HB 656-FN – AS INTRODUCED
2007 SESSION
03/09
HOUSE BILL 656-FN
AN ACT relative to the issuance of identification cards to individuals who lack the ability to obtain a nondriver’s picture identification card.
SPONSORS: Rep. D. Smith, Hills 22; Rep. Almy, Graf 11; Rep. L'Heureux, Hills 19; Rep. Velez, Hills 12; Sen. Sgambati, Dist 4
This bill establishes special identification cards for individuals who lack the ability to obtain a nondriver’s picture identification card.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0086
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the issuance of identification cards to individuals who lack the ability to obtain a nondriver’s picture identification card.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Special Identification Cards. Amend RSA 260 by inserting after section 21 the following new section:
260:21-a Special Identification Cards.
I. The department shall issue a special identification card to any person who is unable to provide sufficient proof to obtain an identification card under RSA 260:21 but meets the requirements of this section.
II. The applicant shall provide the department with a notarized affidavit of a law enforcement officer attesting to the applicant’s identity. It shall be the duty of every law enforcement officer in the state to execute such an affidavit upon request if the requester is personally known to the officer or if the requester presents the officer with a letter from any recognized member of the community who is known to have authority in dealing with the homeless, including directors of shelters and other care giving agencies and members of the clergy. It shall also be the duty of the law enforcement officer, upon request, to transport the applicant to an appropriate department location to obtain a special identification card.
III. The department shall maintain records of all special identification cards issued and shall retain in its records all affidavits submitted pursuant to this section.
IV. The special identification card shall contain the applicant’s photograph, name, signature, and date of birth. The card shall also contain an address, if possible, or a physical location or the name of a person in whose care the applicant may be located; the address, location, or named person must be in New Hampshire.
V. The special identification card shall expire on the applicant’s birthday and shall be valid for at least 12 but no more than 24 months. There shall be no fee for the original special identification cards. A special identification card may be renewed for one-year terms at a cost of $10 per renewal.
VI. Any fraud, misuse, or misrepresentation in the application for or use of a special identification card issued under this section is a class B misdemeanor.
VII. Issuing a special identification card pursuant to this section shall not place upon the state, or any agency thereof, any liability for the misuse thereof. The acceptance of a special identification card as valid identification is a matter left entirely to the discretion of any person to whom such card is presented.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
07-0086
Revised 03/02/07
HB 656 FISCAL NOTE
AN ACT relative to the issuance of identification cards to individuals who lack the ability to obtain a nondriver’s picture identification card.
FISCAL IMPACT:
The Department of Safety has determined this bill may increase highway fund and local revenue and may increase highway fund, county and local expenditures by an indeterminable amount in fiscal year 2008 and each year thereafter. The Department of Justice and Judicial Branch have determined this bill may increase state general fund expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on county revenue.
METHODOLOGY:
The Department of Safety states this bill requires the Department to issue special identification cards to individuals who lack the ability to obtain a non-driver’s picture identification card. This bill imposes a duty on all law enforcement officers in the state to execute an affidavit attesting to the identity of the applicant upon request of the applicant under certain circumstances and also to transport the applicant to an appropriate department location to obtain the identification card. Such identification cards would be provided at no charge. The identification cards expire on the applicant’s birthday and are valid for at least 12, but not more than 24, months, at which time they may be renewed for a fee of $10. The Department is unable to estimate the overall increase in highway fund revenue and highway fund, county and local expenditures because it is unable to determine how many individuals would be issued these special ID cards, how many individuals would request transportation, from which government’s law enforcement officers this request would be made, and how much this transportation would cost. The cost of a card blank is currently $1.51 and could possibly increase under a new contract for an upgraded licensing system. The Department, however, is able to estimate the costs of a few components of this legislation. The cost of designing the card, adding programming to print the card, and adding the flexibility to change the expiration dates between 12 and 24 months, is estimated at approximately $53,000. The Department also estimates 200 hours of computer programming changes to the current system will be required to implement the new ID program at a cost of $150 per hour, a total cost of $30,000. The Department states it would need an additional cash terminal operator I at labor grade 11 with benefits at 48.3%. Other expenses associated with this additional position are estimated to be current expenses of $2,000 and equipment of $300. The Department assumes costs other than the salary, benefits, and current expenses for the cash terminal operator I are one time costs incurred in fiscal year 2008. The estimated increases in highway fund expenditures are calculated as follows:
FY 2008 |
FY 2009 |
FY 2010 |
FY 2011 | |
System Changes |
$53,000 |
- |
- |
- |
Programming |
$30,000 |
- |
- |
- |
Cash Terminal Operator |
||||
Salary |
$22,445 |
$23,303 |
$24,200 |
$25,233 |
Benefits |
$10,841 |
$11,255 |
$11,689 |
$12,188 |
Current Expenses |
$2,000 |
$2,000 |
$2,000 |
$2,000 |
Equipment |
$300 |
- |
- | |
Total Highway Fund Exp. |
$118,586 |
$36,558 |
$37,889 |
$39,421 |
Highway fund expenditures and local revenue will increase by 12% of the increase in highway fund revenue for local highway aid.
The Department of Justice states this bill imposes certain duties on law enforcement officers. To the extent the Department employs law enforcement officers, there would be a fiscal impact on expenditures arising out of the duty of these officers to execute affidavits and provide transportation to applicants. The Department is unable to estimate how many of such requests might be presented to it and the cost of such requests. The Department also states this law establishes a class B misdemeanor offense. Misdemeanor offenses are typically prosecuted by local prosecutors and county attorneys. However, all criminal appeals to the state Supreme Court, even those initially handled at the local and county level, are handled by the Department. It is not possible to estimate how many cases will result from this bill and of those how many will result in appeals to the Supreme Court, therefore the fiscal impact on expenditures cannot be determined.
The Judicial Branch states this bill establishes a class B misdemeanor level offense. The Branch calculates the judicial and clerical cost of a class B misdemeanor at $37 per charge using current salary levels. There is also the potential for appeals, resulting in additional costs. The Branch is unable to predict the number of prosecutions that will be brought pursuant to the proposed statute and therefore cannot determine the fiscal impact on expenditures.
The Judicial Council states that there is no fiscal impact on the indigent defense fund, as there is no right to council for a class B misdemeanor.