Bill Details - HB467 (2019)

HB 467-FN - AS INTRODUCED

 

 

2019 SESSION

19-0719

11/01

 

HOUSE BILL 467-FN

 

AN ACT relative to posting notices at division of motor vehicle records.

 

SPONSORS: Rep. Marple, Merr. 24; Rep. Comeau, Carr. 5; Rep. Burt, Hills. 39

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill requires the division of motor vehicles to post notice at each location notifying inhabitants of their rights relative to automobile registration.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0719

11/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to posting notices at division of motor vehicle records.

 

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

 

1  New Section; Division of Motor Vehicles; Notice Required.  Amend RSA 260 by inserting after section 1 the following new section:

260:1-a  Posted Notice Required.  

I.  All offices of the division shall post notice of a size at least 24 inches tall by 48 inches wide containing the following language:  "Notice:  All inhabitants are hereby given notice that, pursuant to RSA 382-A:9-109 and National Shawmut Bank v. Jones, 108 N.H. 386 (1967), the automobile is classified as a consumer good and is both exempt from license requirements, registration fees, and taxes, and is in contrast with and distinct from a "motor vehicle", which is classified for commercial use and is subject to the government's compelled performance and jurisdiction.  The clerk shall provide you a copy of the controlling statute and supreme court case so that you may determine whether to contract away your right for a privilege.  This notice fulfills the government's obligation to fully inform you of your freedom of choice in your right to travel on the public right-of-way in the ordinary and lawful pursuit of life, liberty, and happiness."

II.  All notices posted shall be conspicuously placed at eye level in every municipal and state location where offers to contract are being solicited.

III.  The division shall comply with this section within 90 days of the effective date of this section.  Failure to do so shall result in a reduction in the division's budget of $1,000 per day until the division fully complies.

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

 

LBAO

19-0719

1/7/19

 

HB 467-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to posting notices at division of motor vehicle records.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$15,000

$10,000

$10,000

$10,000

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - 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 by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.

 

METHODOLOGY:

This bill requires the Division of Motor Vehicles (DMV) post a notice at each location with specific language stated in the bill.  It is estimated it will cost $15,000 in FY 2020 to design, print, and provide the postings and handouts to each DMV location and all 228 municipal agents.  It is also estimated there would be costs of $10,000 in each subsequent year to provide additional postings and handouts as needed.

 

AGENCIES CONTACTED:

Department of Safety

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Transportation HJ 3 P. 15
Feb. 19, 2019 Public Hearing: 02/19/2019 11:00 am LOB 203
Feb. 26, 2019 Executive Session: 02/26/2019 02:00 pm LOB 203
Committee Report: Inexpedient to Legislate (Vote 19-0; CC)
March 7, 2019 Committee Report: Inexpedient to Legislate for 03/07/2019 (Vote 19-0; CC) HC 14 P. 6
March 7, 2019 Inexpedient to Legislate: MA VV 03/07/2019

Action Dates

Date Body Type
Feb. 19, 2019 House Hearing
Feb. 26, 2019 House Exec Session
House Floor Vote
March 7, 2019 House Floor Vote

Bill Text Revisions

HB467 Revision: 4675 Date: Jan. 10, 2019, 3:20 p.m.