22feb01...0058h

18apr01...0866h

2001 SESSION

01-0340

05/10

HOUSE BILL 303-FN-A-LOCAL

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill:

I. Establishes a dedicated fund to support the division of fire standards and training and the division of emergency medical services in the department of safety. The bill also establishes reporting and budgeting requirements for the department of safety in conjunction with the operation of the divisions of fire standards and training and emergency medical services.

II. Allows the director of the division of emergency medical services to establish and collect fees for tuition, services and licenses.

III. Allows the commissioner of the department of safety to establish fees for certain fire standards and training and emergency services programs and services.

IV. Increases certain motor vehicle license fees.

V. Extends certain motor vehicle license expiration dates from 4 to 5 years.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22feb01...0058h

18apr01...0866h

01-0340

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

91:1 Statement of Purpose. The purpose of this bill is to establish a non-lapsing, dedicated, funding source for the training and certification of firefighters and emergency medical service (EMS) providers in the state of New Hampshire. The general court recognizes the important roles that fire and EMS responders play in the maintenance of the health and safety of the citizens and visitors of New Hampshire. It further recognizes the ever-increasing requirements placed upon emergency response personnel for enhancing their training in the use of sophisticated fire-fighting and life-saving technologies, which are essential to the health and safety of all citizens. On a daily basis, firefighters and emergency medical service providers respond to and extinguish residential, commercial, and industrial fires; extricate victims; provide basic and advanced life support medical care; investigate the causes of fires; and respond to motor vehicle crashes, car fires, hazardous materials spills, and other medical emergencies on the state's roadway system. It is essential, therefore, that funding for training, certification, and licensure of such an important service be commensurate with the needs placed upon the service in order to ensure public safety. The general court also recognizes that the need for training is spread throughout the state, and that it is the responsibility of the divisions of fire standards and training and EMS to provide theses professions with its services at a regional level. It is recognized that these funds will be used for the delivery of training programs; curriculum development, administration, and management; quality assurance and quality improvement activities; licensing and inspection of emergency vehicles; and other tasks and expenses that may be determined by the commissioner of the department of safety. In providing a dedicated funding source to fulfill the statutory responsibilities of both divisions, the general court recognizes that support by local political subdivisions is also essential.

91:2 New Subparagraph; Application of Receipts; Fire Standards and Training and Emergency Medical Services Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Moneys deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.

91:3 Department of Safety; Division of Emergency Medical Services; Fiscal Duties of the Director. Amend RSA 21-P:12-b, II(l) to read as follows:

(l) With the approval of the commissioner, accept in the name of the state any and all donations, fees for tuition, rents, services, and any and all money and grants from any governmental unit, public agency, institution, person, firm, or corporation and receive, utilize, expend, and dispose of such funds subject to budgetary provisions, consistent with the rules of the department of safety and the purposes or conditions of the donation or grant.

(m) With the approval of the commissioner, establish fees to be collected for tuition, services, and licenses. The commissioner may for good cause waive any fees charged under this subparagraph and may authorize tuition reimbursement from the fire standards and training and emergency medical services fund.

91:4 New Sections; Department of Safety; Fire Standards and Training and Emergency Medical Services Fund Established; Report and Budget Requirements Established. Amend RSA 21-P by inserting after section 12-c the following new sections:

21-P:12-d Fire Standards and Training and Emergency Medical Services Fund. There is established in the office of the state treasurer a separate, nonlapsing, and continually appropriated fund to be known as the fire standards and training and emergency medical services fund from which the state treasurer shall pay expenses as determined by the commissioner of safety incurred in the administration of the division of fire standards and training, under RSA 21-P:12-a, and the division of emergency medical services, under RSA 21-P:12-b.

21-P:12-e Fire Standards and Training and Emergency Medical Services Report and Budget.

I. The department of safety shall submit an annual report, beginning on July 1, 2002, to the speaker of the house, president of the senate, and the governor and council which shall include, but not be limited to, training and educational programs offered or contracted by the divisions of fire standards and training and emergency medical services, the development of the technological advancements in division programs, the revenue generated from the sale of motor vehicle records, the budget and revenue projections of both divisions, the degree of coordination with municipal fire and emergency medical services departments, and the extent of direct aid to municipalities and mutual aid associations.

II. In addition to or in conjunction with the operating budget of the department of safety, the department shall submit a budget for the biennium beginning July 1, 2003, and for each biennium thereafter, which shall include financial responsibility for and the costs of all training and educational programs offered or contracted by the divisions of fire standards and training and emergency medical services, the development of technological advancements in division programs, the revenue generated from the sale of motor vehicle records, the extent of direct aid to municipalities and mutual aid associations, and all revenues and expenditures of the dedicated fund established in RSA 21-P:12-d.

91:5 New Paragraph; Department of Safety; Rulemaking Authority; Commissioner of Safety; Fees for Fire Standards and Training and Emergency Medical Services Training Programs. Amend RSA 21-P:14 by inserting after paragraph VI the following new paragraph:

VII. The commissioner of safety, in consultation with the fire standards and training commission and the emergency medical and trauma services coordinating board, shall adopt rules under RSA 541-A, relative to:

(a) Fees for tuition, services, and licenses under RSA 21-P:12-a and 21-P:12-b.

