HB612: relative to the penalty for overtaking a school bus.

HB 612-FN - AS INTRODUCED

2021 SESSION

21-0057

11/04

HOUSE BILL 612-FN

AN ACT relative to the penalty for overtaking a school bus.

SPONSORS: Rep. Telerski, Hills. 35; Rep. Dontonville, Graf. 10; Rep. Horrigan, Straf. 6; Rep. Vail, Hills. 30; Rep. Pickering, Hills. 3; Rep. J. Schmidt, Hills. 28; Rep. Gay, Rock. 8

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill updates the penalties imposed for illegally overtaking or passing a school bus.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0057

11/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT relative to the penalty for overtaking a school bus.

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

1 Motor Vehicles; Rules of the Road; Overtaking and Passing School Bus. Amend RSA 265:54, I-b to read as follows:

I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a violation and shall be fined [$150] $250 plus penalty assessment for a first offense, and shall be fined [not less than $250 nor more than $1,000] $500 plus penalty assessment for a subsequent offense. In addition, the director [may] shall suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second or subsequent offense.

2 Effective Date. This act shall take effect January 1, 2022.

LBA

21-0057

1/13/21

HB 612-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the penalty for overtaking a school bus.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

Appropriation

$0

$0

$0

$0

Revenue

$0

Indeterminable

Indeterminable

Indeterminable

Expenditures

$0

$155,000

$0

$0

Funding Source:

[ X ] General [ ] Education [ X ] Highway [ X ] Other - Restricted - Costs of Collections/Administration, Victims' Assistance Fund, Judicial Branch IT Fund

*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.

METHODOLOGY:

This bill, effective, January 1, 2022, increases the fine amounts and subsequent license suspension penalties for persons who illegally pass school buses, as well as a mandatory 30-day license suspension for second and subsequent offenses. Any additional fine revenue collected, which is indeterminable as the number of offenses cannot be estimated, if any, would be credited to the highway fund, while additional penalty assessment revenue would be credited to the general fund (66.66%), victims’ assistance fund (16.67%), and judicial branch information technology fund (16.67%).

The Department of Safety states this bill will result in one-time expenditures of $155,000 for system reprogramming changes ($152,000) and updates to the uniform fine schedule ($3,000). These costs would likely be incurred in FY 2022.

The Judicial Branch states any additional workload created by this bill would be absorbed without any cost.

AGENCIES CONTACTED:

Department of Safety and Judicial Branch