HB 683-FN-A-LOCAL – AS INTRODUCED
2009 SESSION
03/10
HOUSE BILL 683-FN-A-LOCAL
AN ACT relative to disposition of motor vehicle fines, relative to fines for speed limit violations, and requiring the department of safety to inform drivers of changes to the motor vehicle laws.
SPONSORS: Rep. G. Andersen, Graf 11; Rep. Devine, Rock 7
This bill:
I. Requires that 20 percent of each motor vehicle fine be forwarded to the municipality in which the offense occurred.
II. Increases fines for speed limit violations and requires that fines be adjusted using the Consumer Price Index for All Urban Consumers.
III. Requires the department of safety to inform applicants for driver’s license renewals of changes to the motor vehicle laws occurring during the previous 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0400
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to disposition of motor vehicle fines, relative to fines for speed limit violations, and requiring the department of safety to inform drivers of changes to the motor vehicle laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Disposition of Receipts. Amend RSA 260:23 to read as follows:
260:23 Disposition of Receipts. All fees, fines, and forfeitures received by any person under the provisions of any laws of the state relative to the use and driving of vehicles shall be paid to the department within 14 days after the receipt thereof; and all moneys received by the department shall be paid monthly to the state treasurer, except that the director shall pay 20 percent of each fine received for a violation of the motor vehicle laws to the municipality in which the offense occurred before the remainder is paid to the state treasurer.
2 Waiver in Lieu of Court Appearance; Disposition of Fines. Amend RSA 262:44, I to read as follows:
I. Such defendant shall receive, in addition to the summons, a uniform fine schedule entitled “Notice of Fine, Division of Motor Vehicles” which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of the division of motor vehicles within 30 days of the date of the summons. The director of the division of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims’ assistance fund in the percentages and manner prescribed in RSA 188-F:31. For each fine received, the director shall pay 20 percent of the fine amount to the municipality in which the offense occurred. The remainder of the fines shall be paid over to the treasurer for deposit in the highway fund, or to such department or agency of the state as the law provides, within 14 days of their receipt.
3 New Section; Changes in Motor Vehicle Laws. Amend RSA 263 by inserting after section 6-c the following new section:
263:6-d Changes in Motor Vehicle Laws. The department shall annually publish a compilation of the changes in the motor vehicle laws occurring during the previous 5 years. The director shall forward a copy of the compilation to every person eligible for a driver’s license renewal with the notice required by RSA 263:10, I. The compilation shall include a form to be executed by the applicant that acknowledges that he or she has received and reviewed the compilation. The director shall not renew the driver’s license of any person who has not executed the acknowledgment and returned it to the department.
4 On-Line Renewal. Amend RSA 263:10, II to read as follows:
II. Notwithstanding paragraph I, the director may adopt rules pursuant to RSA 541-A providing for the renewal of driver licenses by applicants on-line rather than by appearing in person; provided that the applicant is otherwise eligible for license renewal, is not required to submit to a road test under the provisions of RSA 263:7, has submitted the acknowledgment required by RSA 263:6-d and proof sufficient to the director that he or she meets the visual acuity requirements for licensing, and has a computerized image on file with the division. A license may be renewed on-line only once in every other license renewal cycle and the next cycle shall require appearance in person at a licensing facility.
5 Speed Limits; Fines. Amend RSA 265:60, V-VI to read as follows:
V. The fines for violation of subparagraphs II(a)-(d) shall be as follows:
Miles per hour above the limit specified:
1-10 [$50] $100
11-15 [75] $150
16-20 [100] $200
21-25 [200] $400
26+ Must appear
(Minimum [$350] $700)
VI. The fines for violations of subparagraph II(e) shall be as follows:
Miles above the 65 mph limit:
1-5 [$65] $130
6-10 [100] $200
11-15 [150] $300
16-20 [250] $500
21-25 [350] $700
26+ Must appear
VII. Beginning January 1, 2011, the commissioner shall annually adjust the fine amounts established in paragraphs V and VI using the Consumer Price Index for All Urban Consumers (CPI-U) as determined by the Bureau of Labor Statistics. The commissioner shall post the adjusted fine amounts on the department’s Internet site prior to the effective date of the adjustments.
6 Duties of Clerk; Disposition of Fines. Amend RSA 502-A:8 to read as follows:
502-A:8 Duties of Clerks; Disposition of Fines. The clerk shall receive all fines and forfeitures paid into the district court from any source. The clerk of any district or municipal court may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is deposited in the general fund and not out of the penalty assessment charged by a district or municipal court. For each fine received for a violation of title XXI, the clerk shall pay 20 percent of the fine amount to the municipality in which the offense occurred. After deducting court seal, record books, printing blanks, and such other expenses as may be legally incurred in the maintenance and conduct of said court and the amount paid to the municipality, if applicable, the clerk shall, except in cases otherwise provided, pay the same over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days. After deduction of expenses enumerated above, fines and forfeitures collected by the clerk for violations of municipal ordinances, codes, or regulations, except those adopted pursuant to RSA 31:39, I(g); RSA 41:11; RSA 47:17, IV, VI, VII, or VIII; and RSA 105:6-7, shall be remitted within 14 days to the treasurer of the municipality prosecuting said violations, for the use of the municipality. All expenses related to the processing of parking violations and the administrative collection of parking fines shall be the responsibility of the local unit of government, and all fines collected shall be retained in their entirety by the local unit of government.
