Bill Details - HB507 (2019)

HB 507-FN-A-LOCAL - AS INTRODUCED

 

 

2019 SESSION

19-0184

11/10

 

HOUSE BILL 507-FN-A-LOCAL

 

AN ACT relative to registration of commercial motor vehicles and operator's/drivers' licenses.

 

SPONSORS: Rep. Marple, Merr. 24; Rep. Sylvia, Belk. 6; Rep. Burt, Hills. 39; Rep. Howard, Belk. 8; Rep. Aldrich, Belk. 2; Rep. Comeau, Carr. 5

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill restates the "right to travel" and requires the department of safety to provide at no cost to all noncommercial automobile and noncommercial conveyance owners a decal and identification card that state the holder is exempt from registering his or her automobile or other private conveyance under the superior authority of RSA 382-A:9-109 of the Uniform Commercial Code which provides exemption for non-taxable "Consumer Goods" and "Household Goods".  The bill also repeals requirements for certain travelers or drivers to acquire noncommercial drivers' licenses.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0184

11/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to registration of commercial motor vehicles and operator's/drivers' licenses.

 

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

 

1  Statement of Purpose.  The general court finds that the jurisdiction and authority of the department of safety is limited to only the commercial users of the public ways and that the corporate state employees have, by their silence, failed to fully inform the sovereign people of this state that an automobile has been confirmed by Chief Justice Grimes, in 108 N.H. 386, to be "private property" defined by current RSA 382-A:9-109, as "household goods" and "consumer goods" not for commercial use or for profit or gain.  Further, the courts have found that corporate public servants who ignore their accountability as mandated in Article 8, N.H. Bill of Rights have by their silence and failure to fully inform the sovereign people of the consequences arising from the corporate "offer to contract," is deemed silent deception and inducement by fraud as well as committing the tort of conversion when taking or seizing the certificate of origin in violation of the Fifth Amendment.

2  Right to Travel  RSA 261:40 is repealed and reenacted to read as follows:

I.  For the purposes of this section:

(a)  "Automobile" and "motorcycle" means any self-propelled conveyance used for noncommercial travel upon the public ways.

(b)  "Motor vehicle" means any self-propelled conveyance designed and used upon the public ways for profit or gain in business or commerce.

(c)  "Household goods" or "consumer goods" has the same meaning as the Uniform Commercial Code found at RSA 382-A:9-102 and RSA 382-A:9-109 and shall include an automobile.  Automobiles and all noncommercial conveyances shall be exempt from the license and registration required of commercial motor vehicles.

(d)  "Operator" or "driver" means and defines one who controls the movement of a conveyance upon the public way for commercial or business purposes.

(e)  "Traveler" means one who controls the automobile or other noncommercial conveyance.

(f)  "Common law" means and defines the sole remedy, requiring an injured party and not an ens legis or non-human corporate creation for any controversy arising from or by the public use of household goods or consumer goods such as an automobile or other noncommercial conveyance.

II.  The department of safety shall provide, at no cost, every noncommercial automobile owner or owner of any other noncommercial conveyance with an appropriate decal imprinted with the words "RSA 382-A:9-109 TAX EXEMPT."  The division of motor vehicles shall use their current photo equipment, now in use for drivers licenses and identification cards for legislators, to issue all noncommercial travelers a photo identification card, at no cost, with the words "RSA 382-A:9-109 Exempt" printed on such identification card.  This identification card is not a contract, license, or instrument that would require compelled performance by the holder.  The front of the photo identification card will have, in addition to the photo, the name and address of the Sovereign American and the language, ”State of New Hampshire” across the top, and beneath, “None Commercial Traveler”, “NOTICE”, and “Pursuant to Article 4 Section, 1 & 2 of the Constitution for the United States of America, the Sovereign who is identified in this photo ID Card is Guaranteed SAFE CONDUCT and SAFE PASSAGE in all foreign States and immunity from any commercial levies or other charges.”  There shall be imprinted in GOLD copy, the Seal of this Republic with the signature of the Secretary of State as the issuer of the Photo ID.  The Department of Safety will notify every law enforcement agency in this State of the limited Commercial JURISDCTION concerning the RIGHT to TRAVEL and will and include in the curriculum of the Police Standards Training Academy, a course specifically and distinctly providing the fact that it is the use of the non taxable "Consumer Goods" that determines their status or classification.

