Bill Text: NH SB165 | 2018 | Regular Session | Enrolled

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Bill Title: Authorizing periodic payments as security after a motor vehicle accident.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-05-31 - Signed by the Governor on 05/25/2018; Chapter 0096; Effective 07/24/2018 [SB165 Detail]

Download: New_Hampshire-2018-SB165-Enrolled.html

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SB 165-FN - VERSION ADOPTED BY BOTH BODIES

 

01/03/2018   2546s

2017 SESSION

17-0852

03/09

 

SENATE BILL 165-FN

 

AN ACT authorizing periodic payments as security after a motor vehicle accident.

 

SPONSORS: Sen. Soucy, Dist 18; Sen. Feltes, Dist 15; Sen. Birdsell, Dist 19; Rep. Steven Smith, Sull. 11; Rep. McBeath, Rock. 26

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill authorizes the director of the division of motor vehicles to order periodic payments as security after an accident which resulted in death, personal injury or damages to property.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/03/2018   2546s 17-0852

03/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT authorizing periodic payments as security after a motor vehicle accident.

 

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

 

1  New Section; Motor Vehicles; Financial Responsibility; Form of Security; Periodic Payments.  Amend RSA 264 by inserting after section 4 the following new section:

264:4-a  Form of Security; Periodic Payments.

I.  The director shall consider whether an individual subject to suspension of license and registration certificate and surrender of registration plates under RSA 264:3 has the ability to pay the security required under RSA 264:4 in full.  If the individual does not have the ability to pay in full, the director shall order the individual to make such periodic payments as the director in his or discretion deems appropriate.  The director shall not suspend the individual's license and registration certificate nor require surrender of the individual's registration plates provided the individual makes the periodic payments as ordered.

II.  The director shall not order periodic payments from any income that is exempt from execution, levy, attachment, garnishment, or other legal process.  If the individual does not have any income that is not exempt from execution, levy, attachment, garnishment, or other legal process, the director shall not suspend the individual's license and registration certificate nor require surrender of the individual's registration plates.

III.  If the individual subject to suspension of license and registration certificate and surrender of registration plates under RSA 264:3 fails to pay any periodic payments as ordered by the director under paragraph I, then upon notice of such default the director shall suspend the license and registration certificate and require surrender of the registration plates until all payments have been made as ordered.

IV.  The aggrieved person or his or her legal representative may request review of the director's order requiring periodic payments not sooner than 6 months from the date of the order.

V.  The individual ordered to make periodic payments may request review of the director's order upon change in his or her circumstances.

VI.  Nothing in this section shall relieve the individual subject to suspension of license and registration certificate and surrender of registration plates under RSA 264:3 from the requirement to give and maintain proof of financial responsibility in the future.

VII.  The director shall adopt rules, pursuant to RSA 541-A, relative to:

(a)  The periodic payment hearing process.

(b)  A definition of the ability to pay.

(c)  Process for minors subject to suspension under this section.

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

 

LBAO

17-0852

Amended 1/8/18

 

SB 165-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2017-2546s)

 

AN ACT authorizing periodic payments as security after a motor vehicle accident.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2019 through 2022.

 

AGENCIES CONTACTED:

Department of Safety