20Jan2016... 2485h
2015 SESSION
\t15-0342
\t03/05
HOUSE BILL\t\t586-FN-LOCAL
AN ACT\trelative to registration of automobile utility trailers.
SPONSORS:\tRep. Hill, Merr 3; Rep. Duarte, Rock 2; Sen. Avard, Dist 12
COMMITTEE:\tTransportation
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AMENDED ANALYSIS
\tThis bill:
\tI. Authorizes registration of automobile utility trailers through nongovernmental agents of the department of safety.
\tII. Authorizes multiyear registrations through those agents.
\tIII. Provides discounts on fees for multiyear registrations.
\tIV. Allows registrations through the agents by nonresidents for automobile utility trailers not garaged exclusively in this state.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20Jan2016... 2485h\t15-0342
\t03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT\trelative to registration of automobile utility trailers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Paragraph; Expiration of Registration. Amend RSA 261:62 by inserting after paragraph III the following new paragraph:
\t\tIV. Multiyear registrations may be issued for automobile utility trailers in accordance with RSA 261:74-u. Multiyear registrations shall expire in the anniversary month otherwise applicable under this section in the final year of the registration.
\t2 New Subdivision; Registrations by Nongovernmental Registering Trailer Agents. Amend RSA 261 by inserting after section 74-s the following new subdivision:
Registrations by Nongovernmental Registering Trailer Agents
\t261:74-t Registrations by Nongovernmental Registering Trailer Agents.
\t\tI. Automobile utility trailer registrations may be issued, renewed, or transferred through nongovernmental registering trailer agents appointed in accordance with this subdivision. Trailer agents shall be residents of and have a verified business address in this state. The director is authorized to limit the number of nongovernmental registering trailer agents appointed under this subdivision based on resource limitations, provided that at least 3 trailer agents are appointed and provided that any limitation established shall not be the basis for revoking any appointment previously made.
\t\tII.(a) Each applicant for appointment as a trailer agent shall furnish the following to the department:
\t\t\t\t(1) Whether the application is an original, renewal, or change of location;
\t\t\t\t(2) Corporate or business name;
\t\t\t\t(3) Trade name, if applicable;
\t\t\t\t(4) Legal address;
\t\t\t\t(5) Mailing address;
\t\t\t\t(6) Telephone number;
\t\t\t\t(7) Business hours;
\t\t\t\t(8) Name, address, and date of birth of at least one owner, partner, or officer, and title, if applicable;
\t\t\t\t(9) Name of the person who will be responsible for filing monthly reports;
\t\t\t\t(10) An agreement to notify the department of any change of ownership, address, or corporate or trade name; and
\t\t\t\t(11) Signature and title of the person identified in subparagraph (8) and date signed.
\t\t\t(b)(1) Upon submission of an application that is incomplete or might indicate lack of fitness or qualification for appointment as a trailer agent, the director or his or her designee shall require an applicant to appear for an interview.
\t\t\t\t(2) The director or his or her designee shall inform the applicant in writing of the interview. The written notice shall include the date, time, and location of the interview.
\t\t\t\t(3) At the interview, the director or his or her designee shall:
\t\t\t\t\t(A) Explain any discrepancy or concerns to the applicant.
\t\t\t\t\t(B) Answer any questions that the applicant may have about the process.
\t\t\t\t\t(C) Allow the applicant to make corrections to the application or address any concerns expressed.
\t\t\t\t(4) If an applicant refuses or neglects to appear for a scheduled interview, the director shall deny his or her application.
\t\t\t\t(5) If an applicant fails to explain any discrepancy or concerns at the interview, the director shall deny his or her application.
\t\t\t(c) In order to be appointed as a trailer agent by the director, each applicant shall:
\t\t\t\t(1) Complete the application.
\t\t\t\t(2) Complete the training requirements.
\t\t\t\t(3) Complete an interview if applicable.
