Bill Text - HB1171 (2012)

(New Title) updating certain references in motor vehicle statutes and relative to motor fuel distributors.


Revision: May 25, 2012, midnight

HB 1171 – VERSION ADOPTED BY BOTH BODIES

04/18/12 1628s

17May2012… 2335EBA

2012 SESSION

12-2160

03/09

HOUSE BILL 1171

AN ACT updating certain references in motor vehicle statutes and relative to motor fuel distributors.

SPONSORS: Rep. Packard, Rock 3; Sen. Rausch, Dist 19

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill updates certain references relating to the United States Department of Transportation in motor vehicle statutes. This bill also reduces the bond requirement for motor fuel distributors under the road toll law and modifies the procedure for suspension or revocation of a distributor license by the commissioner of the department of safety.

This bill was requested by the department of safety.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/18/12 1628s

17May2012… 2335EBA

12-2160

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT updating certain references in motor vehicle statutes and relative to motor fuel distributors.

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

1 Safety; Rulemaking. Amend RSA 21-P:17, I(a) to read as follows:

(a) Adopting as rules, under RSA 541-A, the current version of the regulations promulgated by the [Materials Transportation Bureau of the] United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration contained in parts

[170-189] 100-185 of Title 49 of the Code of Federal Regulations, the current version of the regulations promulgated by the [Bureau of] Federal Motor Carrier Safety[, Federal Highway] Administration of the United States Department of Transportation contained in parts 390-397 of Title 49 of the Code of Federal Regulations, and the current version of the regulations promulgated by the United States Nuclear Regulatory Commission and contained in parts 71 and 73 of Title 10 of the Code of Federal Regulations. Notwithstanding the provisions of RSA 541-A, any amendments or additions by the respective federal agencies or their successor agencies shall also amend or supplement the rules adopted by the commissioner of safety without further action on [his] the commissioner’s part, and these rules shall not expire without specific action by the general court for the commissioner.

2 Motor Carriers; Rules. Amend RSA 266:72-a, I to read as follows:

I. The commissioner may adopt as rules, under RSA 541-A, the current version of the federal motor carrier safety regulations promulgated by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration and Federal [Highway Administration, Bureau of] Motor Carrier Safety Administration, contained in 49 C.F.R. parts 107, 382, and 385-397. Notwithstanding the provisions of RSA 541-A, any amendments or additions by the respective federal agencies or their successor agencies shall also amend or supplement the rules adopted by the commissioner of safety without further action on the part of the commissioner. The commissioner shall be authorized to exempt vehicles and drivers operating exclusively in intrastate commerce from such rules which the commissioner determines impose an unnecessary regulatory burden without providing a corresponding safety benefit.

3 Road Tolls; Bond. Amend RSA 260:37, I(a)(1) to read as follows:

(1) In an amount equal to approximately [3] 2 times the monthly road toll liability of the distributor, but not less than $10,000, on a form to be approved by the commissioner;

4 Road Tolls; Suspension or Revocation of License. Amend RSA 260:39, I to read as follows:

I.(a) If a distributor fails to maintain an active bond, as required by RSA 260:37, or at any time files a false monthly report, or willfully fails, neglects, or refuses to file the monthly report, or to pay the full amount of the road toll as required by this subdivision, the commissioner or his or her designee, after 10 days’ written notice by certified mail directed to the last known address appearing on the files of the department:

[(a)] (1) Shall revoke or suspend the distributor’s license, effective as of the date of the written notice; and

(2) Shall fix a time and place at [which] the department’s bureau of hearings, within 10 days of the written notice, where the [distributor] licensee may appear and show cause why such license should [not be suspended or revoked; or] be reinstated. The license shall remain revoked or suspended until a hearing is conducted and a decision is rendered by the hearings examiner.

(b) [May suspend or revoke the license, in which case the commissioner shall notify the distributor in writing of the suspension or revocation by certified mail.] The written notice shall be presumed to have been served, upon return of the certified receipt signed by the licensee, or 3 days after mailing to the last known address on record of the licensee, whichever comes first.

(c) Any distributor whose license [shall have been] remains suspended or revoked by the commissioner after a hearing may, within 30 days from the date of such [suspension or revocation] decision, [make application in the nature of an] appeal to the [governor and council] superior court of Merrimack county.

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

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