Bill Text: NH HB280 | 2016 | Regular Session | Chaptered
Bill Title: Authorizing multi-use decal plates and multi-use veterans decal plates, relative to special motorcycle number plates for disabled veterans, and relative to unfair trade practices targeting veterans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-06-22 - Signed by Governor Hassan 06/21/2016; Chapter 279; Eff. 7/1/2017 [HB280 Detail]
Download: New_Hampshire-2016-HB280-Chaptered.html
CHAPTER 279
HB 280 - FINAL VERSION
20Jan2016... 2556h
20Jan2016... 3029h
23Mar2016... 1089h
04/28/2016 1489s
05/12/2016 1958s
1June2016... 2105CofC
2016 SESSION
15-0529
08/01
HOUSE BILL 280
AN ACT authorizing multi-use decal plates and multi-use veterans decal plates, relative to special motorcycle number plates for disabled veterans, and relative to unfair trade practices targeting veterans.
SPONSORS: Rep. Baldasaro, Rock 5
COMMITTEE: Transportation
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AMENDED ANALYSIS
This bill:
I. Authorizes multi-use decal number plates which may bear decals issued by certain tax-exempt organizations authorized by statute.
II. Authorizes multi-use veterans decal number plates and the issuance of the decals by the state office of veterans services.
III. Allows a person who is eligible for a special number plate for disabled veterans to be issued an additional special number plate for a motorcycle.
IV. Makes charging or soliciting to charge unreasonable fees for assistance in procuring aid or services from public veterans' agencies an unfair trade practice.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20Jan2016... 2556h
20Jan2016... 3029h
23Mar2016... 1089h
04/28/2016 1489s
05/12/2016 1958s
1June2016... 2105CofC
15-0529
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT authorizing multi-use decal plates and multi-use veterans decal plates, relative to special motorcycle number plates for disabled veterans, and relative to unfair trade practices targeting veterans.
Be it Enacted by the Senate and House of Representatives in General Court convened:
279:1 New Chapters; Multi-Use Decal Plates. Amend RSA by inserting after chapter 261-A the following new chapters:
CHAPTER 261-B
Multi-Use DECAL Plates
261-B:1 Multi-Use Decal Plates Authorized. The department of safety shall issue multi-use decal plates. The design shall provide an area 3 inches by 3 inches for the placement of a decal representing an organization authorized by statute to issue decals. Except as otherwise provided in this chapter, multi-use decal plates shall have the same effect and be issued in the same manner as other number plates. Multi-use number plates shall retain the “live free or die” logo.
261-B:2 Decals.
I. Decals shall be made of nonreflectorized material and manufactured to maintain their visibility for a minimum of 36 months.
II. Decals may only be placed on multi-use decal plates issued pursuant to this chapter.
III. Decals shall be distributed by organizations authorized by statute.
IV. Decals shall include a unique sequence number.
V. The authorized organization may collect a fee for the decal.
261-B:3 Authorized Organizations.
I. Organizations that have statutory authority to issue decals (i) shall have been granted and continue to hold tax exempt status under 26 U.S.C. section 501(c)(3) to participate in the multi-use decal number plate program, (ii) shall have a New Hampshire address registered with the department of justice, and (iii) shall not be named for, or associated with, a political issue or a person who seeks, holds, or has held a public office. To issue decals under this chapter, an organization shall file an annual report with the director of motor vehicles, in a format and time established by the director, containing the following:
(a) Address of the organization’s headquarters.
(b) Name, address, and telephone number of the coordinator of the organization’s decal program.
(c) A sample of the decal to be issued.
(d) A statement verifying that the images used in the decals do not infringe on any other person’s intellectual property or a release from the owner authorizing the use of the images.
(e) A list of persons receiving decals from the organization and the sequence number assigned to each person.
(f) Fees received by the organization and their distribution.
(g) Verification of the organization’s continuing status as a tax-exempt organization under 26 U.S.C. section 501(c)(3).