\t\t\t\t(4) Obtain a surety bond.
\t\t\t\t(5) Agree to allow the director or his or her designee to enter the agent’s premises during business hours for the purposes of auditing or verifying compliance with the terms and conditions of this section.
\t\t\t\t(6) Agree to keep current with forms and software as determined by the department.
\t\t\t(d) Trailer agents:
\t\t\t\t(1) Shall furnish registration information concerning vehicle information as the director may require.
\t\t\t\t(2) Collect fees.
\t\t\t\t(3) Issue registrations.
\t\t\t\t(4) Submit monthly reports to the department and to each city and town clerk for which municipal permit fees are collected and remitted by the manner and in the form as the director may prescribe.
\t\t\t(e)(1) Each trailer agent shall maintain a record of all trailer registration certificates issued by him or her, including:
\t\t\t\t\t(A) Date of registration.
\t\t\t\t\t(B) Full name of the registrant.
\t\t\t\t\t(C) Identifying number.
\t\t\t\t\t(D) Address and phone number of record.
\t\t\t\t(2) The trailer agent shall maintain all records for a period of 15 years.
\t\t\t(f)(1) Prior to being appointed as a trailer agent, each applicant shall complete a training program conducted at the division of motor vehicles, or such other location as the department shall determine.
\t\t\t\t(2) The training program shall include the following instruction:
\t\t\t\t\t(A) Completing a trailer registration using either online equipment furnished by the department or offline equipment including forms and tables furnished by the department.
\t\t\t\t\t(B) Filing monthly reports.
\t\t\t\t\t(C) Collecting trailer registration and municipal permit fees.
\t\t\t\t\t(D) Maintaining records.
\t\t\t\t\t(E) Retaining the agent fee.
\t\t\t\t\t(F) Posting office hours.
\t\t\t(g)(1) If a trailer agent is deficient in any area, the department shall request the trailer agent to undergo retraining.
\t\t\t\t(2) Depending upon the areas of deficiency, retraining shall consist of one or more of the following:
\t\t\t\t\t(A) Repeat the training program.
\t\t\t\t\t(B) Repeat any portion of the training program.
\t\t\t\t\t(C) Undergo further training, the substance of which shall be determined by the department.\t
\t\t\t(h) Before any appointment shall become effective, each trailer agent shall file a surety bond with the department, pursuant to RSA 41:6.
\t\t\t(i)(1) Each trailer agent shall mail a monthly report to the tax collector of all municipalities where a New Hampshire resident lives that registered a trailer with that agent. The trailer agent shall send a copy of the monthly report to the department.
\t\t\t\t(2) Each trailer agent shall mail a monthly report of nonresident registrations to the department containing:
\t\t\t\t\t(A) The physical address and telephone number where the trailer agent is located;
\t\t\t\t\t(B) Period the report begins and ends;
\t\t\t\t\t(C) Number of trailers registered; and
\t\t\t\t\t(D) Amount of registration fee collected.
\t\t\t\t(3) The monthly reports shall be submitted along with all fees due to the department or the municipality in the form of a check or money order.
\t\t\t(j) Whenever a trailer agent’s office is closed or unattended, all decals, stamps, and other registration materials shall be placed in a locked file cabinet or other secure container.
\t\tII. A nonresident may register an automobile utility trailer in this state through a nongovernmental registering trailer agent, even if the trailer is not garaged exclusively in this state in accordance with RSA 261:46. Registrations of nonresidents for automobile utility trailers that are not garaged exclusively in this state shall bear the address of the owner’s residence and the address of the nongovernmental registering trailer agent.
\t261:74-u Fees; Multiyear Registrations.
\t\tI. A nongovernmental registering trailer agent may collect and retain a fee for each registration processed as compensation for processing the registration.
