Revision: Feb. 19, 2009, midnight
SB 135-FN – AS AMENDED BY THE SENATE
02/18/09 0267s
2009 SESSION
10/09
SENATE BILL 135-FN
AN ACT increasing snowmobile registration fees, OHRV dealer and rental agency registration fees, agent’s fee for OHRVs and snowmobiles, and the penalty for an unregistered snowmobile.
SPONSORS: Sen. Gallus, Dist 1; Sen. Houde, Dist 5; Sen. Reynolds, Dist 2; Rep. Ingersoll, Coos 4; Rep. D. Russell, Belk 6; Rep. Fields, Belk 2
This bill increases:
I. The registration fees for snowmobiles.
II. The OHRV dealer registration fee and the OHRV rental agency registration fee.
III. The agent’s fee for OHRVs and snowmobiles.
IV. The fine for operation of an unregistered snowmobile.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/18/09 0267s
09-0861
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT increasing snowmobile registration fees, OHRV dealer and rental agency registration fees, agent’s fee for OHRVs and snowmobiles, and the penalty for an unregistered snowmobile.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Agent Fee; OHRV and Snowmobile. Amend RSA 214-A:4, II to read as follows:
II. The agent shall collect from the applicant a fee of [$2] $3 for each OHRV and snowmobile registration issued and shall account to the executive director for the full face value of the registration decals. He or she shall pay to the executive director no later than the fourteenth of each month the full face value of all registrations sold up to the first of the same month and shall report the names and addresses of all persons to whom registration decals have been sold and such other information as may be requested on blanks to be furnished by the executive director. All registrations sold at the department headquarters or any subagency thereof shall charge the same fee as outlined in this paragraph, and shall be credited to the fish and game fund.
2 Snowmobiles; Registration; Fees Increased. Amend RSA 215-C:39 to read as follows:
215-C:39 Registration Fees. The fees to be collected under this chapter are as follows:
I. Individual resident registration [$75] $90 for each snowmobile registration upon presentation of a valid driver’s license issued to a New Hampshire resident 18 years of age or older. An individual resident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association shall pay [$45] $60 for each snowmobile.
(a) The first [$55] $63.30 for each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or [$25] $33.30 of each snowmobile registration registered by an individual who provides proof of membership in a snowmobile club as provided for in paragraph I of this section, shall be appropriated to the department of resources and economic development for the bureau’s grant-in-aid program pursuant to paragraph VII.
(b) From the balance, [$10.30] $13.70 from each snowmobile registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and[ $9.70] $13 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
II. Resident antique snowmobile permanent registration [$35] $46.50 for each registration upon presentation of a valid New Hampshire driver’s license issued to a person 18 years of age or older. From each fee collected pursuant to this paragraph:
(a) The first [$20] $26.50 shall be appropriated to the department of resources and economic development for administration of the bureau’s grant-in-aid program pursuant to paragraph VII.
(b) From the balance, [$7.50] $10 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and [$7.50] $10 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
III. Individual nonresident registration [$90] $110 for each snowmobile registration. An individual nonresident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association, shall pay [$60] $80 for each snowmobile.
(a) The first [$66] $78.20 of each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or [$36] $48.20 of each snowmobile registration registered by an individual who provides proof, at the time of registration, of membership as provided for in paragraph III of this section shall be appropriated to the department of resources and economic development for the bureau’s grant-in-aid program pursuant to paragraph VII.
(b) From the balance, [$12.10] $16 from each snowmobile registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and [$11.90] $15.80 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
IV. Dealer registration [$35] $45.50 for each plate.
(a) The first [$16] $20.80 shall be appropriated to the department of resources and economic development for administration of the bureau’s grant-in-aid program pursuant to paragraph VII.
(b) From the balance, [$9.30] $12.09 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and [$9.70] $12.61 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
V. Rental agency registration [$58] $75.40 for each set of decals.
(a) The first [$35] $45.50 shall be appropriated to the department of resources and economic development for administration of the bureau’s grant-in-aid program pursuant to paragraph VII.
