SB 13-FN - AS AMENDED BY THE HOUSE
01/30/2025 0144s
22May2025... 1934h
2025 SESSION
25-0219
11/06
SENATE BILL 13-FN
SPONSORS: Sen. Gannon, Dist 23; Sen. Lang, Dist 2; Sen. Innis, Dist 7; Sen. Ward, Dist 8; Sen. Sullivan, Dist 18; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Rochefort, Dist 1; Sen. Murphy, Dist 16; Rep. Weyler, Rock. 14; Rep. Vose, Rock. 5; Rep. L. Walsh, Rock. 15
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill invalidates out-of-state driver's licenses issued specifically to undocumented immigrants, and prohibits the director of the department of motor vehicles from issuing or renewing a driver's license for a person with a pending asylum claim, notwithstanding employment authorization.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/30/2025 0144s
22May2025... 1934h 25-0219
11/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Driver's License Penalty; Undocumented Immigrants; Invalid License. Amend RSA 263:1 by inserting after paragraph III the following new paragraph:
IV. If a driver’s license is of a class of licenses issued by another state exclusively to undocumented immigrants who are unable to prove lawful presence in the United States when the licenses are issued, the driver’s license, or other permit purporting to authorize the holder to operate a motor vehicle on public roadways, is invalid in this state and does not authorize the holder to operate a motor vehicle in this state. Such classes of licenses include licenses that are issued exclusively to undocumented immigrants or licenses that are substantially the same as licenses issued to citizens, residents, or those lawfully present in the United States but have markings establishing that the license holder is not lawfully present in the United States.
(a) Law enforcement officers or other authorized representatives of the department shall not initiate a traffic stop solely on suspicion of a violation of RSA 263:1, IV.
(b) The department, to facilitate the enforcement of this paragraph and to aid in providing notice to the public and visitors of invalid licenses, shall maintain on its website a list of out-of-state classes of driver's licenses that are invalid in this state. The department shall update this list no later than annually. Any state on this list may contact the department to have themselves removed from the list if the state can demonstrate in that state’s laws or regulations that the type of license listed on the department’s website is not issued exclusively to undocumented immigrants.
(c) Any person in violation of this statute shall be guilty of a violation. For a second or subsequent offense, the person shall be guilty of a class B misdemeanor.
2 Driver's License Compact; Undocumented Foreign State Licenses Invalid. Amend RSA 263:77, I(b)(2) to read as follows:
(2) Except as specified in RSA 263:1, IV, [Make] make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
3 New Paragraph; Driver's License Renewal:Pending Asylum Cases; Amend RSA 263:10 by inserting after paragraph II the following new paragraph:
III. The department shall not renew a driver's license for a person with a pending asylum claim, regardless of a previous or current grant of work authorization.
4 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.
5 Effective Date. This act shall take effect 60 days after its passage.
25-0219
2/7/25
SB 13-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2025-0144s)
AN ACT invalidating out-of-state driver's licenses issued to undocumented immigrants.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
The Department of Safety states any impact to the Division of Motor Vehicles to administer this bill would be absorbed within its normal, routine operating budget levels.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, Department of Safety, New Hampshire Association of Counties, and New Hampshire Municipal Association