N.H. Senate Backs REAL ID Ban

Today the NH State Senate voted to pass HB685, which would opt New Hampshire out of the Federal "Real-ID" system.

A similar bill came close to passing last year, amid anti-Real-ID protests organized by Free-Staters. The bill passed overwhelmingly in the House of Representatives. It now goes to Governor Lynch for signing into law; he has stated on numerous occasions that he would sign if it came to his desk.

The bill had several co-sponsors in both major parties; among them was Rep. Winters, himself a Free-Stater! New Hampshire's bill appears to be the strongest among the states that have passed similar legislation. It flatly refuses Real-ID. No amount of Federal dollars will fix the problem. Moreover, New Hampshire will not comply with any national identification card, period.

The bill states in part (emphases added):

I. The general court finds that the public policy established by Congress in the Real ID Act of 2005, Public Law 109-13, is contrary and repugnant to Articles 1 through 10 of the New Hampshire constitution as well as Amendments 4 though 10 of the Constitution for the United States of America. Therefore, the state of New Hampshire shall not participate in any driver's license program pursuant to the Real ID Act of 2005 or in any national identification card system that may follow therefrom.

II. The department of safety shall not amend procedures for applying for a driver's license under RSA 263 or an identification card under RSA 260:21 in order to comply with the goals or standards set forth in the Real ID Act of 2005, or in any rules or regulations promulgated thereunder, or in any requirements adopted by the American Association of Motor Vehicle Administrators for such purposes.

III. The department of safety shall not expand the motor vehicle records data it shares with other states, the federal government, or other agencies, or provide motor vehicle records data to any additional states or state or federal agencies unless authorized by statute.