any person unlawfully sharing information obtained during the application process described in this bill to be guilty of a class B misdemeanor.

 

The Department of Safety is unable to predict the number of applications which will be submitted in accordance to this bill, if any.  Therefore, this bill will impact state and local revenues and state expenditures by an indeterminable amount.  The Department assumes the current driver’s license format would be utilized and will not increase expenditures.  However, the Department does anticipate costs associated with drafting of administrative rules, staff training, and oversight functions in the form of auditing an additional process.

 

Fees under the provisions in this bill would increase the highway fund and also local highway aid, which is at least 12 percent of motor vehicle revenue collected in the previous year.  

 

This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2020

FY 2021

Class B Misdemeanor

$53

$54

Simple Criminal Case

$296

$301

Appeals

Varies

Varies

 

 

 

It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

 

 

FY 2018 Average Cost of Incarcerating an Individual

$40,615

$40,615

FY 2018 Annual Marginal Cost of a General Population Inmate

$4,620

$4,620

FY 2018 Average Cost of Supervising an Individual on Parole/Probation

$571

$571

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

Department of Safety, Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties

 

Links

HB397 at GenCourtMobile
HB397 Discussion

Action Dates

Date Body Type
March 6, 2019 House Hearing
March 11, 2019 House Exec Session
March 19, 2019 House Floor Vote
April 23, 2019 Senate Hearing
Senate Floor Vote
Jan. 8, 2020 Senate Floor Vote

Bill Text Revisions

HB397 Revision: 7449 Date: April 1, 2019, 12:16 p.m.
HB397 Revision: 7450 Date: Jan. 7, 2019, 3:44 p.m.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Transportation HJ 3 P. 12
March 6, 2019 Public Hearing: 03/06/2019 11:00 am LOB 201-203
March 11, 2019 Executive Session: 03/11/2019 10:00 am LOB 203
March 19, 2019 Majority Committee Report: Ought to Pass with Amendment # 2019-0650h for 03/19/2019 (Vote 11-7; RC) HC 16 P. 36
Minority Committee Report: Inexpedient to Legislate
March 20, 2019 Amendment # 2019-0650h: AA VV 03/20/2019 HJ 11 P. 50
March 20, 2019 Lay on Table (Rep. Packard): MF RC 139-201 03/20/2019 HJ 11 P. 51
March 20, 2019 Ought to Pass with Amendment 2019-0650h: MA RC 204-137 03/20/2019 HJ 11 P. 50
March 28, 2019 Introduced 03/28/2019 and Referred to Transportation; SJ 12
April 23, 2019 Hearing: 04/23/2019, Room 103, LOB, 01:30 pm; SC 18
May 15, 2019 Committee Report: Rereferred to Committee, 05/15/2019; SC 22
May 15, 2019 Rereferred to Committee, RC 16Y-8N, MA; 05/15/2019; SJ 16
Jan. 8, 2020 Committee Report: Ought to Pass with Amendment # 2019-2800s, 01/08/2020; SC 47
Committee Report: Ought to Pass with Amendment # 2019-2800s
Jan. 8, 2020 Sen. Watters Moved Laid on Table, RC 23Y-1N, MA; 01/08/2020; SJ 1
Jan. 8, 2020 Pending Motion Committee Amendment # 2019-2800s; 01/08/2020; SJ 1