(h) A statement that the organization will continue to participate in the program.
II. An organization may end its participation in the multi-use decal number plate program by written notification to the director of motor vehicles and filing a final annual report within 30 days of the notification.
III. Participation in the multi-use decal number plate program shall terminate automatically if the organization fails to file its annual report under paragraph I or files a report that does not include the statement required by subparagraph I(h).
IV. A person displaying the decal of an organization that is no longer participating in the program on a multi-use decal number plate may continue to display the decal until the next expiration of the vehicle’s registration.
V. Organizations shall allow a purchaser of a decal to purchase a new decal no less frequently than every 36 months.
261-B:4 Issuance and Renewal; Fees.
I. The fee for multi-use decal number plates shall be $15 per year per set, which shall be in addition to any other registration and number plate fees. This fee shall not be prorated.
II. The commissioner of the department of safety shall deposit $5 from each fee collected under paragraph I in the department of safety inventory fund established by RSA 228:25. The remainder shall be deposited in the highway fund.
261-B:5 Vehicles Eligible. Multi-use decal number plates may be used on passenger motor vehicles and recreation vehicles.
261-B:6 Misuse of Decals. Only decals issued by organizations authorized by statute may be displayed on multi-use decal number plates. Use of an unauthorized decal shall be a violation punishable by a fine of $50 plus penalty assessment.
261-B:7 Change of Decals. The holder of a multi-use decal number plate may replace a decal with a decal from a different authorized organization.
261-B:8 Rulemaking. The commissioner of the department of safety shall adopt rules pursuant to RSA 541-A relative to the administration of the multi-use decal number plate program.
CHAPTER 261-C
Multi-Use VETERANS DECAL Plates
261-C:1 Multi-Use Veterans Decal Plates Authorized. The department of safety shall issue multi-use veterans decal plates. The design shall provide an area 3 inches by 3 inches for the placement of decals representing branches of service and medals authorized under RSA 261-C:4. Except as otherwise provided in this chapter, multi-use veterans decal plates shall have the same effect and be issued in the same manner as other number plates. Multi-use veterans decal plates shall retain the “live free or die” logo.
261-C:2 Decals.
I. Decals shall be made of nonreflectorized material and manufactured to maintain their visibility for a minimum of 36 months.
II. Decals shall include a unique sequence number.
III. The state office of veterans services may issue decals to eligible veterans and shall collect a fee of $10 for the decal. Revenue collected under this paragraph shall be restricted revenue to the office of veterans services and shall not lapse.
261-C:3 Eligibility. Multi-use veterans decal plates shall be issued only to those veterans defined in RSA 21:50, I(a). Additionally, an individual shall demonstrate to the satisfaction of the director of the state office of veterans services that he or she was a member of a specific branch of service or was awarded the medal represented on the requested decal.
261-C:4 Authorized Decals.
I. The following decals shall be issued in accordance with this chapter:
(a) Branch of service:
(1) United States Army.
(2) United States Navy.
(3) United States Air Force.
(4) United States Marine Corps.
(5) United States Coast Guard.
(b) Medal for Valor:
(1) Medal of Honor.
(2) Distinguished Service Cross.
(3) Navy Cross.
(4) Air Force Cross.
(5) Silver Star.
(6) Bronze Star.
II. The state office of veterans services shall provide a report annually to the director of the division of motor vehicles. Such report shall contain the names of veterans to whom decal or decals were issued, indicating which decal was issued and its issue number.
III. Eligible veterans shall obtain new decals no less frequently than 36 months from the date of issue.
261-C:5 Vehicles Eligible. Multi-use veterans decal number plates may be used on passenger motor vehicles and recreation vehicles.
261-C:6 Misuse of Decals. Only decals authorized under this chapter may be displayed on multi-use veterans decal number plates. Use of an unauthorized decal shall be a violation punishable by a fine of $50 plus penalty assessment.
