HB 1469 - AS INTRODUCED
2016 SESSION
\t16-2521
\t05/09
HOUSE BILL\t1469
AN ACT\trelative to the restriction of drivers' licenses for nonpayment of child support.
SPONSORS:\tRep. Eastman, Hills. 28; Rep. Oligny, Rock. 34
COMMITTEE:\tTransportation
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ANALYSIS
\tThis bill permits the department of health and human services to restrict an individual's driver's license for nonpayment of child support. The individual's license shall be restricted in the manner specified by the department of safety.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2521
\t05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the restriction of drivers' licenses for nonpayment of child support.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Support of Dependent Children; Restriction, Revocation, and Denial of Licenses. Amend the section heading of RSA 161-B:11 and RSA 161-B:11, I to read as follows:
\t161-B:11 Restriction, Revocation and Denial of Licenses.
\t\tI. The department shall be authorized to certify that an obligor is not in compliance with a legal order of support, or that any party has failed, after receiving notice, to comply with subpoenas or orders relating to paternity or child support proceedings, to any licensing board for the purpose of suspending, revoking, or denying the issuance or renewal of any appropriate license or licenses held by the obligor or party; provided that the obligor's driver's license shall not be suspended or revoked, but may be restricted to employment-related activity pursuant to RSA 263:57-c.
\t2 License Restriction for Nonpayment of Child Support. Amend the introductory paragraph of RSA 161-B:11, III(b) to read as follows:
\t\t\t(b) If the obligor does not request a supervisory review within 21 days of service and is not in compliance with the legal order of support, the department may certify the obligor to [any] the appropriate board for the purpose of suspending, revoking, or denying the issuance or renewal of any appropriate license or licenses, or to the department of safety, division of motor vehicles for the purpose of restricting a driver's license under RSA 263:57-c, unless:
\t3 License Restriction for Nonpayment of Child Support. Amend RSA 161-B:11, IV to read as follows:
\t\tIV. Within 10 days of certification, the appropriate board shall notify the obligor that the obligor's license or licenses have been revoked due to such certification. Within 10 days of certification of a driver's license, the department of safety, division of motor vehicles shall notify the obligor that his or her license shall be restricted in accordance with RSA 263:57-c.
\t4 New Section; Driving Privilege Restriction for Nonpayment of Child Support. Amend RSA 263 by inserting after section 57-b the following new section:
\t263:57-c Driving Privilege Restriction for Nonpayment of Child Support.
\t\tI. Upon certification of a license restriction under RSA 161-B:11, the department shall notify the individual that his or her license is restricted to use for work or employment-related activity. In order for the license to remain valid, the person shall submit satisfactory evidence of at least one of the following:
\t\t\t(a) That the person must operate a motor vehicle as a requisite of the person's occupation or employment.
\t\t\t(b) That the person must operated a motor vehicle to seek employment or to get to and from a place of employment.
\t\tIII. A license restricted under this section shall limit the person's driving privileges:
\t\t\t(a) To the times, places, and days determined to be necessary for employment.
\t\t\t(b) To times, places, and days that are specifically stated.
\t\tIV. Prior to a license restriction under this section, the department shall send written notice of the proposed action to the obligor, including notice of the obligor's right to request a due process hearing relative to the terms and conditions of the license restriction.
\t\tV. The department shall adopt rules, under RSA 541-A, relative to the requirements of this section.
\t5 Effective Date. This act shall take effect January 1, 2017.