HB 0767

CHAPTER 351

HB 767 – FINAL VERSION

AN ACT relative to insurance for volunteer drivers and establishing a state coordinating council for community transportation.

SPONSORS: Rep. Rodeschin, Sull 2; Rep. Theberge, Coos 4; Rep. Wallner, Merr 12; Rep. Hager, Merr 12; Rep. Stiles, Rock 15; Sen. Odell, Dist 8; Sen. Burling, Dist 5; Sen. Gallus, Dist 1; Sen. Foster, Dist 13

This bill prohibits insurance companies from refusing to issue motor vehicle insurance to or increasing rates for a person because the person is a volunteer driver. This bill also establishes a state coordinating council for community transportation in New Hampshire.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to insurance for volunteer drivers and establishing a state coordinating council for community transportation.

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

351:1 New Section; Rate Regulation, Motor Vehicle Insurance; Volunteer Drivers. Amend RSA 412 by inserting after section 17 the following new section:

412:17-a Volunteer Drivers. An insurer may not refuse to issue a policy of automobile insurance, as defined in RSA 417-A, to an applicant solely because the applicant is a volunteer driver. An insurer may not impose a surcharge or otherwise increase the rate for a policy of automobile insurance solely on the basis that the named insured, a member of the insured’s household, or a person who customarily operates the insured’s vehicle is a volunteer driver. For purposes of this section, “volunteer driver” means a person who provides services, including transporting individuals or goods, without compensation above expenses to a charitable organization as defined in RSA 7:21. This section does not prohibit an insurer from refusing to renew, imposing a surcharge, or otherwise raising the rate for a policy of automobile insurance based upon factors other than the volunteer status of the insured driver.

351:2 New Chapter; State Coordinating Council (SCC) for Community Transportation in New Hampshire. Amend RSA by inserting after chapter 239-A the following new chapter:

239-B:1 State Coordinating Council (SCC) for Community Transportation Established. There is hereby established a state coordinating council (SCC) for community transportation in New Hampshire.

(a) The commissioner of the department of health and human services, or designee.

(d) The executive director of the governor's commission on disability, or designee.

(f) A representative of a regional planning commission, appointed by the commissioner of transportation.

(g) A representative of a philanthropic organization, such as the Endowment For Health or the United Way, appointed by the commissioner of the department of health and human services.

(h) Eight representatives from transportation providers, the business community, and statewide organizations, such as Granite State Independent Living, AARP, Easter Seals, and the UNH Institute on Disability, appointed by the governor and council.

II. Members of the SCC shall receive no compensation through the SCC when attending to the duties of the SCC.

III. The first meeting of the SCC shall be held within 45 days of the effective date of this section. The members of the SCC shall annually elect a chairperson and vice-chairperson from among the members. The SCC shall meet on a quarterly basis, or as needed. Eight members of the SCC shall constitute a quorum.

I. Develop, implement, and provide guidance for the coordination of shared ride transportation options within New Hampshire so that senior citizens and persons with disabilities can access local and regional transportation services and municipalities, human service agencies, and other organizations can purchase shared ride coordinated transportation services for their citizens, clients, and customers.

II. Set statewide coordination policies for community transportation, establish community transportation regions, encourage the development of regional coordination councils, assist other regional efforts as needed, and monitor the results of statewide coordination.

III. Assist regional coordination councils regarding their designations for regional transportation coordinators in order to ensure that the coordinators chosen will be able to meet any federal or state requirements associated with major funding streams.

IV. Solicit and accept donations for funding to implement and sustain regional transportation coordinators.

239-B:4 Reports. The SCC shall annually report its findings, progress, and any recommendations for proposed legislation to the governor, the speaker of the house of representatives, and the president of the senate by November 1 of each year. The report shall cover the state fiscal year ending June 30 of the same year.

239-B:5 Fund Established. There is established in the office of the state treasurer a nonlapsing fund to be known as the regional transportation coordination fund which shall be kept distinct and separate from all other funds. All moneys in the regional transportation coordination fund shall be continually appropriated to the SCC for the purpose of making grants to regional transportation coordinators. The treasurer shall deposit all donations received pursuant to RSA 239-B:3, IV in the regional transportation coordination fund.

351:3 New Subparagraph; Application of Receipts; Regional Transportation Coordination Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (252) the following new subparagraph:

(253) All moneys deposited in the regional transportation coordination fund under RSA 239-B:5