SB725 (2020) Detail

Relative to toll collection enforcement.


SB 725-FN - AS AMENDED BY THE SENATE

 

02/13/2020   0516s

2020 SESSION

20-2995

06/03

 

SENATE BILL 725-FN

 

AN ACT relative to toll collection enforcement.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Hennessey, Dist 5; Sen. Levesque, Dist 12; Rep. Telerski, Hills. 35; Rep. Sytek, Rock. 8; Rep. Packard, Rock. 5

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill prohibits the owner of a vehicle driven in a manner that evades toll collection from obtaining a new plate for the vehicle until the toll is paid.

 

This bill is a request of the department of transportation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/13/2020   0516s 20-2995

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to toll collection enforcement.

 

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

 

1  Suspension for Evasion of Electronic Toll Collection System.  Amend RSA 263:56-f, I to read as follows:

I.  Upon receiving a report from the commissioner of the department of transportation or designee, or another state having a reciprocal toll collection enforcement agreement, that the owner of a vehicle, as defined in RSA 236:31, has violated the terms of RSA 236:31, or a reciprocal toll collection enforcement agreement in accordance with RSA 237:16-c, the director shall notify the owner in writing by first class mail that the owner's motor vehicle registration renewal privileges for the vehicle driven in violation of RSA 236:31 may be suspended on the date which is 30 days from the date of notification unless the toll and any administrative fees assessed by the department of transportation are paid.  Furthermore, the registered owner of the vehicle driven in violation of RSA 236:31 is prohibited from transferring a plate to said vehicle or obtaining a new plate for said vehicle until such tolls and fees are paid.  The director shall also notify the owner that he or she may request an administrative hearing before the suspension takes effect.  The hearing shall be limited in scope and shall not constitute an appeal of the fees or fines related to the unpaid tolls, which can only be determined by the department of transportation.  A request for a hearing shall be in writing.  A request for a hearing received by the division more than 30 days from the date the notice is issued shall be denied as untimely.

2  Evasion of Tolls and Charges.  Amend RSA 236:31, IV(c) to read as follows:

(c)  A procedure for processing all other violations of this section, which shall require the department, or its designee, to send by regular mail, or other agreed upon method, an advisory and payment request to the owner of the vehicle, within [30] 60 days of the date of the violation.  The advisory and payment request shall notify the owner of the date, time, and location of the alleged violation, give the owner the opportunity to resolve the alleged violation by payment of the toll or charge due and a reasonable administrative fee, and advise the owner that failure to pay the required toll or charge and administrative fee [within 60 days of the date of the violation] shall cause the department to file a report with the department of safety, division of motor vehicles, seeking an order of suspension pursuant to RSA 263:56-f.

3  New Subparagraph; Evasion of Tolls and Charges.  Amend RSA 236:31, VI by inserting after subparagraph (b) the following new subparagraph:

(c)  The department may use an agent or third party contractor, including but not limited to collection agencies, to pursue and collect tolls and fees from users of the turnpike system whose vehicles are registered outside the United States.

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

 

LBAO

20-2995

1/7/20

 

SB 725-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to toll collection enforcement.

 

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

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [    ] General            [    ] Education            [ X ] Highway           [ X ] Other - Restricted - Costs of Collection/Administration* and Turnpike Fund

*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 requires a registered owner to pay all outstanding tolls and administrative fines, from the turnpike system, assessed by the Department of Transportation prior to transferring or obtaining new plates for any vehicle.  The Department states this would apply solely to New Hampshire E-ZPass customers with unpaid transactions with vehicles registered in this State.  Since FY 2010, there have been 1,532 plates identified with unpaid E-ZPass transactions with total toll revenue of $59,702 still outstanding.  The total fee revenue that remains uncollected on plates with an invalid registration status is $1,218,296.  The Department typically offers settlements on fees so the amount of actual fee revenue that would be collected is indeterminable.  It is expected prohibiting new or transferred plates will increase E-ZPass toll and fee revenue collections, however the exact amounts in each year cannot be estimated at this time.  In addition, this bill allows for the Department to collect tolls from vehicles registered out-of-state (mainly Canada), which could also increase turnpike fund revenue.

 

This bill also changes the invoice period for unpaid transactions from 30 to 60 days.  This will likely reduce turnpike fund administrative costs (mainly postage) in FY 2021 and each year thereafter, however there may be some increased costs in FY 2021 for required system design software changes.  The Department of Safety states this bill would require it to perform necessary system programming changes as well, with an estimated cost of $32,000 in FY 2021.

 

AGENCIES CONTACTED:

Department of Safety and Department of Transportation

 

Links

SB725 at GenCourtMobile
SB725 Discussion

Action Dates

Date Body Type
Feb. 4, 2020 Senate Hearing
Feb. 13, 2020 Senate Floor Vote

Bill Text Revisions

SB725 Revision: 8115 Date: Feb. 13, 2020, 1:22 p.m.
SB725 Revision: 8039 Date: Jan. 16, 2020, 9:13 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Transportation; SJ 2
Feb. 4, 2020 Hearing: 02/04/2020, Room 103, LOB, 02:45 pm; SC 4
Feb. 13, 2020 Committee Report: Ought to Pass with Amendment # 2020-0516s, 02/13/2020; SC 6
Feb. 13, 2020 Committee Amendment # 2020-0516s, AA, VV; 02/13/2020; SJ 4
Feb. 13, 2020 Ought to Pass with Amendment 2020-0516s, MA, VV; OT3rdg; 02/13/2020; SJ 4
Feb. 20, 2020 Introduced 02/20/2020 and referred to Transportation HJ 5 P. 56
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020 HJ 10 P. 5
Died on Table