HB 420-FN - AS INTRODUCED
2015 SESSION
15-0122
03/05
HOUSE BILL 420-FN
AN ACT relative to limited driving privileges after revocation for certain financial obligations.
SPONSORS: Rep. Oligny, Rock 34; Rep. Pantelakos, Rock 25; Rep. Flanagan, Hills 26; Rep. K. Rice, Hills 37; Rep. P. Schmidt, Straf 19; Rep. Abrami, Rock 19; Rep. Welch, Rock 13; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19
This bill authorizes limited driving privileges for eligible child support obligors to facilitate employment.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0122
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to limited driving privileges after revocation for certain financial obligations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Limited Driving Privilege After Revocation. Amend RSA 263 by inserting after section 57-b the following new section:
263:57-c Limited Driving Privilege After Revocation for Financial Obligations.
I. Notwithstanding any provision of law to the contrary, if a person’s license is revoked under RSA 161-B:11, he or she may petition the court or the department for a restoration of his or her operator’s license with limited driving privileges. To qualify for consideration, the person shall submit an application that demonstrates the need for the license. Satisfactory evidence of at least one of the following shall be presented:
(a) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment.
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
II. A license restored under this section shall limit the person’s driving privileges:
(a) To the times, places, and days determined to be necessary for employment.
(b) To times, places, and days that are specifically stated.
III. A license restored under this section shall expire not more than 6 months from the date of restoration and may be extended by the court or the department.
IV. A violation of this section or the terms of the license restored under this section shall be considered a violation of RSA 263:64 and the license shall be revoked.
V. The court and the department may recover any costs necessary for the administration of this section from the petitioner.
2 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0122
01/07/15
HB 420-FN - FISCAL NOTE
AN ACT relative to limited driving privileges after revocation for certain financial obligations.
FISCAL IMPACT:
The Department of Safety and Judicial Branch state this bill, as introduced, will have an indeterminable fiscal impact on state revenues and expenditures in FY 2016 and in each year thereafter. There will be no fiscal impact on county or local revenues and expenditures.
METHODOLOGY:
The Department of Safety states this bill authorizes the restoration of limited driving privileges after revocation for eligible child support obligors that need to operate a motor vehicle to facilitate employment. To obtain restoration, the offender must file a petition for restoration in either the District Division of the Circuit Court or with the Department. The Department states there will be an increase in state highway fund expenditures of $27,500 in FY 2016 to pay for programming changes to its VISION and eTicketing tables and to modify its Uniform Fine Schedule and Plea By Mail form. The Department reports state highway funds are not expected to increase as a result of this bill because there is no associated fee for the limited driving privilege. Further, the Department indicates that if the intent of the bill is to establish “pre-set” fines for each violation, it appears these violations could be handled by the Plea By Mail process.
The Judicial Branch states the impact on general fund expenditures is indeterminable because it does not have information that can be used to estimate how many additional violation level offenses will result from the proposed bill. The Branch estimates the cost to process a petition will be $48.47 in FY 2016 and $50.63 in FY 2017. Further, the Branch estimates the cost to process a violation offense, from additional driving after revocation offenses pursuant to RSA 263:64, will be $46.86 in FY 2016 and $49.01 in FY 2017. Any appeals will result in an increase in expenditures. All costs are estimated based on studies of judicial and clerical weighted caseload times that are more than nine years old for judicial time and more than seven years old for clerical time. Since that timeframe, there have been various changes that may impact the costs, such as the creation of the circuit court, the increase in self-represented litigants, and the implementation of the NH e-Court Project.
The Judicial Branch reports the provision of this bill, allowing the court to recover costs from offender filing petitions, does not appear to be cost effective as recovery costs may be greater than the amount recovered.