CHAPTER 237
HB 1618-FN-A – FINAL VERSION
06Feb2008… 0340h
18Mar2008… 0840h
05/15/08 1834s
2008 SESSION
03/04
HOUSE BILL 1618-FN-A
AN ACT relative to motor vehicle fees and motor vehicle violation fines and relative to appropriations from the highway fund.
SPONSORS: Rep. Weyler, Rock 8; Rep. M. Smith, Straf 7; Rep. D. Eaton, Ches 2; Rep. Stepanek, Hills 6; Rep. Lund, Rock 5; Sen. Gallus, Dist 1
This bill:
I. Establishes the allocation of gross highway fund appropriations in the operating budget for the biennia beginning July 1, 2009, July 1, 2011, and July 1, 2013.
II. Requires that the department of safety deposit title fees and motor vehicle fines in the highway fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Feb2008… 0340h
18Mar2008… 0840h
05/15/08 1834s
08-2042
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to motor vehicle fees and motor vehicle violation fines and relative to appropriations from the highway fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
237:1 Allocation of Gross Appropriations From the Highway Fund; July 1, 2009. RSA 9:9-b is repealed and reenacted to read as follows:
9:9-b Allocation of Gross Appropriations From Highway Fund. For each fiscal year of the biennium, gross highway fund appropriations net of highway block grant aid, shall be allocated in the operating budget as follows:
I. Department of transportation, including the office of information technology: Not less than 68.5 percent.
II. Department of safety: Not to exceed 30 percent.
III. Other projects that comply with part 2, article 6-a of the New Hampshire constitution, relative to the use of highway funds: Not to exceed 1.5 percent.
237:2 Allocation of Gross Appropriations From the Highway Fund; July 1, 2011. RSA 9:9-b is repealed and reenacted to read as follows:
9:9-b Allocation of Gross Appropriations From Highway Fund. For each fiscal year of the biennium, gross highway fund appropriations net of highway block grant aid, shall be allocated in the operating budget as follows:
I. Department of transportation, including the office of information technology: Not less than 70.75 percent.
II. Department of safety: Not to exceed 28 percent.
III. Other projects that comply with part 2, article 6-a of the New Hampshire constitution, relative to the use of highway funds: Not to exceed 1.25 percent.
237:3 Allocation of Gross Appropriations From the Highway Fund; July 1, 2013. RSA 9:9-b is repealed and reenacted to read as follows:
9:9-b Allocation of Gross Appropriations From Highway Fund. For each fiscal year of the biennium, gross highway fund appropriations net of highway block grant aid, shall be allocated in the operating budget as follows:
I. Department of transportation, including the office of information technology: Not less than 73 percent.
II. Department of safety: Not to exceed 26 percent.
III. Other projects that comply with part 2, article 6-a of the New Hampshire constitution, relative to the use of highway funds: Not to exceed 1 percent.
237:4 New Paragraph; Allocation of Highway Funds in Governor’s Budget. Amend RSA 9:3 by inserting after paragraph III the following new paragraph:
III-a. The governor shall comply with RSA 9:9-b in the formulation of the budget for the ensuing biennium.
237:5 Motor Vehicle Title Fees. Amend RSA 261:20, IV to read as follows:
IV. Notwithstanding any other provision of law, [3/5 of] the fees collected under RSA 261:20, [I(a)-(c)] I shall be deposited in the highway fund [and 2/5 of the fees collected under RSA 261:20, I(a)-(c) shall be deposited as unrestricted revenue in the general fund, and 50 percent of the fees collected under RSA 261:20, I(d)-(i) shall be deposited as unrestricted revenue in the general fund and 50 percent of the fees collected under RSA 261:20, I(d)-(i) shall be deposited in the highway fund].
237:6 Fines Paid to Director of the Division of Motor Vehicles. 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 the division of motor vehicles within 30 days of the date of the summons. The director of the division 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. Fines shall be paid over to the [commissioner of administrative services] treasurer for deposit in the highway fund, or to such department or agency of the state as the law provides, within 14 days of their receipt.
237:7 Tentative Budget. Amend RSA 9:6 to read as follows:
9:6 Tentative Budget. Upon the receipt of the estimates of expenditure requirements called for by RSA 9:4 and the preparation of the estimates of income called for by RSA 9:5, and not later than November 1 next succeeding, the commissioner of administrative services shall cause to be prepared a tentative budget conforming as to scope, contents, and character to the requirements of RSA 9:3 and containing the estimates of expenditure and revenue as called for by RSA 9:4 and [5] RSA 9:5, which tentative budget shall be transmitted to the director of the budget for submittal to the governor. The tentative budget shall comply with the requirements of RSA 9:9-b. The budget shall be made available in printed format and in at least one electronic computer file format in common use at the time. The sections of the budget that state: gross appropriations from the highway fund, the highway block grant aid appropriation, the highway fund appropriation to the department of safety, and highway fund appropriations that are transferred to other agencies that comply with part II, article 6-a of the New Hampshire constitution relative to the use of highway funds, shall be reported to the president of the senate, the speaker of the house of representatives, and the chairmen of the house and senate standing committees on finance.
237:8 Effective Date.
I. Section 2 of this act shall take effect July 1, 2011.
II. Section 3 of this act shall take effect July 1, 2013.
III. The remainder of this act shall take effect July 1, 2009.
Approved: June 23, 2008
Effective Date: I. Section 2 shall take effect July 1, 2011.
II. Section 3 shall take effect July 1, 2013.
III. Remainder shall take effect July 1, 2009.