SB 298-FN – AS AMENDED BY THE SENATE
03/22/06 1380s
2006 SESSION
03/10
SENATE BILL 298-FN
AN ACT relative to motor vehicle fines.
SPONSORS: Sen. Morse, Dist 22; Sen. Clegg, Dist 14; Sen. Boyce, Dist 4; Sen. Barnes, Dist 17; Sen. Letourneau, Dist 19
This bill reduces certain fines for motor vehicle violations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/22/06 1380s
06-2669
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to motor vehicle fines.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Unlawful Possession and Intoxication; Fines Decreased. Amend RSA 179:10, I to read as follows:
I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of [$300] $250. Any second and subsequent offense shall be fined at least [$600] $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
2 Registration Required; Fines Decreased. 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 of a type required to be registered hereunder, unless the same has been registered and the appropriate fee paid in accordance with the provisions of this chapter. The fine for a violation of this section shall be [$100] $72.
3 Improper Use of Evidence of Registration or Title; Fine Decreased. Amend RSA 261:61, II to read as follows:
II. The fine for a violation of this section shall be [$150] $86.40.
4 Misuse or Failure to Display Plates; Fine Decreased. Amend RSA 261:176, II to read as follows:
II. The fine for a violation of this section shall be [$150] $72.
5 Motorcycle License; Operating Motorcycle Without; Fine. Amend RSA 263:30, II to read as follows:
II. The fine for a violation of this section shall be [$100] $72.
6 Driving After Revocation or Suspension; Fines Removed. Amend RSA 263:64, VII to read as follows:
VII. Except as provided in paragraphs IV, V-a, and VI, any person who violates the provisions of this section shall be guilty of a violation[, and shall be fined a minimum of $250 for a first offense and $500 for a second or subsequent offense].
7 Classifications, Endorsements and Restrictions; Fine for Operating Without Correct Class of License Decreased. 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 of [$100] $72.
8 Obedience to Police Officers; Fine Decreased. Amend RSA 265:3, II to read as follows:
II. The fine for a violation of this section shall be [$100] $86.40.
9 Interference With Traffic Devices, Signs, or Signals; Fine Decreased. Amend RSA 265:15, III to read as follows:
III. The fine for a violation of this section shall be [$150] $72.
10 Approaching Vehicle; Fine Decreased. Amend RSA 265:17, II to read as follows:
II. The fine for a violation of this section shall be [$75] $57.60.
11 Fines Decreased. Amend RSA 265:22, II to read as follows:
II. The fine for a violation of this section shall be [$100] $72.
12 One-Way Roadways and Roadways and Rotary Traffic Islands; Fine Decreased. Amend RSA 265:23, IV to read as follows:
IV. The fine for a violation of this section shall be [$100] $72.
13 Following Too Closely; Fine Decreased. Amend RSA 265:25, IV to read as follows:
IV. The fine for a violation of this section shall be [$100] $72.
14 Driving on Divided Ways; Fine Decreased. Amend RSA 265:26, III to read as follows:
III. The fine for a violation of this section shall be [$150] $115.20.
15 Stop Signs; Yield Signs; Fine Decreased. Amend RSA 265:31, IV to read as follows:
IV. The fine for violation of this section shall be [$100] $72.
16 Failure to Stop at Railroad Crossings; Fine. Amend RSA 265:50-a to read as follows:
265:50-a Failure to Stop at Railroad Crossings; Fine. The fine for a violation of the provisions of RSA 265:49 or RSA 265:50 shall be [$100] $86.40.
17 Driving of School Buses; Fine Decreased. Amend RSA 265:57, V to read as follows:
V. The fine for a violation of this section shall be [$250] $144.
18 Basic Rule and Maximum Limits; Fines Decreased. Amend RSA 265:60, V-VI to read as follows:
V. The fines for violation of subparagraphs II(a)-(d) shall be as follows:
Miles per hour above the limit specified:
1-10 [$50] $43.20
11-15 [75] 57.60
16-20 [100] 72.00
21-25 [200] 86.40
26+ Must appear
(Minimum [$350] $250)
VI. The fines for violations of subparagraph II(e) shall be as follows:
Miles above the 65 mph limit:
1-5 [$65] $43.20
6-10 [100] 72.00
11-15 [150] 86.00
16-20 [250] 115.00
21-25 [350] 216.00
26+ Must appear
19 Reckless Driving; Minimum Penalty. Amend RSA 265:79 to read as follows:
265:79 Reckless Driving; Minimum Penalty. Whoever upon any way drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c), or so that the lives or safety of the public shall be endangered, or upon a bet, wager, or race, or who drives a vehicle for the purpose of making a record, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, guilty of a violation and fined not less than [$500 for the first offense and $750 for the second offense] $250 nor more than $1,000 and his or her license shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the second offense.
