SB 0067

AN ACT relative to costs of locating and apprehending persons improperly at large for driving-related offenses.

SPONSORS: Sen. Eaton, Dist 10; Sen. D'Allesandro, Dist 20; Rep. Bartlett, Belk 6; Rep. Packard, Rock 29; Rep. P. Cote, Hills 32; Rep. Musler, Straf 6

This bill permits the commissioner of safety to draw on the default bench warrant fund to fund a position dedicated to locating and apprehending persons improperly at large for driving-related offenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 Motor Vehicles; Drivers' Licenses; License Suspension and Revocation; Suspension for Forfeitures of Recognizances; Funding for Location and Apprehension. Amend RSA 263:56-d to read as follows:

263:56-d Suspension for Forfeitures of Recognizances. Notwithstanding the provisions of RSA 263:56-a, the procedure for suspension of licenses and collection of payments for forfeited recognizances for driving offenses shall be in accordance with RSA 597:38-b. Payments collected by the court under RSA 597:38-b shall be deposited into a special fund, known as the default bench warrant fund. The commissioner may draw on such fund to pay the cost of state, county, and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses up to a maximum amount of $100 per bench warrant. The commissioner may also draw upon such fund to establish one full-time position, the duties of which shall be to locate and apprehend persons improperly at large for driving-related offenses. The person employed in such position shall be a peace officer, certified under RSA 188-F:26, and shall be a classified employee, classified at least at labor grade 17. On or before July 1 of each year, the commissioner shall submit a report to the joint legislative fiscal committee detailing the number of people apprehended pursuant to this section, any offenses charged, and the amount of money received as a result of the apprehensions. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the disbursement of moneys from the default bench warrant fund to pay the costs related to law enforcement officials and bench warrants. The commissioner may also draw upon such fund to pay the cost of breath analyzer machines, upon the recommendation of the advisory committee on breath analyzer machines pursuant to RSA 106-G:1.

2 Proceedings in Criminal Cases; Bail and Recognizances; Forfeitures of Recognizances and Actions Thereon; Collection of Forfeitures, Motor Vehicles; Costs of Motor Vehicle Inspectors. Amend RSA 597:38-b, II to read as follows:

II. Payments of the forfeited recognizance under paragraph I shall be sent to the department of safety and deposited into a special fund, known as the default bench warrant fund, established in RSA 263:56-d to pay the costs of state, county, and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses, to pay the costs of a person employed pursuant to RSA 263:56-d incurred in locating and apprehending persons improperly at large for driving-related offenses, and to pay the cost of breath analyzer machines.

The Department of Safety indicates this bill will increase state expenditures by $32,340 in FY 2002, by $50,442 in FY 2003, by $52,415 in FY 2004, and by $54,494 in FY 2005. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

The Department states it will pay for the salary of one motor vehicle inspector, labor grade 17, including hazardous duty pay, benefits at 32% and various supplies, from the default bench warrant fund as shown below. The expenditures in FY 2002 represents a half-year's worth of salary and benefits expenditures since the bill is effective on January 1, 2002.

FY 2002 FY 2003 FY 2004 FY 2005

Salary $18,364 $37,456 $38,951 $40,526

Benefits @ 32% 5,876 11,986 12,464 12,968

$24,240 $49,442 $51,415 $53,494

Uniforms/Supplies 8,100 1,000 1,000 1,000

Total $32,340 $50,442 $52,415 $54,494