7 Uniform Fine Schedule. Amend RSA 502-A:19-b, V to read as follows:
V. The uniform fine schedule and administrative processing fee referred to in paragraphs I and II, developed and promulgated by the New Hampshire supreme court after approval by the legislative fiscal committee, shall, on and after January 1, 2005, be changed only by statute, except for adjustments made by the commissioner of safety pursuant to RSA 265:60, VII.
8 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0400
01/23/09
HB 683-FN-A-LOCAL - FISCAL NOTE
AN ACT relative to disposition of motor vehicle fines, relative to fines for speed limit violations, and requiring the department of safety to inform drivers of changes to the motor vehicle laws.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state highway fund revenues by $187,770 in FY 2010, $530,739 in FY 2011, $846,142 in FY 2012, and $1,171,576 in FY 2013, will increase state general fund revenue by $283,869 in FY 2010, $742,806 in FY 2011, $1,098,436 in FY 2012, and $1,465,374 in FY 2013, and will increase state restricted revenue by $490,891 in FY 2010, $1,049,426 in FY 2011, $1,186,867 in FY 2012, and $1,328,677 in FY 2013. This bill will increase local revenue by $2,502,579 in FY 2010, $5,084,740 in FY 2011, $5,246,434 in FY 2012, and $5,413,271 in FY 2013. The Department of Safety states this bill will increase state expenditures by $184,951 in FY 2010, $202,352 in FY 2011, $207,838 in FY 2012, and $214,480 in FY 2013. This bill has no fiscal impact on county revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill requires 20% of motor vehicle fines to be forwarded to the municipality in which the offense occurred, doubles the fines for speeding violations in RSA 265:60, V and VI, and increases future fines for speeding based on the consumer price index.
From FY 2008 data, the Branch estimates the proposed increase in speeding fines will be $5,775,182 ($19,250,606 motor vehicle fines in FY 2008 x 30% approximate number of speeding violations). Thus, from the FY 2008 data, total annual fines will be $25,025,788 ($19,250,606 + $5,775,182). The Branch assumes this bill will be effective January 1, 2010, therefore FY 2010 fines will be $12,512,894 of which 20%, or $2,502,579 will be directed to municipalities. The remainder of fine will be deposited in the general fund if collected by the courts, and deposited in the highway fund if returned by mail to the Department of Safety. The Branch states approximately 51.23% of fines are received by the courts, while 48.77% is received by the Department of Safety. Therefore general fund revenues will increase by $197,242 in FY 2010 (80% of $12,512,894 fines x 51.23% less current half year revenue $19,250,606/2 x 51.23%) and highway fund revenues will increase by $187,770 (80% of $12,512,894 fines x 48.77% less current half year revenue of $19,250,606/2 x 48.77%). Applying the five-year average CPI of 3.18% starting on January 1, 2011, general fund revenues will increase $557,614 in FY 2011, $888,989 in FY 2012, and $1,230,901 in FY 2013, and highway fund revenues will increase $530,739 in FY 2011, $846,142 in FY 2012, and $1,171,576 in FY 2013. Local revenues will increase by $5,084,740 in FY 2011, $5,246,434 in FY 2012, and by $5,413,271 in FY 2013.
The penalty assessment, 20% of the fine, will increase as a result of the increase in speeding violation fines and the application of the CPI starting on January 1, 2011. The penalty assessment is split three ways, with 65% percent directed to the Police Standards and Training Council Training Fund, 20% directed to the Victims’ Assistance Fund, and the remainder deposited in the general fund. The Branch estimates the penalty assessment will increase by $577,518 in FY 2010 (FY 2010 proposed revenue $25,025,788/2 x 20% less current revenue $19,250,606/2 x 20%). Therefore Police Standards and Training Council Training Fund revenues from the penalty assessment for each violation would increase by $375,387 in FY 2010 ($577,518 x 65%), Victims’ Assistance Fund revenues would increase by $115,504 in FY 2010 ($577,518 x 20%), and general fund revenues would increase by $86,627 in FY 2010 ($577,518 less $375,387 and $115,504). Applying the five-year average CPI of 3.18%, Police Standards and Training Council Training Fund revenues will increase $802,502 in FY 2011, $907,604 in FY 2012, and $1,016,047 in FY 2013, and Victims’ Assistance Fund revenues will increase $246,924 in FY 2011, $279,263 in FY 2012, and $312,630 in FY 2013. General fund revenues will increase by $185,193 in FY 2011, $209,447 in FY 2012, and by $234,472 in FY 2013.
The Department of Safety states this bill requires the Department to inform applicants for driver’s license renewals of changes to the motor vehicle laws occurring during the previous 5 years. The Department states each time the fine schedule is changed, new tickets must be printed and distributed throughout the state, increasing highway fund expenditures by $80,000 in FY 2010 and each year thereafter. The Department estimates changes enacted by the bill will require 2 new positions, 1 Financial Responsibility Clerk (LG 12) and 1 Business Administrator II (LG 24), to maintain records related to new legislations, possible establish a new accounting system, handle correspondence and phone calls to and from local governments, and initiate and coordinate the dissemination of funds when required. The total cost of salaries, benefits, and supplies for these 2 positions will be $61,201 in FY 2010, $122,352 in FY 2011, $127,838 in FY 2012, and $134,480 in FY 2013. Additionally, the Department estimates highway fund expenditures will increase for one-time computer programming costs of $43,750 in FY 2010 (250 hours x $175/hour).