20 Transporting Alcoholic Beverages; Fine Deleted. Amend RSA 265:81, IV to read as follows:
IV. A person who violates this section shall be guilty of a violation [and shall be subject to a fine of $150]. In addition, a person who violates paragraph II of this section may have his or her drivers’ license, if a resident, or driving privilege, if a nonresident, suspended 60 days for a first offense and up to one year for a second or subsequent offense.
21 Aggravated DWI; Fine Decreased. Amend RSA 265:82-b, I(b)(2) to read as follows:
(2) Fined not less than [$750] $500;
22 DWI Second Offense; Fine Increased. Amend RSA 265:82-b, II(a)(2) to read as follows:
(2) The person shall be fined not less than [$750] $500.
23 Limitations on Backing; Fine Decreased. Amend RSA 265:94, II to read as follows:
II. The fine for a violation of this section shall be [$150] $86.40.
24 Obstruction of Driver's View or Riding Mechanism; Fine Decreased. 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 of [$75] $43.20.
25 Coasting Fine Decreased. Amend RSA 265:99, III to read as follows:
III. The fine for a violation of this section shall be [$100] $43.20.
26 Passenger Restraints; Fines. Amend RSA 265:107-a, III(a) and (b) to read as follows:
(a) [$50] $25 for a first offense.
(b) [$100] $50 for a second or subsequent offense.
27 Riding Upon Motorcycles; Fine Decreased. 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 of [$75] $43.20.
28 Uninspected Motor Vehicle; Fines Decreased. Amend RSA 266:5 to read as follows:
266:5 Penalty for Failing to Obey Inspection Requirements. The driver or owner of any motor vehicle failing to comply with the requirements of the director relative to inspection shall be guilty of a violation, and the director may refuse to register, or may suspend or revoke the registration of, any motor vehicle, trailer or semi-trailer which has not been inspected as required or which is unsafe or unfit to be driven; provided, however, no person shall be charged with a violation of this section until a period of 10 days has elapsed from the date the inspection was due. This section shall not apply to those vehicles required to be inspected under the provisions of RSA 266:1, IV. The fine for a violation of this section shall be [$60] $43.30.
29 Effective Date. This act shall take effect one day after the passage of the state operating budget for the biennium ending June 30, 2009.
LBAO
06-2669
Amended 3/23/06
SB 298 FISCAL NOTE
AN ACT relative to motor vehicle fines.
FISCAL IMPACT:
The Department of Safety states this bill, as amended by the Senate (Amendment #2006-1380s), will decrease state general fund revenue by $5,150,000, decrease state restricted revenue by $850,000, and increase state highway fund expenditures by $79,000 in FY 2008 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department states this bill reduces all fines related to motor vehicle violations, except the minimum fines for drug offenses, back to the amounts in effect prior to July 1, 2005. The Department states when the current fines were established, it was estimated they would increase state general fund revenues by $5,000,000 per year, and increase penalty assessment revenue by $1,000,000 per year. Penalty assessment revenue is split between the Police Standards and Training Council (65%), the Victim’s Assistance Fund (20%), and the General Fund (15%). The estimated revenue impact is as follows:
Police Standards Victim’s
General Fund & Training Assistance
Motor Vehicle Fines ($5,000,000) $ 0 $ 0
Penalty Assessment ( 150,000) ( 650,000) ( 200,000)
Total ($5,150,000) ($650,000) ($200,000)
The Department further states there would be an administrative cost to the state highway fund of approximately $79,000 to reprint and distribute new tickets, assuming that all the old tickets used prior to July 2005 were destroyed.