HB 1604-FN- VERSION ADOPTED BY BOTH BODIES
06Feb2008… 0339h
18Mar2008… 0906h
2008 SESSION
06/01
HOUSE BILL 1604-FN
AN ACT relative to the electronic toll collection system.
This changes current procedures so that after the department of transportation has notified the department of safety of an unpaid E-Z Pass violation, the department of safety may suspend the owner’s registration renewal privileges, but not the owner’s driving privileges, registration, or resident plates.
This bill is a request of the department of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Feb2008… 0339h
18Mar2008… 0906h
08-2404
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the electronic toll collection system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Order of Suspension. Amend RSA 263:56-f, I and II to read as follows:
I. Upon receiving a report from the commissioner of the department of transportation or designee, that the owner of a vehicle, as defined in RSA 236:31, has violated the terms of RSA 236:31, the director shall notify the owner in writing by first class mail that the owner’s [driving privileges, registration, resident plates, or] motor vehicle registration renewal privileges may be suspended on the date which is 30 days from the date of notification unless the toll and any administrative fees assessed by the department of transportation are paid. The director shall also notify the owner that he or she may request an administrative hearing before the suspension takes effect. A request for a hearing shall be in writing. A request for a hearing received by the division more than 30 days from the date the notice is issued shall be denied as untimely.
II.(a) The director shall, pursuant to RSA 541-A, adopt by rule, a uniform administrative fine schedule for [each separate violation that] violations. The fine for each suspension of registration renewal privileges requested by the commissioner of transportation shall not exceed:
(1) $250 for a first [offense] requested suspension.
(2) $500 for a second offense within a 12-month period from the time of the first requested suspension.
(3) $1,000 for a third or subsequent offense within a 12-month period from the time of the first requested suspension.
(b) [No fine shall take effect unless approved by the commissioner.] The commissioner [shall have the authority to modify the amount of the fine assessed] of safety, in proven cases of hardship or for other good cause, may suspend all or part of any administrative fine so imposed. Notwithstanding any other law to the contrary, all administrative fines collected under this section shall be deposited into the turnpike fund.
2 Reinstatement. RSA 263:56-f, V is repealed and reenacted to read as follows:
V. The registration renewal privileges of any vehicle, if applicable, of an owner shall be reinstated upon notice to the director from the department of transportation that all tolls, fees, and fines have been paid.
3 Certification. Sections 1 and 2 of this act shall take effect as soon after passage as the commissioner of safety certifies to the commissioner of transportation and the director of the office of legislative services that the data processing system has been programmed to accommodate this change and no later than January 1, 2009.
4 Effective Date.
I. Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.
II. The remainder of this act shall take effect upon its passage.
LBAO
08-2404
Amended 04/01/08
HB 1604 FISCAL NOTE
AN ACT relative to the electronic toll collection system.
FISCAL IMPACT:
The Department of Transportation and Safety state this bill, as amended by the House (Amendment #2008-0906h), will have an indeterminable fiscal impact on state highway fund revenue, state highway fund expenditures, and local revenue and may increase general fund by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on county and local expenditures or county revenue.
METHODOLOGY:
The Departments of Transportation and Safety state this bill changes the current E-Z Pass violation procedures. This bill specifies that after the Department of Transportation (DOT) has notified the Department of Safety of an unpaid E-Z Pass violation, the Department of Safety may suspend the owner’s registration renewal privileges, but not the owner’s driving privileges, registration or resident plates. The Department of Safety and DOT are not able to determine the fiscal impact on state highway fund revenue from registration restoration or the potential increase in general fund revenue from the fines because it cannot estimate how many individuals would be subject to having their registration renewal privileges suspended. The Department indicates state highway fund expenditures and local revenue will change by 12% (RSA 235:23) depending on changes to the state highway fund revenue.