(b) From the balance, [$11.10] $14.43 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and [$11.90] $15.47 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
VI. Registration after transfer as provided in RSA 215-C:37 – [$13] $17.50.
(a) The first [$8] $10.50 shall be appropriated to the department of resources and economic development for administration of the bureau’s grant-in-aid program pursuant to paragraph VII.
(b) From the balance, [$2.80] $3.50 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and [$2.20] $3.50 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
VII.(a) Any funds appropriated to the department of resources and economic development for the bureau’s grant-in-aid program shall be kept in a separate account and shall not be used for any other purpose. The corresponding registration fee moneys allocated to the bureau’s grant-in-aid program under paragraphs I and III shall be deposited in the account. Moneys in the account may only be used for grant-in-aid projects that benefit the ridership of snowmobiles. Any unexpended balance in said account shall not lapse, but shall be carried forward to the next fiscal year. From each registration fee collected under this section, [$5] $6.70 shall be used for the sole purpose of purchasing trail grooming equipment. All remaining funds shall be used for trail maintenance, construction, and the purchase of grant-in-aid equipment.
(b) Grants-in-aid shall be granted to snowmobile clubs and political subdivisions for the purchase of equipment and the construction and maintenance of public use snowmobile trails and facilities. The bureau shall make grants on such terms as it deems necessary and shall determine what trails and facilities shall be eligible. Notwithstanding the provisions of this subparagraph, a landowner who grants permission for a grant-in-aid trail to be located on his or her property shall retain the right to establish the inclusive dates during which snowmobile operation shall be permitted. Use of trails on private land shall extend only to the specific type of snowmobile and OHRV permitted by the landowner.
(c) All revenue appropriated in this paragraph shall be in addition to any other funds appropriated to the grant-in-aid program of the bureau of trails. Such revenue is hereby continually appropriated to the department of resources and economic development for the purposes of this paragraph.
VIII. Funds appropriated to the department of resources and economic development for administration of the bureau shall be used for the following purposes:
(a) Publications.
(b) Trail maintenance and acquisition.
(c) Land purchases, easements, rights-of-way, and new construction of trails.
(d) Snowmobile facilities.
(e) From the amount collected from each individual registration fee, [$3] $4 shall be used by the bureau for the purposes of purchasing trail maintenance equipment or paying trail maintenance expenses. These funds shall be kept in a separate account and shall be used and appropriated solely for these purposes.
(f) Such other purposes as may be budgeted within the limits of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.
IX. Any funds appropriated to the fish and game department shall be used for the following purposes:
(a) Enforcement of the provisions of RSA 215-C and RSA 215-A.
(b) Establishment of snowmobile training programs. At the discretion of the director, snowmobile training programs may be combined with OHRV training programs.
(c) Law enforcement under this chapter, which shall be the responsibility of the executive director.
(d) Snowmobile registration.
(e) Such other purposes as may be budgeted within the limitation of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.
X. Any excess registration fees collected and not expended shall be nonlapsing and shall be retained by the snowmobile and OHRV program for future use. In each year of the biennium, the excess fees collected may be expended by the fish and game department and the department of resources and economic development in the same proportion as described in this section with prior approval of the fiscal committee and the governor and council.
XI. Notwithstanding the provisions of paragraph X, there shall be paid to the executive director, in addition to the fees required by this section, an additional fee of $1 for each registration required by this section. The additional fee shall be paid into the fish and game search and rescue fund established under RSA 206:42.
XII. Notwithstanding any other provision of this section, [$5] $6.70 for each set of plates for snowmobile trails maintenance vehicles. No other fees shall be collected under this chapter for the registration of such vehicles. Any such funds collected shall be appropriated to the department of fish and game for the costs of administration of snowmobile trails maintenance vehicles.
3 OHRVs; Dealer Registration; Rental Agency registration; Fees. Amend RSA 215-A:23, IV and IV-a to read as follows:
IV. Dealer registration- [$35] $45.50 for each plate.
(a) The first [$16] $20.80 shall be appropriated to the department of resources and economic development for administration of the bureau's grant-in-aid program pursuant to paragraph VI.
