Bill Text: NH HB650 | 2024 | Regular Session | Introduced
Bill Title: Relative to prohibiting suspension of driver's licenses due to nonpayment of fines or fees.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Introduced) 2024-01-03 - Refer for Interim Study: Motion Adopted Voice Vote 01/03/2024 House Journal 1 P. 68 [HB650 Detail]
Download: New_Hampshire-2024-HB650-Introduced.html
HB 650-FN - AS INTRODUCED
2023 SESSION
23-0627
02/08
HOUSE BILL 650-FN
AN ACT relative to prohibiting suspension of driver's licenses due to nonpayment of fines or fees.
SPONSORS: Rep. Telerski, Hills. 11; Rep. T. Lekas, Hills. 38; Rep. C. McGuire, Merr. 27; Rep. K. Murray, Rock. 22; Rep. Bouldin, Hills. 25; Rep. Bradley, Hills. 41; Rep. Hynes, Hills. 2; Rep. Sykes, Graf. 14
COMMITTEE: Transportation
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ANALYSIS
This bill modifies the circumstances under which a driver's license may be suspended or revoked for nonpayment of fines, fees, or restitution; removes suspension of a driver’s license or privilege as a sentencing punishment for nonpayment of fines, fees, or restitution; and authorizes the commissioner of safety to expunge the records of individuals covered by this bill.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0627
02/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to prohibiting suspension of driver's licenses due to nonpayment of fines or fees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. Amend RSA 263:56-a, I to read as follows:
I. Whenever any defendant:
(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 offense which a court has determined he is able to pay, or issues a bad check in payment of a fine or other penalty; or ]
[(c)] (b) 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)](c) of this section.
[(d)] (c) If a defendant receives a summons in hand from a law enforcement officer, no further notification to such defendant is required before the suspension of his driving privileges occurs as provided in subparagraph I[(c)](b). If a defendant receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such defendant by certified mail at his last known address that his driving privileges shall be suspended 30 days after the mailing of such notification.
[(e)] (d) Is a sexual offender as defined in RSA 651-B:1, IV or an offender against children as defined in RSA 651-B:1, VI, and fails to comply with the registration requirements under RSA 651-B, and where the failure to comply persists for more than 30 days, the offender's driver's license or resident or nonresident driving privileges shall be suspended or revoked by the director under this section, provided, that the department shall first attempt to notify the offender in person, or by first class mail, return receipt requested, sent to the offender's last known address, that he or she is in violation of the registration requirements and that his or her driving privileges will be suspended or revoked if he or she fails to comply with the registration requirements within 15 days of the department's attempted notice of noncompliance.
2 License Suspension and Revocation; Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. Amend RSA 263:56-a, VI to VII 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.
VII. Notwithstanding any other provision of law, upon application, the commissioner may, as justice may require, waive the driver's license suspension of any New Hampshire resident whose license or driving privileges have been suspended in this state or another state for a default on a non-drug or alcohol-related offense, where the default is more than 5 years old. This paragraph shall not apply to offenses which are misdemeanors or felonies.
VIII. A person's license or driving privilege shall not be suspended due to nonpayment of fines or restitution.
3 License Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. The commissioner of the department of safety, or his designee, shall expunge the records of any person whose driver's license was suspended prior to January 1, 2024 due to failure to comply with a sentencing order that imposed a duty to pay fines, fees, or restitution in a criminal case.
4 Effective Date. This act shall take effect January 1, 2024.
23-0627
1/11/23
HB 650-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to prohibiting suspension of driver's licenses due to nonpayment of fines or fees.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | ($2,000,000) | ($4,000,000) | ($4,000,000) |
Expenditures | $0 | $838,000 | $0 | $0 |
Funding Source: | [ ] General [ ] Education [ X ] Highway [ X ] Other - Restricted - Cost of Collection/Administration* | |||
*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.
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METHODOLOGY:
This bill would no longer allow the Department of Safety, Division of Motor Vehicles (DMV), to suspend a defendant’s license in certain circumstances and requires the expungement of the records of any person whose driver’s license was suspended prior to January 1, 2024, due to failure to comply with a sentencing order that imposed a duty to pay fines, fees, or restitution in a criminal case. The Department states this bill will significantly reduce fee and fine revenue to the highway fund beginning in FY 2024. The Department states it collects approximately $4,000,000 per year in DMV restoration fees. Therefore, this bill would decrease state highway fund revenue by $2,000,000 in FY 2024 (this bill’s effective date is January 1, 2024) and $4,000,000 in FY 2025 and each year thereafter. The Department adds it would need to complete necessary programming changes to its systems at an estimated one-time cost of $838,000 in FY 2024.
AGENCIES CONTACTED:
Department of Safety
