Revision: Jan. 15, 2019, 11:54 a.m.
HB 517-FN-LOCAL - AS INTRODUCED
2019 SESSION
19-0245
11/04
HOUSE BILL 517-FN-LOCAL
AN ACT repealing municipal permits for registration of vehicles.
SPONSORS: Rep. Marple, Merr. 24; Rep. Verville, Rock. 2
COMMITTEE: Transportation
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ANALYSIS
This bill repeals the requirement that a vehicle owner must obtain a registration permit from the city or town in which he or she resides.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0245
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT repealing municipal permits for registration of vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Findings and Intent to Conform to the Uniform Commercial Code Section 9-109. As Supreme Court Justice Grimes confirmed in National Shawmut Bank v. Jones, 108 N.H. 386 (1967), the general court finds that municipalities have, under color of law, taxed automobiles and other self-propelled conveyances which have been classified by RSA 382-A:9-102 as non-taxable "consumer goods" or "household goods" which the general court holds as superior authority. The general court holds the automobile, as a "household good," is non-taxable. The distinction between an "automobile" and other self-propelled conveyances and a "motor vehicle" is its use; the motor vehicle is a conveyance used on public ways for profit or gain and is thus deemed commercial use, subject to the jurisdiction of the government for taxation and regulation.
2 Repeal. RSA 261:148 through 261:165, relative to municipal permits for registration of an automobile, are repealed. Such color of law is inconsistent and contrary to RSA 382-A:9-109, the superior and controlling statute.
3 Effective Date. This act shall take effect upon its passage.
19-0245
Redraft 1/8/19
HB 517-FN-LOCAL- FISCAL NOTE
AS INTRODUCED
AN ACT repealing municipal permits for registration of vehicles.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $56,000 | $0 | $0 | $0 |
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.
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LOCAL: |
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Revenue | $(267,418,400) | $(267,418,400) | $(267,418,400) | $(267,418,400) |
Expenditures | Indeterminable | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
METHODOLOGY:
This bill repeals the requirement that a vehicle owner must obtain a registration permit from the municipality in which they reside. Based on the municipal permit fees collected in State fiscal year 2018, the Department of Safety estimates local revenue would decrease by $267,418,400 in FY 2020 and each year thereafter. The State impact to expenditures is estimated to increase by $56,000 in FY 2020 due to the Department of Safety’s reported need to reprogram the VISION and MAAP systems used for processing motor vehicle registrations. Local expenditures would be impacted at an indeterminable amount, since each municipality determines their own resource needs relative to permit processing and administrative functions. Therefore, this bill may increase municipal expenditures in FY 2020 due to reprogramming costs to municipal registration systems to adhere to this bill. Further, municipal expenditure may decrease, if municipalities determine fewer resources are needed to process registrations.
AGENCIES CONTACTED:
Department of Safety