FNBookMark

OFA Fiscal Note and OLR Bill Analysis

sHB-6393

AN ACT CONCERNING TRANSPORTATION, MOTOR VEHICLES, HIGHWAY SAFETY AND SPECIAL TRANSPORTATION FUND.

OFA SUMMARY IMPACT:

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Transportation

TF - See Below

See Below

See Below

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

A section-by-section fiscal impact analysis is presented in conjunction with the bill summary.

OLR SUMMARY:

This bill:

1. establishes a new Driver Responsibility Fee Assessment for people convicted of certain motor vehicle-related offenses;

2. increases fees related to oversize vehicle permits issued by the Department of Transportation (DOT) and establishes a new set of engineering fees;

3. increases numerous motor vehicle-related fees;

4. postpones implementation of driver license renewal vision screening requirements for two years, until July 1, 2011;

5. eliminates the motor vehicle commissioner's authority to charge a fee for renewal of drivers' licenses and passenger endorsements;

6. eliminates the New Haven Line revitalization account as a separate account in the Special Transportation Fund;

7. makes technical and conforming changes.

EFFECTIVE DATE: July 1, 2009

§ 1 – Driver Responsibility Fee Assessment

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Motor Vehicles

TF – Revenue Gain

4,000,000

8,000,000

Department of Motor Vehicles

TF – Revenue Gain

Less than 150,000

Less than 150,000

Department of Motor Vehicles

TF - Cost

53,000

53,000

Comptroller Misc. Accounts (Fringe Benefits)1

TF - Cost

13,478

13,478

Department of Motor Vehicles

TF - Cost

500,000

None

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

This section establishes a $ 1,000 fee to be imposed (for a period of two years) by the Commissioner of the Department of Motor Vehicles on any person found guilty of certain offenses specified within the bill. Each year, approximately 5,000 offenders are convicted of these crimes. Provided that 80% of these offenders pay their fines, first year revenues would be approximately $ 4 million and annual revenues in FY 11 and thereafter would be approximately $ 8 million.

The revenue gain to the Transportation Fund from the driver's license point surcharge is anticipated to be less than $ 150,000 per year.

The Department of Motor Vehicles (DMV) will require 1 additional License Motor Vehicle Inspectors at $ 53,000 each plus fringes to process driver history records. There is a one-time cost to DMV of $ 500,000 in FY 10 for development and computer programming of the Driver Responsibility Fee Assessment system.

OLR Analysis

The bill establishes a Driver Responsibility Fee Assessment under which drivers convicted of certain violations must pay an additional fee to the state for a two-year period (see Comment). It requires:

1. anyone who accumulates seven or more driver's license points to pay an annual fee of $ 100 for two consecutive years and an additional $ 50 for each point accumulated above seven; and

2. anyone convicted of certain serious offenses to pay an additional annual fee of $ 1,000 for two consecutive years.

The fees are in addition to the fines and other charges that must be paid for the violations themselves.

The serious offenses for which the additional two-year $ 1,000 fee applies include:

1. manslaughter, negligent homicide, or a felony resulting from operation of a motor vehicle;

2. “driving while impaired in violation of subsection (b) of section 14-227a of the general statutes”;

3. failing to stop and disclose one's identity at the scene of an accident when required by law; and

4. fleeing or eluding an officer.

The bill requires the motor vehicle commissioner to collect these additional fees. He must send a notice of the driver responsibility assessment to the person by regular mail to the address in DMV records. If payment is not received within 30 days of when he mailed the notice, the commissioner must send a second notice stating that if payment is not received within the next 30 days the driver's “driving privileges” will be suspended. (Presumably, the second 30-day period begins when the second notice is mailed.

The commissioner may authorize payment of amounts of $ 500 or more by installment for a period of up to 12 months. If a payment is not received or an installment plan is not established after the time limit required by the second notice expires, the commissioner must suspend the person's “driving privileges” until it and “any other fees prescribed” by this provision are paid. (There do not appear to be any other fees prescribed by this provision. )

The fee the bill establishes based on accumulated driver's license points can only be assessed on points assigned after July 1, 2009. Drivers with seven license points on July 1, 2009 may not be assessed the fee until they receive points after July 1.

