HB 1549’s official title is “AN ACT prohibiting the use of motor vehicle records for any federal identification database.”
There were three changes to RSA 260:14
- III. Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph. No records made available under this section shall be used, directly or indirectly, for any federal identification database.
- Changes the ID of a Federal form (I-151 to I-551) – NH has no control over this
- Change United States Citizenship and Naturalization Service to United States Citizenship and Immigration Services – NH has no control over this
The latter is a simple change reflecting the name change that the Feds have done to themselves. The first is basically saying – we continue to no support the REAL ID program (which NH has never agreed to participate in). See for yourself – here is the entire bill:
AN ACT prohibiting the use of motor vehicle records for any federal identification database.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Motor Vehicle Records. Amend RSA 260:14, III to read as follows:
III. Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph. No records made available under this section shall be used, directly or indirectly, for any federal identification database.
2 Employment of Illegal Aliens Prohibited. Amend RSA 275-A:4-a to read as follows:
275-A:4-a Employment of Illegal Aliens Prohibited. No employer may employ an alien whom the employer knows is not a citizen of the United States and not in possession of Form [I-151] I-551, Alien Registration Receipt Card or any other document issued by the United States Citizenship and Immigration [and Naturalization Service] Services or the Attorney General of the United States which authorizes him or her to work.
3 Effective Date. This act shall take effect 60 days after its passage.
Gov Lynch (or his speechifiers), in his veto, decided that instead of supporting this narrow, limited prohibition in participating in REAL ID-by-another-name, they decided to drag in irrelevant issues in order to beclown Gov. Lynch (hey, he has a few short months – don’t waste that time crisis!):
By the authority vested in me pursuant to part II, Article 44 of the New Hampshire Constitution, on May 23, 2012, I vetoed HB 1549.
HB 1549 when first introduced prohibited state participation in the E-Verify system for worker immigration status that has been implemented by the United States Citizenship and Immigration Service. This legislation, however, was entirely replaced
Entirely replaced? Really? Which was it, Guv, that made you veto it – the changed name of the Federal Agency, or the form?
and as now presented to me would prohibit the federal government from using or maintaining “in any federal identification database” information from New Hampshire motor vehicle records, including those available pursuant to a court order, or in response to a request from a state, the federal government, or a law enforcement agency. The bill, as passed, would prohibit the federal government from maintaining information from New Hampshire motor vehicle records for lawful public safety purposes.
What part of “Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government” is unclear? No change is being made to that – the thrust is for personal ID (think REAL ID). Lynch says “prohibited”; the bill says “ may be made available“; which of your lying eyes are you going to believe? Or does Lynch think that simply because he says so, it is so. Ah, we poor children – he must think we are all illiterate.
Ugh. Go read the bill. Then read the above snippet. Repeat. Gov. Lynch must really be BFFs with Obama – is he renting 48 acres from to creating his straw men?
I also point out, there’s more than a little hypocrisy here – how hard has Gov. Do Nuttin pushed for a photo ID for stopping voting fraud? That he doesn’t even want to do that (“show me a govt id?”) but rebukes this legislation for stopping much more “public information intrusion”? I would LOVE to hear the rationalization for this one.
Although this bill may have been well-intentioned, the New Hampshire Department of Safety believes it would have serious negative consequences for the apprehension of criminals, the recovery of stolen vehicles, and even for the prevention of terrorism and threats against the President and Vice-President of the United States. It could also impair the ability of New Hampshire’s criminal justice agencies to receive such information from federal officials because New Hampshire would not be sharing this data reciprocally with them. The Department of Safety has provided several examples of the problems this could create.
For example, if a New Hampshire citizen or visitor has their car stolen, the police will determine from the motor vehicle records the registration number, vehicle identification number and description of the vehicle and request that the State Police enter this information into the National Crime Information Center (NCIC), which is a federal identification database maintained by the FBI. A police officer anywhere in the country stopping that vehicle for any purpose will know that the vehicle is a stolen car, and if a motor vehicle department of another state is asked to title or register that vehicle, they will know that it is stolen. HB 1549 is so broadly written that it could prevent the sharing of this information.
Threats against the Prez and VP? Oh please, this is “crazy leap over the cliff” reasoning. Again, there is no prohibition on sharing that motor vehicle info – it just cannot mass uploaded or downloaded. “Case by case” means only doing it one by one. Have to look up a car? Go ahead – but just one at a time. What is so “broadly” done is the reading of and arguing against the bill.
