0306-hb 1617

CHAPTER 306

HB 1617-FN - FINAL VERSION

AN ACT relative to suspension of a driver's license for sufficient cause, and establishing a study committee to define the meaning of "misconduct, misuse, or abuse of such driving privileges."

SPONSORS: Rep. Packard, Rock 29; Rep. Letourneau, Rock 13; Rep. Bartlett, Belk 6

This bill expands the court's application of sufficient cause to suspend a driver's license. The bill also establishes a study committee for the purpose of defining the meaning of "misconduct, misuse, or abuse of such driving privileges" as those terms are set forth in RSA 263:14, III(d).

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to suspension of a driver's license for sufficient cause, and establishing a study committee to define the meaning of "misconduct, misuse, or abuse of such driving privileges."

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

306:1 Original and Youth Operators' Licenses; Basis for Suspension. RSA 263:14, III is repealed and reenacted to read as follows:

III.(a) The director is authorized to revoke or suspend any original license issued under title XXI after a hearing upon a showing by its records or other sufficient evidence that the driver has committed an offense during the first year following the issuance of an original license or has committed 2 or more offenses during the first 2 years following the issuance of an original license for which the original license holder has been convicted.

(b) The periods of suspension or revocation set forth in subparagraph III(a) of this section shall be as follows:

(1) For a first offense during the first year following the issuance of an original license, 20 days.

(2) For a second offense during the first 2 years following the issuance of an original license, 45 days.

(3) For a third or subsequent offense during the first 2 years following the issuance of an original license, 90 days.

(c) A suspension or revocation imposed under this section shall not run concurrently with any other penalty imposed under the provisions of title XXI.

(d) The director, after hearing, may suspend or revoke an original license or any license held by a person under 20 years of age for good cause upon receipt of proper evidence or information of misconduct, misuse, or abuse of such driving privileges.

(e) Notwithstanding RSA 605:6 or any provision of law to the contrary, any conviction for an offense which is used as a basis for suspension or revocation of an original license under this section and which involves a plea of nolo contendere shall be treated in the same manner as a conviction which involves a guilty plea.

306:2 Committee Established. There is established a study committee for the purpose of defining the meaning of "misconduct, misuse, or abuse of such driving privileges" as those terms are set forth in RSA 263:14, III(d), as inserted by section 1 of this act.

(a) Three members of the house of representatives, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

306:4 Duties. The committee shall define the meaning of "misconduct, misuse, or abuse of such driving privileges" as those terms are set forth in RSA 263:14, III(d), as inserted by section 1 of this act. The committee may solicit advice or input from individuals with relevant expertise in such matters to assist them in their task.

306:5 Chairperson; Quorum. 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. Four members of the committee shall constitute a quorum.

306:6 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2000.

AN ACT relative to suspension of a driver's license for sufficient cause.

The Administrative Office of the Courts has determined this bill will have minimal, if any, impact on state expenditures in FY 2001 and each year thereafter. There will be no fiscal impact on county and local expenditures or on state, county and local revenue.

The Office has stated this bill which defines sufficient cause for license suspension to include specific conduct, will have little, if any, fiscal impact on the judicial branch. The legislation does not limit the judge's discretion and, therefore, will have little impact on process and caseload.