Comment

By law, the motor vehicle commissioner may establish a driver's license point system by regulation. However, not all pointable violations result in assessment of license points. By law, the commissioner may not assess license points for an infraction or violation if it is eligible for mail-in processing to the Centralized Infractions Bureau and the person sends payment of the fine, fees, and other charges by the date required (CGS Sec. 14-137a).

The bill's references to some of the serious offenses that result in the two-year $ 1,000 assessment are ambiguous. The reference to manslaughter resulting from motor vehicle operation appears to mean manslaughter in the second degree with a motor vehicle (CGS Sec. 53a-56b). The reference to negligent homicide resulting from vehicle operation appears to mean negligent homicide with a motor vehicle (CGS Sec. 14-222a) but it also could include misconduct with a motor vehicle (CGS Sec. 53a-57). It is unclear what offenses may be involved under the reference to “a felony resulting from the operation of a motor vehicle.

The reference to “driving while impaired in violation of subsection (b) of section 14-227a” appears to be incorrect. Subsection (b) refers to the admissibility of a chemical test of blood, breath, or urine in a criminal prosecution. Subsection (a) of 14-227a establishes the offenses of driving “while under the influence of alcohol or drugs” or with an “elevated blood alcohol content. ” There is no reference in the statute to “driving while impaired.

The references to “failing to stop and disclose identity at the scene of an accident” and “fleeing or eluding an officer” appear to refer to offenses prosecuted under CGS Secs. 14-224 and 14-223(b) respectively.

§ 2 – Fees Related to DOT Oversize Vehicle Permits

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Transportation

TF – Revenue Gain

4. 1 million

4. 2 million

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

The bill increases permit fees for oversized and/or overweight vehicles. This is expected to result in a revenue gain to the Transportation Fund of approximately $ 4. 1 million in FY 10 and $ 4. 2 million in FY 11 and thereafter.

OLR Analysis

By law, a motor vehicle that exceeds the maximum height, width, length, or weigh limitations set by state law may only be operated on a highway if it has been issued a DOT oversize vehicle permit. The bill establishes an engineering fee for overweight vehicle permits that varies by the amount the vehicle exceeds state limits as follows:

1. $ 50 for a single unit truck that exceeds gross weight limits of: 110,000 pounds on four axles, 114,500 pounds on five axles, or 115,000 pounds on six axles when routing requires such vehicle to traverse a structure with a non-posted limit;

2. $ 100 for any vehicle combination for: (a) an overweight permit request for a vehicle with a gross vehicle weight of more than 160,000 pounds but less than 200,000 pounds, or (b) an oversize permit request for a vehicle with a height or width exceeding 15 feet or an overall length exceeding 140 feet;

3. $ 200 for any vehicle combination weighing 200,000 pounds or more but less than 500,000 pounds;

4. $ 500 for any vehicle combination weighing 500,000 pounds or more.

Vehicles required to pay the engineering fee are permitted to use the approved routing for a six-month period, as long as neither the vehicle configuration nor routing change.

By law a vehicle owner or lessee may pay for either a single trip permit or an annual permit. The bill increases the single trip permit fee from $ 23 to $ 30 and requires it to be nonrefundable. It increases the fee for an annual permit for a vehicle transporting (a) a divisible load, (b) an overweight or oversized-overweight indivisible load, or (c) an oversize divisible load from $ 7 to $ 9 per 1,000 pounds of weight or fraction thereof. By law, the annual permit may be issued in any increment up to one year. Currently, the applicant must pay one-tenth of the annual fee for each month or part of a month. The bill increases this to $ 100 per month or fraction.

Currently, an annual permit for a vehicle transporting an oversize indivisible load must be a minimum of $ 500. The bill increases this to $ 650.

