HB 528-FN – AS INTRODUCED
2009 SESSION
08/03
HOUSE BILL 528-FN
AN ACT establishing a restricted driver’s license for work-related transportation.
SPONSORS: Rep. Emiro, Rock 3; Rep. Pantelakos, Rock 16; Rep. K. Roberts, Ches 3; Rep. Ingersoll, Coos 4
This bill establishes a restricted driver’s license for work-related transportation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0237
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a restricted driver’s license for work-related transportation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Driver’s License Fees; Restoration. Amend RSA 263:42, V to read as follows:
V.(a) 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 $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.
(b) Whenever a driver’s license has been suspended or revoked and a limited privilege license is issued under RSA 263:57-b, a fee of $50 shall be paid by the licensee for the issuance of the limited privilege license.
2 New Section; Limited Privilege License after Revocation or Suspension. Amend RSA 263 by inserting after section 57-a the following new section:
263:57-b Limited Privilege License After Revocation or Suspension.
I. Notwithstanding any provision of law to the contrary, if a person commits an offense which results in the suspension or revocation of such person’s driver’s license, he or she may petition the court, or the director if the suspension was authorized under RSA 263:56, for a limited privilege license. To qualify for consideration, the person shall submit an application that demonstrates the need for the license. Satisfactory evidence must be presented:
(a) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment.
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
II. A person whose suspension or revocation was the result of the following offenses shall not be eligible for a limited privilege license:
(a) RSA 259:39, habitual offender.
(b) RSA 263:64, driving after revocation or suspension.
III. Neither the court nor the director may issue a limited privilege license to a person whose license was revoked or suspended pursuant to RSA 265-A:18 or RSA 265-A:30 until the following minimum periods of suspension or revocation are satisfied:
(a) For a period of 90 days after the beginning of the suspension or revocation if the suspension or revocation is for refusal to take an alcohol concentration test under RSA 265-A:30.
(b) For a period of 30 days after the beginning of the suspension or revocation and after completion of the impaired driver intervention program if the suspension or revocation is the result of a conviction of a first offense under RSA 265-A:18.
(c) For a period of 90 days after the beginning of the suspension or revocation and after completion of the multiple DWI offender intervention detention center program if the suspension or revocation is the result of a conviction of a second or subsequent offense under RSA 265-A:18.
IV. A limited privilege license shall limit the person’s driving privileges:
(a) To the times, places, routes, and days determined to be minimally necessary for the person to seek or retain employment.
(b) To times, places, routes, and days that are specifically stated.
V. Limited privilege licenses shall expire on the date specified by the court or the director.
VI. A violation of the terms of the limited privilege license shall be considered a violation of RSA 263:64 and the limited privilege license shall be revoked.
3 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0237
01/16/09
HB 528-FN - FISCAL NOTE
AN ACT establishing a restricted driver’s license for work-related transportation.
FISCAL IMPACT:
The Department of Safety states this bill will increase state highway fund revenue, state highway fund expenditures, and local revenue by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on county revenues and county or local expenditures.
METHODOLOGY:
This bill establishes a restricted driver’s license for work related transportation. The Department of Safety states this bill authorizes limited driving privileges for certain persons whose license have been revoked or suspended. Accordingly, a fee of $50 would be charged for each restricted driver’s license issued. The Department states it can not estimate how much additional revenue would be generated for the highway fund as a result of this fee because the Department can not estimate the number of restricted licenses that would be requested or issued. In addition, The Department notes that per RSA 235:23, municipalities would receive 12% of any fees received.
The Department also states that highway fund expenditures would increase by an indeterminable amount as a result of computer programming costs that would be incurred in the implementation of the proposed legislation.
This bill does not contain an appropriation.