III.  The automobile and all noncommercial conveyances are exempt from registration and taxation and the owner of such automobile or noncommercial conveyance are exempt from the requirement of a license that is necessary for commercial use of the public ways.  The deed showing ownership of the automobile, also known as the Certificate of Origin, shall be delivered by the automobile dealer to the purchaser at time of sale, and shall preempt and make unnecessary any duplication of process by corporate government.  This mandate shall ensure that the purchaser shall be considered to be exercising the common unalienable "Right to Travel on the public right-of-way in the ordinary and lawful pursuit of life, liberty, and the pursuit of happiness."

3  Vanity Plate Fees.  Amend RSA 263:52, I to read as follows:

I.  The proceeds from [original license fees as provided in RSA 263:42 and] the vanity plate service fee collected in accordance with RSA 261:89, plus the fee for the renewal of the use of such plates, after any refunding authorized by law and costs of such plates or designation of effective periods thereof and issuance of same have been appropriated and deducted, shall be expended for course materials, licensing of schools, and certification of instructors in connection with safe motor vehicle driving conducted in or under the supervision of secondary schools.  Such balance shall be kept in a separate fund.  The commissioner of safety shall adopt, pursuant to RSA 541-A, and publish, rules governing the courses of instruction and training.

4  Original and Youth Operators Commercial Licenses; Cross Reference Removed.  Amend RSA 263:14, III(a) to read as follows:

(a)  The director is authorized to revoke or suspend any original license held by a person under 20 years of age after a hearing upon a showing by its records or other sufficient evidence that the driver has committed an offense, excluding the offenses of [RSA 261:40,] RSA 261:59[,] and RSA 266:5, following the issuance of an original commercial license for which the original commercial license holder has been convicted.  

5  Drivers' Licenses; Rules.  Amend RSA 21-P:14, IV to read as follows:

IV.  The commissioner of safety shall adopt rules, under RSA 541-A [and RSA 260:5], relative solely to licensing commercial drivers as follows:

(a)  [Procedures for and information required on driver's license applications, including all necessary forms, as authorized by RSA 263:5.

(b)  Driver's license examination and reexamination requirements, as authorized by RSA 263:6 and 263:7.

(c)]  Restricted commercial licenses, as authorized by RSA 263:13.

[(d)] (b)  Conditions and requirements for a commercial driver's license, as authorized by RSA 263:14-263:33-b.

[(e)] (c)  Intrastate commercial licenses for nonresidents, as authorized by RSA 263:39-a.

[(f)] (d)  Access to information regarding anatomical gifts, as authorized by RSA 263:41.

[(g)  Collection of drivers' license fees, as authorized by RSA 263:42.

(h)] (e)  Petitions for refund of fees, as authorized by RSA 263:43.

[(i)] (f)  Application and requirements for issuance of commercial motor vehicle drivers' school licenses, as authorized by RSA 263:44-47 and 263:49-51.

[(j)] (g)  Suspension or revocation of a commercial driver's license or driving privilege, as authorized by RSA 263:53 through RSA 263:65, RSA 263:73, RSA 265-A:26, and RSA 265-A:29.

[(k)] (h) Appeals of commercial driver's license denial, suspension, or revocation, as authorized by RSA 263:75, RSA 265-A:34, and RSA 263:76.

[(l)] (i)  Application for and issuance of a commercial vanpooler's permit, as authorized by RSA 376:2, XII.

[(m)] (j)  Commercial driver license requirements, as authorized by RSA 263:98.

[(n)  Temporary driver's licenses, including procedures for the issuance, revocation, form, and other related matters, as authorized by RSA 263:5-a.

(o)] (k)  Format, content and procedures for the display of the notice required under RSA 260:10-a, II.

[(p)] (l)  Criteria for waiver of the default fee required under RSA 263:56-a, I-a.

[(q)] (m)  Approval of driver attitude programs and fee as provided in RSA 263:56-e.

[(r)] (n)  Administrative suspension of motor vehicle commercial licenses pursuant to RSA 265:91-b and RSA 265:91-c and RSA 265-A:30 through RSA 265-A:32, including notices, forms, temporary driving permits, hearing procedures, and procedures for restoration after the suspension period.

[(s)] (o)  Establishment of administrative procedures to aid in the collection of protested checks relating to commercial drivers' licenses, vehicle registrations, titles, permits or fees, including provisions for suspension of commercial license, registration, title, or permit.

[(t)] (p)  Procedures for conducting the problem commercial driver pointer system search, including forms and procedures to be used in conducting a problem commercial driver pointer search as initiated by an employer.

