Bill Text: NH HB1558 | 2014 | Regular Session | Enrolled
Bill Title: Relative to prevention of motor vehicle title fraud.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-29 - Signed by the Governor on 7/28/2014; Chapter 0278; Effective Date 9/26/2014. [HB1558 Detail]
Download: New_Hampshire-2014-HB1558-Enrolled.html
HB 1558-FN – VERSION ADOPTED BY BOTH BODIES
2014 SESSION
03/05
HOUSE BILL 1558-FN
AN ACT relative to prevention of motor vehicle title fraud.
SPONSORS: Rep. Rhodes, Hills 30
This bill makes various changes related to motor vehicle titles and fraud prevention.
This bill was requested by the department of safety.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2388
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to prevention of motor vehicle title fraud.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Owner. Amend RSA 259:72, III to read as follows:
III. For purposes of the provisions of this title relative to certificate of title, any person, other than a lienholder, having the property in or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person, not including a lessee under a lease not intended as security[;]. Any person except a licensed dealer who purchases a vehicle for another shall not be considered an owner.
2 Registration of Certain Title Exempted Vehicles. Amend RSA 261:2-a to read as follows:
261:2-a Registration of Certain Title Exempted Vehicles. Notwithstanding the provisions of RSA 261:2 and RSA 261:148, no person shall register a motor vehicle exempted under RSA 261:3, I(k) in this state without first providing a previously issued, current or expired New Hampshire certificate of registration, a valid New Hampshire or out-of-state certificate of title, an application for a certificate of title, or a current New Hampshire vehicle identification number verification form as prescribed by the director. For the purposes of this section, a temporary registration issued pursuant to RSA 261:57 does not meet the requirement of a previously issued New Hampshire certificate of registration. The town or city clerk that issues the permit may copy the bill of sale and the New Hampshire certificate of registration or the certificate of title for their records, but shall return the original bill of sale and the New Hampshire certificate of registration or the certificate of title to the person registering the vehicle upon issuing the permit. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
3 Department to Check Vehicle Identification Number. Amend RSA 261:6 to read as follows:
261:6 Department to Check Vehicle Identification Number. The department, upon receiving application for a first certificate of title, shall check the vehicle identification number shown in the application against the records of vehicles required to be maintained by RSA 261:7 and against the record of stolen and converted vehicles required to be maintained by RSA 262:2. The director may require a New Hampshire vehicle identification number verification form to be completed prior to issuance of a title.
4 Unlicensed Sales. Amend RSA 261:103-b to read as follows:
261:103-b Unlicensed Sales Prohibited. No person may sell 5 or more vehicles at retail to the general public or export 5 or more vehicles outside the United States in any consecutive 12-month period unless the person has an established place of business and a valid dealer license issued under RSA 261:103-a.
5 Application for Municipal permit. Amend RSA 261:148, II(b) to read as follows:
(b) If the previous owner was a dealer in vehicles, a temporary registration certificate or an application for a certificate of title.
6 New Paragraph; Penalties; Dealers. Amend RSA 261:177 by inserting after paragraph V the following new paragraph:
VI. Any person who violates RSA 261:103-b shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
7 Penalties. Amend RSA 262:1, I(d) to read as follows:
(d) Uses a false or fictitious name or address, or makes a [material] false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title or certificate of origin, or in any proof or statement in writing in connection therewith, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
8 Effective Date. This act shall take effect 60 days after its passage.
LBAO
14-2388
12/09/13
HB 1558-FN - FISCAL NOTE
AN ACT relative to prevention of motor vehicle title fraud.
FISCAL IMPACT:
The Judicial Branch, Department of Corrections, and New Hampshire Association of Counties state this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2015 and each year thereafter. There will be no fiscal impact on county and local revenue, or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill amends various RSA sections in chapters 259, 261, and 262 to make changes related to motor vehicle title fraud protection. One change is adding a penalty section making a violation of RSA 261:103-b an unspecified misdemeanor if a natural person or an unspecified felony if any other person. Additionally, the Branch states other changes made in this bill may result in additional criminal prosecutions. The Branch does not have data available to make an estimate as to how additional instances of each level of prosecution it may see as a result of this bill, but does have the following average costs per case:
Case Type
FY 2015
FY 2016
Average Felony (Superior)
$425.27
$433.34
Average Misdemeanor A (District)
$66.17
$67.64
Average Misdemeanor B (District)
$46.99
$48.02
The possibility for a case to be appealed increases the cost. All costs are estimated based on case weight information from the last needs assessment completed in 2005. Since the last needs assessment studies there have been changes to the judicial system, such as the formation of the circuit court, more self-represented litigants and how cases are processed, that may impact the costs associated with processing cases.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation. The Department states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2013 was $32,872. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2013 was $570.
The New Hampshire Association of Counties states to the extent more individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, the counties will have increased expenditures. The Association is unable to determine the number of individuals who may be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.
The Departments of Safety and Justice, and Judicial Council state this bill will have no fiscal impact.
