SB358: relative to invalidating out-of-state driver's licenses issued to undocumented immigrants.

SB 358-FN - AS INTRODUCED

2024 SESSION

24-2827

12/10

SENATE BILL 358-FN

AN ACT relative to invalidating out-of-state driver's licenses issued to undocumented immigrants.

SPONSORS: Sen. Gannon, Dist 23; Sen. Gendreau, Dist 1; Sen. Ward, Dist 8; Sen. Lang, Dist 2; Sen. Murphy, Dist 16; Sen. Avard, Dist 12; Sen. Ricciardi, Dist 9; Sen. Innis, Dist 7; Rep. Hobson, Rock. 14; Rep. Piemonte, Rock. 9

COMMITTEE: Judiciary

ANALYSIS

This bill invalidates out-of-state driver's licenses issued specifically to undocumented immigrants.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2827

12/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to invalidating out-of-state driver's licenses issued to undocumented immigrants.

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

1 New Paragraph; Drivers License Penalty; Invalidate Undocumented Immigrants. Amend RSA 263:1 by inserting after paragraph III. the following new paragraph:

IV. Any person who holds a driver license that 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 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 did not exercise the option of providing proof of lawful presence.

(a) Any person who drives a motor vehicle in this state holding a driver license that is of a class of licenses described in paragraph IV shall be guilty of a class B misdemeanor.

(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 licenses that are invalid in this state.

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

LBA

24-2827

12/4/23

SB 358-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to invalidating out of state driver's licenses issued to undocumented immigrants.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Department of Safety Costs -

$53,000+ in FY 2025, $64,000 in FY 2026, and $66,000 in FY 2025

Costs Relative to Misdemeanor Established -

Indeterminable

Funding Source

General Fund, Restricted - Highway Fund Cost of Collections - Per the state constitution, costs associated with the collection/administration of highway fund revenue by the Department of Safety is deducted prior to funds being credited as unrestricted highway fund revenue.

Appropriations

$0

$0

$0

$0

Funding Source

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] No

• Does this bill authorize new positions to implement this bill? [X] No

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill prohibits undocumented immigrants that were issued a license in a state that allows them to obtain a license from driving in New Hampshire, establishing a class B misdemeanor, and requires the Division of Motor Vehicles to keep an updated list on their website of out of state class licenses that are invalid in this State. The Department of Safety states one (1) new position (cash terminal operator I, labor grade 11) would be needed to research and keep list of invalid license classes up to date. Based on a September 1, 2024, start date, this position is estimated to cost approximately $53,000 in FY 2025, $64,000 in FY 2026, and $66,000 in FY 2027. This bill provides neither authorization nor appropriation for new personnel. The Department adds there may be additional costs in FY 2025 relative to necessary system updates to reflect the provisions of this bill.

This bill also 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

AGENCIES CONTACTED:

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