If a minor disappears from his or her home in New Hampshire, and that minor has a driver license or non-driver identification card, the police will request that minor’s photo from the Division of Motor Vehicles and it will be entered into the database at the National Center for Missing and Exploited Children, to assist in locating the minor. This is a federal identification database.
Really, Guv? A federal DB? Glad to see that you have such GREAT fact checkers on your staff (I know, I know, but surfing the Net to check the Gov’s “foolishness as fact” would be an official part of at least the Uber-Press Flacker). Just for the heck of it, I decided to look up the biggest user of milk carton sides:
The National Center for Missing & Exploited Children
Mission and History
The National Center for Missing & Exploited Children, (NCMEC), is a private, (501)(c)(3) nonprofit organization which was created in 1984. The mission of the organization is to serve as the nation’s resource on the issues of missing and sexually exploited children. The organization provides information and resources to law enforcement, parents, children including child victims as well as other professionals.
History
The National Center for Missing & Exploited Children was born in a time of tragedy. In 1979, six year old Etan Patz disappeared from a New York street corner on his way to school and was never seen again. Twenty-nine children were abducted and murdered in Atlanta, Georgia. And in 1981 six year old Adam Walsh was abducted from a Florida shopping mall and found brutally murdered. There were others.
That took a whole 15 seconds to look up and read the right page at that site. I guess that Gov. Lynch is not a fan of “America’s Most Wanted” or he’d a known who Adam Walsh would be – or his Dad. So, what part of “a private, (501)(c)(3) nonprofit organization” is part of the Government? Or are you one of those that holds that Govt simply is the umbrella over everything in the rest of society (therefore “your database is OUR database”)??
When a person is arrested for a crime committed in New Hampshire, that person is fingerprinted by the arresting agency and the prints are forwarded to the State Police Criminal Records Unit and entered into IAFIS, the Integrated Automated Fingerprint Identification System maintained by the FBI. If the person is subsequently found innocent or the charges are dropped, the prints are destroyed. The fingerprints of convicted criminals are routinely matched up with latent fingerprints lifted at the scenes of crimes and used to convict the perpetrator of the crime. IAFIS is a federal identification database.
Take a look through that part of this section – it does not talk about DMV records – at all. As a friend of mine would say “he’s gone fishin’ and come up with only red herrings”. Last time I went to the DMV was just a short time ago – TMEW had to renew her license. Remember when the Iraqis voted – all those purple fingers? No, TMEW had no ink on hers (yeah, I know – scanner; go with me here). DMV records do not require fingerprints. So Lynch is trying to make a connection that is pure thin air.
If New Hampshire law enforcement becomes aware of a credible threat against the President or Vice-President or any candidate for those offices who is eligible for Secret Service protection, this information along with a photo, physical description and information as to vehicles owned or driven by this individual is shared with the Secret Service and if they investigate and also deem the threat to be credible, it will go into their file on the case, which could be considered a federal identification database. The same applies to sharing information with the FBI on a credible terrorist threat originating in New Hampshire.
“Case by case” – a simple reading of the present bill would knock this one down real quick. If there is a reason reason for concern, a “case” is built of AND actions are being taking on it in a active way – somebody has done something that warrants special attention. A general “ID database” is, technically, just data on tap with no actions taken. Read the bill – the “case by case” means that if some event or person warrants that special attention, it gets it. Once again, it is a difference between a single event vs watching ALL of us. Actual vs perceived potential (and we all know, just from the news, how often those databases get lost – or misused). Think of it is helping the govt keeping us safe from it from sheer stupidity, stupid bad luck – or stupid bad intent (i.e., ask Joe the Plumber what happened to him in Illinois).
These are just some examples of the real concerns that Commissioner Barthelmes and the Department of Safety have brought to my attention concerning how HB 1549, as passed, could interfere or complicate valid law enforcement efforts and public safety.
Real Concerns? Methinks more of “er, we gotta throw something up against the wall”.
New Hampshire has in place some carefully crafted restrictions on the collection or sharing of motor vehicle information,
All this bill does is one thing: to put a speed bump into the road by which NH records are uploaded to a federal ID database.
such as RSA 260:14, which governs access to motor vehicle records, and 2007 Laws Chapter 243, which prohibits New Hampshire’s participation in Real ID. Based on the concerns expressed by the Department of Safety, HB 1549 will have serious negative consequences for public safety, and would disrupt routine, time-honored law enforcement procedures. For all of these reasons, I have vetoed HB 1549.
