SB649: relative to commercial drivers' licenses and driving under the influence while driving certain commercial motor vehicles.

SB 649-FN - AS INTRODUCED

2020 SESSION

20-2862

11/03

SENATE BILL 649-FN

AN ACT relative to commercial drivers' licenses and driving under the influence while driving certain commercial motor vehicles.

SPONSORS: Sen. Watters, Dist 4; Sen. Carson, Dist 14; Sen. Starr, Dist 1; Sen. Chandley, Dist 11; Sen. Hennessey, Dist 5; Rep. Merner, Coos 7; Rep. Tucker, Coos 5; Rep. Packard, Rock. 5; Rep. Welch, Rock. 13

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies the appeal process for disqualification of commercial motor vehicle driving privileges, expands the circumstances under which a person may be found guilty of aggravated driving while intoxicated, and provides for the immediate disqualification of a commercial motor vehicle drivers upon receipt of information such driver refused a blood alcohol concentration test.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2862

11/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to commercial drivers' licenses and driving under the influence while driving certain commercial motor vehicles.

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

1 Drivers' Licenses; Commercial Licensing; Violations; Penalties; Serious Violations. Amend RSA 263:94, VII to read as follows:

VII. [Prior to disqualifying a driver under this section, the commissioner shall provide the driver with notice and an opportunity for a hearing.] If the director disqualifies a person pursuant to this section, the department shall grant a hearing to the person, upon written application to the department, within 15 days after the filing of such application.

2 Driving or Operating Under the Influence of Drugs or Liquor. Amend RSA 265-A:3, I(c)-(d) to read as follows:

(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lamps while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued; [or]

(d) Carries as a passenger a person under the age of 16; or

(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more;

3 Driving or Operating Under the Influence of Drugs or Liquor. Amend RSA 265-A:3, II(c)-(d) to read as follows:

(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lights while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued;[ or]

(d) Carries as a passenger a person under the age of 16; or

(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or

4 Driving or Operating Under the Influence of Drugs or Liquor; Implied Consent Requirements for Commercial Motor Vehicle Drivers. Amend RSA 265-A:25, V to read as follows:

V. Upon receipt of the sworn report of a law enforcement officer submitted under paragraph IV, the department shall immediately disqualify the driver from driving a commercial motor vehicle under RSA 265-A:23.

5 Effective Date. This act shall take effect January 1, 2021.

LBAO

20-2862

12/18/19

SB 649-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to commercial drivers' licenses and driving under the influence while driving certain commercial motor vehicles.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2020 through 2023.

AGENCIES CONTACTED:

Department of Safety