(b) From the balance, [$9.30] $12.09 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and [$9.70] $12.61 shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.
IV-a. Rental agency registration- [$58] $75.40 for each set of decals.
(a) The first [$35] $45.50 shall be appropriated to the department of resources and economic development for administration of the bureau's grant-in-aid program pursuant to paragraph VI.
(b) From the balance, [$11.10] $14.43 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and [$11.90] $15.47 shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.
5 Uniform Fine Schedule; Fish and Game; OHRV and Snowmobile Violations; Operate Unregistered Snowmobile. Amend the title XVIII uniform fine schedule for operation of unregistered snowmobile established in 2007, 54:2, line 26 to read as follows:
26. 215-C:36, II Operate Unregistered Snowmobile [$120.00] $180.00
Effective Date. This act shall take effect upon its passage.
LBAO
09-0861
01/20/09
SB 135-FN - FISCAL NOTE
AN ACT increasing the registration fees for snowmobiles and the agent’s fee for OHRVs and snowmobiles.
FISCAL IMPACT:
The Department of Resources and Economic Development and Fish and Game Department state this bill will increase state restricted revenues by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on county and local revenues or state, county, and local expenditures.
METHODOLOGY:
The Department of Resources and Economic Development states this bill increases the registration fees for snowmobiles, and increases the agent’s fee for OHRV’s and snowmobiles. The Department cannot estimate the number of snowmobile registrations which may take place in FY 2009, but assumes there will be no increase in FY 2009 revenues as the effective date of this bill will be at the end of the snowmobile season. The Department assumes state restricted revenues will increase in FY 2010 and each year thereafter as follows:
|
Annual Registrations |
Increase Per Registration |
Total Increased Revenue |
Revenue To Grants Program |
Revenue To Bureau Of Trails |
Revenue To F&G Enforcement |
Resident Member |
36,653 |
$15 |
$549,795 |
$304,220 |
$124,620 |
$120,955 |
Resident Non-Member |
5,607 |
$15 |
$84,105 |
$46,538 |
$19,064 |
$18,503 |
Non-Resident Member |
16,304 |
$20 |
$326,080 |
$198,909 |
$63,586 |
$63,586 |
Non-Resident Non-Member |
2,796 |
$20 |
$55,920 |
$34,111 |
$10,904 |
$10,904 |
Antique |
230 |
$11.50 |
$2,645 |
$1,495 |
$575 |
$575 |
Total |
|
|
$1,018,545 |
$585,273 |
$218,749 |
$214,523 |
Using FY 2008 registration data, the Department estimates an increase in registrations fees for antique snowmobiles and for resident and non-resident snowmobile club members and non-members will increase the Department’s restricted revenues by $804,022 in FY 2010 and each year thereafter. Of this increase, approximately $585,273 will go to grants to snowmobile clubs and political subdivisions for the purchase of equipment and construction and maintenance of public use snowmobile trails and facilities. Another $218,749 of the increase will go to the Department’s Bureau of Trails for publications, trail maintenance, trail and land acquisition, new construction of trails, and snowmobile facilities. The bill specifically increases the portion of each registration to purchase trail grooming equipment and trail maintenance equipment by $1.70 and $1.00, respectively. Therefore, revenues directed to trail grooming equipment will increase by $104,703 and revenues directed to trail maintenance equipment by $61,590.
The Fish and Game Department states from the increase in resident, non-resident, and antique snowmobile registration fees, the Department’s restricted revenues for snowmobile registration, training, and law enforcement will increase by $214,523. The proposed one dollar increase in agent fees will increase Fish and Game Fund revenues by $2,412 from registrations sold at Fish and Game Headquarters. This bill also increases registration fees for dealers, rental agents, registration transfers, and snowmobile trails maintenance vehicle plates. However, Department data on these registrations does not distinguish between snowmobiles and wheeled vehicles. As the proposed bill only affects snowmobiles, the full fiscal impact of the bill cannot be determined at this time.