Revision: Jan. 10, 2021, 1:09 p.m.
HB 435-FN - AS INTRODUCED
2021 SESSION
21-0638
11/10
HOUSE BILL 435-FN
SPONSORS: Rep. Sykes, Graf. 13; Rep. Klein-Knight, Hills. 11
COMMITTEE: Transportation
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ANALYSIS
This bill modifies the circumstances under which a driver's license may be suspended or revoked, and establishes a committee to study the creation of a restricted driving license for participants in drug court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0638
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Motor Vehicles; Authority to Suspend or Revoke License. Amend RSA 263:56, I(d) to read as follows:
(d) Is incompetent to drive a motor vehicle by reason of physical[,] or mental [or moral] impairment[. For purposes of this paragraph, a license suspension or revocation on the basis of moral impairment shall be predicated only upon a conviction of a crime involving moral turpitude];
2 Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. Amend the introductory paragraph of RSA 263:56-a, I and subparagraphs I(a)-(c) to read as follows:
I. Whenever any [defendant] person:
(a) Defaults on an arraignment or other scheduled court appearance in connection with a [charge or conviction of any offense] motor vehicle offense, unless otherwise allowed under law, or
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any motor vehicle offense which a court has determined he or she is able to pay, or issues a bad check in payment of a fine or other penalty; or
(c) Fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction including orders made pursuant to RSA 161-B:11, his or her driver's license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.
3 License Suspension and Revocation; Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. Amend RSA 263:56-a, VI to read as follows:
VI. The provisions of this section shall be the primary sanction for defendants who fail to [appear, pay a fine, or other penalty or] comply with an order of the director or a court, but shall not exclude other provisions of law relative to sanctions for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court.
4 Committee to Study the Creation of a Restricted Driving License for Participants in Drug Court Established.
I. There is established a committee to study the creation of a restricted driving license for participants in drug court.
II. The members of the committee shall be as follows:
(a) Four members of the house of representatives, appointed by the speaker of the house of representatives, including one member from the criminal justice and public safety committee and one member from the health, human services, and elderly affairs committee.
(b) One member of the senate, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall study the possible creation of a restricted driving license privilege for participants in drug court, including:
(a) The administration of a possible restricted or provisional driving license for participants in drug court, including administration by the courts and the division of motor vehicles.
(b) How the restrictions of such a license would be enforced.
(c) The benefits of having such a license for drug court participants, including in accessing treatment and employment.
(d) Lessons learned from existing restricted licenses in New Hampshire.
(e) Examples of such a restricted license in other states.
(f) Any costs associated with establishing such a license, including any cost savings.
V. The committee shall solicit information from any individual or entity the committee deems relevant to its study, including but not limited to:
(a) The director of the division of motor vehicles.
(b) The commissioner of the department of safety.
(c) A representative of the superior courts.
(d) A representative of the circuit courts.
(e) The statewide drug offender program coordinator.
(f) Individuals who have participated in drug court.
(g) Law enforcement.
(h) The New Hampshire County Attorneys Association.
(i) New Futures.
(j) The American Civil Liberties Union of New Hampshire.
(k) The New Hampshire public defender program.
VI. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
VII. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2021.
5 Repeal. RSA 263:56-a, II(d), relative to reporting persons whose driver's licenses and driving privileges are suspended due to nonpayment, is repealed.
I. Section 4 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
21-0638
12/30/20
HB 435-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ ] General [ ] Education [ X ] Highway [ ] Other | |||
METHODOLOGY:
This bill includes the following provisions:
The Department of Safety states these changes would result in a decrease in the total number of suspended driver’s licenses, which would decrease revenue from suspension reinstatement fees. The Department is unable to provide an estimate as to the decrease in the number of suspensions or corresponding impact to state revenue. The Department anticipates no impact to state expenditures.
It is assumed this bill will be effective July 1, 2021.
AGENCIES CONTACTED:
Department of Safety