Bill Details - HB674 (2019)

HB 674-FN - AS INTRODUCED

 

 

2019 SESSION

19-0655

11/05

 

HOUSE BILL 674-FN

 

AN ACT relative to the impoundment of motor vehicles.

 

SPONSORS: Rep. Klee, Hills. 30; Rep. Webb, Rock. 6; Rep. Craig, Coos 4; Rep. Harriott-Gathright, Hills. 36

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill clarifies the circumstances under which a vehicle may be removed and impounded.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0655

11/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the impoundment of motor vehicles.

 

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

 

1  Abandoned Vehicles; Reasons for Removal and Impoundment.  Amend RSA 262:32 to read as follows:

262:32  Reasons for Removal and Impoundment.  An authorized official may cause the removal and storage of a vehicle if he or she has reasonable grounds to believe that:

I.  A vehicle has been left unattended on the paved portion of a toll road, turnpike, or interstate and defense highway for a period of greater than 4 hours and the owner of the vehicle cannot be found;

II.  A vehicle has been left unattended on any way or the right-of-way thereof for a period of greater than 24 hours and the owner of the vehicle cannot be found;

III.  A vehicle is obstructing any way or the access thereto, or access to a public building, or is or will be a menace to traffic if allowed to remain, or is obstructing snow removal or highway maintenance operations and the owner of the vehicle cannot be found;

IV.  The owner or legal occupant of private property has complained that a vehicle is obstructing the passage of vehicles from a public street or highway onto the driveway of such private property and the owner of the vehicle cannot be found;  

V.  A vehicle is reported stolen, or is apparently abandoned, or without proper registration, or apparently unsafe to be driven and the owner of the vehicle cannot be found;

VI.  The owner or custodian of the vehicle is under [arrest or] the influence of drugs or alcohol or is otherwise incapacitated, and the vehicle will be a menace to traffic if permitted to remain; [or]

VII.  A vehicle has been left unattended within a state-owned park and ride facility for a period of greater than 21 days and the owner of the vehicle cannot be found[.]; or

VIII.  The owner of the vehicle is under arrest, provided that such an owner who is not under the influence of drugs or alcohol shall be permitted to arrange for his or her vehicle to be towed by a company of his or her choice to a destination of his or her choosing.

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

 

LBAO

19-0655

1/16/19

 

HB 674-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the impoundment of motor vehicles.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill clarifies the circumstances under which a vehicle may be removed and impounded.  The addition of the circumstance that an owner of the vehicle cannot be found creates the requirement that government officials develop a due diligence procedure to satisfy this requirement.  Depending on the level of due diligence applied, state, county, and local governments may experience an indeterminable increase in costs.  This increased cost would impact all funds used to pay for any additional law enforcement and transportation resources to perform the additional requirements of this bill.

 

AGENCIES CONTACTED:

Department of Safety and Department of Transportation

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Transportation HJ 3 P. 25
Feb. 12, 2019 Public Hearing: 02/12/2019 10:00 am LOB 203
Feb. 19, 2019 Executive Session: 02/19/2019 02:30 pm LOB 203
Committee Report: Inexpedient to Legislate (Vote 17-0; CC)
Feb. 27, 2019 Committee Report: Inexpedient to Legislate for 02/27/2019 (Vote 17-0; CC) HC 13 P. 14
Feb. 27, 2019 Inexpedient to Legislate: MA VV 02/27/2019 HJ 6 P. 25

Action Dates

Date Body Type
Feb. 12, 2019 House Hearing
Feb. 19, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote

Bill Text Revisions

HB674 Revision: 4959 Date: Jan. 16, 2019, 12:36 p.m.