Revision: Jan. 14, 2020, 12:47 p.m.
SB 649-FN - AS INTRODUCED
2020 SESSION
20-2862
11/03
SENATE BILL 649-FN
SPONSORS: Sen. Watters, Dist 4; Sen. Carson, Dist 14; Sen. Starr, Dist 1; Sen. Chandley, Dist 11; Sen. Hennessey, Dist 5; Rep. Merner, Coos 7; Rep. Tucker, Coos 5; Rep. Packard, Rock. 5; Rep. Welch, Rock. 13
COMMITTEE: Judiciary
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ANALYSIS
This bill clarifies the appeal process for disqualification of commercial motor vehicle driving privileges, expands the circumstances under which a person may be found guilty of aggravated driving while intoxicated, and provides for the immediate disqualification of a commercial motor vehicle drivers upon receipt of information such driver refused a blood alcohol concentration test.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2862
11/03
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:
1 Drivers' Licenses; Commercial Licensing; Violations; Penalties; Serious Violations. Amend RSA 263:94, VII to read as follows:
VII. [Prior to disqualifying a driver under this section, the commissioner shall provide the driver with notice and an opportunity for a hearing.] If the director disqualifies a person pursuant to this section, the department shall grant a hearing to the person, upon written application to the department, within 15 days after the filing of such application.
2 Driving or Operating Under the Influence of Drugs or Liquor. Amend RSA 265-A:3, I(c)-(d) to read as follows:
(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lamps while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued; [or]
(d) Carries as a passenger a person under the age of 16; or
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more;
3 Driving or Operating Under the Influence of Drugs or Liquor. Amend RSA 265-A:3, II(c)-(d) to read as follows:
(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lights while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued;[ or]
(d) Carries as a passenger a person under the age of 16; or
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or
4 Driving or Operating Under the Influence of Drugs or Liquor; Implied Consent Requirements for Commercial Motor Vehicle Drivers. Amend RSA 265-A:25, V to read as follows:
V. Upon receipt of the sworn report of a law enforcement officer submitted under paragraph IV, the department shall immediately disqualify the driver from driving a commercial motor vehicle under RSA 265-A:23.
5 Effective Date. This act shall take effect January 1, 2021.
20-2862
12/18/19
SB 649-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2020 through 2023.
AGENCIES CONTACTED:
Department of Safety