HB 629-FN-A – AS AMENDED BY THE HOUSE
04Mar2009… 0329h
2009 SESSION
03/05
HOUSE BILL 629-FN-A
AN ACT revising certain motor vehicle laws.
SPONSORS: Rep. Drisko, Hills 5; Rep. Bergin, Hills 6
This bill:
I. Directs uniform carrier registration fees to the highway fund.
II. Establishes penalties for uniform carrier registration requirements.
III. Requires an identifying plate or decal for certain implements of husbandry.
IV Authorizes the use of alternate flashing headlamps by certain department of transportation vehicles.
This bill was requested by the department of safety.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Mar2009… 0329h
09-0457
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT revising certain motor vehicle laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Duties of Commissioner; Fees. Amend RSA 21-P:4, XIV(d) to read as follows:
(d) To adopt rules, under RSA 541-A, as are necessary for the proper administration and enforcement of this paragraph. Such rules may include, without limitation, rules establishing registration fees and other fees sufficient to cover the direct and indirect costs of administration and enforcement of this section. All fees collected under this section shall be deposited into the [general] highway fund.
2 Habitual Offender; Offenses Added. Amend RSA 259:39, I(r)-(s) to read as follows:
(r) Conviction of any offense specified in RSA 265:82; [or]
(s) Conviction of any offense specified in RSA 265:82-a;
(t) Conviction of any offense specified in RSA 262:23;
(u) Conviction of any offense specified in RSA 265-A:43; or
(v) Conviction of any offense specified in RSA 265:79-b.
3 Words and Phrases Defined; Implement of Husbandry. Amend RSA 259:44 to read as follows:
259:44 Implement of Husbandry. “Implement of husbandry” shall mean equipment designed[,] or adapted[,] and used exclusively for agricultural, horticultural, forestry, or livestock operations, for which use on a public way is incidental to its intended function. “Implement of husbandry” shall include a self-propelled custom harvester, sprayer, soil amendment spreader, or forage mower.
4 New Section; Unified Carrier Registration Required. Amend RSA 261 by inserting after section 40 the following new section:
261:40-a Unified Carrier Registration Required. It is a violation for any person to drive or for the owner or lessee to cause to be driven on the ways of this state a motor vehicle subject to registration under the provisions of the Unified Carrier Registration Act of 2005, 49 U.S.C. section 14504a, as amended, unless the motor vehicle has been registered and the appropriate fee paid. The fine for a violation of this section shall be not more than $500 plus penalty assessment for a first offense and $1,000 plus penalty assessment for a subsequent offense in a 12-month period.
5 New Paragraph; Implements of Husbandry; Identification. Amend RSA 261:64 by inserting after paragraph II the following new paragraph:
III. Implements of husbandry shall not be operated on toll roads or on the interstate and defense highway system. When implements of husbandry not meeting the definition of a tractor in RSA 259:108 are moved over any other way, the power unit shall display in a conspicuous location an identifying decal or plate issued by the division. The fee for each identifying decal or plate shall be $25 for an implement weighing no more than 15,000 pounds and $50 for an implement weighing 15,001 pounds or more. The director may adopt rules pursuant to RSA 541-A specifying the location for display of the identifying decal or plate, specifying such limitations as the director deems necessary for the safety of other highway users by restricting speeds of operation and operation after daylight hours, and specifying safety, conspicuity, and lighting equipment requirements.
6 Spillage of Material; Farming Operations. Amend RSA 266:72, IV to read as follows:
IV. The provisions of paragraphs I, II, II-a, and III of this section shall not apply to a local farmer transporting his or her own farm products or materials incidental to [his] a local farming [operations] operation where such transporting requires incidental use of a way, provided that such farmer shall not thereby be relieved of his or her duty to exercise reasonable care [in carrying on such operations] to prevent hazardous spillage.
7 Flashing Lamps; Pavement Marking. Amend RSA 266:78-e to read as follows:
266:78-e Other Flashing Lamps Prohibited. Only authorized emergency vehicles and vehicles of the department of transportation when engaged in pavement marking and line striping operations may be equipped with a device that provides for alternate flashing of headlamps.
8 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0457
Amended 03/23/09
HB 629 FISCAL NOTE
AN ACT revising certain motor vehicle laws.
FISCAL IMPACT:
The Department of Safety, Judicial Branch, Judicial Council, Department of Corrections, and New Hampshire Association of Counties state this bill, as amended by the House (Amendment #2009-0329h), will have an indeterminable fiscal impact on state revenues and state and county expenditures in FY 2010 and each year thereafter. There will be no fiscal impact on county and local revenues or local expenditures.
METHODOLOGY:
The Department of Safety states this bill revises certain motor vehicle laws and directs uniform carrier registration fees to the highway fund from the general fund. The Department assumes this bill will take effect in FY 2010 and that revenues from uniform carrier registration fees will remain flat. Based on FY 2008 data, the Department states under this bill general fund revenues will decrease and highway fund revenues will increase by $1,361,000 in FY 2010 and each year thereafter. Any increase in highway fund revenue will increase highway fund expenditures and local revenue by 12% of the increase; therefore highway fund expenditures and local revenue will increase by $163,320 (12% of $1,361,000) in FY 2010 and each year thereafter.
In addition, this legislation will establish penalties for not meeting the requirements of registration up to $500 for the first offense and $1,000 for any subsequent offense in a 12-month period. To the extent penalties are paid to the court, general fund revenues will increase, while penalties remitted by mail will be deposited in the highway fund. The penalty assessment, 20% of the fine amount, is split three ways, with 65% percent directed to the Police Standards and Training Council Training Fund, 20% directed to the Victims’ Assistance Fund, and the remainder deposited in the general fund. The bill also requires a $25 fee for a decal or plate to move non-tractor implements of husbandry weighing no more than 15,000 pounds, or $50 for implements of 15,001 pounds or more. Because the Department is unable to estimate the number of uniform carrier registration violations likely to occur, or estimate the number of husbandry instrument decal or plates requested, the fiscal impact cannot be determined at this time.
The Judicial Branch states this bill may result in an indeterminable increase in general fund expenditures. The Branch states this bill establishes a new offense for violation of the unified carrier registration requirements. The Branch states the cost of a violation is the same as an unspecified misdemeanor case in the district court is $35.75 in FY 2010 and each year thereafter. At this rate, if the proposed bill resulted in 280 additional violation charges annual, the bill would have a fiscal impact in excess of $10,000. The Branch has no information to estimate how many charges would be brought to determine the fiscal impact on expenditures. The possibility of appeals makes the number of cases required for a fiscal impact above $10,000 significantly fewer.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states this bill adds driving after revocation or suspension, negligent driving, and driving while in possession of drugs to the list of charges in the habitual offender statute. To the extent motor vehicle offenses are raised to the level of habitual offender and the indigent individual faces the potential of incarceration, counsel will be appointed. The flat fee of $275 per misdemeanor or $756.24 per felony B level is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge and $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal. As the Council cannot predict the likely number of charges requiring defense, the fiscal impact cannot be determined at this time.
The Department of Corrections states to the extent more individuals are incarcerated for habitual offenses, this bill may increase state expenditures by an indeterminable amount in FY 2010 and each year thereafter. The Department states the cost to include average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2008 was $32,753. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2008 was $779. The Department is unable to predict the number of individuals that might be impacted.
The New Hampshire Association of Counties states to the extent more individuals are certified as habitual offenders and are sentenced to incarceration in a county correctional facility, county expenditures may increase. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $30,165 a year.