SB280 (2006) Detail

Adding a surcharge to motor vehicle fines for use by municipalities.


SB 280-FN-A-LOCAL – AS INTRODUCED

2006 SESSION

06-2021

03/01

SENATE BILL 280-FN-A-LOCAL

AN ACT adding a surcharge to motor vehicle fines for use by municipalities.

SPONSORS: Sen. Barnes, Dist 17

COMMITTEE: Finance

ANALYSIS

This bill adds a surcharge to motor vehicle fines for use by municipalities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2021

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT adding a surcharge to motor vehicle fines for use by municipalities.

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

1 Waiver in Lieu of Court Appearance; Municipal Surcharge. Amend RSA 262:44, I to read as follows:

I. Such defendant shall receive, in addition to [his] the summons, a uniform fine schedule entitled “Notice of Fine, Division of Motor Vehicles” which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail plus a surcharge of 5 percent of the normal fine amount which shall be for the benefit of the municipality in which the offense occurred. The defendant shall be given a notice of fine indicating the amount of the fine plus surcharge plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus surcharge plus penalty assessment to the director of motor vehicles within 30 days of the date of the summons. The director of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims' assistance fund in the percentages and manner prescribed in RSA 188-F:31. The director shall forward the surcharge to the municipality in which the offense occurred for use by the municipality to enhance enforcement and administration of the motor vehicle laws. Fines shall be paid over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days of their receipt.

2 Effective Date. This act shall take effect July 1, 2006.

LBAO

06-2021

Revised 12/15/05

SB 280 FISCAL NOTE

AN ACT adding a surcharge to motor vehicle fines for use by municipalities.

FISCAL IMPACT:

The Department of Safety and the Judicial Branch have determined this bill will increase state general fund revenue and local revenue by $1,000,000 in FY 2007 and each year thereafter. State general fund expenditures will increase by a minimum of $1,000,000 in FY 2007 and each year thereafter. There will be no fiscal impact on county and local expenditures or county revenue.

METHODOLOGY:

The Department of Safety and the Judicial Branch stated this bill intends to add a surcharge of 5% to motor vehicle fines to be forwarded to the municipality in which the offense occurred for use by the municipality to enhance enforcement and administration of motor vehicle laws. The official estimate for motor vehicle fine collections is $20,207,000 annually. It is assumed that the amount of motor vehicle fines will remain constant. A surcharge of 5% of that amount would result in an annual increase in general fund revenue of $1,010,350. This amount would be forwarded to the municipalities, thereby increasing local revenue by the same amount. The Judicial Branch stated there could be a lag in the revenue in the first year depending on the lead time necessary to implement the surcharge. Local revenue would increase by the same amount. The Department of Safety indicated additional general fund cost to accumulate the information on which municipalities would be owed and how much to pay them and the related costs associated with the processing the payments cannot be estimated, therefore, the total fiscal impact on general fund expenditures cannot be estimated.

Links

SB280 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB280 Revision: 10277 Date: Jan. 21, 2010, midnight

Docket