Revision: Dec. 6, 2023, 2:22 p.m.
HB 1439-FN - AS INTRODUCED
2024 SESSION
24-2573
11/08
HOUSE BILL 1439-FN
AN ACT relative to vehicle registrations and reciprocal toll collection enforcement agreements.
SPONSORS: Rep. Comtois, Belk. 7
COMMITTEE: Public Works and Highways
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2573
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
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] is 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, 2025.
24-2573
11/27/23
HB 1439-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to vehicle registrations and reciprocal toll collection enforcement agreements.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | Indeterminable Decrease | ||||
Revenue Fund(s) | Highway Fund, Turnpike Fund | |||||
Expenditures | $0 | $16,000 | $0 | $0 | ||
Funding Source(s) | Restricted – Highway Fund Cost of Collections – Per the state constitution, costs associated with the collection/administration of highway fund revenue by the Department of Safety is deducted prior to funds being credited as unrestricted highway fund revenue. | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
METHODOLOGY:
This bill, effective January 1, 2025, will no longer allow the Department of Safety, Division of Motor Vehicles (DMV), to put a hold or suspension on a vehicle that has EZ Pass violations in another state, however, will still allow a hold or suspension on a vehicle that has an EZ Pass violation in New Hampshire. Ultimately, this bill will have an indeterminable impact on both turnpike fund (relative to toll collections and fines) and state highway fund (relative to DMV fines) in FY 2025 and each year thereafter. The Department of Transportation and Department of Safety has provided the following relative to potential revenue impacts:
Department of Transportation (NHDOT)
The ability to suspend the motor vehicle registration (DMV hold process) of owners in violation of reciprocal toll collection enforcement agreements would be eliminated under this bill. Presently, the memorandum of agreement (MOA) with Massachusetts (MA) and Maine (ME) allows the state to submit 20 requests to “DMV hold” per month since the process is via paper/email, not electronic file. This allows a maximum of 360 holds per year, per state (NHDOT is working to automate the system electronically next year). Removing NHDOT’s ability to continue (and develop) reciprocity agreements with our neighboring states with toll systems eliminates the NHDOT’s ability to collect tolls and administrative fees from out-of-state violators. NHDOT has agreements in place with MA and ME since, most E-ZPass invoice/violation notices get mailed to our neighboring states. For example, in June 2023, 1,620,237 unpaid transactions went through image review and the three highest ranking states: NH plates 47%, MA plates 27%, and ME plates 6%.
The Department reports related collections of $32,650 in FY 2022 and $93,435 in FY 2023 and if they were not limited to 20 holds per month, the amounts would have been $265,000 in FY 2022 and $285,000 in FY 2023.
Department of Safety
The impact on the highway fund revenue is estimated to be an approximate loss of $4,400, based on the past years data of approximately 88 vehicles being placed on hold for reciprocal toll fees not collected, and a $50.00 administrative fine owed to DMV for each, due to that hold.
In addition, the Department of Safety states it would incur a one-time $16,000 expense (in FY 2025) relative to making necessary system changes to reflect this bill’s provisions.
AGENCIES CONTACTED:
Department of Safety and Department of Transportation