Revision: April 9, 2025, 10:21 a.m.
Rep. T. Walsh, Merr. 10
April 9, 2025
2025-1551h
11/09
Floor Amendment to HB 2-FN-A-LOCAL
Amend the bill by inserting after section 463 the following and renumbering the original section 464 to read as 471:
464 New Paragraph; Lawful Permanent Residency; Driver's License Renewal. Amend RSA 263:10 by inserting after paragraph II the following new paragraph:
III. The department shall not renew a driver's license for any person who is not a United States citizen and cannot prove that they are a lawful permanent resident of the United States.
465 Drivers' Licenses; Nonresident Aliens. Amend RSA 263:39-a to read as follows:
263:39-a License for Aliens Temporarily Residing in New Hampshire.
I. Notwithstanding RSA 263:40-a, the director may issue a New Hampshire driver's license to a nonresident alien 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] shall require [any of] the following:
(a) Certification from the foreign government regarding the person's driving record and licensing status[.], or proof of previous vehicle operation in the foreign country or proof of completion of an approved driver education course acceptable to the director, or written or other testing;
(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)](c) Proof of compliance with the conditions set forth in paragraph I[.]; and
[(e)](d) 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.]
II-a. A driver's license issued to a nonresident alien under this section shall not be considered valid identification of identity or residence for state voter registration or any other purpose related to local, state, or federal voting.
III. The term of the license shall be 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.
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.
466 New Section; Driver's License Issuance to Nonresident Aliens: Asylees. Amend RSA 263 by inserting after section 263:39-b the following new section:
263:39-c Driver's License Issuance to Nonresident Alien Asylees. Notwithstanding RSA 263:39-a, the commissioner shall not issue a driver's license to a person granted asylee status by United States Customs and Immigration Service (USCIS) until that person's application for adjustment of status to be a lawful permanent resident of the United States has been granted, regardless of any prior employment authorization.
467 New Paragraph; Form of License; Nonresident Aliens. Amend RSA 263:40 by inserting after paragraph III the following new paragraph:
IV. Nonresident alien drivers' licenses issued pursuant to RSA 263:39-a shall bear the name, address, date of birth, gender indicated as "M" for "male," "F" for "female," or "X" for "other," organ donor status (optional), picture, and signature of the applicant. The driver's license card shall bear a marking indicating that it is a nonresident alien driver's license.
468 Effective Date. Sections 464-467 shall take effect 60 days after its passage.
469 New Section; Language Requirements for Driver's License Examination and Examination-Related Materials. Amend RSA 263 by inserting after section 263:6-d the following new section:
263:6-e Language Requirements for Driver's License Examination and Examination-Related Materials.
I. All driver's license examinations and examination-related materials, whether in print or available digitally, shall be displayed or otherwise distributed in the English language only, except that American Sign Language shall be used for individuals who communicate using sign language.
II. The department of safety shall deny any and all requests, regardless of circumstance, for an examination in a language other than English or American Sign Language. A person required to take any examination as a condition for license renewal or reinstatement shall be required to take the examination in English or American Sign Language.
III. The commissioner of the department of safety and the director of the division of motor vehicles shall not acquire any digitally produced or printed material described in paragraph I of this section that is in any language other than English or American Sign Language, notwithstanding contractual agreements made prior to the effective date of this section.
IV. Any surplus non-English or non-American Sign Language examination or examination-related material remaining or existing in the possession of the division of motor vehicles after the effective date of this section shall not be distributed or displayed for any reason.
V.(a) No person may take any portion of a driver's license examination with the assistance of:
(1) An in-person translator.
(2) A mobile translation application on a personal electronic device.
(3) A translation computer program or translation software application on a desktop computer, laptop computer, or tablet.
(4) Any other device distributed to a non-English or non-American Sign Language speaker to assist that person with the translation of English or American Sign Language.
(b) Devices used to aid a person with hearing or seeing the English language or seeing American Sign Language shall be permitted.
VI. The department of safety shall adopt rules in accordance with RSA 541-A regarding this section.
470 Effective Date. Section 469 shall take effect January 1, 2026.
2025-1551h
AMENDED ANALYSIS
ADD:
190. Further delineates requirements regarding issuance and renewal of nonresident alien drivers' licenses.
191. Requires all printed and digitally available driver's license examination-related materials, including the examination itself, be available and administered in the English language only, and prohibits in-person or electronic translation assistance.