Revision: May 4, 2018, 12:40 p.m.
HB 1614 - AS AMENDED BY THE SENATE
04/26/2018 1609s
05/03/2018 1840s
2018 SESSION
18-2486
03/06
HOUSE BILL 1614
AN ACT relative to the international registration plan and relative to registration of semi-trailers.
SPONSORS: Rep. Steven Smith, Sull. 11; Rep. Soucy, Merr. 16; Rep. John J. O'Connor, Sull. 4; Rep. Rollins, Sull. 6; Rep. O'Brien, Hills. 36; Rep. Cleaver, Hills. 35; Rep. Grenier, Sull. 7
COMMITTEE: Transportation
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AMENDED ANALYSIS
This bill:
I. Repeals statutory provisions of the international registration plan and authorizes the department of safety to implement the plan through rules that are exempt from RSA 541-A.
II. Authorizes registration of semi-trailers through nongovernmental agents of the department of safety.
III. Authorizes multiyear semi-trailer registrations.
IV. Provides discounts on fees for semi-trailer registrations.
V. Allows registrations through the agents by nonresidents for semi-trailers not garaged exclusively in this state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/26/2018 1609s
05/03/2018 1840s 18-2486
03/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the international registration plan and relative to registration of semi-trailers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 References Changed. Amend the introductory paragraph of RSA 260:63, I and RSA 260:63, I(a) to read as follows:
I. Where any road toll or other fees or charges imposed under this subdivision or any fees or charges imposed under the fuel tax agreement authorized by RSA 260:65-b or any fees or charges imposed under the international registration plan authorized in RSA [260:75] 260:73 are not paid and are due as prescribed by this subdivision or by RSA 260:65-b or under the authority in RSA [260:75] 260:73, the amount including interest, together with the costs that may accrue in addition thereto, shall become a lien in favor of the state of New Hampshire upon all property and rights to property, whether real or personal, including vehicles belonging to any person upon whom said tolls, fees, or charges are imposed, as follows:
(a) The lien shall arise at the time the tolls, fees, or charges are due pursuant to this subdivision or RSA 260:65-b or RSA [260:75] 260:73 and shall continue until the liability for the sum, together with interest and costs, is satisfied or becomes unenforceable.
2 International Registration Plan Authorized. Amend RSA 260:73 to read as follows:
260:73 International Registration Plan Authorized. The commissioner is hereby authorized to execute all documents and perform all other acts necessary to enter into and carry out the provisions of a multi-jurisdictional commercial vehicle registration proration agreement, to be known as the international registration plan (IRP). The commissioner may adopt[, pursuant to RSA 541-A,] such rules as are necessary to enforce the provisions of the agreement, which shall be exempt from the provisions of RSA 541-A and shall have the effect of law, and which shall provide for each of the member states to collect registration fees and perform audits on behalf of the other member states.
3 New Subparagraph; Administrative Procedure Act; Exceptions. Amend RSA 541-A:21, I by inserting after subparagraph (ii) the following new subparagraph:
(jj) RSA 260:73, relative to the international registration plan.
4 Repeal. RSA 260:74 and 260:75, relative to the international registration plan, are repealed.
5 Surety Bonds. Amend RSA 41:6, I-III to read as follows:
I. 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:
(a) The failure of the officers covered to faithfully perform their duties or to account properly for all moneys or property received by virtue of their positions; or
(b) Fraudulent or dishonest acts committed by the covered officers.
II. A blanket bond may exclude the town treasurer if a separate fidelity bond for the faithful performance of his or her duties is furnished by the surety writing the blanket bond.
III. Premiums shall be paid by the town, except that premiums for bonding of a nongovernmental registering trailer agent shall be paid by such agent.
6 New Paragraph; Expiration of Registration. Amend RSA 261:62 by inserting after paragraph III the following new paragraph:
IV. Multiyear registrations may be issued for semi-trailers in accordance with RSA 261:141, XI. Multiyear registrations shall expire in the anniversary month otherwise applicable under this section in the final year of the registration.
7 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
261:74-t Registrations by Nongovernmental Registering Trailer Agents.
I. Out-of-state semi-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.
II.(a) Each applicant for appointment as a trailer agent shall furnish the following to the department:
(1) Whether the application is an original, renewal, or change of location;
(2) Corporate or business name;
(3) Trade name, if applicable;
(4) Legal address;
(5) Mailing address;
(6) Telephone number;
(7) Business hours;
(8) Name, address, and date of birth of at least one owner, partner, or officer, and title, if applicable;
(9) Name of the person who will be responsible for filing daily reports;
(10) An agreement to notify the department of any change of ownership, address, or corporate or trade name; and
(11) Signature and title of the person identified in subparagraph (8) and date signed.
(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.
(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.
(3) At the interview, the director or his or her designee shall:
(A) Explain any discrepancy or concerns to the applicant.
(B) Answer any questions that the applicant may have about the process.
(C) Allow the applicant to make corrections to the application or address any concerns expressed.
(4) If an applicant refuses or neglects to appear for a scheduled interview, the director shall deny his or her application.
(5) If an applicant fails to explain any discrepancy or concerns at the interview, the director shall deny his or her application.
(c) In order to be appointed as a trailer agent by the director, each applicant shall:
(1) Complete the application.
