HB 1512-FN-LOCAL – AS INTRODUCED
2008 SESSION
03/09
HOUSE BILL 1512-FN-LOCAL
AN ACT relative to disposition of motor vehicle fines.
SPONSORS: Rep. Simon, Hills 11
This bill requires that $10 from each motor vehicle fine be forwarded to the municipality in which the offense occurred.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2142
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to disposition of motor vehicle fines.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Waiver in Lieu of Court Appearance; Disposition of Fines. 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. The defendant shall be given a notice of fine indicating the amount of the fine 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 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. For each fine received, the director shall pay $10 to the municipality in which the offense occurred. The remainder of the 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 Duties of Clerk; Disposition of Fines. Amend RSA 502-A:8 to read as follows:
502-A:8 Duties of Clerks; Disposition of Fines. The clerk shall receive all fines and forfeitures paid into the district court from any source. The clerk of any district or municipal court may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is deposited in the general fund and not out of the penalty assessment charged by a district or municipal court. For each fine received for a violation of title XXI, the clerk shall pay $10 to the municipality in which the offense occurred. After deducting court seal, record books, printing blanks, and such other expenses as may be legally incurred in the maintenance and conduct of said court and the amount paid to the municipality, if applicable, the clerk shall, except in cases otherwise provided, pay the same over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days. After deduction of expenses enumerated above, fines and forfeitures collected by the clerk for violations of municipal ordinances, codes, or regulations, except those adopted pursuant to RSA 31:39, I(g); RSA 41:11; RSA 47:17, IV, VI, VII, or VIII; and RSA 105:6-7, shall be remitted within 14 days to the treasurer of the municipality prosecuting said violations, for the use of the municipality. All expenses related to the processing of parking violations and the administrative collection of parking fines shall be the responsibility of the local unit of government, and all fines collected shall be retained in their entirety by the local unit of government.
3 Effective Date. This act shall take effect July 1, 2008.
LBAO
08-2142
11/30/07
HB 1512-FN-LOCAL - FISCAL NOTE
AN ACT relative to disposition of motor vehicle fines.
FISCAL IMPACT:
The Department of Safety states this bill will decrease state unrestricted general fund revenue and increase local revenue by $2,080,000 in FY 2009 and each fiscal year thereafter, and increase state highway fund expenditures by $82,025 in FY 2009, $39,305 in FY 2010, $40,663 in FY 2011 and $42,255 in FY 2012. The New Hampshire Municipal Association states this bill will increase local revenue by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on county and local expenditures or county revenues.
METHODOLOGY:
The Department of Safety states this bill requires that $10 from each motor vehicle fine be forwarded to the municipality in which the offense occurred. The Department of Motor Vehicles (DMV) estimates that there are approximately 208,000 motor vehicle fines issued per year. Forwarding $10 per fine to municipalities as specified in the bill, will decrease state unrestricted general fund revenue and increase local revenue by $2,080,000 (208,000 x $10).
The Department further states that state highway fund expenditures will increase to administer this change as detailed in the table below. The Department indicates that an additional cash terminal operator (labor grade 11) will be required, as well as additional current expense, equipment and computer programming costs (250 hours x $175 per hour).
FY 2009 |
FY 2010 |
FY 2011 |
FY 2012 | |
Personnel. Services |
$24,258 |
$25,155 |
$26,071 |
$27,144 |
Benefits |
11,717 |
12,150 |
12,592 |
13,111 |
Current Expense |
2,000 |
2,000 |
2,000 |
2,000 |
Equipment |
300 |
|||
Programming Cost |
43,750 |
|||
Total |
$82,025 |
$39,305 |
$40,663 |
$42,255 |
The New Hampshire Municipal Association indicates that this bill will increase local revenues by an indeterminable amount depending on the number of motor vehicle offenses charged within each municipality.