261-C:7 Rulemaking. The commissioner of the department of safety in consultation with the director of the state office of veterans services shall adopt rules pursuant to RSA 541-A relative to the administration of the multi-use veterans decal number plate program.
279:2 Disabled Veterans; Motorcycle Plates. Amend RSA 261:86, II to read as follows:
II. Plates furnished pursuant to subparagraphs I(a)-(c) shall be issued without charge. Plates furnished pursuant to subparagraphs I(d) and (e) shall be issued without the $4 per plate fees under RSA 261:75 but shall require payment of the regular registration fee. Notwithstanding RSA 265:73 or any other law, any person who is issued a plate pursuant to subparagraphs I(c)-(e) shall not be entitled to free parking privileges for disabled veterans[, except that]. A person who qualifies for special plates pursuant to subparagraph I(a) or subparagraph I(d) may be issued an additional plate for a motorcycle.
279:3 New Paragraph; Unfair Trade Practices Targeting Veterans. Amend RSA 358-A:2 by inserting after paragraph XVI the following new paragraph:
XVII. Charging or receiving, or soliciting to charge or receive, an unreasonable fee to prepare or aid any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of any aid or services from the United States Department of Veterans Affairs, the New Hampshire office of veterans services, or any other public agency. For the purpose of this paragraph, an “unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed.
279:4 Effective Date. This act shall take effect July 1, 2017.
Approved: June 21, 2016
Effective Date: July 1, 2017
LBAO
15-0529
Amended 5/17/16
HB 280 - FISCAL NOTE
AN ACT authorizing multi-use decal plates and multi-use veterans decal plates, relative to special motorcycle number plates for disabled veterans, and relative to unfair trade practices targeting veterans.
FISCAL IMPACT:
The Department of Safety and the New Hampshire Office of Veterans Services state this bill, as amended by the Senate (Amendment #2016-1958s), will increase state revenue by an indeterminable amount in FY 2017 and each year thereafter, increase local revenues by an indeterminable amount in FY 2018 and each year thereafter, increase state restricted expenditures by an indeterminable amount in FY 2017 and each year thereafter, and increase local expenditures by an indeterminable amount in FY 2016. There will be no impact on county revenues or expenditures.
METHODOLOGY:
The Department of Safety states this bill:
- Authorizes multi-use decal number plates, which may bear decals issued by tax-exempt organizations authorized by statute;
- Authorizes multi-use veterans decal number plates and the issuance of decals by the New Hampshire Office of Veterans Services; and
- Allows individuals eligible for a special number plate for a disabled veteran to be issued an additional special number plate for a motorcycle.
The Department assumes decal plates authorized by this bill would allow the plate owner to purchase a 3” x 3” decal, purchased from an authorized organization, to place on the plate. The Department assumes authorized organizations would produce, supply, and process the payment for the decals. The Department is unable to predict how many decal plates may be issued, however it will collect a $15 fee for multi-use plates (multi-use veterans decal plates are assumed not to be subject to the fee), crediting $10 to the highway fund and $5 to the inventory plate fund.
The Department states it would incur $285,850 in one-time costs for programming, testing, and implementation in order to include the new decal plates in the Division of Motor Vehicles’ inventory system. Also, local expenditures may increase in FY 2016 relative to vendor software changes needed to implement this bill. Lastly, to the extent highway fund revenue would increase, highway fund expenditures and local revenue would increase pursuant to RSA 235:23, which requires 12 percent of total road toll revenue and motor vehicle fees to be distributed to cities and towns pursuant to the specified formula in the year following collection.
The New Hampshire Office of Veterans Services states this bill would allow for the issuance of decals to qualified veterans to be placed on multi-use veteran decal plates issued by the Department of Safety. The Office is unable to estimate at this time the cost of purchasing such decals from an outside vendor or how many qualified veterans may request a decal. Under this bill, all decal fee revenue collected by the Office shall be restricted revenue to the Office and shall not lapse.
