Revision: Dec. 6, 2019, 12:33 p.m.
HB 1618-FN-LOCAL - AS INTRODUCED
HOUSE BILL 1618-FN-LOCAL
SPONSORS: Rep. Egan, Graf. 2; Rep. Merner, Coos 7; Rep. Massimilla, Graf. 1; Rep. Dontonville, Graf. 10
This bill requires the assessment of penalties for violations of the prohibition against littering on roadways.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
HB 1618-FN-LOCAL- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ 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.
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:
Total Potential Revenue Increase
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.
Judicial Branch and Department of Safety