HB 598-FN-LOCAL - AS INTRODUCED

2017 SESSION

17-0086

08/09

HOUSE BILL 598-FN-LOCAL

AN ACT relative to voluntary registration of motor vehicles.

SPONSORS: Rep. Marple, Merr. 24

COMMITTEE: Transportation

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ANALYSIS

This bill requires the division of motor vehicles to give automobile owners a decal and identification card that states the holder is exempt from registering his or her car under the Uniform Commercial Code.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0086

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to voluntary registration of motor vehicles.

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

1  Statement of Purpose.  The general court finds that corporate state employees have, by their silence, failed to fully inform the sovereign people of this state that an automobile has been deemed by the courts administrating the Uniform Commercial Code found at RSA 382-A, as private property defined as "household goods" not for commercial use or for profit or gain.  Further, the courts have found the division of motor vehicles failure to fully inform the sovereigns as "deceptive in its officers" and, as such, a fraud.

2  Voluntary Registration of Motor Vehicles.  RSA 261:40 is repealed and reenacted to read as follows:

261:40  Voluntary Registration of Motor Vehicles.  

I.  For the purposes of this section:

(a)  "Automobile" and "motorcycle" means a self-propelled conveyance used for non-commercial travel upon the public ways.

(b)  "Motor vehicle" means any self-propelled conveyance designed and used upon the public ways for profit or gain in business or commerce.

(c) "Household goods" has the same meaning as the Uniform Commercial Code and shall include an automobile.  Automobiles shall be exempt from the license and registration required of commercial motor vehicles.

(d)  "Driver" means one who controls the movement of a conveyance upon the public way.

(e)  "Common way" means the sole remedy for any controversy arising from or by the public use of household goods or an automobile.

II.  The division of motor vehicles shall provide, at no cost, every non-commercial automobile owner with an appropriate decal imprinted with the words "RSA 382-A Exempt."  The division of motor vehicles shall also issue all non-commercial drivers a photo identification card at no cost with the words "RSA 382-A Exempt" printed on such identification card.  This identification card is not a contract or a license instrument requiring compelled performance by the holder and shall provide every law enforcement agency with notice of the holder's exemption from the Uniform Commercial Code.

III.  The automobile is exempt from registration and taxation and the owner of such automobile is exempt from the requirement of a license for commercial use of the public ways.  The owner of the automobile shall be considered to be exercising the common unalienable "right to travel on the public right-of-way in the ordinary and lawful pursuit of life, liberty, and the pursuit of happiness."

3  Offenses Committed By Unlicensed Drivers; Cross Reference Removed.  Amend RSA 263:1-b to read as follows:

263:1-b  Offenses Committed by Unlicensed Driver.  A person who is convicted of violating RSA 263:1 and is also convicted of a motor vehicle violation, exclusive of a violation of [RSA 261:40,] RSA 261:59, or RSA 266:5, shall not be entitled to be issued a driver's license sooner than 12 months from the date of the conviction or, if the person has not yet reached the age required for a license, 12 months from the date of eligibility, except that a license may be issued if the person satisfies the director after an administrative hearing that the person will drive in a safe manner if the license is issued.  The director may place such restrictions on any license so issued as the director deems in the best interest of public safety.

4  Original and Youth Operators Licenses; Cross Reference Removed.  Amend RSA 263:14, III(a) to read as follows:

(a)  The director is authorized to revoke or suspend any original license held by a person under 20 years of age after a hearing upon a showing by its records or other sufficient evidence that the driver has committed an offense, excluding the offenses of [RSA 261:40,] RSA 261:59, and RSA 266:5, following the issuance of an original license for which the original license holder has been convicted.

5  Repeal.  RSA 261:59-a, relative to proof of valid registration, is repealed.

6  Effective Date.  This act shall take effect 60 days after its passage.

LBAO

17-0086

1/20/17

HB 598-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

AN ACT relative to voluntary registration of motor vehicles.

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

METHODOLOGY:

This bill requires the division of motor vehicles to give automobile owners a decal and identification card stating the holder is exempt from registering his or her car under the Uniform Commercial Code.  Automobiles would no longer need to be registered and would be issued a decal indicating they are exempt from RSA 382-A. A picture ID card would be issued with the same message.  There would be decreases in vehicle registration revenue, plea by mail revenue related to registration citations, and registration restoration fee revenue.  State expenditures for processing motor vehicle registrations and highway aid paid to municipalities would also decrease.  Highway aid is based on 12% of the previous fiscal years gross highway fund revenue.   In addition, local revenue from the municipal portion of vehicle registration fees and state highway aid would be reduced.  The Department of Safety provided the estimates below for the decreases in motor vehicle registrations, plea by mail revenue, registration restoration fee revenue, state highway aid, and local revenues.  

AGENCIES CONTACTED:

Department of Safety