HB 1494-FN – AS INTRODUCED
2010 SESSION
03/10
HOUSE BILL 1494-FN
AN ACT reducing the number of required number plates for motor vehicles from 2 to one.
SPONSORS: Rep. McGuire, Merr 8
This bill reduces the number of required number plates for motor vehicles from 2 to one.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2508
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT reducing the number of required number plates for motor vehicles from 2 to one.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Temporary Permits and Plates. Amend RSA 261:56 to read as follows:
261:56 Temporary Permit and [Plates] Plate Pending Registration. In compliance with the rules of the department, a dealer may issue a temporary [plates] plate furnished by the department for use of any vehicle, including mopeds, sold by [them] the dealer. Any such vehicle may be driven displaying a temporary [plates] plate until the customary registration certificate and [plates have] plate has been received by the owner but in no case shall it be driven under a temporary [plates] plate for a period in excess of 20 days from the date of issuance by the dealer.
2 Temporary Registration. Amend RSA 261:57-a, I-II to read as follows:
I. The director may issue a temporary registration certificate and a temporary number [plates] plate to a new resident who is required to obtain a certificate of title in accordance with RSA 261 upon payment of the appropriate registration and title fees as provided by RSA 261:141 and RSA 261:20 when the vehicle has been previously registered in a foreign state and the title is held by a foreign state lienholder. The temporary registration certificate and temporary number [plates] plate shall be valid for 60 days and shall not be renewed. A permanent registration certificate and a permanent number [plates] plate shall be issued when the requirements of RSA 261 relative to certificate of title have been met by the new resident.
II. The director may issue a temporary registration certificate and a temporary number [plates] plate to any applicant for a permanent registration and a permanent number [plates] plate upon payment of the appropriate registration fee as provided by RSA 261:141, when a computer system failure, inability to obtain a permanent number [plates] plate, or other emergency would prevent the issuance and recording of permanent registrations and permanent number plates. The temporary registrations and temporary number plates shall be valid for 30 days; provided, however, that the director may extend this period until such time as [he] the director is able to issue and record permanent registrations and permanent number plates to replace them.
3 Proof of Valid Registration. Amend RSA 261:59-a to read as follows:
261:59-a Proof of Valid Registration. No person shall be arrested for a violation of RSA 261:40, nor shall any person’s vehicle be towed on account of being unregistered, solely because a computer check indicates that the registration has expired, if the driver presents to the officer a facially legitimate, current registration certificate and the number [plates have] plate has a current, serially numbered [decals] decal attached, the serial numbers of which match the numbers on the registration certificate. This section shall not apply in any case where the certificate or [decals] decal appear to be counterfeit or altered or the computer check indicates that the [plates have] plate has been suspended or revoked.
4 Number Plates. Amend RSA 261:75 to read as follows:
261:75 Number Plates.
I. The department shall design and issue to every person whose vehicle is registered a number plate [or plates] for a fee of $4.00 per plate. Such plate [or plates] shall be furnished by the department yearly or at whatever interval of years the department shall determine. In all cases such plate [or plates] shall bear on the face thereof a permanent or changeable designation of their effective period.
II. Every vehicle driven in or on any way in this state, if required to be registered hereunder, shall have displayed conspicuously thereon a number plate [or plates] to be furnished by the department, together with any current validation sticker issued by the department and which has a changeable designation of [their] its effective period. The director may make special rules relative to the [number of plates, the location of said plate or plates on the vehicle, and the] material and design [thereof] the plate, provided, however, that number plates for passenger vehicles shall have the state motto “Live Free or Die” written thereon. The plate shall be kept clean.
5 Number of Plates. Amend RSA 261:76 to read as follows:
261:76 Number of Plates. Any provision of the motor vehicle laws relative to furnishing [sets of] number plates for various types of vehicles shall be construed as authorizing the director to [determine the number of plates to be furnished for any one vehicle in accordance with his determination as made under the authority of RSA 261:75] issue one number plate per vehicle to be displayed conspicuously on the back of the vehicle.
6 Agricultural Plates. Amend the introductory paragraph of RSA 261:82, I to read as follows:
I. A truck, truck-tractor, or tractor shall qualify for agricultural registration rates and an agricultural number [plates] plate and shall be driven with such registration only within a 20 mile radius from the main entrance to the farm upon which said vehicle is driven, and may be used for the following purposes:
7 Agricultural Plates. Amend RSA 261:82, IV to read as follows:
IV. This section shall be construed as authorizing the holder of an agricultural [plates] plate to operate the vehicle while it is empty so long as it is being used generally to accomplish the purposes allowed in this section, and to transport within such vehicle incidental personal property such as food, tools, and clothing.
