Bill Text - SB25 (2017)

Relative to small claims resulting from accidents due to activities of the department of transportation.


Revision: March 30, 2017, 2:48 p.m.

SB 25 - AS AMENDED BY THE SENATE

 

02/23/2017   0474s

2017 SESSION

17-0809

06/09

 

SENATE BILL 25

 

AN ACT relative to small claims resulting from accidents due to activities of the department of transportation.

 

SPONSORS: Sen. D'Allesandro, Dist 20

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill raises the amount the commissioner of transportation may pay to one person for small claims resulting from accidents due to activities of the department of transportation.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/23/2017   0474s 17-0809

06/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to small claims resulting from accidents due to activities of the department of transportation.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Commissioner of Transportation; Small Claims.  Amend RSA 228:29 to read as follows:

228:29  Small Claims.  With the approval of the governor and council, the commissioner may use the funds accruing to his or her department for the payment of small claims occasioned by accidents due to the activities of his or her department.  No such claim shall be paid to any one person in an amount of over [$600] $1,000.  Any person claiming damage due to the activities of the department of transportation in an amount of less than [$600] $1,000 may make application to the commissioner for payment thereof.  Said application shall be filed within 60 days of the date of the accident.  If the commissioner upon investigation is of the opinion that the damage was caused because of activities of the department, he or she shall submit his or her recommendation to the governor and council for approval.

2  Commissioner of Transportation; Small Claims; 2018.  RSA 228:29 is repealed and reenacted to read as follows:

228:29  Small Claims.  With the approval of the governor and council, the commissioner may use the funds accruing to his or her department for the payment of small claims occasioned by accidents due to the activities of his or her department.  No such claim shall be paid to any one person in an amount of over $1,500.  Any person claiming damage due to the activities of the department of transportation in an amount of less than $1,500 may make application to the commissioner for payment thereof.  Said application shall be filed within 60 days of the date of the accident.  If the commissioner upon investigation is of the opinion that the damage was caused because of activities of the department, he or she shall submit his or her recommendation to the governor and council for approval.

3  Commissioner of Transportation; Small Claims; 2019.  RSA 228:29 is repealed and reenacted to read as follows:

228:29  Small Claims.  With the approval of the governor and council, the commissioner may use the funds accruing to his or her department for the payment of small claims occasioned by accidents due to the activities of his or her department.  No such claim shall be paid to any one person in an amount of over $2,000.  Any person claiming damage due to the activities of the department of transportation in an amount of less than $2,000 may make application to the commissioner for payment thereof.  Said application shall be filed within 60 days of the date of the accident.  If the commissioner upon investigation is of the opinion that the damage was caused because of activities of the department, he or she shall submit his or her recommendation to the governor and council for approval.

4  Effective Date.  

I.  Section  2 of this act shall take effect July 1 2018.

II.  Section 3 of this act shall take effect July 1, 2019.

III.  The remainder of this act shall take effect July 1, 2017.

 

LBAO

17-0809

Amended 3/10/17

 

SB 25- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2017-0474s)

 

AN ACT relative to small claims resulting from accidents due to activities of the department of transportation.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill incrementally increases the claim amount the Department of Transportation can pay claimants for damages caused because of activities of the Department from $600 to $1,000 in FY 2018, $1,500 in FY 2019, and $2,000 in FY 2020.  The Department estimates an increase to Highway Fund expenditures and decrease to General Fund expenditures of $17,600 beginning in FY 2018, and each year thereafter, based on applying the $2,000 threshold to claims made in FY 2014, FY 2015, and FY 2016.  Any amounts above the Department's threshold is paid through the General Fund which would result in a decrease by the same amount.  Under current law, the Department states there were 115 claims with the Department in FY 2014, 81 in FY 2015, and 49 in FY 2016 in which a Program Specialist I, LG19 dedicates 50 percent of their time facilitating. This bill potentially results in more claims being filed with the Department, which would then necessitate hiring a part-time position at an estimated cost of $21,000 in FY 2018 through FY 2021.

 

AGENCIES CONTACTED:

Department of Transportation