Governor Hassan's Statement on Senate Transportation Committee Rejecting Bill to Give New Hampshire Residents Choice on Drivers' Licenses

Press Release

Following a vote yesterday by the Senate Transportation Committee to recommend killing Senate Bill 262, legislation that would give New Hampshire residents a choice whether to obtain a federally accepted driver's license or other identification card, Governor Maggie Hassan directed the Division of Motor Vehicles to begin notifying applicants for new licenses and license renewals that their New Hampshire driver's license may not be accepted at some federal buildings, and may not be accepted for air travel as early as 2016.

In addition, Governor Hassan also today wrote New Hampshire's Congressional Delegation urging them to seek further extensions for New Hampshire under the federal secure identification law, known as REAL ID.

The federal government notified New Hampshire in late November that it would begin implementing the federal REAL ID law on a rolling basis and that New Hampshire identifications would not be accepted. After discussions with the leadership of the House and the Senate, Governor Hassan and the Department of Safety worked with Senator Donna Soucy to introduce legislation that would give New Hampshire residents the choice of whether or not to get a federally accepted license.

"This common-sense legislation would give Granite Staters the choice to obtain a license or identification card that is compliant with federal requirements for acceptance in certain facilities, or to instead receive a driver's license that will only remain acceptable for state use," Governor Hassan said. "I certainly understand the Senate Transportation Committee's hope that the federal government is just crying 'wolf,' but given the potential consequences to New Hampshire citizens, it is important that we make sure that they have all of the information. Therefore, I have asked the Division of Motor Vehicles to begin notifying applicants for new license and license renewals that their New Hampshire driver's license may not be accepted at federal buildings and, beginning as early as 2016, may not be accepted for travel on airplanes."

Under current law, New Hampshire driver's licenses are not compliant with federal requirements and may not be accepted for entrance into federally secure facilities, such as the Seabrook Nuclear Power Plant, federal buildings, and -- no sooner than 2016 -- may not be accepted for travel on airplanes. Senate Bill 262 would give New Hampshire residents the option to obtain a driver's license or other identification card that will be accepted for entrance into these facilities, or to not obtain such a license and receive one that is just acceptable for state use. Without this legislation, New Hampshire residents could be required to obtain a federal passport in order to enter secure facilities or to travel on airplanes.

New Hampshire licenses and identification cards had been accepted for use at certain federal facilities under an extension waiver from the U.S. Department of Homeland Security (DHS), but DHS indicated in a letter last November that there was not adequate justification for another extension and beginning in January of this year, federal agencies may not accept New Hampshire licenses and other identification cards for official purposes.

Governor Hassan also submitted a letter in support of Senate Bill 262 to the Senate Transportation Committee.

The letter from DHS and a list of identification provisions with which New Hampshire is compliant and non-compliant are attached. For more information on the DHS enforcement schedule, visit http://www.dhs.gov/real-id-public-faqs.

The federal government has issued the following schedule for phased-in enforcement:

Phase 1: Restricted areas (i.e., areas accessible by agency personnel, contractors, and their guests) for DHS headquarters in Washington -- April 21, 2014

Phase 2: Restricted areas for all Federal facilities & nuclear power plants -- July 21, 2014

Phase 3: Semi-restricted areas (i.e., areas available to the general public but subject to ID-based access control) for most Federal facilities --January 19, 2015

3a: Facility Security Levels 1 and 2 --January 19, 2015

3b: Facility Security Levels 3, 4, and 5, and military facilities October 10, 2015

Phase 4: Boarding federally regulated commercial aircraft

A driver's license or identification card from a noncompliant state may only be used in conjunction with a second form of ID for boarding federally regulated commercial aircraft no sooner than 2016.

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