8 Farm Tractor Plates. Amend RSA 261:83, II to read as follows:
II. Notwithstanding any provision of law to the contrary, a farm tractor that is fitted with attachments such as cultivators, loaders, or other equipment, specific to the activities of the farm, shall qualify for farm tractor registration rates and a farm tractor number [plates] plate, provided that it is being used exclusively for agriculture and farming purposes, and not being used for hire.
9 Farm Plates. Amend RSA 261:84, I-II to read as follows:
I. A truck, tractor-truck, or semi-trailer shall qualify for farm registration rates and a farm number [plates] plate and shall be driven with such registration only if such vehicle is used solely for the transportation of agricultural products produced on and meant to be used in connection with the operation of a farm or farms owned, operated, or occupied by the registrant. Additionally, any vehicle which qualifies for a farm [plates] plate may transport or tow an implement of husbandry. A vehicle which qualifies for farm registration and a farm number [plates] plate shall not be used for the transportation of wood and lumber for sale other than from such farms on which the production of wood and lumber is incidental to other farm operations, nor shall such trucks be used for the retail delivery of milk.
II. This section shall be construed as authorizing the holder of a farm [plates] plate to operate the vehicle while it is empty so long as it is being used generally to accomplish the purposes allowed in this section, and to transport within such vehicle incidental personal property such as food, tools, and clothing.
10 Special Number Plates for Certain Veterans. Amend RSA 261:86 to read as follows:
261:86 Special Number Plates for Certain Veterans.
I. The department shall furnish one [set of] special number [plates] plate, designed by the director with the approval of the commissioner, for one motor vehicle owned by a veteran who:
(a) Because of being an amputee, or paraplegic, has received said motor vehicle from the United States government or whose vehicle is to replace one so received, or who is evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from such service-connected disability. The special number [plates] plate shall incorporate the international accessibility symbol.
(b) Has been determined by the veterans administration to be suffering from total blindness as a result of a service-connected disability.
(c) Is a former prisoner of war and was captured and incarcerated while serving in a qualifying war or armed conflict as defined in RSA 72:28, V or while serving in military operations in Iraq or Afghanistan, and who was honorably discharged, provided that such person has furnished the director with satisfactory proof of these circumstances. The [plates] plate shall be transferable upon death to the surviving spouse of the prisoner of war. The surviving spouse shall be entitled to the plate as long as he or she lives, unless he or she remarries. For purposes of this subparagraph, “prisoner of war” shall include a person who was captured and incarcerated while serving in military operations in Iraq or Afghanistan whether or not he or she was formerly designated as a “prisoner of war” by the United States Department of Defense.
(d) Was awarded the Purple Heart medal in a qualifying war or armed conflict as defined in RSA 72:28, V, and who was honorably discharged or is still on active duty, provided that such person has furnished the director with satisfactory proof of these circumstances. A veteran furnished a Purple Heart plate while on active duty shall furnish proof of honorable discharge to the director prior to the first renewal of registration following discharge.
(e) Survived Pearl Harbor and was honorably discharged, provided that such person has furnished the director with satisfactory proof of these circumstances. The [plates] plate shall be issued upon payment of the regular registration fee. The [plates] plate shall be transferable upon death to the surviving spouse of the Pearl Harbor survivor. The surviving spouse shall be entitled to the plate as long as he or she lives, unless he or she remarries.
II. [Plates] A plate furnished pursuant to paragraph I shall be issued without the $4 per plate fees under RSA 261:75. [Plates] A plate furnished pursuant to paragraph I shall be issued upon 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 provided for disabled veterans, except that a person who qualifies for a special [plates] plate pursuant to subparagraph I(d) may be issued an additional special plate for a motorcycle.
11 Special Number Plates for Veterans. Amend RSA 261:87-b to read as follows:
261:87-b Special Number Plates for Veterans.
I. The director is hereby authorized to issue special number plates to be used on motor vehicles owned by veterans of the United States armed services, in lieu of other number plates. The design of these special plates shall be determined by the commissioner, and shall be distinct from the design or designs of those plates issued under RSA 261:86. Such plates shall be issued only to veterans as defined in RSA 21:50, I(a) upon application, proof of veteran status in a form authorized by RSA 21:50, I(b), and payment of the regular motor vehicle registration fee and the $4 per plate fees under RSA 261:75. The director shall also issue one such [plates] plate to any person providing proof of honorable discharge from the armed services of any nation allied with the United States during World War II and proof of such person’s service during World War II. Renewals of such special number plates shall be charged the fee assessed for standard motor vehicles as prescribed under RSA 261:141. [The plates] A plate furnished pursuant to this section [are] is non-transferable and shall expire upon the death of the veteran, except that the surviving spouse may use the [plates] plate for one year after the death of the veteran and shall be eligible to replace the [plates] plate during that year at no charge under RSA 261:75.
