Bill Text: NH HB563 | 2020 | Regular Session | Amended

New Hampshire House Bill 563 (Prior Session Legislation)

Bill Title: Relative to the fees for failing to register certain motor vehicles and establishing a commission to study the registration of trailers, semi-trailers, and other vehicles.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-06-16 - Vacated from Committee and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020 Senate Journal 8 [HB563 Detail]

Download: New_Hampshire-2020-HB563-Amended.html

HB 563-FN - AS AMENDED BY THE HOUSE

8Jan2020... 2858h

2019 SESSION

19-0477

11/01

HOUSE BILL 563-FN

AN ACT relative to the fees for failing to register certain motor vehicles and establishing a commission to study the registration of trailers, semi-trailers, and other vehicles.

SPONSORS: Rep. Almy, Graf. 13; Rep. Herbert, Hills. 43; Rep. Malloy, Rock. 23

COMMITTEE: Ways and Means

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AMENDED ANALYSIS

This bill establishes a per day fine imposed for failing to register a semi-trailer or trailer. This bill also establishes a commission to study registration of trailers, semi-trailers, and other vehicles.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Jan2020... 2858h 19-0477

11/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to the fees for failing to register certain motor vehicles and establishing a commission to study the registration of trailers, semi-trailers, and other vehicles.

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

1 Certificates of Title and Registration of Vehicles; Registration Required. Amend RSA 261:40 to read as follows:

261:40 Registration Required.

I. Except as otherwise provided, it is a violation for any person to drive or any owner or custodian to knowingly permit or cause to be driven on the ways of this state any vehicle which is not specifically exempt by statute or rule from the requirement of registration, unless the same has been registered and the appropriate fee paid in accordance with the provisions of this chapter.

II. The fine for a violation of this section shall be:

(a) $10 per day for any vehicle meeting the definition of semi-trailer in RSA 259:98 provided, however, that any person required to register a semi-trailer shall have 60 days from the date a government official informs such person of the need to register before such fines are assessed.

(b) $100 for any other vehicle.

III. The director may reduce the amount of a fine assessed under paragraph II for good cause.

2 New Subdivision; Commission to Study Registration of Trailers, Semi-Trailers, and Other Vehicles. Amend RSA 261 by inserting after section 182 the following new subdivision:

Commission to Study Registration of Trailers, Semi-Trailers, and Other Vehicles

266:183 Commission to Study Registration of Trailers, Semi-Trailers, and Other Vehicles.

I. There is established a commission to study the registration of trailers, semi-trailers, and other vehicles.

II. The members of the commission shall be as follows:

(a) Three members of the house of representatives, one of whom shall be from the house ways and means committee and one of whom shall be from the house transportation committee, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(d) A representative of the New Hampshire Motor Transport Association, appointed by the association.

(e) The director of the division of motor vehicles, or designee.

(f) A representative of the New Hampshire Tax Collectors' Association, appointed by the association.

(g) A representative of the New Hampshire Municipal Association, appointed by the association.

(h) A representative of the New Hampshire Association of Chiefs of Police, appointed by the association.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV. The commission shall study the registration of trailers, semi-trailers, and other vehicles.

V. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.

VI. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the chair of the house ways and means committee, the chair of the house transportation committee, the governor, and the state library on or before September 15, 2021.

3 Repeal. RSA 266:183, relative to the commission to study the registration of trailers, sem-trailers, and other vehicles, is repealed.

4 Effective Date.

I. Section 3 of this act shall take effect September 15, 2021.

II. The remainder of this act shall take effect upon its passage.

LBAO

19-0477

1/3/19

HB 563-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relating to the fees for failing to register a motor vehicle.

FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None


	Estimated Increase / (Decrease)
STATE:	FY 2020	FY 2021	FY 2022	FY 2023
Appropriation	$0	$0	$0	$0
Revenue	Indeterminable	Indeterminable	Indeterminable	Indeterminable
Expenditures	$15,750	Indeterminable	Indeterminable	Indeterminable
Funding Source:	[ X ] General [ ] Education [ X ] Highway [ X ] Other - Restricted - Costs of Collections, Restricted - Plea-By-Mail Revenue, Others (See Methodology)
*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.
LOCAL:
Revenue	$0	Indeterminable	Indeterminable	Indeterminable
Expenditures	$0	$0	$0	$0

METHODOLOGY:

This bill further clarifies the fine imposed for failing to register a motor vehicle from $100 per occurrence to $100 per day. The Department of Safety reports the impact on revenue from this bill will determine how law enforcement interprets the change in this fine. For example, multiple violations in one day could only result in a single $100 fine, as opposed to the previous fine per occurrence, and violations over multiple days may only be interpreted as a violation per occurrence observed by law enforcement. Therefore, revenue will be impacted by an indeterminable amount. The Department estimates expenditures will be increased by $15,750 in FY 2020 due to the following: $5,250 in programming changes to the uniform fine schedule and charge table in the VISION system, $3,000 to reprint the uniform fine schedule, and $7,500 to reprint the plea by mail ticket form.

Any increase or decrease in motor vehicle fine revenue would impact local highway aid, which is at least 12 percent of motor vehicle revenue collected in the previous year pursuant to RSA 235:23. Additionally, all fines are also subject to a penalty assessment (the greater of 24% of the fine amount or $2), for which the proceeds split and are credited to the general fund (66.66%), victims’ assistance fund (16.67%), and the judicial branch information technology fund (16.67%).

This bill contains penalties that may have an impact of the New Hampshire Judicial Branch. There is no method to determine how many charges may be brought as a result of changes contained in this bill to determine the fiscal impact on Branch expenditures. However, any marginal increase or decrease in violations due to this bill would impact the expenditures of the Branch as follows:

Judicial Branch	FY 2020	FY 2021
Violation Level Offense	$51	$52
It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.