Senate Greenlights NH SB13: Controversial Bill Targeting Undocumented Immigrant Licenses Approved by Originating Chamber

Senate Greenlights NH SB13: Controversial Bill Targeting Undocumented Immigrant Licenses Approved by Originating Chamber

LegiEquity Blog Team
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NH SB13 Passes Senate, Focus Shifts to House

New Hampshire's Senate has given its approval to SB13, a bill aimed squarely at invalidating specific types of out-of-state driver's licenses – those issued exclusively to undocumented immigrants. Sponsored primarily by Senator William Gannon (R-District 23) and a cohort of Republican colleagues, the bill cleared the Senate chamber on January 30, 2025, and now heads to the House of Representatives for consideration.

The Purpose: Closing a Perceived Loophole

SB13 seeks to amend New Hampshire's existing driver's license laws (RSA 263:1) by adding a new paragraph. This addition explicitly states that any driver's license issued by another state exclusively to individuals unable to prove lawful presence in the United States is invalid for operating a motor vehicle within New Hampshire. The bill targets licenses that are either unique to undocumented immigrants or standard licenses bearing distinct markings indicating the holder's immigration status.

The proposed legislation mandates the New Hampshire Department of Safety to maintain and annually update a public list on its website detailing which specific out-of-state license classes are considered invalid under this law. States included on this list would have recourse to petition for removal if they can demonstrate their licenses are not issued exclusively to undocumented individuals.

Importantly, the bill includes a provision stating that law enforcement cannot initiate a traffic stop solely on the suspicion that a driver holds one of these invalidated licenses. However, if a driver is stopped for another reason and found to possess such a license, they would face penalties: a violation for the first offense and a Class B misdemeanor for subsequent offenses.

A Partisan Journey Through the Senate

The legislative path of SB13 through the Senate highlights a clear partisan divide. Introduced formally on January 8, 2025, it was referred to the powerful Senate Judiciary Committee (LegiEquity Power Score: 75.0). After a public hearing on January 23rd, the committee narrowly recommended the bill 'Ought to Pass with Amendment' on January 28th, with a tight 3-2 vote, signaling the contentious nature of the proposal even at the committee level.

On January 30th, the full Senate took up the bill. An amendment (#2025-0144s) was adopted via voice vote, and the amended bill subsequently passed by a vote of 15 Yeas to 8 Nays, with 1 Senator absent. This 15-8 split strongly suggests the vote fell along party lines, aligning with the bill's lack of bipartisan support. All sponsors listed are Republicans, further underscoring the partisan backing.

Having been approved ('Engrossed') by its originating chamber, the bill was referred to the House Transportation Committee (LegiEquity Power Score: 70.0 meaning this committee successfully passes its policies) on March 28, 2025, where its fate now rests.

LegiEquity Analysis: High Potential for Disparate Impact

LegiEquity's analysis flags SB13 with a significant 80% Overall Bias score (High Confidence). This suggests the bill, if enacted, is highly likely to have disproportionate negative impacts on specific demographic groups. The breakdown reveals particularly high bias scores concerning:

  • Race: 80% overall bias, with specific impacts noted for Asian/Pacific Islander (AP: 80% Bias) and Latinx (LX: 90% Bias) communities.
  • Age: 70% overall bias, with a 70% bias score for Adults (AD).

These scores indicate that the practical effect of invalidating these specific licenses would fall heavily on immigrant communities, particularly those of Latinx and Asian descent, who are more likely to reside in states offering such licenses and may travel to or through New Hampshire for work, family, or other reasons. While the bill targets documentation status, the LegiEquity analysis highlights that the consequences are likely to be felt most acutely along racial lines. Denying the validity of a driver's license restricts mobility, impacting access to employment, healthcare, education, and basic necessities, thus potentially exacerbating existing inequalities.

Sponsors, Committees, and Context

The primary sponsor, Senator William Gannon (R), holds a moderate LegiEquity Effectiveness Score of 30.0. However, the bill boasts numerous co-sponsors, several with higher effectiveness ratings, such as Sen. Ruth Ward (50.0) and Rep. Kenneth Weyler (40.0), indicating a solid base of support within the Republican caucus.

The bill's passage through the influential Senate Judiciary Committee, despite the close vote, was a critical step. Its current placement in the House Transportation Committee puts it under the purview of another significant body.

SB13 enters a complex national landscape regarding immigration and identification. Several states, including neighboring Massachusetts, Vermont, and Connecticut, as well as others like New York and California, have enacted laws allowing undocumented immigrants to obtain driver's licenses. These policies are often framed around increasing road safety (licensed and insured drivers), boosting state revenue, and acknowledging the economic contributions of immigrants. SB13 positions New Hampshire directly counter to this trend, aligning it with states prioritizing immigration enforcement concerns over potential benefits of licensing undocumented drivers.

The bill also amends RSA 263:77, related to the Driver's License Compact, to carve out an exception for these specific licenses, attempting to preemptively address potential conflicts regarding interstate license recognition.

What's Next?

SB13 faces its next test in the New Hampshire House Transportation Committee. Debates are likely to revisit arguments heard in the Senate: proponents emphasizing adherence to federal immigration law and security concerns, while opponents highlight potential negative impacts on road safety (discouraging licensing and insurance), economic consequences for individuals and the state, and the significant disparate impact on minority communities as identified by LegiEquity's analysis.

The journey of SB13 is far from over, and its progression through the House will be closely watched by advocates on all sides of the immigration debate in the Granite State.


LegiEquity analyzes proposed legislation to determine its potential impact on various demographic groups. Our goal is to provide objective insights into how laws may affect different communities.

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