Revision: Jan. 9, 2025, 4:08 p.m.
HB 439-FN - AS INTRODUCED
2025 SESSION
25-0485
11/09
HOUSE BILL 439-FN
AN ACT relative to non-driving related violations and driver's license suspension.
SPONSORS: Rep. Veilleux, Hills. 34; Rep. Scherr, Rock. 26; Rep. Telerski, Hills. 11
COMMITTEE: Transportation
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ANALYSIS
This bill eliminates driver's license suspension for reasons unrelated to motor vehicle offenses.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0485
11/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to non-driving related violations and driver's license suspension.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 License Suspension; Criteria for Suspension. Amend RSA 263:56-a, I(b) to read as follows:
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which constitutes a moving violation under RSA 265:79, RSA 265-A:2, RSA 265-A:3, or RSA 270:29-b, and 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
2 Reinstatement of Suspended License; Criteria. Amend RSA 263:56-a, III(b) to read as follows:
(b) [Appearance by such defendant, payment]Payment of his or her fine, or compliance with the order of the director, as applicable, or upon demonstration that such defendant is financially unable to pay the fine or to comply with the order. Any court which has ordered a suspension or revocation pursuant to paragraph II shall vacate the order and so notify the director and the affected defendant immediately after such defendant has appeared or paid his fine, as applicable, or has demonstrated that he is financially unable to pay the fine or to comply with the order.
3 Judicial Finding of Cause to Suspend License. Amend RSA 263:57, I to read as follows:
I. Any justice of a [district or municipal] circuit court or of the superior court may suspend [any license issued to any person] a person's driver's license, for a period not to exceed 30 days, [ after a conviction of an offense under the provisions of this title, after due hearing, for any cause which he may deem sufficient.] when such person has been convicted of an offense under the provisions of this title and license suspension is neither proscribed by RSA 263:56 and RSA 263:56-a nor specifically prescribed in any other statutory section, so long as the license holder had reasonable notice of the possibility of license suspension prior to the hearing and an opportunity at the hearing to present evidence to contest such suspension.
4 Repeal. The following are repealed:
I. RSA 263:56, I(f), relative to authority to suspend or revoke driver's license.
II. RSA 263:56, I(i), relative to authority to suspend or revoke driver's license.
III. RSA 263:56-a, I(a), relative to suspension or revocation for default, noncompliance, or nonpayment of fine.
IV. RSA 263:56-c, relative to suspension for default in another jurisdiction.
5 Effective Date. This act shall take effect January 1, 2026.
25-0485
1/2/25
HB 439-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to non-driving related violations and driver's license suspension.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $477,500 Decrease | $955,000 Decrease | $955,000 Decrease | ||
Revenue Fund(s) | Highway Fund | |||||
Expenditures* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill, effective January 1, 2026, removes the ability to suspend a driver’s license for certain reasons unrelated to motor vehicle offenses. Currently, any failure to appear or pay the court for any charge/conviction, including non-motor vehicle, the court may find the individual in default and a notice of default is sent to the individual from the Division of Motor Vehicles (DMV) advising of the default with a compliance date, or have their registration & licensing privileges suspended. Restoration fees paid to DMV, of which go to the highway fund, are $100 for license and $25 for registration. The Department of Safety states that in 2023, 14,163 restoration fees were paid to DMV under RSA 263:56-a totaling $1,010,250, with $955,050 relating to non-motor vehicle offenses (approximately 45,000 defaults are received by DMV annually, of which approximately 3,500 are related to the four RSAs referenced in this bill). Therefore, this bill is expected to decrease highway fund revenue by approximately $955,000 per year ($477,500 in FY 2026 as this bill is effective January 1, 2026).
AGENCIES CONTACTED:
Department of Safety