hb 0584

CHAPTER 226

HB 584-FN-A - FINAL VERSION

AN ACT relative to the registration and licensure of OHRV dealers and rental agents.

SPONSORS: Rep. Letourneau, Rock 13; Rep. Packard, Rock 29; Sen. Johnson, Dist 3

This bill increases the registration fees for OHRV dealers and rental agents and provides for licensure of OHRV dealers and rental agents.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the registration and licensure of OHRV dealers and rental agents.

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

226:1 New Paragraph; OHRVs; Definitions; Dealer. Amend RSA 215-A:1 by inserting after paragraph III the following new paragraph:

III-a. "Dealer" means a person in the OHRV business who sells OHRVs to the general public, or demonstrates for sale vehicles on consignment to the general public. There shall be a rebuttable presumption that any person who sells or who acts as an agent of a seller for 5 or more vehicles at retail to the general public in a consecutive 12-month period is a retail vehicle dealer. For the purpose of this definition, this shall include retail OHRV dealers and wholesale OHRV dealers.

226:2 New Paragraph; OHRVs; Definitions; Rental Agent. Amend RSA 215-A:1 by inserting after paragraph XI the following new paragraph:

XI-a. "Rental agent" means a person licensed under RSA 215-A:26 accepting money or other valuable consideration for the temporary use of OHRVs, provided to members of the general public.

226:3 Registration Fees; Dealer; Rental Removed. Amend RSA 215-A:23, IV to read as follows:

IV. Dealer registration [~~and rental plates~~]-[~~$25~~] $35 for each plate [~~or set of plates~~].

(a) The first [$8] $16 shall be appropriated to the department of resources and economic development for administration of the bureau's grant-in-aid program pursuant to paragraph VI.

(b) From the balance, [~~$8.20~~] $9.30 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and [~~$8.80~~] $9.70 shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.

226:4 New Paragraph; Registration Fees; Rental Agent Added. Amend RSA 215-A:23 by inserting after paragraph IV the following new paragraph:

(a) The first $35 shall be appropriated to the department of resources and economic development for administration of the bureau's grant-in-aid program pursuant to paragraph VI.

(b) From the balance, $11.10 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and $11.90 shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.

226:5 Dealers and Rental Agents; License Required; Rulemaking. Amend RSA 215-A:26 to read as follows:

I. Any person who is in the business of selling OHRVs shall [~~register~~] be required to be licensed as a dealer with the executive director. The executive director shall assign a distinguishing number to the [~~registrant~~] dealer and issue appropriate [~~registration~~] plates [~~to him~~]. The dealer may use the plates for [~~his~~] pleasure purposes, but shall not rent or otherwise permit these plates to be used except for demonstration purposes in connection with [~~his~~] the dealer's business. [~~Registration~~] License numbers or plates shall be carried while the OHRV is operated.

II. Any person [~~may~~] shall make application to the executive director to [~~engage in the business of renting OHRVs~~] accept money or other valuable consideration for the temporary use of OHRVs provided to members of the general public. The executive director shall assign a distinguishing number to the applicant and issue [~~to him,~~] appropriate [~~registration plates~~] decals which shall not be transferable between OHRVs owned by the [~~registrant~~] rental agent and those used [~~by him~~] for rental. When renting OHRVs, any person shall be required to use rental [~~plates~~] decals, if said machine is to be used off the rentor's land.

III. The executive director or [~~his~~] duly authorized agent may revoke a dealer or rental [~~registration~~] agent license for cause.

IV. Each dealer or rental agent shall be licensed by the fish and game department under this section and shall pay $10 for each license. All license fees collected shall be nonlapsing and continually appropriated to the fish and game department to offset the administrative costs of this section.

V. The executive director shall adopt rules pursuant to RSA 541-A relative to the application for, further definitions, licensing requirements, design of, issuance, denial or revocation of, dealer or rental agent plates or decals.