\t\tII. The nongovernmental registering trailer agent shall collect and remit to the department the registration fee established in RSA 261:141, III(j). Automobile utility trailers owned by nonresidents of New Hampshire registered under this subdivision shall not require a municipal permit for registration and shall not be subject to any municipal fees. When a trailer agent processes a registration for a New Hampshire resident, the agent shall collect and forward to the applicable town or city clerk the registration permit fee under RSA 261:153, I due for that year.
\t\tIII. Persons may register automobile utility trailers for up to 10 years through a trailer agent. Multiyear registrations for automobile utility trailers shall be subject to the following discounted fees:
\t\t\t(a) One year: no discount.
\t\t\t(b) Two years: 2 times the annual fee.
\t\t\t(c) Three years; 2.75 times the annual fee.
\t\t\t(d) Four years: 3.25 times the annual fee.
\t\t\t(e) Five years: 4.25 times the annual fee.
\t\t\t(f) Ten years: 8 times the annual fee.
\t261:74-v Revocation of Agency Status.
\t\tI. If the director determines that a trailer agent has not continued to fulfill the requirements of RSA 261:74-t or has violated any of the rules adopted pursuant to RSA 261:74-w, the director shall commence the procedure established in paragraph II.
\t\tII. Any trailer agent whose appointment is sought to be revoked shall be afforded the opportunity of a hearing before the director or designee prior to such revocation. Following the hearing, the director may revoke the appointment as a trailer agent upon satisfactory evidence that the provisions of this subdivision have been violated and that the revocation is in the best interest of the state. A written statement outlining the evidence and violations shall accompany the revocation.
\t\tIII. Upon the revocation of such agency, the person shall surrender to the department or its authorized agent all materials issued by the state under the provisions of this subdivision and all records pertaining to all matters authorized by this subdivision.
\t\tIV. Whenever an authorized auditor of the department, with the approval of the commissioner, determines that the public interest requires immediate action, the director may issue a temporary order suspending the authority of a nongovernmental registering trailer agent to issue, renew, or transfer registrations, pending a hearing.
\t261:74-w Rulemaking. The director shall adopt rules pursuant to RSA 541-A relative to application forms for appointment as a nongovernmental registering trailer agent.
\t3 Surety Bonds. Amend the introductory paragraph of RSA 41:6, I to read as follows:
\t\tI. Town treasurers, trustees as provided in RSA 31:22 and [23] RSA 31:23, trustees as provided in RSA 53-B:8-a, I, library trustees including alternate library trustees, if any, town clerks, tax collectors and their deputies, agents authorized to collect the boat fee, nongovernmental registering trailer agents appointed under RSA 261:74-t, and persons delegated treasury functions under RSA 41:29, VI shall be bonded by position under a blanket bond from a surety company authorized to do business in this state. The bond shall indemnify against losses through:
\t4 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t15-0342
\t\t\t\t\t\t\t\t\t\t\tAmended 2/4/16
HB 586-FN-LOCAL- FISCAL NOTE
AN ACT\trelative to registration of automobile utility trailers.
FISCAL IMPACT:
The Department of Safety states this bill, as amended by the House (Amendment #2015-2485h), will have an indeterminable impact on state and local revenues, increase state expenditures by $177,100 in FY 2017, and may increase local expenditure by an indeterminable amount in FY 2017. There will be no impact on county revenues or expenditures.
METHODOLOGY:
The Department of Safety states this bill authorizes registration of automobile utility trailers through nongovernmental agents of the Department and authorizes multi-year registration through those agents. The bill further provides discounts on fees for multi-year registrations and allows registrations through agents by nonresidents for automobile utility trailers not garaged exclusively in this state. The Department states this will have an indeterminable impact on state and local revenues to the extent there may be a decrease related to the discounted registrations and an increase with the addition of nonresident registrations. The Department estimates it would incur software programming costs of $177,100 in FY 2017 to make changes necessary to reflect this bill’s provisions. The Department states local expenditures may also increase in FY 2017 related to software changes that may be required at the municipal level.