Finally, the bill increases the transmittal fee from $ 3 to $ 5 for each permit issued and transmitted electronically.

The bill prohibits all of these fees from being prorated, transferable, or refundable.

§§3-15 – Various Motor Vehicle Fee Increases

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Motor Vehicles

TF – Revenue Gain

36. 2 million

36. 2 million

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

The bill increases various fees. This is expected to result in a revenue gain to the Transportation Fund of approximately $ 36. 2 million per year.

OLR Analysis

The bill increases various motor vehicle-related fees as shown below.

Bill §

CGS §

Fee Description

Current Fee

Proposed Fee

3

1-1h

Non-driver ID issuance

$ 22. 50

$ 29

Non-driver ID renewal

$ 22. 50

$ 29

5

14-12s

Vehicle registration-administrative

$ 10

$ 15

6

14-16

Transfer of vehicle registration to a family member when owner dies

$ 20

$ 25

Transfer of vehicle registration in connection with corporate reorganization

$ 20

$ 25

Transfer of registration between vehicles

$ 20 (minimum)

$ 25 (minimum)

7

14-41

Original driver's license Issue

 4-year

 6-year

 part of a year

$ 44

$ 66

$ 11

$ 52

$ 78

$ 13

8

14-44h

Commercial driver's license-original

$ 15 per year or part thereof

$ 19 per year or part thereof

9

14-47

Vehicles with commercial registration-additional fee

$ 10

$ 30

Vehicles with commercial registration with pneumatic tires

$ 44 (minimum)

$ 64 (minimum)

Annual registration fee-well drilling equipment

$ 46

$ 66

Annual registration fee for saw rigs and spray rigs

$ 25

$ 45

Minimum registration fee-all other commercial vehicles

$ 56

$ 76

10

14-49

Passenger vehicle registration

 One-year (seniors)   Two-year

$ 38 $ 75

$ 43 $ 85

Motorcycle registration (biennial)

with commercial sidecar

owned by manufacturer, dealer, or repairer (annual)

$ 40

$ 56

$ 35

$ 50

$ 66

$ 45

   

Taxicab/livery vehicle registration

$ 250

$ 270

Registration of antique, rare, or special interest motor vehicle

$ 75

$ 85

Motorbus registration (other than multistate carrier)

$ 53

$ 73

Biennial combination vehicle registration

$ 83

$ 93

Type I school bus registration

$ 100

$ 110

Vehicles seating more than 10 not used for hire- additional biennial fee

$ 13

$ 23

Noncommercial pick up weighing under 12,500 pounds-additional biennial fee

$ 13

$ 23

Electric vehicle registration

$ 18

$ 28

Motorcycle registration under general distinguishing number and mark

$ 35

$ 45

Minimum registration for vehicles without pneumatic tires

$ 56

$ 66

Registration transfer for vehicles except as provided by Sec. 14-16(e) or 14-253a

$ 20

$ 25

Hearse registration

$ 35

$ 45

Industrial truck registration

First 200 feet of highway use

Each additional 200 feet

 $ 28

 $ 12

 $ 38

 $ 13

Biennial camping or recreational trailer registration fee

$ 18

$ 28

Annual heavy duty trailer or other construction equipment registration fee

$ 306

$ 316

Temporary registration (per 10-day period)

Non-commercial vehicles

Commercial vehicles < up to 6,000 lbs

Commercial vehicles >6,001 lbs

 

$ 20

$ 25

$ 46

$ 25

$ 30

$ 51

Service bus registration--owned by other than non-profit organization: 16 passengers maximum more than 16 passengers Service bus registration--owned by non-profit organization 16 passengers maximum more than 16 passengers

$ 200 $ 700

$ 150 $ 500

$ 210 $ 710

$ 160 $ 510

Biennial farm vehicle registration

$ 28

$ 38

Additional fee for amateur radio plate

$ 65

$ 75

Biennial camper registration

$ 70

$ 80

Learner's permit

$ 18

$ 28

Motorcycle learner's permit

$ 15

$ 25

Reflectorized plate

$ 5

$ 10

High mileage vehicle registration

$ 44

$ 54

Special use registration

$ 20

$ 30

Late fee for failure to register

$ 10

$ 25

11

14-50

Driver's license exam

$ 40

$ 50

12

14-50a

Fee for duplicates of registrations, replacement plates, accident reports, etc.

