HB 203-FN – AS INTRODUCED

2011 SESSION

11-0179

03/09

HOUSE BILL 203-FN

AN ACT relative to mandatory motor vehicle liability insurance.

SPONSORS: Rep. Hoelzel, Rock 2; Rep. DeSimone, Rock 6; Rep. Ferrante, Rock 5; Rep. Gimas, Hills 12; Rep. Sad, Ches 2

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill requires proof of a motor vehicle liability policy in order to register a motor vehicle and requires drivers to possess proof of a motor vehicle liability policy. This bill also increases the minimum liability limits for motor vehicle liability policies.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0179

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to mandatory motor vehicle liability insurance.

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

1 Definitions; Motor Vehicle Liability Policy. Amend RSA 259:61, I to read as follows:

I. Indemnity for or protection to the insured and any person responsible to him or her for the operation of the insured’s motor vehicle, trailer, or semi-trailer who has obtained possession or control thereof with his or her express or implied consent, against loss by reason of the liability to pay damages to others for damage to property, except property of others in charge of the insured or his or her employees, or bodily injuries, including death at any time resulting therefrom, accidentally sustained during the term of said policy by any person other than the insured, or employees of the insured actually operating the motor vehicle or such other person responsible as aforesaid who are entitled to payments or benefits under the provisions of any workers’ compensation act arising out of the ownership, operation, maintenance, control, or use within the limits of the United States of America or the Dominion of Canada of such motor vehicle, trailer, or semi-trailer, to the amount or limit of at least [$25,000] $100,000 on account of injury to or death of any one person, and subject to such limit as respects injury or death of one person, of at least [$50,000] $300,000 on account of any one accident resulting in injury to or death of more than one person, and at least $25,000 for damage to property of others, as herein provided, or a binder pending the issue of such a policy or an endorsement to an existing policy, as defined in RSA 264:14, [18] 264:18, and [19] 264:19, and

2 Application for Registration; Proof of Insurance Required. Amend RSA 261:52 to read as follows:

261:52 Application for Registration.

I. Application for the registration of vehicles may be made by the owner thereof by mail or otherwise to the department, upon blanks prepared by the director. In addition to such other particulars as the director may require, the application shall contain the applicant’s birth date, unless the vehicle is registered in the name of a person other than a natural person, in which case the date assigned by the director shall be used as the date of birth. All applications shall contain the words: “This application is signed and any additional information is offered under penalty of unsworn falsification pursuant to RSA 641:3.” The proper fee shall be deposited before the application is granted.

II. The applicant shall submit with the application proof of a motor vehicle liability policy indicating that such policy is valid for the duration of the registration period or longer. No registration shall be issued, renewed, or transferred without adequate proof of a motor vehicle liability policy.

3 Amount of Proof of Financial Responsibility. Amend RSA 264:20 to read as follows:

264:20 Amount of Proof of Financial Responsibility. Proof of financial responsibility shall mean proof of ability to respond in damages for any liability thereafter incurred, as a result of accidents which occur in New Hampshire, arising out of the ownership, maintenance, control, or use of a motor vehicle, trailer, or semi-trailer in the amount of [$25,000] $100,000 because of bodily injury or death to any one person; and subject to said limit respecting one person, in the amount of [$50,000] $300,000 because of bodily injury to or death to 2 or more persons in any one accident, and in the amount of $25,000 because of injury to and destruction of property in any one accident. Whenever required under this chapter such proof in such amounts shall be furnished for each motor vehicle, trailer or semi-trailer registered by such person.

4 New Section; Possession of Proof of Motor Vehicle Liability Policy Required. Amend RSA 265 by inserting after section 96 the following new section:

265:96-a Possession of Proof of Motor Vehicle Liability Policy Required. Every person driving a motor vehicle shall have proof of a valid motor vehicle liability policy covering the person upon his or her person or in the vehicle in some easily accessible place and shall display the same on demand of and manually surrender the same into the hands of the demanding officer for the inspection thereof. No person charged with a violation of this section shall be convicted if, within a period of 48 hours, he or she produces in the office of the arresting officer evidence that he or she held a valid motor vehicle liability policy which was in effect at the time of his or her arrest. Any person violating this section shall be guilty of a violation and fined not less than $250 nor more than $500 for the first offense and not less than $500 nor more than $1,000 for a second offense, and guilty of a misdemeanor for any third or subsequent offense within 5 years.

5 Effective Date. This act shall take effect January 1, 2012.

LBAO

11-0179

01/14/11

HB 203-FN - FISCAL NOTE

AN ACT relative to mandatory motor vehicle liability insurance.

FISCAL IMPACT:

METHODOLOGY:

   

FY 2012

FY 2013

FY 2014

FY 2015

DMV Record Retention System Programming Changes (1200 hrs at $175 per hour):

210,000

-

-

-

Municipal Agent Training

7,000

-

-

-

Updating Forms

2,750

-

-

-

Additional Personnel for maintaining records and verification (2 Data Clerk II, LG 10), (note: FY 2012 represents 6 mos.):

       
 

Salaries

24,629

51,160

53,078

55,028

 

Benefits

12,750

27,474

29,650

32,022

Totals

257,129

78,634

82,728

87,050