Revision: March 8, 2016, midnight
\t \t\tHB 1647-FN - AS INTRODUCED
2016 SESSION
\t16-2092
\t10/03
HOUSE BILL\t1647-FN
AN ACT\trepealing laws regulating hawkers and peddlers and itinerant vendors.
SPONSORS:\tRep. Fromuth, Hills. 7; Rep. Schleien, Hills. 37; Rep. Hull, Graf. 9
COMMITTEE:\tCommerce and Consumer Affairs
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ANALYSIS
\tThis bill repeals provisions for state licensure and regulation of hawkers and peddlers and itinerant vendors.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2092
\t10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trepealing laws regulating hawkers and peddlers and itinerant vendors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Repeal. The following are repealed:
\t\tI. RSA 320, relative to state licensure of hawkers and peddlers.
\t\tII. RSA 321, relative to state licensure of itinerant vendors.
\t2 Local Ordinances; Reference Removed. Amend the introductory paragraph of RSA 31:102-a to read as follows:
\t31:102-a Hawkers, Peddlers and Vendors. The governing board of a city, town or village district may adopt, by ordinance or regulation, provisions for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within a town or who go from town to town or place to place within a town for such purposes. Any person who violates any provision of such ordinance or regulation shall be guilty of a class B misdemeanor, and each continuing day of violation after notice shall constitute a separate offense. A city, town, or village district shall be specifically prohibited, however, from licensing or regulating a candidate for public office in the process of obtaining signatures on nomination papers, who seeks to have the candidate's name placed on the ballot for the state general election by submitting nomination papers under RSA 655:40. Provisions adopted under this section [shall be in addition to any requirements imposed by the state under either RSA 320 or RSA 321 and] may include, but shall not be limited to:
\t3 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2092
\t\t\t\t\t\t\t\t\t\t\t12/21/15
HB 1647-FN- FISCAL NOTE
AN ACT\trepealing laws regulating hawkers and peddlers and itinerant vendors.
FISCAL IMPACT:
The Department of State and New Hampshire Municipal Association state this bill, as introduced, may decrease state revenue by approximately $24,750 in FY 2017 and each year thereafter, and may decrease local revenue by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local expenditures or county revenue.
METHODOLOGY:
The Department of State states this bill repeals RSA 320 and RSA 321 which require the state licensure of hawkers, peddlers, and itinerant vendors. The Department estimates this bill would annually reduce state revenue derived from the licensure of hawkers, peddlers, and itinerant vendors by $24,750.
The New Hampshire Municipal Association states to the extent municipalities have not adopted ordinances or regulations for hawkers, peddlers, and vendors, local revenue may decrease. RSA 321:11, which this bill repeals, requires every itinerant vendor to file a copy of their state license and an application for a local license and pay a reasonable license fee as determined by the municipality. Consequently, the proposed bill prohibits municipalities without ordinances to charge such fees. The Association is unable to estimate how many municipalities have and have not adopted such ordinances or the amount of revenue annually collected under RSA 321:11.
The Judicial Branch states this bill will have no significant fiscal impact on its operations. During the past ten fiscal years no prosecutions have occurred under RSA 321 and only nine under RSA 320.