SB165 (2018) Detail

Authorizing periodic payments as security after a motor vehicle accident.


CHAPTER 96

SB 165-FN - FINAL VERSION

 

01/03/2018   2546s

2018 SESSION

17-0852

03/09

 

SENATE BILL 165-FN

 

AN ACT authorizing periodic payments as security after a motor vehicle accident.

 

SPONSORS: Sen. Soucy, Dist 18; Sen. Feltes, Dist 15; Sen. Birdsell, Dist 19; Rep. Steven Smith, Sull. 11; Rep. McBeath, Rock. 26

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill authorizes the director of the division of motor vehicles to order periodic payments as security after an accident which resulted in death, personal injury or damages to property.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/03/2018   2546s 17-0852

03/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT authorizing periodic payments as security after a motor vehicle accident.

 

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

 

96:1  New Section; Motor Vehicles; Financial Responsibility; Form of Security; Periodic Payments.  Amend RSA 264 by inserting after section 4 the following new section:

264:4-a  Form of Security; Periodic Payments.

I.  The director shall consider whether an individual subject to suspension of license and registration certificate and surrender of registration plates under RSA 264:3 has the ability to pay the security required under RSA 264:4 in full.  If the individual does not have the ability to pay in full, the director shall order the individual to make such periodic payments as the director in his or discretion deems appropriate.  The director shall not suspend the individual's license and registration certificate nor require surrender of the individual's registration plates provided the individual makes the periodic payments as ordered.

II.  The director shall not order periodic payments from any income that is exempt from execution, levy, attachment, garnishment, or other legal process.  If the individual does not have any income that is not exempt from execution, levy, attachment, garnishment, or other legal process, the director shall not suspend the individual's license and registration certificate nor require surrender of the individual's registration plates.

III.  If the individual subject to suspension of license and registration certificate and surrender of registration plates under RSA 264:3 fails to pay any periodic payments as ordered by the director under paragraph I, then upon notice of such default the director shall suspend the license and registration certificate and require surrender of the registration plates until all payments have been made as ordered.

IV.  The aggrieved person or his or her legal representative may request review of the director's order requiring periodic payments not sooner than 6 months from the date of the order.

V.  The individual ordered to make periodic payments may request review of the director's order upon change in his or her circumstances.

VI.  Nothing in this section shall relieve the individual subject to suspension of license and registration certificate and surrender of registration plates under RSA 264:3 from the requirement to give and maintain proof of financial responsibility in the future.

VII.  The director shall adopt rules, pursuant to RSA 541-A, relative to:

(a)  The periodic payment hearing process.

(b)  A definition of the ability to pay.

(c)  Process for minors subject to suspension under this section.

96:2  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 25, 2018

Effective Date: July 24, 2018

 

 

Links

SB165 at GenCourtMobile

Action Dates

Date Body Type
Feb. 7, 2017 Senate Hearing
Jan. 3, 2018 Senate Floor Vote
April 3, 2018 House Hearing
April 10, 2018 House Exec Session
House Floor Vote
April 19, 2018 House Floor Vote

Bill Text Revisions

SB165 Revision: 4014 Date: May 30, 2018, 1:47 p.m.
SB165 Revision: 3531 Date: April 20, 2018, 9:04 a.m.
SB165 Revision: 2831 Date: Jan. 12, 2018, 10:27 a.m.
SB165 Revision: 2582 Date: Jan. 25, 2017, 9:22 a.m.

Docket

Date Status
Jan. 19, 2017 Introduced 01/19/2017 and Referred to Judiciary; SJ 5
Feb. 7, 2017 Hearing: 02/07/2017, Room 100, SH, 09:00 am; SC 9
Feb. 16, 2017 Committee Report: Rereferred to Committee, 02/16/2017; Vote 5-0; CC; SC 10
Feb. 16, 2017 Rereferred to Committee, MA, VV; 02/16/2017; SJ 6
Jan. 3, 2018 Committee Report: Ought to Pass with Amendment # 2017-2546s, 01/03/2018; Vote 5-0; CC; SC 48
Jan. 3, 2018 Ought to Pass with Amendment 2017-2546s, MA, VV; OT3rdg; 01/03/2018; SJ 1
Jan. 3, 2018 Committee Amendment # 2017-2546s, AA, VV; 01/03/2018; SJ 1
Jan. 3, 2018 Ought to Pass with Amendment 2017-2546s, MA, VV; OT3rdg; 01/03/2018; SJ 1
March 7, 2018 Introduced 03/07/2018 and referred to Transportation HJ 7 P. 50
April 3, 2018 Public Hearing: 04/03/2018 01:00 PM LOB 203
April 10, 2018 Executive Session: 04/10/2018 LOB 203
Committee Report: Ought to Pass (Vote 15-0; CC)
April 19, 2018 Committee Report: Ought to Pass for 04/19/2018 (Vote 15-0; CC) HC 15 P. 10
April 19, 2018 Ought to Pass: MA VV 04/19/2018 HJ 13 P. 12
April 26, 2018 Enrolled 04/26/2018
April 26, 2018 Enrolled (In recess 04/26/2018); SJ 15
May 25, 2018 Signed by the Governor on 05/25/2018; Chapter 0096; Effective 07/24/2018