HB1618 (2020) Detail

Relative to fines for littering on public ways.


HB 1618-FN-LOCAL - AS INTRODUCED

 

 

2020 SESSION

20-2479

11/10

 

HOUSE BILL 1618-FN-LOCAL

 

AN ACT relative to fines for littering on public ways.

 

SPONSORS: Rep. Egan, Graf. 2; Rep. Merner, Coos 7; Rep. Massimilla, Graf. 1; Rep. Dontonville, Graf. 10

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill requires the assessment of penalties for violations of the prohibition against littering on roadways.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2479

11/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to fines for littering on public ways.

 

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

 

1  Motor Vehicles; Rules of the Road; Littering; Penalty.  Amend RSA 265:102, IV to read as follows:

IV.  Any person who violates any provision of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.  In addition, any person who violates any provision of this section shall be fined $200 and shall complete 2 hours of litter mitigation community service for a first offense, and shall be fined $500 and shall complete 2 hours of litter mitigation community service for a second offense.  The director shall suspend for 48 hours the drivers' license of any person who violates any provision of this section a third or subsequent time.

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

 

LBAO

20-2479

12/5/19

 

HB 1618-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to fines for littering on public ways.

 

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

$24,250

$24,250

$24,250

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

*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.

 

METHODOLOGY:

This bill adds enhanced fines, community service requirements, and suspension of driver’s license for littering on public ways, a violation level offense.  Below is a summary provided by the Department of Safety for littering citations paid in calendar year 2018:

 

# Citations

Current Fine

Proposed Fine

Fine Increase

Total Potential Revenue Increase

First Offense

173

$62

$200

$138

$23,874

Second Offense

1

$124

$500

$376

$376

TOTAL

$24,250

 

There is no method to determine how many cases will go to court under the new penalty structure in this bill.  The Judicial Branch estimates average cost of violation level cases to be $52 in FY 2021 and $54 in FY 2022.  It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  Additionally, the Department of Safety estimates it would incur $13,125 in costs in FY 2021 relative to system changes needed to implement this bill.   

 

AGENCIES CONTACTED:

Judicial Branch and Department of Safety

 

Links

HB1618 at GenCourtMobile
HB1618 Discussion

Action Dates

Date Body Type
Jan. 14, 2020 House Hearing
Jan. 15, 2020 House Exec Session
House Floor Vote
Feb. 6, 2020 House Floor Vote
Feb. 13, 2020 House Floor Vote

Bill Text Revisions

HB1618 Revision: 7260 Date: Dec. 6, 2019, 12:33 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Transportation HJ 1 P. 29
Jan. 14, 2020 Public Hearing: 01/14/2020 10:00 am LOB 203
Jan. 15, 2020 Executive Session: 01/15/2020 10:00 am LOB 203
Feb. 6, 2020 Committee Report: Inexpedient to Legislate for 02/06/2020 (Vote 16-0; CC) HC 5 P. 4
Committee Report: Inexpedient to Legislate (Vote 16-0; CC)
Feb. 13, 2020 Committee Report: Inexpedient to Legislate for 02/13/2020 (Vote 16-0; CC) HC 5 P. 4
Feb. 13, 2020 Inexpedient to Legislate: MA VV 02/13/2020 HJ 3 P. 5