HB 611-FN – AS INTRODUCED
2009 SESSION
04/03
HOUSE BILL 611-FN
AN ACT relative to suspension of a driver’s license for gasoline theft.
SPONSORS: Rep. Cloutier, Sull 4; Rep. Donovan, Sull 4
COMMITTEE: Criminal Justice and Public Safety
This bill provides for the suspension of a driver’s license for gasoline theft.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0137
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to suspension of a driver’s license for gasoline theft.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; License Suspension or Revocation; Suspension for Gasoline Theft. Amend RSA 263 by inserting after section 56-f the following new section:
263:56-g Suspension for Gasoline Theft.
I. This section shall apply to any person convicted of theft under RSA 637 under circumstances where the theft involved a person driving his or her motor vehicle off the premises of an establishment where gasoline or diesel fuel is offered for retail sale, after dispensing gasoline or diesel fuel into his or her own motor vehicle or a portable fuel container, and failing to remit payment by cash or credit for the fuel that was dispensed.
II. For a first offense, the court shall order the suspension of a driver’s license for a person convicted of theft under circumstances described in paragraph I, for a period not to exceed 6 months. A second such offense shall constitute theft of services under RSA 637:8, and in addition to the penalty under RSA 637 for theft of services, the court shall order the suspension of a driver’s license for a period of 12 months. A third or subsequent offense shall constitute theft of services under RSA 637:8, and in addition to the penalty under RSA 637 for theft of services, the court shall order the suspension of a driver’s license for a period of 18 months.
III. The license of any person whose license was suspended pursuant to this section shall be reinstated upon payment to the director of a fee of $100, which shall be in lieu of any other reinstatement fee, and which shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(b)(5).
2 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0137
12/10/08
HB 611-FN - FISCAL NOTE
AN ACT relative to suspension of a driver’s license for gasoline theft.
FISCAL IMPACT:
The Department of Safety states this bill will increase state highway fund revenue and expenditures and increase local revenue by an indeterminable amount in FY 2010 and each fiscal year thereafter. There will be no fiscal impact on county and local expenditures or county revenues.
METHODOLOGY:
The Department of Safety states this bill provides for the suspension of a driver’s license for motor fuel theft. This bill does not add a new type of theft to the criminal code, just specifies that a person convicted of motor fuel theft may have their driver’s license suspended. Any suspended license that is later reinstated will cost an individual $100 to be deposited in the state highway fund. The Department cannot estimate either how many people will be convicted for motor fuel theft or how many licenses will be reinstated, therefore the increase in state highway fund revenue is indeterminable.
This increase in highway revenue will also increase highway expenditures and local revenue for the 12% local government apportionment that the Department of Transportation distributes based on the preceding fiscal year revenues in accordance with RSA 235:23.