Revision: Dec. 27, 2018, 3:03 p.m.
HB 236-FN - AS INTRODUCED
HOUSE BILL 236-FN
SPONSORS: Rep. Spillane, Rock. 2; Rep. Horn, Merr. 2; Rep. Potucek, Rock. 6; Rep. Gay, Rock. 8; Rep. Bershtein, Rock. 2; Rep. Hinch, Hills. 21; Rep. Janigian, Rock. 8
This bill increases the fine and imposes mandatory license suspensions for persons who illegally pass school buses.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a violation and shall be fined [$150] $500 plus penalty assessment for a first offense, and shall be fined not less than [$250] $500 nor more than $1,000 for a subsequent offense. In addition, the director [may] shall suspend the person's license to drive or nonresident driving privilege for a period of 10 days for a first offense and for a period of at least 15 and up to 30 days for a second or subsequent offense.
HB 236-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ X ] Highway [ X ] Other - Restricted Cost of Collection*, Victims' Assistance Fund, Judicial Branch IT Fund
*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.
This bill increases the fine and imposes a mandatory license suspension for persons who illegally pass school buses. The Judicial Branch assumes the increase in the fine will not impact the average of approximately 160 cases per year of persons violating RSA 265:54, therefore the Branch would experience no change in expenditures. The Branch reports nearly all violations of RSA 265:54 are committed by first time offenders. Therefore, the $350 fine increase for first time offenders multiplied by the 160 cases a year would increase fine revenue by an estimated $56,000 a year. Additionally, a 24% penalty assessment would be imposed on those violators which would produce an estimated additional $13,440 to the following funds: $8,959.10 to the general fund, $2,240.45 to the victims’ assistance fund, and $2,240.45 to the judicial branch information technology fund.
The Department of Safety states this bill will increase expenditures by an indeterminable amount due to: 1) potential increases in administrative actions and activity needed to process license suspensions, and 2) reprogramming of the VISION system to match the new fine structure.
Department of Safety and Judicial Branch