Revision: Jan. 25, 2017, 3:20 p.m.
HB 579-FN - AS INTRODUCED
2017 SESSION
17-0376
03/05
HOUSE BILL 579-FN
AN ACT relative to registration of semi-trailers.
SPONSORS: Rep. Pearl, Merr. 26; Rep. R. Smith, Merr. 3; Rep. H. Moffett, Merr. 9; Rep. Hill, Merr. 3; Rep. Wallace, Rock. 33; Sen. French, Dist 7; Sen. Sanborn, Dist 9
COMMITTEE: Transportation
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I. Authorizes registration of semi-trailers through nongovernmental agents of the department of safety.
II. Authorizes multiyear semi-trailer registrations.
III. Provides discounts on fees for semi-trailer registrations.
IV. 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0376
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to registration of semi-trailers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Surety Bonds. Amend the introductory paragraph of RSA 41:6, I 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:
2 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.
3 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 monthly 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.
(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.
(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 using either online equipment furnished by the department or offline equipment including forms and tables furnished by the department.
(B) Filing monthly reports.
(C) Collecting trailer registration and municipal permit 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 monthly 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 fee collected.
(2) 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.
(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.
II. 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 a 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.
4 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.
5 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.
6 Effective Date. This act shall take effect July 1, 2017.
17-0376
1/19/17
HB 579-FN- FISCAL NOTE
as introduced
AN ACT relative to registration of semi-trailers.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Reflectorized Plate Fund and Restricted Cost of Collections* | |||
*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds b y the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue. | ||||
LOCAL: |
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|
|
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Revenue | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | Indeterminable Increase | $0 | $0 | $0 |
METHODOLOGY:
This bill requires nongovernmental registering trailer agents file a surety bond with the Department of Safety; authorizes trailer agents to issue multi-year registrations up to 12 years; provides for discounted semi-trailer registration fees; allows nonresidents to register semi-trailers in the State, even if the trailer is not garaged exclusively in New Hampshire; grants rulemaking authority to the Department relative to appointment forms for a nongovernmental registering tailer agent; requires trailer agents to submit monthly reports to the Department; and exempts semi-trailers from periodic vehicle inspection requirements if fully compliant with federal safety regulations.
The Department states there would be an indeterminable impact on State expenditures beginning in FY 2019 due to ongoing training, auditing, and program maintenance costs which may be offset by a decrease in expenditures from discounted multi-year semi-trailer registrations. Additionally, revenue is indeterminable due to registrations potentially being issued less frequently, but the decrease in registrations may be offset by increased nonresident registrations. The Department estimates additional costs of $541,800 in FY 2018 for system programming ($151,800), multi-year registration decal purchases beyond the current three-year decals ($216,000), and three License Clerk IV positions ($174,000). The three positions are estimated to cost $168,000 in FY 2019, $174,000 in FY 2020, and $183,000 in FY 2021. Pursuant to RSA 235:23, not less than 12 percent of the total motor vehicle fee revenue collected in the previous year is distributed to municipalities by the Department of Transportation as highway block grants. Therefore, this bill would result in an decrease in State highway fund expenditures and local revenues by an indeterminable amount beginning in FY 2019. Local programming expenditures would potentially increase by an indeterminable amount in FY 2018.
AGENCIES CONTACTED:
Department of Safety