$ 20

$ 25

Duplicate drivers' licenses

$ 30

$ 35

Minimum charge for transcripts of DMV hearings

$ 20

$ 25

13

14-50b

Driver's license or vehicle registration restoration fee

$ 125

$ 150

14

14-164c

Late fee-emissions inspections

$ 20

$ 25

15

14-192

Application for certificate of title

$ 25

$ 30

Noting security interest on a title

$ 10

$ 15

Record copy search

$ 20

$ 25

Assignment of security interest on a title

$ 10

$ 15

Application for duplicate title

$ 25

$ 30

Ordinary title in lieu of distinctive certificate

$ 10

$ 15

Filing notice of security interest

$ 10

$ 15

Certificate of DMV records search

$ 20

$ 25

Filing an assignment of security interest

$ 10

$ 15

Search of certificate of title record requested by non-owner

$ 20

$ 25

Filing bond for certificate of title

$ 25

$ 30

In addition, the bill increases from $ 200 to $ 250 the civil penalty the motor vehicle commissioner must collect when someone who has failed to maintain insurance on a passenger motor vehicle and has entered into a consent agreement with the commissioner (§4).

§ 7(a) – Postponment of Vision Screening for Drivers' License Renewals

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Motor Vehicles

TF – Savings

2. 2 million

2. 2 million

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

Postponing the requirement that DMV screen the vision of every licensed driver until FY 12 is expected to result in a savings to the Transportation Fund of approximately $ 2. 2 million in each year of the biennium.

OLR Analysis

The bill postpones for two years, until July 1, 2011, the requirement that the motor vehicle commissioner conduct a vision screening at the time of every other driver's license renewal. Under current law, in lieu of a DMV screening, an operator may submit the results of a vision screening conducted by a licensed health care professional qualified to conduct such screenings if it was done within the 12 months preceding license renewal.

§ 11(a) – Elimination of Driver's License and Passenger Endorsement Renewal Fee

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Motor Vehicles

TF – Loss

22 million

22 million

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

The bill repeals the renewal fee for drivers' licenses. This is expected to result in a revenue loss to the Transportation Fund of approximately $ 22. 0 million per year.

OLR Analysis

The bill eliminates the motor vehicle commissioner's authority to charge the renewal fee for a motor vehicle operator's license ($ 43 for a four-license, $ 65 for a six-year license, and $ 12 per year for each passenger endorsement. )

§§ 16-18 – Elimination of New Haven Line Revitalization Account

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

OLR Analysis

The bill eliminates the New Haven Line revitalization account as a separate non-lapsing restricted capital project account in the Special Transportation Fund and makes conforming changes. The account was created in 2005 as part of the legislation providing funding for the New Haven Line revitalization project. The project encompasses the purchase of new rail cars for the New Haven Line, the new rail maintenance facility in New Haven, and related equipment acquisition.

COMMITTEE ACTION

Transportation Committee

Joint Favorable Substitute

Yea

30

Nay

6

(03/16/2009)

1 The fringe benefit costs for state employees are budgeted centrally in the Miscellaneous Accounts administered by the Comptroller on an actual cost basis. The following is provided for estimated costs associated with additional personnel. The estimated non-pension fringe benefit rate as a percentage of payroll is 25. 43%. Fringe benefit costs for new positions do not initially include pension costs as the state's pension contribution is based upon the 6/30/08 actuarial valuation for the State Employees Retirement System (SERS) which certifies the contribution for FY 10 and FY 11. Therefore, new positions will not impact the state's pension contribution until FY 12 after the next scheduled certification on 6/30/2010.