HB 486-FN - AS INTRODUCED
2023 SESSION
23-0360
02/08
HOUSE BILL 486-FN
AN ACT relative to vehicle registrations and reciprocal toll collection enforcement agreements.
SPONSORS: Rep. Comtois, Belk. 7; Rep. Hoell, Merr. 27
COMMITTEE: Ways and Means
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ANALYSIS
This bill removes the authority of the commissioner of the department of transportation to suspend the motor vehicle registration of owners in violation of reciprocal toll collection enforcement agreements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0360
02/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to vehicle registrations and reciprocal toll collection enforcement agreements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 License Suspension and Revocation; Suspension for Evasion of Electronic Toll Collection System. Amend RSA 263:56-f to read as follows:
I. Upon receiving a report from the commissioner of the department of transportation or designee[, or another state having a reciprocal toll collection enforcement agreement,] that the owner of a vehicle, as defined in RSA 236:31, has violated the terms of RSA 236:31, [or a reciprocal toll collection enforcement agreement in accordance with RSA 237:16-c,] the director shall notify the owner in writing by first class mail that the owner's motor vehicle registration privileges for the vehicle driven in violation of RSA 236:31 are suspended as of the date which is 30 days from the date of notification unless the toll and any administrative fees assessed by the department of transportation are paid. Furthermore, the registered owner of the vehicle driven in violation of RSA 236:31 is prohibited from transferring a plate to said vehicle or obtaining a new plate for said vehicle or any other vehicle until such tolls and fees are paid. The registered owner is further prohibited from transferring ownership of said vehicle driven in violation of RSA 236:31[, or a reciprocal toll collection enforcement agreement in accordance with RSA 237:16-c,] to a family member or an individual with the same address listed in department of motor vehicle records, until such tolls and fees are paid. The director shall also notify the owner that he or she may request an administrative hearing before the suspension or prohibitions take effect. The hearing shall be limited in scope and shall not constitute an appeal of the fees or fines related to the unpaid tolls, which can only be determined by the department of transportation. A request for a hearing shall be in writing. A request for a hearing received by the division more than 30 days from the date the notice is issued shall be denied as untimely.
2 Regional Electronic Toll Collection; Additional Uses of E-Z Pass System. Amend RSA 237:16-g, I to read as follows:
I. The financial obligation has been incurred for a purpose approved by the department pursuant to RSA 237:16-d[, or the Interagency Group pursuant to procedures adopted in accordance with RSA 237:16-c].
3 Repeal. RSA 237:16-c, V, relative to regional electronic toll collection; E-Z Pass operations interagency agreement, is repealed.
4 Effective Date. This act shall take effect January 1, 2024.
23-0360
1/5/23
HB 486-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to vehicle registrations and reciprocal toll collection enforcement agreements.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $16,000 | ($528) | ($528) |
Funding Source: | [ ] General [ ] Education [ X ] Highway [ X ] Other - Turnpike Fund & Restricted - Cost of Collection/Administration* | |||
*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 | $0 | $0 | ($528) | ($528) |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This bill removes the authority of the Department of Transportation to suspend the motor vehicle registration of owners in violation of reciprocal toll collection enforcement agreements. The Department states by removing its ability to continue (and develop) reciprocity agreements with our neighboring states with toll systems it would eliminate the Department's success in collecting tolls and administrative fees from out-of-state violators. The Department reports it collected $32,650 in Division of Motor Vehicles (DMV) holds (from Massachusetts and Maine) in FY 2022. It is anticipated the decrease in turnpike toll revenue related to this bill in FY 2024 and beyond will be a similar amount.
The Department of Safety states this bill would reduce DMV revenue collected relative to $50 administrative fees on registration holds. The Department states based on previous year data, there were 88 vehicles, therefore the annual revenue reduction would be approximately $4,400 beginning in FY 2024, and pursuant to RSA 235:23 (“Apportionment A”), 12 percent of road toll and motor vehicle fees collected are distributed to municipalities in the year following collection. Therefore this bill would decrease state expenditures and local revenue beginning in FY 2025 by $528 per year ($4,400 X 12%). Lastly, the Department states it would incur a one-time cost of approximately $16,000 to make the necessary changes to its VISION and MAAP systems to reflect the changes in this bill.
AGENCIES CONTACTED:
Department of Transportation and Department of Safety
| Date | Body | Type |
|---|---|---|
| Jan. 31, 2023 | House | Hearing |
| Feb. 15, 2023 | House | Exec Session |
| March 8, 2023 | House | Exec Session |
| March 8, 2023 | House | Exec Session |
| March 8, 2023 | House | Floor Vote |
Oct. 27, 2023: Died on Table, Session ended 10/26/2023 HJ 18
March 24, 2023: Lay HB486 on Table (Rep. Comtois): MA VV 03/23/2023 HJ 11 P. 47
March 13, 2023: Minority Committee Report: Ought to Pass
March 13, 2023: Majority Committee Report: Inexpedient to Legislate HB486-FN 03/08/2023 (Vote 18-2; RC) HC 16 P. 42
March 1, 2023: Executive Session: 03/08/2023 01:15 pm LOB 202-204
Feb. 24, 2023: Executive Session: 03/08/2023 10:00 am LOB 202-204
Feb. 24, 2023: Full Committee Work Session: 03/07/2023 02:00 pm LOB 202-204
Feb. 8, 2023: Executive Session: 02/15/2023 10:00 am LOB 202-204
Jan. 25, 2023: Public Hearing: 01/31/2023 01:15 pm LOB 202-204
Jan. 11, 2023: Introduced (in recess of) 01/05/2023 and referred to Ways and Means HJ 3 P. 18