HB 496-FN – VERSION ADOPTED BY BOTH BODIES
HOUSE BILL 496-FN
This bill authorizes limited driving privileges for eligible first-time DWI offenders to facilitate employment, rehabilitation, education, job training, and medical treatment.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to driving privileges for certain first-time DWI offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Application of Receipts; General Revenue Exceptions. Amend RSA 6:12, I(b) by inserting after subparagraph (316) the following new subparagraph:
(317) Moneys deposited in the limited privilege license fund established in RSA 263:42, V(b).
2 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. There is hereby established a limited privilege license fund, and fees collected under this subparagraph shall be deposited in the fund. Moneys in the fund shall be continually appropriated to the department to cover the expenses of implementation, oversight, and supervision of the limited privilege license program and supervision of the ignition interlock program, and shall not lapse.
3 New Section; Limited Driving Privilege After Revocation or Suspension. Amend RSA 263 by inserting after section 57-a the following new section:
263:57-b Limited Driving Privilege After Revocation or Suspension.
I. Notwithstanding any provision of law to the contrary, if a person is convicted of a first offense under RSA 265-A:2, I, not including any conviction involving driving a commercial motor vehicle, he or she may petition the court for a restoration of his or her operator’s license with limited driving privileges. To qualify for consideration, the person shall submit proof of financial responsibility in accordance with RSA 265-A:28 and an application that demonstrates the need for the license. Satisfactory evidence of at least one of the following must be presented, including satisfactory proof from the employer, program, medical treatment facility, state-approved educational institution, or other destination:
(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.
(e) That the person must operate a motor vehicle to continue his or her education.
(f) That the person must operate a motor vehicle to attend job training.
II. A license restored under this section 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, to continue his or her education, to attend job training, 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.
(c) To vehicles equipped with enhanced technology ignition interlock devices.
III. A license restored under this section shall not be effective until the person’s license has been suspended or revoked, either pursuant to criminal penalty or administrative suspension, for at least 45 days and shall expire on the date specified by the court.
IV. A violation of this section or the terms of the license restored under this section shall be considered a violation of RSA 263:64 and the license shall be revoked.
V. A person granted a limited privilege license under this section shall deliver a copy of the court order granting the limited privilege license to the law enforcement agency in the city or town in which he or she resides. When operating a motor vehicle, a person granted a limited privilege license under this section shall have a copy of the court order granting the limited privilege license upon his or her person or in some easily accessible place within the vehicle.
4 Effective Date. This act shall take effect January 1, 2016.
HB 496-FN FISCAL NOTE
AN ACT relative to driving privileges for certain first-time DWI offenders.
The Department of Safety and Judicial Council state this bill, as amended by the House (Amendment #2013-2250h), will increase state revenues, and state and local expenditures by an indeterminable amount in FY 2015 and each year thereafter. There will be no impact on county revenues or expenditures.
The Office of Legislative Budget Assistant is awaiting information from the Judicial Branch relative to the potential fiscal impact of this bill.
The Department of Safety states this bill authorizes limited driving privileges for eligible individuals to for certain allowable purposes. The Department states it expects to see an increase in state highway fund expenditures for database, form, and website changes, training and a new type of driver license identification card. The Department states it may also incur an increase in highway fund revenue as the fee for such a driver’s license would be collected. The Department also states this bill may result in the increase of local expenditures relative to law enforcement training. As the Department is unable to estimate how many individuals may qualify for the limited driving privilege license established under this bill it cannot estimate the bill’s impact on revenues or expenditures.
The Judicial Council states the bill may decrease the Council’s expenditures by an indeterminable amount in FY 2015 and each year thereafter. The Council assumes that, because a DWI first offense does not carry the potential for incarceration and thus does not trigger the right to appointed counsel at state expense, the bill will not increase demand for court-appointed lawyers. The Council states that, by allowing those who have been convicted of a DWI offense to have their license restored under certain conditions, the bill may result in fewer people being prosecuted for driving after their license has been revoked. However, because the bill requires individuals to have a vehicle equipped with an enhanced technology ignition interlock device as a prerequisite to getting their license restored, the Council assumes most people who petition to have their license restored will not be indigent. For this reason, the Council assumes that only a small number of “operating after revocation” cases will be removed from the indigent-defense system as a result of the bill.