6  Commercial License Expiration.  Amend RSA 263:10 to read as follows:

263:10  Commercial License Expiration.

I.  [Except as provided in RSA 263:5-f, I, RSA 263:14, and RSA 263:39-a, III, all] All commercial licenses shall expire on the fifth anniversary of the commercial license holder's date of birth following the date of issuance.  The department shall notify each holder of a commercial license by mail addressed to the holder's last known address, or, if the commercial license holder has so elected, by electronic, telephonic, or other means, 30 days prior to the expiration date thereof of a place and time when he or she shall appear for the issuance of a new commercial license and any availability of electronic commercial license renewal.

II.  Notwithstanding paragraph I, the director may adopt rules pursuant to RSA 541-A providing for the renewal of [driver] commercial licenses by applicants on-line rather than by appearing in person; provided that the applicant is otherwise eligible for commercial license renewal, [is not required to submit to a road test under the provisions of RSA 263:7,] has submitted proof sufficient to the director that he or she meets the visual acuity requirements for commercial licensing, and has a computerized image on file with the division.  A commercial license may be renewed on-line only once in every other license renewal cycle and the next cycle shall require appearance in person at a commercial licensing facility.

7  Selective Service Registration.  Amend RSA 187-A:39 to read as follows:

187-A:39  Application.

[I.]  No person who is not in compliance with the Military Selective Service Act as provided in 50 U.S.C. app. section 451 et seq. shall:

[(a)] I.  Be permitted to enroll in a state-supported institution of postsecondary or higher education.

[(b)] II.  Be eligible to receive a loan, grant, scholarship, or other financial assistance for postsecondary higher education supported by state revenue, including federal funds, gifts, or grants accepted by the state, or to receive a student loan guaranteed by the state.

[(c)] III.  Having attained the age of 18 years, be eligible for employment by or service to the state or any political subdivision of the state, including all state boards, commissions, departments, agencies, and institutions.

[II.  A person who has authorized the department of safety to submit information to the Selective Service System pursuant to RSA 263:5-c shall be considered to be in compliance with the Selective Service Act for purposes of this section.]

8  License Required.  Amend RSA 263:1, I to read as follows:

I.  No person, except those expressly exempted under RSA 263:25 or other provisions of this title, shall drive any motor vehicle upon any way in this state for commercial purposes unless such person has a valid driver's license, as required under the provisions of this chapter, for the class or type of vehicle being driven.

9  Possession of License.  Amend RSA 263:2 to read as follows:

263:2  Possession of License Required.  Every person driving a motor vehicle for commercial purposes shall have his or her driver's license upon his or her person or in the vehicle in some easily accessible place and shall display the same on demand of and manually surrender the same into the hands of the demanding officer for the inspection thereof.  No person charged with a violation of this section shall be convicted if, within a period of 48 hours, he or she produces in the office of the arresting officer evidence that he or she held a valid driver's license which was in effect at the time of his or her arrest.

10  Repeal.  The following are repealed:

I.  RSA 263:1-a, relative to allowing an unlicensed driver to drive a car.

II.  RSA 263:1-b, relative to offenses committed by an unlicensed driver.

III.  RSA 263:1-c, relative to the effect of a drivers' license.

IV.  RSA 263:1-d, relative to enhanced drivers' licenses and identification cards.

V.  RSA 263:4, relative to limiting a driver to one license.

VI.  RSA 263:5, relative to an application for a driver's license.

VII.  RSA 263:5-a, relative to an application by a new resident.

VIII.  RSA 263:5-b, relative to drivers' licenses for members of the armed forces.

IX.  RSA 263:5-c, relative to compliance with federal selective service requirements.

X.  RSA 263:5-d, relative to acceptable forms of identification in order to receive a drivers' license.

XI.  RSA 263:5-e, relative to proof of residence in order to receive a drivers' license.

XII.  RSA 263:5-f, relative to application for a driver's license by residents without a permanent street address.

XIII.  RSA 263:6, relative to requiring the completion of an examination in order to receive a driver's license.

XIV.  RSA 263:6-a, relative to informing first-time applicants of the DWI and controlled drug laws.

XV.  RSA 263:6-b, relative to the medical/vision advisory board.

XVI.  RSA 263:6-c, relative to blind pedestrian information and examination.

XVII.  RSA 263:6-d, relative to reporting medically unfit persons.

XVIII.  RSA 263:7, relative to reexamination for a driver's license.

XIX.  RSA 261:52-a, relative to notice that interest and dividends tax may be due.

XX.  RSA 263:42, I, relative to fees for drivers' licenses.

XXI.  RSA 261:59-a, relative to proof of valid registration.

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

 

LBAO

19-0184

1/3/19

 

HB 507-FN-A-LOCAL- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to registration of commercial motor vehicles and operator's/drivers' licenses.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

Indeterminable

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Other - Restricted Cost of Collections* and Others (See Methodology)

*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.