(b) Tuition reimbursement under RSA 21-P:12-a and 21-P:12-b.

(c) The circumstances in which a waiver may be granted under RSA 21-P:12-a, II(b) and RSA 21-P:12-b, II(m).

91:6 Administration of Motor Vehicle Laws; Records and Certification; Copy Fees Deposited in Fire Standards and Training and Emergency Medical Services Fund. Amend RSA 260:14, XIII to read as follows:

XIII. Notwithstanding the provisions of RSA 91-A, the department may charge reasonable fees for the release of information under this section. In determining a reasonable fee, the department shall consider factors such as labor and production costs, as well as the market value of the information. All such fees shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.

91:7 Copies of Certificates and Motor Vehicle Records; Fee Deposited in Fire Standards and Training and Emergency Medical Services Fund. Amend RSA 260:15, II to read as follows:

II. The department may issue a copy of any motor vehicle record upon the request of an insurance company or any other authorized agent, and payment by the insurance company or authorized agent of a fee of $7, which [includes a surcharge of $2 which] shall be deposited in the [general fund] fire standards and training and emergency medical services fund established in RSA 21-P:12-d.

91:8 Expiration of Drivers' Licenses; Expiration Date Extended. Amend RSA 263:10 to read as follows:

263:10 License Expiration. All licenses shall expire on the [fourth] fifth anniversary of the license holder's date of birth following the date of issuance. The department shall notify each holder of a license by mail addressed to the holder's last known address, 30 days prior to the expiration date thereof of a place and time when he or she shall appear for the issuance of a new license.

91:9 Drivers' Licenses; Conditions and Requirements for a License; Original and Youth Operators' Licenses. Amend RSA 263:14, I to read as follows:

I. The director, upon receiving proper application for an original driver's license, may in the director's discretion issue a license designated as an original, with such designation to be effective until the [fourth] fifth anniversary of the license holder's date of birth following the date of issuance to allow such applicant to gain proper driving habits, attitudes and experience.

91:10 Drivers' Licenses; License for Aliens Temporarily Residing in New Hampshire; Expiration Date Extended. Amend RSA 263:39-a, III to read as follows:

III. The term of the license shall be no longer than [4] 5 years from the date of issuance, and the director may set a lesser term in accordance with the length of the person's residence in New Hampshire.

91:11 Driver's License Fees; License Renewal Fees Increased. Amend RSA 263:42, I to read as follows:

I. For each youth operator's or original driver's license and examination or driver's license renewal, other than for a commercial vehicle-[$32] $50; for each original commercial driver license and examination or commercial driver license renewal-[$42] $60; for each commercial driver license reexamination in a one-year period-$20; for each commercial vehicle endorsement, renewal of an endorsement or removal of a restriction-$10. For each original driver's license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Every license shall expire on the licensee's birthdate in the [fourth] fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.

91:12 Driver's License Fees; License Restoration Fee Increased. Amend RSA 263:42, V to read as follows:

V. Whenever a driver's license has been suspended or revoked, or notwithstanding RSA 263:56-a, III, whenever the holder of a commercial driver license has been disqualified for a period of greater than 15 days, a fee of [$50] $100 shall be paid by the licensee for the restoration of such license or commercial driver license; provided, however, that in the event of a license suspension under RSA 263:14, a fee of $50 shall be paid by the licensee for the restoration of the original or youth operators' license. Under certain conditions the commissioner may waive the restoration fee for a default or suspension. The commissioner shall adopt rules, under RSA 541-A, relative to such waiver procedures.

91:13 Suspension or Revocation for Default or Nonpayment of Fine; Restoration Fee Increased. Amend RSA 263:56-a, III(a) to read as follows:

(a) Payment to the director of a fee of [$40] $100, which shall be in lieu of any other reinstatement fee and shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(f), provided, however, that in the event of a license suspension under RSA 263:14, a fee of $50 shall be paid to the director in lieu of the reinstatement fee under RSA 263:42, V and shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(f); and

91:14 Commercial Drivers' Licenses; License Expiration and Renewal; Expiration Date Extended. Amend RSA 263:93 to read as follows:

263:93 License Expiration and Renewal. The commercial driver license shall expire on the licensee's birthdate in the [fourth] fifth year following the issuance of such license. When applying for renewal of a commercial driver license, the applicant shall complete the application form as specified in RSA 263:90 and shall provide updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement shall be taken and passed.

91:15 Division of Fire Standards and Training, Disposition of Funds; Tuition Reimbursement. Amend RSA 21-P:12-a, II(b) to read as follows:

(b) Establish fees to be collected for tuition and services. Such fees shall be subject to the approval of the commissioner of the department of safety. The commissioner may for good cause waive any fees charged under this subparagraph and may authorize tuition reimbursement from the fire standards and training and emergency medical services fund.

91:16 Effective Date. This act shall take effect July 1, 2001.

(Approved: June 21, 2001)

(Effective Date: July 1, 2001)