II. For purposes of this section, a motor vehicle is owned by a veteran if the veteran is the motor vehicle’s owner under RSA 259:72, I, or if the legal ownership of the motor vehicle is held by a trust established by the veteran and the veteran has use of the motor vehicle or the motor vehicle is used for the transportation of the veteran. The director shall establish the documentation required for a motor vehicle held in trust to be eligible for [plates] a plate under this section. The director shall not issue more than one [set of plates] plate under this section to any trust. A trustee of the trust or the administrator of the estate may be fined up to $500 for failing to return within 60 days of the death of the veteran any [plates] plate issued under this section for a motor vehicle held in trust.
12 Gold Star Number Plates. Amend RSA 261:87-c to read as follows:
261:87-c Gold Star Number Plates.
I. The department shall furnish one [set of] special number [plates] plate, designed by the director with the approval of the commissioner, for one motor vehicle owned by a mother of a person killed while on duty in the United States armed forces. These gold star number plates shall be issued upon payment of the regular registration fees. There shall be no number plate fees for gold star number plates.
II. For purposes of this section, a motor vehicle is owned by a mother of a person killed while on duty in the United States armed forces if the mother of a person killed while on duty in the United States armed forces is the motor vehicle’s owner under RSA 259:72, I, or if the legal ownership of the motor vehicle is held by a trust established by the mother of a person killed while on duty in the United States armed forces and the mother of a person killed while on duty in the United States armed forces has use of the motor vehicle or the motor vehicle is used for the transportation of the mother of a person killed while on duty in the United States armed forces. The director shall establish the documentation required for a motor vehicle held in trust to be eligible for [plates] a plate under this section. The director shall not issue more than one [set of plates] plate under this section to any trust. A trustee of the trust or the administrator of the estate may be fined up to $500 for failing to return within 60 days of the death of the mother of a person killed while on duty in the United States armed forces any [plates] plate issued under this section for a motor vehicle held in trust.
13 Walking Disability Plates and Placards. Amend RSA 261:88, II-a-III to read as follows:
II-a. A person with a walking disability may receive a separate special number [plates] plate for each motorcycle owned by the person.
III. An applicant for such special [plates] plate shall furnish the director with satisfactory proof, as the director may require, that the applicant meets the requirements of paragraph II. Such proof must be submitted every 5 years except in the case of a veteran who has been evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from service-connected disability. Such proof shall only have to be made upon initial application. Satisfactory proof of a walking disability, at a minimum, shall consist of the certification of a licensed physician, podiatrist, or advanced practice registered nurse that the applicant has a walking disability, as defined in paragraph I. Upon request and for the fee set forth in RSA 261:75, I, the director shall exchange a special [plates] plate for a regular [plates] plate currently issued to an applicant who qualifies for a special [plates] plate.
14 State Seal on Number Plates. Amend RSA 261:90 to read as follows:
261:90 Official Cover Plates. Upon payment of a fee, the director may issue and shall designate official cover plates with the reproduction of the state seal thereon to be affixed to a vehicle of United States senators from this state, representatives to congress from this state, the governor, members of the governor’s council, the president of the senate, members of the senate, the speaker of the house of representatives, members of the house of representatives, the attorney general, the secretary of state, and the state treasurer. The fee for an official cover [plates] plate shall be $1 in addition to any other number plate manufacturing fee otherwise required. The official cover plates, exclusive of the seal, shall be white with green lettering, which shall alternate with red lettering every other biennium. An official cover [plates] plate shall have the title of the person requesting the [plates] plate, except for members of the governor’s council whose plates shall have their council district numbers embossed on them, and members of the general court, whose plates shall have their house seat numbers or their senate district numbers embossed on them unless the president of the senate, for members of the senate, or the speaker of the house of representatives, for members of the house of representatives, shall designate a title for their plates. The director shall not issue more than 2 [sets of] official cover plates to any person. Official cover plates may be attached only to vehicles registered in the name of the person issued the plates or the name of the spouse of a member of the general court, or any vehicle being operated by a member of the general court. Nothing herein shall be construed as affecting the issuance of regular motor vehicle plates and the payment of the registration fee therefor. Official cover plates shall be manufactured at the state prison and the prison shall provide the plates to the department at the prison’s cost.
