HB1552 (2020) Detail

Requiring learner's permits for certain persons seeking drivers' licenses.


HB 1552-FN - AS AMENDED BY THE HOUSE

 

12Mar2020... 0875h

2020 SESSION

20-2162

11/03

 

HOUSE BILL 1552-FN

 

AN ACT requiring learner's permits for certain persons seeking drivers' licenses.

 

SPONSORS: Rep. Wazir, Merr. 17; Rep. Loughman, Rock. 21; Rep. Josephson, Graf. 11; Rep. Wallner, Merr. 10; Rep. Crawford, Carr. 4; Sen. Feltes, Dist 15; Sen. Watters, Dist 4

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill requires that any person 15 1/2 years of age or older obtain a learner's permit before driving a motor vehicle in preparation for obtaining a driver's license.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2020... 0875h 20-2162

11/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT requiring learner's permits for certain persons seeking drivers' licenses.

 

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

 

1  Conditions and Requirements for a License; Driver Education.  Amend RSA 263:19, I-II to read as follows:

I.  A driver’s license may be issued subject to the provisions of this chapter to a person under the age of 18 years who has obtained a learner's permit and attained his or her sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle drivers’ school licensed under the provisions of this chapter.  An approved driver education course licensed under this chapter, shall consist of not less than 30 hours of classroom instruction, not less than 10 hours of behind the wheel driver training and not less than 6 hours of observation, in accordance with rules adopted pursuant to RSA 541-A, published by the commissioner of safety, such standards to be not less than those presently required.  The classroom instruction shall include 45 minutes of a nationally-recognized motorcycle safety education course approved by the director and 45 minutes of a nationally-recognized tractor-trailer safety education and awareness course approved by the director.  No more than 15 hours of the classroom instruction may be satisfied through the completion of an online driver education course.  The commissioner may enter into contracts for assistance in developing, assisting, and conducting an online driver education course.  The department of safety, by the nature of its function, shall be held ultimately responsible for setting and maintaining the quality standards for driver education in the state.  This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers’ school courses.

II.  To qualify for a driver's license under this section, a person under the age of 18 who has obtained a learner's permit shall also certify the completion of 40 hours of additional supervised driving time under the supervision of a licensed parent or guardian, or, if there is no licensed parent or guardian, under the supervision of a licensed adult over the age of 25, and that at least 10 of the hours of additional supervised driving time were during the period from 1/2 hour after sunset to 1/2 hour before sunrise.  The commissioner shall adopt rules relative to the method of certification.

2  Conditions and Requirements for a License; Exception.  Amend RSA 263:21 to read as follows:

263:21  Exception.  The director, upon being satisfied that no readily available means of transportation exist to and from a school and that the provisions of RSA 263:19 would cause undue hardship, may permit a driver's license, limited to use to and from school and school assignments, to be issued to a person who has not obtained a learner's permit but who has attained his or her sixteenth birthday and is under 18 years of age who has not completed an approved driver education program, if the other requirements of this chapter are met by such person.

3  New Section; Conditions and Requirements for a License; Learner's Permit.  Amend RSA 263 by inserting after section 22 the following new section:

263:22-a  Learner's Permit Required.  Any person who intends to drive a motor vehicle in this state pursuant to RSA 263:25 shall first obtain a learner's permit issued by the director.  The director shall issue a learner's permit to any applicant who is at least 15-1/2 years of age and who satisfactorily passes the driving knowledge exam prescribed by the director pursuant to RSA 263:6.  The fee for a learner's permit shall be $5.  Permits issued pursuant to this section shall be valid for one year from the date of issuance.  No applicant for a learner's permit shall be required to pass any road skill portion of any examination prescribed by the director for regular driver's licenses.  The director shall adopt rules pursuant to RSA 541-A implementing the requirements of this section.

4  Conditions and Requirements for a License; Exception for Persons Learning to Drive.  Amend RSA 263:25, I to read as follows:

I.  Except as provided in paragraph II, a person who does not possess a driver's license but who possesses a learner's permit may drive a motor vehicle while being taught to drive, when accompanied by a person holding a driver's license of the appropriate class and type for the vehicle being driven, who is occupying the seat beside, or, in the case of a commercial vehicle, immediately adjacent to, the person who is being taught to drive.  This exception shall not apply to persons whose driving privileges or driver's licenses have been suspended or revoked for cause, persons less than 15-1/2 years of age, and persons learning to drive commercial motor vehicles unless they meet the requirements of paragraph II.  For all unlicensed drivers the person accompanying them shall be a certified driving instructor, parent, legal guardian, or responsible adult who is 25 years of age or older and who is a licensed driver.  The person accompanying the unlicensed driver shall be liable for the violation of any provision of this title or rules adopted hereunder committed by such unlicensed driver.  A person who is learning to drive pursuant to the provisions of this section shall have in his or her possession proof of the fact he or she meets the age requirement.

5  Effective Date.  This act shall take effect July 1, 2021.

 

LBAO

20-2162

Amended 5/20/20

 

HB 1552-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0875h)

 

AN ACT requiring learner's permits for certain persons seeking drivers' licenses.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$75,000

$75,000

   Expenditures

$0

$65,000

$33,750

$42,750

Funding Source:

  [    ] General            [    ] Education            [ X ] Highway           [ X ] Other - Restricted - Cost of Collections/Administration

*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.

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$9,000

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill, effective July 1, 2021 (FY 2022), requires any person learning to drive from age 15½ to age 18 obtain a learner’s permit prior to obtaining a driver’s license, for a fee of $5.  The Department of Safety anticipates one-time system programming costs of $65,000 in FY 2021 and an annual cost of $33,750 ($2.25 per card x 15,000 cards) in FY 2022 and each year thereafter to produce learner’s permit cards.  With the assumption of 15,000 permits issued annually, this bill would generate $75,000 in state revenue beginning in FY 2022.  Pursuant to RSA 235:23 ("Apportionment A"), 12 percent of motor vehicles fees collected are distributed to municipalities in the year following collection.  Therefore, this bill, beginning in FY 2023, would also increase state highway fund expenditures and local revenues by $9,000 annually.

 

AGENCIES CONTACTED:

Department of Safety

 

Links

HB1552 at GenCourtMobile
HB1552 Discussion

Action Dates

Date Body Type
Feb. 25, 2020 House Hearing
Feb. 27, 2020 House Exec Session
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1552 Revision: 8433 Date: May 22, 2020, 1:55 p.m.
HB1552 Revision: 7216 Date: Dec. 3, 2019, 11:24 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Transportation HJ 1 P. 26
Feb. 25, 2020 Public Hearing: 02/25/2020 02:00 pm LOB 203
Feb. 27, 2020 Executive Session: 02/27/2020 10:00 am LOB 203
March 3, 2020 ==CONTINUED== Executive Session: 03/03/2020 10:00 am LOB 203 (if necessary)
March 11, 2020 Majority Committee Report: Ought to Pass with Amendment # 2020-0875h for 03/11/2020 (Vote 11-9; RC) HC 10 P. 76
Majority Committee Report: Ought to Pass with Amendment # 2020-0875h (Vote 11-9; RC)
Minority Committee Report: Inexpedient to Legislate
March 12, 2020 Amendment # 2020-0875h: AA VV 03/12/2020
March 12, 2020 Ought to Pass with Amendment 2020-0875h: MA RC 167-114 03/12/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8