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2002 SESSION

02-3129

03/09

SENATE BILL 403-FN

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Changes the title of motor vehicle inspectors to highway patrol and enforcement officers.

II. Establishes fees for special motorcycle licenses and motorcycle endorsements.

III. Allows a person who was awarded a purple heart to be issued an additional special number plate for a motorcycle.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/20/02 2758s

4apr02...2987h

5/2/02 3748eba

02-3129

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

262:1 Department of Safety; Enforcement; Motor Vehicle Inspector Changed to Highway Patrol and Enforcement Officer. 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, [motor vehicle inspector] highway patrol and enforcement officer, 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.

262:2 Registration of Vehicles; Special Number Plates for Veterans; Veterans Awarded the Purple Heart. Amend RSA 261:86, II to read as follows:

II. Plates furnished pursuant to subparagraphs I(a)-(c) shall be issued without charge. Plates furnished pursuant to subparagraphs I(d) and (e) shall be issued upon payment of the regular registration and number plate fees. Notwithstanding RSA 265:73 or any other law, any person who is issued a plate pursuant to subparagraphs I(c)-(e) shall not be entitled to free parking privileges provided for disabled veterans. Individuals who qualify for special plates for certain veterans shall only be issued one set of plates pursuant to this section, except that a person who qualifies for special plates pursuant to subparagraph I(d) may be issued an additional special plate for a motorcycle.

262:3 Driver's License Fees; Special Motorcycle License and Motorcycle Endorsement. Amend RSA 263:42, I to read as follows:

I. For each youth operator's or original driver's license and examination or driver's license renewal, other than for a commercial vehicle or motorcycle- $50; for each original commercial driver license and examination or commercial driver license renewal- $60; for each commercial driver license reexamination in a one-year period- $20; for each commercial vehicle endorsement, renewal of an endorsement, or removal of a restriction- $10; for each special motorcycle original license and examination or special motorcycle license renewal- $50; for each original motorcycle endorsement- $25; for each motorcycle endorsement renewal- no charge. For each original driver's license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Every license shall expire on the licensee's birthdate in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.

262:4 Equipment of Vehicles; Motor Vehicle Inspectors Changed to Highway Patrol and Enforcement Officers. Amend RSA 266:1-a to read as follows:

266:1-a [Motor Vehicle Inspectors] Highway Patrol and Enforcement Officers.

I. The commissioner of safety shall establish a force of [motor vehicle inspectors] highway patrol and enforcement officers to assist the director in enforcing the motor vehicle inspection laws and rules. A [motor vehicle inspector] highway patrol and enforcement officer appointed by the commissioner pursuant to this section shall have the powers of a peace officer, certified under RSA 188-F:26, and shall 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] highway patrol and enforcement officer 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.

II. The commissioner shall furnish suitable equipment to a [motor vehicle inspector] highway patrol and enforcement officer, as the commissioner deems necessary, to distinguish the officer as an individual acting in an official capacity. A [motor vehicle inspector] highway patrol and enforcement officer appointed by the commissioner pursuant to this section shall be directly responsible to the director and shall be a classified employee.

262:5 Driver's License Fees; Expiration; Exception. Amend RSA 263:42, I to read as follows:

I. For each [youth operator's or] original driver's license and examination or driver's license renewal, other than for a commercial vehicle or motorcycle- $50; for each youth operator's license and examination- $10; for each original commercial driver license and examination or commercial driver license renewal- $60; for each commercial driver license reexamination in a one-year period-$20; for each commercial vehicle endorsement, renewal of an endorsement or removal of a restriction- $10; for each special motorcycle original license and examination or special motorcycle license renewal- $50; for each original motorcycle endorsement- $25; for each motorcycle endorsement renewal- no charge. For each original driver's license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Except as provided in RSA 263:14, every license shall expire on the licensee's birthdate in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.

262:6 Contingency. If HB 209-FN of the 2002 legislative session becomes law, then section 5 of this act shall take effect on January 1, 2003 and section 5 of HB 209-FN shall not take effect. If HB 209-FN does not become law, then section 5 of this act shall not take effect and section 5 of HB 209-FN shall take effect.

262:7 Effective Date.

I. Section 3 of this act shall take effect July 1, 2002.

II. Section 5 shall take effect as provided in section 6 of this act.

III. The remainder of this act shall take effect 60 days after its passage.

(Approved: May 18, 2002)

(Effective Date: I. Section 3 of this act shall take effect July 1, 2002.