HB647: relative to motor vehicle fines and violations.

HB 647-FN - AS AMENDED BY THE HOUSE

09Apr2009… 1116h

2009 SESSION

09-0367

03/04

HOUSE BILL 647-FN

AN ACT relative to motor vehicle fines and violations.

SPONSORS: Rep. Welch, Rock 8; Rep. Almy, Graf 11; Rep. Bergin, Hills 6

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill modifies the fine amounts for various motor vehicle offenses, specifies that certain fine amounts exclude the penalty assessment, and changes the circumstances under which a violator must appear in court.

This bill is a request of the department of safety.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09Apr2009… 1116h

09-0367

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to motor vehicle fines and violations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Registration Required; Fine. Amend RSA 261:40 to read as follows:

261:40 Registration Required. Except as otherwise provided, it is a violation for any person to drive or any owner or custodian to knowingly permit or cause to be driven on the ways of this state any vehicle which is not specifically exempt by statute or rule from the requirement of registration, unless the same has been registered and the appropriate fee paid in accordance with the provisions of this chapter. The fine, exclusive of the penalty assessment, for a violation of this section shall be [$100] $85.

2 New Section; Penalties and Court Appearances; Calculation of Fines. Amend RSA 262 by inserting after section 41 the following new section:

262:41-a Calculation of Fines. Unless a fine in this title specifies that it is inclusive of the penalty assessment, the court or, in the case of a plea by mail, the department, shall levy a penalty assessment on the statutory fine amount in accordance with RSA 188-F:31.

3 Allowing an Improper Person; Fine. Amend RSA 263:1-a to read as follows:

263:1-a Allowing an Improper Person. No person shall knowingly permit a motor vehicle owned or controlled by him or her to be driven by a person who is not properly licensed or otherwise entitled to drive. Any person who violates this section shall be guilty of a violation, and if the license or driving privilege of the person allowed to drive is under suspension or revocation, the owner or person in control of the vehicle, notwithstanding title LXII, shall be fined, exclusive of the penalty assessment, not less than $100.

4 Motorcycle License; Fine. Amend RSA 263:30, II to read as follows:

II. The fine, exclusive of the penalty assessment, for a violation of this section shall be [$100] $85.

5 Commercial Driver License Classifications; Fine. Amend RSA 263:92, II to read as follows:

II. Any driver who operates a motor vehicle in violation of the provisions of the commercial driver license classification system shall be subject to a fine, exclusive of the penalty assessment, of [$100] $85.

6 Highway Markings; Fine. Amend RSA 265:22, II to read as follows:

II. The fine, exclusive of the penalty assessment, for a violation of this section shall be [$100] $85.

7 Stop Signs and Yield Signs; Fine. Amend RSA 265:31, IV to read as follows:

IV. The fine, exclusive of the penalty assessment, for violation of this section shall be [$100] $85.

8 Speed Limits; Fines and Appearances. Amend RSA 265:60, V-VI to read as follows:

V. The fines, exclusive of the penalty assessment, for violation of subparagraphs [II(a)-(d)] II(b)-(e) shall be as follows:

Miles per hour above the limit specified:

1-10 [$50] $100

11-15 [75] $125

16-20 [100] $210

21-25 [200] $290

26-30 $415

31-39 $450

[26+] 40+ Must appear

[(Minimum $350)]

VI. [The fines for violations of subparagraph II(e) shall be as follows:

Miles above the 65 mph limit:

1-5 $65

6-10 100

11-15 150

16-20 250

21-25 350

26+ Must appear] The fine, exclusive of the penalty assessment, for violation of subparagraph II(a) shall be $125.

VII. Any person driving a vehicle at a speed more than 26 miles per hour above the limit specified who has a youth operator’s license or who has 2 or more previous speeding convictions or a conviction of reckless driving or driving to endanger may not enter a plea by mail but must appear before the court.

9 Obstruction; Fine. Amend RSA 265:95, IV to read as follows:

IV. Any person who violates the provisions of paragraph I, II, or III of this section shall be subject to a fine, exclusive of the penalty assessment, of [$75] $60.

10 Riding Upon Motorcycles; Fine. Amend RSA 265:120, V to read as follows:

V. Any person who violates the provisions of paragraph I, II, or III of this section shall be subject to a fine, exclusive of the penalty assessment, of [$75] $60.

