HB 571-FN – AS INTRODUCED
2009 SESSION
03/05
HOUSE BILL 571-FN
AN ACT relative to limited driving privileges for certain persons whose licenses have been revoked or suspended and relative to DWI convictions.
SPONSORS: Rep. R. Holden, Hills 7; Rep. Sapareto, Rock 5; Rep. Welch, Rock 8; Rep. DiFruscia, Rock 4; Rep. Craig, Hills 9
This bill authorizes limited driving privileges for certain persons whose licenses have been revoked or suspended. This bill also modifies the requirements for having a DWI conviction reduced to a violation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0850
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to limited driving privileges for certain persons whose licenses have been revoked or suspended and relative to DWI convictions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Driver’s License Fees; Restoration. Amend RSA 263:42, V to read as follows:
V.(a) Whenever a driver’s license has been suspended or revoked, or notwithstanding RSA 263:56-a, III, whenever the holder of a commercial driver license has been disqualified for a period of greater than 15 days, a fee of $100 shall be paid by the licensee for the restoration of such license or commercial driver license; provided, however, that in the event of a license suspension under RSA 263:14, a fee of $50 shall be paid by the licensee for the restoration of the original or youth operators’ license. Under certain conditions the commissioner may waive the restoration fee for a default or suspension. The commissioner shall adopt rules, under RSA 541-A, relative to such waiver procedures.
(b) Whenever a driver’s license has been suspended or revoked and a limited privilege license is issued under RSA 263:57-b, a fee of $50 shall be paid by the licensee for the issuance of the limited privilege license.
2 New Section; Limited Privilege License After Revocation or Suspension. Amend RSA 263 by inserting after section 57-a the following new section:
263:57-b Limited Privilege License After Revocation or Suspension.
I. Notwithstanding any provision of law to the contrary, if a person commits an offense which results in the suspension or revocation of such person’s driver’s license, he or she may petition the court, or the director if the suspension was authorized under RSA 263:56, for a limited privilege license. To qualify for consideration, the person shall submit an application that demonstrates the need for the license. Satisfactory evidence must be presented:
(a) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment.
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
(c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program.
(d) That the person or a member of the person’s immediate family requires medical treatment on a regular basis and the person must operate a motor vehicle in order that the treatment may be obtained.
II. A person whose suspension or revocation was the result of the following offenses shall not be eligible for a limited privilege license:
(a) RSA 259:39, habitual offender.
(b) RSA 264:25, conduct after accident.
(c) RSA 265:79-a, vehicular assault.
(d) RSA 265-A:3, aggravated driving while intoxicated.
(e) RSA 630:3, negligent homicide.
III. Neither the court nor the director may issue a limited privilege license to a person whose license was revoked or suspended pursuant to RSA 265-A:18 or RSA 265-A:30 until the following minimum periods of suspension or revocation are satisfied:
(a) For a period of 90 days after the beginning of the suspension or revocation if the suspension or revocation is for refusal to take an alcohol concentration test under RSA 265-A:30.
(b) For a period of 30 days after the beginning of the suspension or revocation after completion of the impaired driver intervention program, whichever occurs first, if the suspension or revocation is the result of a conviction of a first offense under RSA 265-A:18.
(c) For a period of 90 days after the beginning of the suspension or revocation or after completion of the multiple DWI offender intervention detention center program if the suspension or revocation is the result of a conviction of a second or subsequent offense under RSA 265-A:18.
IV. A limited privilege license shall limit the person’s driving privileges:
(a) To the times, places, and days determined to be necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, or to obtain required medical treatment for the person or a member of the person’s immediate family.
(b) To times, places, and days that are specifically stated.
V. A person with a limited privilege license shall not operate a vehicle registered to the licensee or to any person who shares the same residence as the licensee unless the number plate of vehicle bears a decal issued by the department indicating that the operator may possess a limited privilege license.
VI. Limited privilege licenses shall expire on the date specified by the court or the director.
VII. A violation of this section or the terms of the limited privilege license shall be considered a violation of RSA 263:64 and the limited privilege license shall be revoked.
3 DWI Conviction; Reduction. Amend RSA 265-A:18, I(a)(6) to read as follows:
(6) The court in which the person was convicted may reduce the conviction to a violation upon a motion filed by either party [at least one year after the date of the conviction] after the person has furnished proof of successful completion of an impaired driver intervention program. In deciding whether to reduce the conviction to a violation, the court may consider the person’s subsequent driving record, any evidence of drug or alcohol treatment, the hardship that having a criminal record may cause for the person, and any other factors that the court deems relevant.
4 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0850
01/21/09
HB 571-FN - FISCAL NOTE
AN ACT relative to limited driving privileges for certain persons whose licenses have been revoked or suspended and relative to DWI convictions.
FISCAL IMPACT:
The Department of Safety states this bill will increase state highway fund revenue, state highway fund expenditures, and local revenue by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on county and local expenditures, or county revenue.
METHODOLOGY:
The Department of Safety states this bill would authorize limited driving privileges for certain persons whose licenses have been revoked or suspended. The Division of Motor Vehicles asserts that it cannot estimate how much additional revenue might be received from the $50 fee from issuances of limited licenses, because it has no way to estimate the number of limited licenses that would be requested, nor how many would actually be issued. The division also cannot estimate any increase in state expenditures that may be required for additional computer programming costs to implement this change, but the costs may be significant. Also any increase in highway fund revenue would cause an increase in highway fund expenditures to local governments for local highway aid (12% of the increase in highway fund revenue).