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill repeals laws requiring a driver’s license for all non-commercial drivers and the registration requirement for all non-commercial vehicles and conveyances, as well as requires the Department of Safety to issue non-commercial automobile owners a vehicle decal stating the vehicle is exempt from registration and a photo identification card, both at no cost. Vehicles will also no longer require an annual inspection.  Lastly, this bill removes the compliance aspect with the Selective Service Act for those who have authorized the Department to submit information to the Selective Service System.

 

The changes proposed in this bill would result in revenue reduction due to the elimination of licensing, registration, and inspection requirements, both to the state and local governments.  If this bill was effective during fiscal year 2018, the following funds would be impacted by the reduction in revenue:

State Revenue FY 2018

Local Revenue FY 2018

Registration

$86,914,267

Local Registration

$267,418,400

Licensing

$13,259,703

Local Highway Aid*

$12,478,734

Inspection

$3,815,477

Total to Locals

$279,897,134

Total Highway Fund/Cost of Collection

$103,989,447

 

 

 

 

 

 

Conservation Plate

$1,755,810

 

 

Reflectorized Plate

$2,289,350

 

 

Driver- Safety Education

$1,521,289

 

 

Motor Cycle Rider Education

$675,508

 

 

Total Restricted Dedicated Funds

$6,241,956

 

 

 

 

 

 

Inspection Stickers

$336,207

 

 

Title Fines

$71,200

 

 

Initial Plate

$4,854,430

 

 

Total General Funds

$5,261,837

 

 

 

 

 

 

Total State Revenue

$115,493,240

 

 

*Pursuant to RSA 235:35 (“Apportionment A”), 12 percent of total road toll revenue and motor vehicle fees are distributed from the state highway fund to cities and towns pursuant to the specified formula in the following year (12% of $103,989,447 — $12,478,734 in local highway aid).

 

The above state revenue reductions would impact the state general fund, highway fund, and several other restricted revenue funds including: the motorcycle rider safety fund; driver training fund; reflectorized plate fund; and the conservation number plate fund which allocates funds to Department of Transportation, Department of Natural and Cultural Resources, Fish and Game Department, the State Conservation Committee, and the Land and Community Heritage Investment Authority.

 

The Division of Motor Vehicles’ (DMV) driver license software would need to be modified to allow for the issuance of the new type of identification card required by this bill.  The vendor has estimated a cost of approximately $300,000 to reprogram the system to issue this identification card.  The above cost does not include the cost of design and production of the new identification card.  A new card type would need to be designed and produced and the driver license production system would need to be reprogrammed to accommodate production of the new card.  The cost associated with this system change is indeterminable at this time.  Municipalities may also incur system programming costs to reflect the changes in this bill, the overall impact to local expenditures cannot be determined.

 

AGENCIES CONTACTED:

Department of Safety

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Transportation HJ 3 P. 17
Feb. 26, 2019 Public Hearing: 02/26/2019 10:00 am LOB 203
March 5, 2019 Executive Session: 03/05/2019 01:30 pm LOB 203
March 14, 2019 Committee Report: Inexpedient to Legislate for 03/14/2019 (Vote 19-0; CC) HC 15 P. 6
Committee Report: Inexpedient to Legislate (Vote 19-0; CC)
March 14, 2019 Removed from Consent (Rep. Marple) 03/14/2019 HJ 9 P. 1
Special Order to 03/19/2019 Without Objection HJ 9 P. 51
March 20, 2019 Inexpedient to Legislate: MA RC 262-68 03/20/2019 HJ 11 P. 58

Action Dates

Date Body Type
Feb. 26, 2019 House Hearing
March 5, 2019 House Exec Session
House Floor Vote
March 14, 2019 House Floor Vote
March 19, 2019 House Floor Vote

Bill Text Revisions

HB507 Revision: 4789 Date: Jan. 15, 2019, 11:34 a.m.