HB1425: relative to prohibiting the suspension of drivers' licenses in child support enforcement matters.

HB 1425-FN - AS INTRODUCED

2024 SESSION

24-2110

09/10

HOUSE BILL 1425-FN

AN ACT relative to prohibiting the suspension of drivers' licenses in child support enforcement matters.

SPONSORS: Rep. Bernardy, Rock. 36; Rep. M. Pearson, Rock. 34; Rep. Ball, Rock. 25; Rep. J. Nelson, Rock. 13; Rep. Weyler, Rock. 14

COMMITTEE: Children and Family Law

ANALYSIS

This bill prohibits the suspension, revocation, or denial of a driver's license for failure to comply with a child support order, and allows for reinstatement for those whose driver's license was suspended, revoked, or denied for such reason.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2110

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to prohibiting the suspension of drivers' licenses in child support enforcement matters.

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

1 New Paragraph; Support of Dependent Children; Revocation and Denial of Licenses. Amend RSA 161-B:11 by inserting after paragraph I the following new paragraph:

I-a. The department shall not seek, and no court shall order, the suspension, revocation, or denial of an obligor's driver's license for lack of compliance with a legal order of support. Any individual otherwise eligible for a driver's license whose driver's license was suspended, revoked, or denied for lack of compliance with a legal order of support may apply for reinstatement of his or her driver's license, and, notwithstanding any order to the contrary, the division of motor vehicles shall not use lack of compliance with a legal order of support as a basis for denial.

2 New Paragraph; Parental Rights and Responsibilities; Support. Amend RSA 461-A:14 by inserting after paragraph XVIII the following new paragraph:

XIX. In any proceeding to enforce the payment of child support, the court shall not order the suspension, revocation, or denial of an obligor's driver's license for lack of compliance with a legal order of support pursuant to RSA 161-B:11, I-a.

3 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2110

12/1/23

HB 1425-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to prohibiting the suspension of drivers' licenses in child support enforcement matters.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

Indeterminable Decrease - See Methodology Below

Revenue Fund(s)

Highway Fund

Federal Funds

Expenditures

$0

$0

$0

$0

Funding Source(s)

None

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A

• Does this bill authorize new positions to implement this bill? [X] N/A

METHODOLOGY:

This bill prohibits the suspension, revocation, or denial of a driver's license for failure to comply with a child support order and allows for reinstatement for individuals whose driver's license was suspended, revoked, or denied for such reason. There is a $100 license restoration fee should an individual seek to restore their suspended license. The Department states through the first 11 months of calendar year 2023, 678 licenses were restored relative to child support suspensions, for a total of $67,800 in revenue to the highway fund. The Department of Safety states there are currently 4,901 active child support suspensions on file and through the first 11 months of calendar year 2023 there have been 1,442 new requests for child support license suspensions. This bill could potentially decrease highway fund revenue by approximately $70,000 to $144,000 per year (half in FY 2025 considering the bill’s effective date of January 1, 2025).

The Department of Health and Human Services states there may be a significant fiscal impact to the State, since as a condition of receiving Federal IV-D funds, each state is required to have procedures regarding the withholding, suspension, or restriction of the licenses of noncustodial parents who owe past due support. Specifically, the mandate relates to drivers’ licenses, professional and occupational licenses, as well as recreational and sporting licenses (42 U.S.C. § 666(a)(16)). The Department states this would place the Bureau of Child Support Services (BCSS) out of compliance with its federal State Plan requirements and in direct conflict with federal law, making the State subject to significant federal sanctions. Federal sanctions could be up to and including the total loss of federal funding designated for the operational funding of the State’s child support program for failure to comply with the State Plan requirements as outlined in Title IV-D of the Social Security Act and related federal regulations. The Department estimates the total potential loss of operational funding for New Hampshire’s child support program could be $16.9M in federal funds; $1.2M in federal child support performance measure incentive funds; and $1.9M in federal TANF Block Grant funding.

AGENCIES CONTACTED:

Department of Safety and Department of Health and Human Services