11 Effective Date. This act shall take effect 120 days after its passage.

LBAO

09-0367

Revised 03/03/09

HB 647 FISCAL NOTE

AN ACT relative to motor vehicle fines and violations.

FISCAL IMPACT:

The Judicial Branch and the Department of Safety state this bill will have an indeterminable fiscal impact on state revenues and expenditures in FY 2009 and each year thereafter, and may reduce local expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on county revenues or expenditures.

METHODOLOGY:

The Judicial Branch states this bill modifies the fine amounts for various motor vehicle offenses and changes the circumstances under which a violator must appear in court. This bill amends RSA 261:40; RSA 263:30, II; RSA 263:92, II; RSA 265:22, II; and RSA 265:31, IV to reduce associated fines from $100 before the penalty assessment to $96 inclusive of the penalty assessment. The fine will be deposited in the general fund if collected by the courts, and deposited in the highway fund if returned by mail to the Department of Safety. The penalty assessment is 20% of the fine. Therefore, general fund or highway fund revenues for each violation will decrease by $20 (current fine = $100 less proposed fine $96/1.2 = $80).

The penalty assessment is split three ways, with 65% percent directed to the Police Standards and Training Council Training Fund, 20% directed to the Victims’ Assistance Fund, and the remainder deposited in the general fund. Under this bill, Police Standards and Training Council Training Fund revenues from the penalty assessment for each violation would decrease by $2.60 (difference between $100 fine x 20% = $20 current penalty assessment x 65% = $13 and $16 proposed penalty assessment x 65% = $10.40). Victims’ Assistance Fund revenues would decrease by $0.80 per violation (difference between $20 x 20% = $4 and $16 x 20% = $3.20). General fund revenues would decrease by $0.60 (difference between remainder of current penalty, which is $3 and remainder of proposed penalty, which is $2.40).

This bill changes fines in RSA 265:95, IV and RSA 265:120, V from $75 before the penalty assessment to $72 inclusive of the penalty assessment. For each violation general fund revenues received by the courts or highway fund revenues sent to the Department of Safety will decrease by $15 (current fine = $75 less new fine = $72/1.2 = $60). Police Standards and Training Council Training Fund revenues for each violation would decrease by $1.95 (difference between $75 fine x 20% = $15 current penalty assessment x 65% = $9.75 and $12 proposed penalty assessment x 65% = $7.80). Victims’ Assistance Fund revenues would decrease by $0.60 (difference between $15 x 20% = $3 and $12 x 20% = $2.40), and general fund revenues would decrease by $0.45 (difference between remainder of current penalty, which is $2.25 and remainder of proposed penalty, which is $1.80).

The Judicial Branch estimates proposed changes to speeding fines will increase revenues for each violation as follows:

Penalty

Fine

General Fund

Police Standards

Victims' Assistance

General or Highway Fund

1 to 10 mph Over Limit

$1.50

$6.50

$2.00

$50.00

11 to 15 mph Over Limit

$1.50

$6.50

$2.00

$50.00

16 to 20 mph Over Limit

$3.30

$14.30

$4.40

$110.00

21 to 25 mph Over Limit

$2.70

$11.70

$3.60

$90.00

The Branch states the proposed change to the fine in RSA 263:1-a (from $100 before the penalty assessment to $120 inclusive of the penalty assessment) will not result in any change to revenues or expenditures. The Branch states it cannot estimate the per violation fiscal impact from changes to the fine where the violation is over 26 miles per hour because these fines will depend upon the exact number of miles over the speed limit. Additionally, the bill creates a $150 fine, inclusive of the penalty assessment, for exceeding a speed of 10 miles per hour below the usual posted limit from 45 minutes prior to each school opening until each school opening and from each school closing until 45 minutes after each school closing. However, as the Branch does not retain data on fine revenue based on the particular RSA section violated, the full fiscal impact cannot be determined at this time.

The Department of Safety states each time the fine schedule is changed stated expenditures will increase by $80,000 for the one-time expense of printing new ticket forms to be distributed throughout the state. The Department anticipates a decrease in state and local expenditures related to police overtime and court witness fees as the number of “must appear” violations will be fewer under this bill. However, because the Department cannot predict the number of violations, the full fiscal impact cannot be determined at this time.