SB 181-FN-A-LOCAL – AS INTRODUCED
2007 SESSION
03/01
SENATE BILL 181-FN-A-LOCAL
AN ACT adding a fee to motor vehicle fines for use by municipalities.
SPONSORS: Sen. DeVries, Dist 18; Sen. Barnes, Dist 17; Sen. Cilley, Dist 6; Sen. Hassan, Dist 23; Sen. Reynolds, Dist 2; Rep. DeJoie, Merr 11; Rep. Lasky, Hills 26; Rep. Wall, Straf 7; Rep. Goley, Hills 8; Rep. Baroody, Hills 13
COMMITTEE: Transportation and Interstate Cooperation
This bill adds an administrative fee 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0919
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT adding a fee 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 an administrative fee of $5 which shall be for the benefit of the law enforcement agency issuing the summons. The defendant shall be given a notice of fine indicating the amount of the fine plus administrative fee 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 administrative fee 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 administrative fee to the law enforcement agency issuing the summons; the director may disburse administrative fees to the issuing agency on an annual basis. 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, 2007.
LBAO
07-0919
01/26/07
SB 181-FN-A-LOCAL - FISCAL NOTE
AN ACT adding a fee to motor vehicle fines for use by municipalities.
FISCAL IMPACT:
The Department of Safety has determined this bill may increase state, county and local revenue and expenditures by an indeterminable amount in fiscal year 2008 and each fiscal year thereafter.
METHODOLOGY:
The Department states this bill establishes a $5 administrative fee for pleading other than “not guilty” to a summons for a motor vehicle violation. The fee is to be forwarded to the law enforcement agency issuing the summons. The Department cannot estimate the fiscal impact on state, county and local revenue because it cannot determine the number of summons that might be issued by law enforcement agencies on each level of government that would qualify for the additional administrative fee. The Department cannot determine the fiscal impact on county and local expenditures but assumes additional costs to the state would be substantial. The Department states in order to implement the requirements of this bill it would need an estimated $37,500 of computer programming (250 hours at $150 per hour). The Department states it would also need at least one additional cash terminal operator I at salary grade 11 with benefits calculated at 48.3% for a cost of $35,505. In addition to salary and benefits the Department estimates current expenses of $2,000 and equipment of $300. This bill does not establish any positions or make an appropriation to fund any increase in expenditures that may result from its provisions.