Revision: Jan. 23, 2012, midnight
SB 272-FN – AS INTRODUCED
2012 SESSION
04/09
SENATE BILL 272-FN
SPONSORS: Sen. Boutin, Dist 16
This bill makes truancy a violation for any minor who is 12 years of age or older and provides for a fine for the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2893
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to truancy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; School Board; Violation for Truancy. Amend RSA 189 by inserting after section 36 the following new section:
189:36-a Truancy; Violation.
I. No person who is 12 years of age or older who violates the provisions of RSA 189:35-a or RSA 189:36 shall be considered a delinquent child under RSA 169-B or a child in need of services under RSA 169-D.
II. A minor who violates the provisions or RSA 189:35-a or RSA 189:36 shall be guilty of a violation and shall be fined not more than $25 for each offense.
2 Delinquent Children; Limitations of Authority Conferred. Amend RSA 169-B:32 to read as follows:
169-B:32 Limitations of Authority Conferred. This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation or boats, a fish and game law, a law relating to title XIII, a law relating to fireworks under RSA 160-B or RSA 160-C, any town or municipal ordinance which provides for a penalty not exceeding $100 plus the penalty assessment, [and shall not be construed as applying] or to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under 18 years of age, or to any minor who is at least 12 years of age who is charged with a violation for truancy under RSA 189:36-a. However, if incarceration takes place at any stage in proceedings on such violations, incarceration shall be only in a juvenile facility certified by the commissioner of the department of health and human services.
3 Children in Need of Services; Limitations of Authority Conferred. Amend RSA 169-D:22 to read as follows:
169-D:22 Limitations of Authority Conferred. This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation of boats, a fish and game law, a law relating to title XIII, [or] a law relating to fireworks under RSA 160-B or RSA 160-C, [and shall not be construed as applying] or to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under 18 years of age, or to any minor who is at least 12 years of age who is charged with a violation for truancy under RSA 189:36-a.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2893
Revised 01/23/12
SB 272 FISCAL NOTE
AN ACT relative to truancy.
FISCAL IMPACT:
The Department of Education, Judicial Branch, and New Hampshire Municipal Association state this bill may increase state or local revenue and expenditures by an indeterminable amount in FY 2013 and each year thereafter. There is no impact on county revenue or expenditures.
METHODOLOGY:
The Department of Education and the New Hampshire Municipal Association state this bill establishes that a minor who is twelve years of age or older and who violates the state’s truancy laws shall be guilty of a violation and shall be fined not more than $25 for each offense. Both entities feel this bill is unclear as to who would be responsible for enforcing these provisions and collecting the fine revenue, but they assume revenue from fine collection and expenditures due to enforcing and processing the violations will both increase by indeterminable amounts in FY 2013 and each year thereafter. The Department of Education does not collect data on the age of students who are truant, but it states 13,709 were reported truant during the 2010-2011 school year. The Department states the majority of truant students are over the age of 12, so, assuming a rate of 90% over 12, if the truancy violation fine was in place during the 2010-2011 school year, then the Department estimates fines charged of $308,453 (90% x 13,709 truant students x $25 fine). However, the Department also states the existence of a truancy fine may have a significant deterrent effect on truancy rates and collection of the fines may prove difficult.
The Judicial Branch has no information on which to estimate the increase in violations as a result of this bill, although it can provide the average per case cost for processing these types of cases. The Branch states all costs are estimated based on case weight information from the last needs assessment completed in 2005. The Branch states a violation will cost $41.92 per case in FY 2013 and $43.20 per case in FY 2014 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.
The Department of Justice states such violations are typically handled by local prosecutors, so it assumes this bill will have no fiscal impact on the Department.
The Department of Health and Human Services states this bill exempts truancy from the application of Delinquent Children and Children in Need of Services statutes. The Department states truancy is not currently within the scope of either set of statutes, so specifically exempting it in this bill should have no fiscal impact to the Department.