5/24/01...1245s

2001 SESSION

01-0567

03/10

HOUSE BILL 615

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill expands the enforcement authority of motor vehicle inspectors to include the transport of hazardous materials and waste and other enforcement duties determined by the commissioner of safety. This bill establishes an exemption from the certificate of title fee for a surviving spouse taking title by rights of survivorship. This bill also repeals the fee that must be paid to the department of safety when submitting proof of satisfaction of a default in another jurisdiction.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5/24/01...1245s

01-0567

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

139:1 Transport of Hazardous Materials and Waste; Enforcement; Motor Vehicle Inspector. Amend RSA 21-P:19 to read as follows:

21-P:19 Enforcement. The provisions of this subdivision and any rules adopted under it shall be enforced anywhere in the state by any state trooper, [highway enforcement officer] motor vehicle inspector, authorized agent of the commissioner of safety, or by any law enforcement officer within his respective jurisdiction. The officers may detain and inspect any sealed or unsealed vehicle, container, or shipment which contains or which they have reason to believe contains hazardous materials or wastes while in transit or in maintenance facilities or terminals or on other public or private property to ascertain if hazardous materials or wastes are being loaded, unloaded, stored, or transported and to inspect the contents, take samples, and to otherwise insure compliance with the provisions of this subdivision and of all rules adopted under this subdivision. If a seal is opened for inspection, the inspecting officer shall reseal any vehicle, container, or shipment prior to further transportation.

139:2 Motor Vehicle Inspectors; Other Enforcement Duties. Amend RSA 266:1-a, I to read as follows:

I. The commissioner of safety shall establish a force of motor vehicle inspectors to assist the director in enforcing the motor vehicle inspection laws and rules. A motor vehicle inspector appointed by the commissioner pursuant to this section shall [be] have the powers of a peace officer, certified under RSA 188-F:26, and shall [be dedicated to] have as his or her primary function enforcement duties related to the inspection process, including inspection station auditing, investigation of alleged inspection station malfeasance, rejected vehicle follow-up, and sticker monitoring. A motor vehicle inspector appointed under this section shall have the authority to enter any motor vehicle inspection station authorized under RSA 266:1, during the station's business hours, to fulfill his or her duties, and shall be assigned other enforcement duties as determined by the commissioner.

139:3 New Paragraph; Certificates of Title; Fees; Surviving Spouse. Amend RSA 261:20 by inserting after paragraph III the following new paragraph:

III-a. No fee shall be charged for a first certificate of title to a motor vehicle that has passed to a surviving spouse by rights of survivorship, provided that the application for the first certificate of title is in the surviving spouse's name alone and the application is made within 13 months of the decedent's date of death.

139:4 Repeal. RSA 263:56-c, II-III, relative to fee for proof of satisfaction of default, is repealed.

139:5 Effective Date.

I. Sections 1 and 2 of this act shall take effect 60 days after its passage.

(Approved: June 29, 2001)

(Effective Date: I. Sections 1 and 2 shall take effect August 28, 2001