Revision: March 6, 2012, midnight
SB 285 – AS AMENDED BY THE SENATE
02/08/12 0431s
2012 SESSION
03/09
SENATE BILL 285
AN ACT authorizing suspension or revocation of a driver’s license for serious boating offenses and relative to loss of motorboat privileges for aggravated driving while intoxicated.
SPONSORS: Sen. Forrester, Dist 2; Sen. Luther, Dist 12; Sen. Groen, Dist 6; Sen. De Blois, Dist 18; Rep. Fields, Belk 2; Rep. Chandler, Carr 1; Rep. Greemore, Belk 3
This bill authorizes suspension or revocation of a driver’s license for serious boating offenses. This bill also requires loss of the privilege to operate a motorboat for the same period of time as the loss of driving privileges for aggravated driving while intoxicated.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/08/12 0431s
12-2833
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT authorizing suspension or revocation of a driver’s license for serious boating offenses and relative to loss of motorboat privileges for aggravated driving while intoxicated.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Authority to Suspend or Revoke License. Amend RSA 263:56, I(g) to read as follows:
(g) Has by reckless or unlawful operation of a motor vehicle or boat caused or materially contributed to an accident resulting in death or injury to any other person or serious property damage;
2 Authority to Suspend or Revoke License; Boat Operator. Amend the introductory paragraph of RSA 263:56, I to read as follows:
I. In addition to any other authority provided by law, the director is hereby authorized to revoke or suspend any license, permit or certificate issued under this title after a hearing upon a showing by its records or other sufficient evidence that the driver or boat operator:
3 Loss of Motorboat Privileges; Aggravated Driving While Intoxicated. Amend RSA 265-A:20 to read as follows:
265-A:20 Loss of Motorboat Privileges. Any person who is convicted of a violation of RSA 265-A:2, I involving a motor vehicle shall lose the privilege to operate a motorboat on the waters of this state for a period of one year from the date of conviction. Any person who is convicted of a violation of RSA 265-A:3 shall lose the privilege to operate a motorboat on the waters of this state for the same period of time as the loss of driving privileges.
4 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2833
Amended 02/29/12
SB 285 FISCAL NOTE
AN ACT authorizing suspension or revocation of a driver’s license for serious boating offenses and relative to loss of motorboat privileges for aggravated driving while intoxicated.
FISCAL IMPACT:
The Department of Safety states this bill, as amended by the Senate (Amendment #2012-0431s), will increase state highway fund expenditures by $39,875 in FY 2013, may increase state highway fund revenue by an indeterminable amount in FY 2013 and each year thereafter, and may increase state highway fund expenditures and local revenue by an indeterminable amount in FY 2014 and each year thereafter. There is no fiscal impact on county revenue or county or local expenditures.
METHODOLOGY:
The Department of Safety states this bill authorizes suspension or revocation of driver licenses for serious boating offenses and requires those who are convicted of aggravated driving while intoxicated to lose boating privileges in the state. The Department cannot predict the number of any increase in license suspensions, but it states any such increase would lead to an increase in highway fund revenue of an indeterminable amount due to a rise in license restoration fees. The Department does not expect any costs associated with this bill’s expansion of those subject to the loss of boating privileges, and it also assumes any additional hearings required as a result of this bill could be handled with existing Department resources, although it also states a sharp increase in those hearings could necessitate additional staff. The Department also states this bill would require programming changes and database and table updates to its computer system and changes to certain hard copy forms. The Department estimates the computer system changes to cost $39,375 (225 consultant hours x $175 per hour) and the form changes to cost $500, for a total cost in FY 2013 of $39,875. The Department states the possible increase of an indeterminable amount each year in state highway fund revenue would also increase state expenditures each year by an indeterminable amount, with a corresponding increase in local revenue. Pursuant to RSA 235:213, 12% of certain highway fund revenues in each year are paid to municipalities in the subsequent year as part of the local block grant aid program. The Department cannot estimate the amounts of these increases.