CHAPTER 223
HB 1603-FN-A – FINAL VERSION
05Mar2008… 0679h
21May2008… 1953eba
2008 SESSION
05/04
HOUSE BILL 1603-FN-A
AN ACT establishing a penalty for payment of a state obligation with an invalid form of payment.
SPONSORS: Rep. Chandler, Carr 1; Rep. Campbell, Hills 24; Sen. Clegg, Dist 14
This bill permits the state to charge a fee for credit card payments that cannot be processed. The law currently permits the state to charge such fees for returned checks or money orders.
This bill is a request of the department of safety.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0679h
21May2008… 1953eba
08-2328
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT establishing a penalty for payment of a state obligation with an invalid form of payment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
223:1 Return of Payment. Amend RSA 6:11-a to read as follows:
6:11-a Return of [Checks, Drafts and Money Orders] Payment; Fee.
I. Any [check, draft or money order] payment received by any state department or institution for [the payment of] a fee, license, or product which is returned to the state department or institution as uncollectible [may] shall be returned to the sender and not deposited with the state treasurer. Whenever [any check, draft or money order issued in] payment of any fee or for any other purpose is returned to any state department or institution as uncollectible, the department or institution may charge a fee of $25 or 5 percent of the face amount of the [check] payment, whichever is the greater, plus all protest and bank fees, in addition to the amount of the [check, draft or money order] initial payment to the person presenting the [check, draft or money order] payment to the department or institution to cover the costs of collection.
II. A [check, draft or money order] payment received by any state department or institution for [the payment of] a fee, license, or product [may] shall be returned to the sender and not deposited with the state treasurer and any application received by a state department or institution may be returned to the sender under any of the following circumstances:
(a) The amount of the [check, draft or money order] payment is incorrect.
(b) The application is required to be submitted with the payment of a fee and is not so submitted or is improperly or incorrectly submitted.
(c) A license applicant has not complied with one or more statutory requirements entitling him or her to make such application.
(d) The requested product is unavailable.
III. The department or institution may charge a fee, if appropriate, of at least $25 plus all protest and bank fees, if any, to the person presenting an application[, check, draft or money order] or payment which is unacceptable to a state department or institution, as provided in paragraph II.
223:2 Waiver in Lieu of Court Appearance. Amend RSA 262:44, III(a) to read as follows:
III.(a) Whenever a defendant:
(1) Does not enter a plea-by-mail with the director of the division of motor vehicles within 30 days of the date of the summons or, if required to appear in court personally, does not appear personally or by counsel at the court on or before the required date or move for a continuance; or
(2) Fails to pay a fine or other penalty in connection with a conviction of a title XXI offense or [issues a bad check in] payment of such fine or other penalty is uncollectible or unacceptable pursuant to RSA 6:11-a, the defendant shall be defaulted. In cases where the defendant has failed to enter a plea-by-mail with the director, the director of designee shall determine what the fine would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the fine and penalty assessment. In cases where the defendant has defaulted on a court obligation, the court shall determine what the fine would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the fine and penalty assessment. In any case, the defendant’s driving privileges shall be suspended as provided in RSA 263:56-a.
223:3 Waiver in Lieu of Court Appearance. Amend 262:44, IV(b) to read as follows:
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined [he] the defendant is able to pay, or [issues a bad check in] payment of a fine or other penalty is uncollectible or unacceptable, pursuant to RSA 6:11-a; or
223:4 Contingency. If HB 1533 of the 2008 regular legislative session becomes law, section 1 of this act shall not take effect and sections 2 and 3 of this act shall take effect at 12:01 a.m. on the effective date of HB 1533. If HB 1533 of the 2008 regular legislative session does not become law, sections 1-3 of this act shall take effect 60 days after its passage.
223:5 Effective Date.
I. Sections 1-3 of this act shall take effect as provided in section 4 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: June 16, 2008
Effective Date: I. Sections 1-3 shall take effect as provided in section 4.
II. Remainder shall take effect June 16, 2008.