15 Commemorative License Plates. Amend RSA 261:91-a to read as follows:
261:91-a Commemorative License Plates. The director is authorized to adopt rules pursuant to RSA 541-A for the design, sale, and distribution by towns and cities celebrating the centennial, bicentennial, tricentennial, or sesquicentennial of the founding of the town or city or similar special occasion in the history of the town or city, and the display of said plates [in place of] on the front [license plate on] of vehicles for a period not to exceed one year, during which the celebration is taking place.
16 Conservation Number Plates. Amend RSA 261:97-a, III to read as follows:
III. Plates shall be renewed on an annual basis for $30 per [set] plate. Of this sum, the department shall retain an amount as is necessary to recover production and administrative costs as approved by the fiscal committee of the general court. The remaining funds shall be paid to the state treasurer and distributed as provided in RSA 261:97-b. The cost of replacement number plates shall be identical to the cost of initial number plates and the revenue from replacement number plates shall be distributed in the same manner as revenue derived from initial number plates.
17 Temporary Plates; Courtesy Delivery. Amend RSA 261:109, II to read as follows:
II. A delivery made by a dealer registered under the provisions of this chapter of a vehicle sold by an out of state dealer to a resident of New Hampshire is defined under RSA 259 as a “courtesy delivery” having been made by the New Hampshire dealer and the New Hampshire dealer is authorized to issue a temporary [plates] plate for the vehicle.
18 Notice of Sale. Amend RSA 261:110 to read as follows:
261:110 Notice of Sale. A manufacturer or dealer shall, upon attaching a [set of] temporary number [plates] plate to a vehicle sold or exchanged by [him] the manufacturer or dealer, immediately notify the department of said sale or exchange, giving the name and address of the purchaser, the number on the temporary plate, and such further information as the director may require.
19 Number of Plates. Amend RSA 261:127 to read as follows:
261:127 Number of Plates. The department shall, at the time of issuing a certificate to such automotive recycling dealer, furnish such person with as many [sets of] number plates as such person may require.
20 Number of Plates. Amend RSA 261:137 to read as follows:
261:137 Number of Plates. The department shall furnish a repairer one [set of] number [plates] plate, and in its discretion may issue additional [sets] plates.
21 Fees. Amend RSA 261:141, III(t) to read as follows:
(t) For plates issued to motor vehicle repairer--$24 for the first [set of plates] plate, $9 for each additional [set of plates] plate.
22 Fees. Amend RSA 261:141, III(y) to read as follows:
(y) For each transporter--$36. Additional [sets of] number plates at $18 per [set] plate.
23 Fees. Amend RSA 261:141, III(cc) to read as follows:
(cc) For each vanity number plate [set]—$40.
24 Misuse or Failure to Display Plates. Amend RSA 261:176, I to read as follows:
I. Any person who knowingly attaches or permits to be attached to a vehicle a number plate assigned by the department, or authority of any other jurisdiction, to another vehicle or who knowingly obscures or permits to be obscured the figures or letters on any number plate attached to any vehicle or who knowingly and deliberately fails to display on a vehicle the number [plates] plate and the registration number duly issued therefor shall be guilty of a violation.
25 Methods of Giving Proof of Financial Responsibility. Amend RSA 264:21, I to read as follows:
I. By filing with the department a certificate, as defined in RSA 259, of an insurance company or of a surety company to satisfy any judgment or judgments for damages resulting from an accident reported to the director under the provisions of RSA 264:26. Financial responsibility in the future may be given by filing with the department a continuous certificate which shall be a certificate as defined in RSA 259, of an insurance company or of a surety company, to provide the amount of proof of financial responsibility required under the provisions of RSA 264:20. Every continuous certificate shall remain in effect no less than 20 days after written notice is received by the director that said continuous certificate shall be cancelled, except that a certificate subsequently filed shall, on its effective date, terminate a certificate previously filed with respect to any other vehicle designated in both certificates. Whenever another vehicle replaces a vehicle described in a continuous certificate such continuous certificate covering such described vehicle shall apply automatically to such other vehicle registered by the insured as of the date of its registration to the insured and for the period, if any, not exceeding 10 days prior to such registration when said vehicle is driven on a temporary [plates] plate and for a period of 15 days after the date of registration, unless said 20-day period after written notice of cancellation is received by the director has theretofore expired. Such continuous certificate shall likewise apply automatically to any additional vehicle acquired by the insured as of the date of its registration to the insured and for the period, if any, not exceeding 10 days prior to such registration when such vehicle is driven on a temporary [plates] plate and for a period of 15 days after the date of registration, unless said 20-day period after written notice of cancellation is received by the director has theretofore expired; provided, however, that the insurance company or surety company insures all vehicles owned by the named insured at such date of registration, and that such continuous certificate shall apply to such additional vehicle only to the extent the insurance is applicable to all such previously owned vehicles;
26 Free Parking for Disabled and for Official Purposes. Amend RSA 265:73 to read as follows:
265:73 Free Parking for Disabled and for Official Purposes. Any motor vehicle carrying a special number [plates] plate issued to paraplegic, amputee, or blind war veterans pursuant to RSA 261:86 [and 87], and any motor vehicle used for a purpose, or by a person, designated by a city council or town meeting, shall be allowed free parking time in any city or town so long as said motor vehicle is under the direct control of the owner. The provisions of this section shall apply to a veteran who suffers a disability incurred in or aggravated by such service, upon satisfactory proof that the veteran has been evaluated by the United States department of veterans affairs to be permanently and totally disabled from such service connected disability.
