Bill Details - HB612 (2019)

HB 612-FN - AS INTRODUCED

 

 

2019 SESSION

19-0374

11/03

 

HOUSE BILL 612-FN

 

AN ACT requiring a "certificate of origin" to accompany the sale of an automobile.

 

SPONSORS: Rep. Marple, Merr. 24

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill requires a certificate of origin to accompany the sale of an automobile.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0374

11/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT requiring a "certificate of origin" to accompany the sale of an automobile.

 

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

 

1  Statement of Purpose.  The general court finds a massive and unnecessary duplication of process in the delivery of the federal mandate concerning the document known as a deed, title, or certificate of origin in the matter of sales of automobiles and other self-propelled conveyances.  The duplication of process is extremely costly to the taxpayers and must be abated and eliminated.

2  Automobiles and Other Self-Propelled Conveyances; Deed; Certificate of Title; Certificate of Origin.  RSA 261:13 is repealed and reenacted to read as follows:

261:13  Certificate of Origin; Deed; Title.  When an automobile or other self-propelled conveyance is delivered in this state by the manufacturer to its agent or franchised dealer, the manufacturer shall execute and deliver to the agent or franchised dealer a document, certificate of origin, deed, or title in the form prescribed by the federal government that has exclusive control over all interstate commerce.  The deed or certificate of origin shall contain the identification number assigned and stamped upon the automobile or other self-propelled conveyance, the name of the manufacturer, model year, year of manufacture, number of cylinders, a general description of the body, if any, and the type of model.  When a new automobile or other self-propelled conveyance is sold in this state, the manufacturer, agent, or franchised dealer shall deliver the original certificate of origin or deed to the purchaser, who may use the document as collateral with any bank or lending institution who finances any balance due to the dealer.  The lending institutions shall deliver the certificate of origin or deed to the original purchaser or owner of the automobile upon completion of the financing contract.  The certificate of origin or deed shall stay with the automobile as evidence of title and delivered to any subsequent purchaser or owner pursuant to RSA 382-A.

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

 

LBAO

19-0374

1/14/19

 

HB 612-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring a "certificate of origin" to accompany the sale of an automobile.

 

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

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [    ] General            [    ] Education            [ X ] 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.

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill repeals and reenacts RSA 261:13 to require the certificate of origin, deed, or title, in the form prescribed by the federal government, be provided to the purchaser of any automobile or other self-propelled conveyance delivered to the state by a manufacturer.  The certificate of origin would be utilized as the proof of ownership and would be used as collateral with any lending institution and stay with the vehicle upon sale as evidence of title.  The Department of Safety states this would result in a split system; vehicles delivered to the state by a manufacturer and vehicles titled in New Hampshire.  In FY 2018, 33% (134,769) of titles issued in the state were for new vehicles delivered by the manufacturer, with revenue totaling $3,369,225.  The Department cannot estimate the revenue loss for FY 2020 and each year thereafter as it cannot predict how many new vehicles will be brought into the state each year and title issuance and revenue would decrease further as these new vehicles are sold in future years.   Also, 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 as highway block grants.  Therefore, this bill will result in an indeterminable decrease in state highway fund expenditures and local revenue in FY 2021 and each year thereafter.

 

AGENCIES CONTACTED:

Department of Safety

 

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Commerce and Consumer Affairs HJ 3 P. 22
Jan. 29, 2019 Public Hearing: 01/29/2019 10:20 am LOB 302
Feb. 6, 2019 Subcommittee Work Session: 02/06/2019 09:30 am LOB 302
Feb. 6, 2019 Executive Session: 02/06/2019 02:00 pm LOB 302
Feb. 27, 2019 Committee Report: Inexpedient to Legislate for 02/27/2019 (Vote 18-0; CC) HC 13 P. 4
Committee Report: Inexpedient to Legislate (Vote 18-0; CC)
Feb. 27, 2019 Inexpedient to Legislate: MA VV 02/27/2019 HJ 6 P. 5

Action Dates

Date Body Type
Jan. 29, 2019 House Hearing
Feb. 6, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote

Bill Text Revisions

HB612 Revision: 4895 Date: Jan. 16, 2019, 8:35 a.m.