(2) Complete the training requirements.
(3) Complete an interview if applicable.
(4) Obtain a surety bond.
(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.
(6) Agree to keep current with forms and software as determined by the department.
(d) Trailer agents:
(1) Shall furnish registration information concerning vehicle information as the director may require.
(2) Collect fees.
(3) Issue registrations.
(e)(1) Each trailer agent shall maintain a record of all trailer registration certificates issued by him or her, including:
(A) Date of registration.
(B) Full name of the registrant.
(C) Identifying number.
(D) Address and phone number of record.
(2) The trailer agent shall maintain all records for a period of 15 years.
(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.
(2) The training program shall include the following instruction:
(A) Completing a trailer registration.
(B) Filing daily reports.
(C) Collecting trailer registration fees.
(D) Maintaining records.
(E) Retaining the agent fee.
(F) Posting office hours.
(g)(1) If a trailer agent is deficient in any area, the department shall request the trailer agent to undergo retraining.
(2) Depending upon the areas of deficiency, retraining shall consist of one or more of the following:
(A) Repeat the training program.
(B) Repeat any portion of the training program.
(C) Undergo further training, the substance of which shall be determined by the department.
(h) Before any appointment shall become effective, each trailer agent shall file a surety bond with the department, pursuant to RSA 41:6.
(i)(1) Each trailer agent shall mail a daily report of nonresident registrations to the department containing:
(A) The physical address and telephone number where the trailer agent is located;
(B) Period the report begins and ends;
(C) Number of trailers registered; and
(D) Amount of registration fees collected.
(2) The daily reports shall be submitted along with all fees due to the department in the form of a check or money order.
(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.
III. A nonresident may register a semi-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 semi-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.
261:74-u Fees.
I. A nongovernmental registering trailer agent may collect and retain an agent fee for each registration processed as compensation for processing the registration.
II. The nongovernmental registering trailer agent shall collect and remit to the department the registration fee established in RSA 261:141, XI.
261:74-v Revocation of Agency Status.
I. 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.
II. 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.
III. 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.
IV. 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.
261:74-w Rulemaking. The director shall adopt rules pursuant to RSA 541-A relative to application forms for appointment as a nongovernmental registering trailer agent.
8 New Paragraph; Fees; Multiyear Semi-Trailer Registrations. Amend RSA 261:141 by inserting after paragraph X the following new paragraph:
XI.(a) Persons may register semi-trailers for up to 12 years. Multiyear registrations for semi-trailers shall be subject to the following fees:
(1) One year: $20.
(2) Two years: $40.
(3) Three years: $55.
(4) Four years: $65.
(5) Five years: $85.
(6) Ten years: $160.
(7) Twelve years: $190.
(b) Semi-trailers owned by nonresidents of New Hampshire registered under this paragraph shall not require a municipal permit for registration and shall not be subject to any municipal fees.
9 Nonresident Registration. Amend RSA 261:46 to read as follows:
261:46 Nonresident Registration. Notwithstanding RSA 261:45, a nonresident who garages a vehicle exclusively in this state or who registers a semi-trailer through a nongovernmental agent, whether the semi-trailer is garaged in this state or not, may register such vehicle in this state as a nonresident. No exemption from the payment of a permit fee shall be granted by reason of nonresidence except by the director, who shall in all cases require proof satisfactory to him or her of residence elsewhere, and of the liability of a nonresident owner, otherwise entitled to such exemption, to pay a property tax on the vehicle for the current year in the state of his or her residence.
10 New Paragraph; Fees for Registration Permits; Multiyear Registrations. Amend RSA 261:153 by inserting after paragraph VI the following new paragraph:
VII. A resident registering a semi-trailer for multiple years in accordance with RSA 261:141, XI shall, when offering the semi-trailer for registration, pay all permit fees and other municipal fees associated with the registration for the entire multiyear period. Permit fees for the multiyear period shall be determined under paragraph I. If the registration is for 12 years, the permit fee shall be reduced by 10 percent.
11 Inspection of Trailers; Exemptions. Amend RSA 266:1-b, II to read as follows:
II. Semi-trailers shall be exempt from periodic vehicle inspection requirements under this chapter if the semi-trailer is fully compliant with the regulations of the Federal Motor Carrier Safety Administration.
III. The director may authorize properly qualified dealers holding utility dealer registrations to inspect trailers of more than 10,000 pounds gross vehicle weight, to determine whether they are fit to be driven, and to issue inspection stickers, under rules adopted for this purpose pursuant to RSA 541-A. This section shall not apply to full trailers as defined in RSA 259:37-a [or semi-trailers as defined in RSA 259:98], and shall not prohibit other official inspection stations from inspecting trailers.
12 Registration Fees. Amend the introductory paragraph of RSA 261:141, III((j) to read as follows:
(j) For [semi-trailers or] automobile utility trailers (the weight of the trailer shall include the maximum load to be carried thereby):
13 Repeal. The following are repealed:
I. RSA 261:141, III(i), relative to registration fees for semi-trailers.
II. RSA 261:141, III(k), relative to registration fees for semi-trailers.
I. Sections 5-13 of this act shall take effect January 1, 2019.
II. The remainder of this act shall take effect 60 days after its passage.