HB 634-FN-A - AS INTRODUCED
HOUSE BILL 634-FN-A
SPONSORS: Rep. Brewster, Merr. 21
COMMITTEE: Criminal Justice and Public Safety
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Reference Removed; Special Fund. Amend RSA 6:12, I(b)(23) to read as follows:
(23) The assessments collected under RSA [188-F:31 and] 651:63, V and the surcharges on state commissary purchases under RSA 622:7-b designated for the victims' assistance fund which shall be credited to the victims' assistance fund until that fund exceeds $900,000, at which time moneys in excess of $900,000 shall be credited to the general fund.
2 Waiver in Lieu of Court Appearance. Amend RSA 262:44, I to read as follows:
I. Such defendant shall receive, in addition to the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles'' which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of the division of motor vehicles within 30 days of the date of the summons. The director of the division of motor vehicles may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is credited as agency income and not out of the penalty assessment charged by the district court. [The director of the division of motor vehicles shall remit the penalty assessments collected to the state treasurer to be credited and continually appropriated to the state general fund and to the victims' assistance fund and the judicial branch information technology fund in the percentages and manner prescribed in RSA 188-F:31.] Fines shall be paid over to the state treasurer, and shall be credited as agency income by the department of safety within 14 days of their receipt and shall not lapse to the general fund until the second year of each biennium.
3 Judicial Branch Information Technology Fund. Amend RSA 490:26-h, I(a) to read as follows:
(a) Thirty percent of each entry fee collected in the supreme, superior, and circuit courts [and 16.67 percent of the penalty assessment collected pursuant to RSA 188-F:31] shall be deposited in the judicial branch information technology fund.
4 Repeal. RSA 188-F:31, relative to penalty assessment, waiver of penalty, is repealed.
HB 634-FN-A- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ X ] Victims Assistance Fund and Judicial Branch IT Fund
The Judicial Branch was originally contacted on January 6, 2017, and again on January 18, 2017 for a fiscal note worksheet, which the Branch has not provided as of January 23, 2017.
This bill repeals the penalty assessment under RSA 188-F:31. Under existing law the Department of Justice receives 16.67 percent of all penalty assessments collected for deposit in the Victims Assistance fund. During the past five years this fund received approximately $789,000 in penalty assessments. An average of $650,000 was paid out in victims' compensation and $120,000 was granted to victim services organizations. The Department of Justice receives a small federal grant for victims' compensation that is 100 percent dependent upon the amount of state funds awarded. RSA 21-M:8-h, XI, authorizes the Attorney General to request general funds if there is an insufficient amount of money in the Victims Assistance Fund to pay all authorized victims' compensation claims, with approval of the fiscal committee and governor and council. Consequently, the Department of Justice assumes it would need to ask for $650,000 in general funds to compensate current victim claims, already approved and future claims pursuant to RSA 21-M:8-g. Additionally, the Department assumes it would no longer be able to provide grants to victim service groups.
The Department of Safety collects the plea by mail portion of the penalty assessment. In FY 2016 plea by mail was allocated as follows:
FY 2016 Plea By Mail Revenue Allocation
(In FY 2016 and years prior this was for Police Standards and Training Fund)
Victims' Assistance Fund
Judicial Branch Information Technology Fund
The Department of Safety anticipates state revenue will decrease by an indeterminable in future years because the amount of plea by mail revenue the state will receive is unknown. Using FY 2016 as a guide, the Department expects the decrease to be over $2 million. The Department states it would need to make programming changes to the Online Ticket Pay system and the Division of Motor Vehicles Vision system. The programming changes are expected to cost less than $10,000.
Department of Safety, Department of Justice, and Judicial Branch
|Feb. 7, 2017||House||Hearing|
|Feb. 22, 2017||House||Exec Session|
|March 8, 2017||House||Floor Vote|
March 8, 2017: Inexpedient to Legislate: MA VV 03/08/2017 HJ 9 P. 17
March 8, 2017: Committee Report: Inexpedient to Legislate for 03/08/2017 (Vote 20-0; CC) HC 14 P. 10
Feb. 22, 2017: Executive Session: 02/22/2017 10:30 AM LOB 204
Feb. 7, 2017: Public Hearing: 02/07/2017 01:30 PM LOB 204
Jan. 5, 2017: Introduced 01/05/2017 and referred to Criminal Justice and Public Safety HJ 3 P. 23