27 Parking Privileges for Persons With Walking Disabilities. Amend RSA 265:74 to read as follows:
265:74 Parking Privileges for Persons With Walking Disability. Any motor vehicle carrying the special [plates] plate or hanging windshield placard issued to a person with a walking disability under RSA 261:88, or a similar license plate displaying the international accessibility symbol shall be allowed free parking in any city or town, including any state or municipal parking facility where a fee is charged. Each city or town shall have the discretion to set the time periods using guidelines which shall be provided by the governor’s commission on disability. The free parking shall only be allowed if the person who qualifies for the special [plates] plate or hanging placard is being transported in the vehicle to or from the parking place. Parking places designated for persons with walking disabilities shall be utilized only if a person with a walking disability is being transported in the vehicle to or from the parking place. Notwithstanding the provisions of any local ordinance which has been adopted to regulate parking in places designated for persons with walking disabilities, any person who is convicted under this section shall be guilty of a violation and fined not less than $250.
28 Vehicle Inspections. Amend RSA 266:1, II to read as follows:
II. Any vehicle registered under this title, except an OHRV, snowmobile, moped, or other exempt vehicle, shall be inspected once a year, during the month in which the birth date of the owner is observed, if the owner is a natural person. An inspection sticker shall be valid for the same duration as the vehicle’s registration, which shall not exceed 16 months. If the month in which the anniversary of the owner’s birth occurs will be one of the next 4 months, an inspection sticker may be issued, with an expiration date of the birth month in the following year, of the first person named on the title application. Nothing in this paragraph shall require any person who has registered and had inspected a vehicle with a temporary [plates] plate to have the vehicle reinspected upon receipt of a permanent motor vehicle [plates] plate. An inspection sticker shall not expire when a vehicle is transferred to a licensed dealer.
29 Mechanical Inspection. Amend RSA 266:111 to read as follows:
266:111 Mechanical Inspection. The department of safety, pursuant to RSA 266:1, may establish safety inspection requirements for wreckers, and any highway enforcement officer shall have authority to inspect any wrecker at any time to determine its compliance with all applicable statutes and rules. The department of safety, upon finding after a hearing that a wrecker is unsafe or unfit for its intended purpose, may suspend or revoke the registration [plates] plate or the right to drive such vehicle upon the ways of the state.
30 Advertising on Government and Law Enforcement Vehicles. Amend RSA 664:17-a, II to read as follows:
II. Which displays a government license [plates] plate and is registered in the name of the state or of a political subdivision of the state.
31 Effective Date. This act shall take effect July 1, 2011.
LBAO
10-2508
11/23/09
HB 1494-FN - FISCAL NOTE
AN ACT reducing the number of required number plates for motor vehicles from 2 to one.
FISCAL IMPACT:
The Department of Safety states this bill would decrease state restricted revenue by $960,248, and decrease state restricted expenditures by $475,323 in FY 2012 and each year thereafter. This bill would have no fiscal impact on county and local revenue and expenditures.
METHODOLOGY:
The Department of Safety this bill would reduce the number of required number plates for motor vehicles from two to one. The Division of Motor Vehicles asserts that the most recent numbers from Correctional Industries indicated there were 504,151 plates manufactured in FY 2008, of which 480,124 were issued in sets. Based on these figures, the Department estimates state restricted revenue (Inventory Fund) would decrease by $960,248 annually, assuming a loss of revenue of $4.00 on 240,062 plates (50% of the 480,124 sets). Also, based on the latest cost per plate from Correctional Industries of $1.98, state restricted expenditures would decrease by $475,323 (240,062 plates X $1.98).