CHAPTER 165

SB 423-FN-A - FINAL VERSION

2/14/02 2572s

2/20/02 2765s

17apr02...3324h

2002 SESSION

02-3131

03/09

SENATE BILL 423-FN-A

AN ACT relative to fees collected by the department of safety, certificates of title, and disclosure of information for the development, maintenance, and updating of the tax policy modeling system, and making an appropriation to the governor's office of emergency management.

SPONSORS: Sen. Eaton, Dist 10; Sen. D'Allesandro, Dist 20; Rep. Bartlett, Belk 6; Rep. Letourneau, Rock 13

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Increases the fee for number plates from $2.50 to $4.00.

II. Establishes a fee for salvage vehicle decals.

III. Increases certain fees for certificates of title.

IV. Makes an appropriation to pay for the hiring of motor vehicle inspectors.

V. Increases the additional funding required for the DMV testing building which may be charged to the inventory fund established by RSA 228:25.

VI. Permits any dealer to become the owner of a vehicle by satisfying the first lien named in the certificate of title.

VII. Adds an exception to the confidentiality of department of revenue administration records for the development, maintenance, and updating of the tax policy modeling system.

VIII. Makes an appropriation to the governor's office of emergency management to match federal funds received as a result of the storm of March 5-6, 2001.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/14/02 2572s

2/20/02 2765s

17apr02...3324h

02-3131

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to fees collected by the department of safety, certificates of title, and disclosure of information for the development, maintenance, and updating of the tax policy modeling system, and making an appropriation to the governor's office of emergency management.

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

165:1 Administration of Transportation Laws; Addition to Fund; Plate Fee Increased. Amend RSA 228:25, I to read as follows:

I. There is hereby established an inventory fund in the department of safety in the amount of $1,000,000 which sum is hereby authorized as a revolving fund comprised of funds in the highway fund that are not otherwise appropriated. The prison shall purchase such raw materials as may be required and agreed to by the commissioner of safety in order for the commissioner of safety to issue fully reflectorized motor vehicle number plates. This purchase shall be a charge against the inventory fund and the prison shall be responsible for the control and accountability of the raw materials so charged. Said number plates shall be manufactured at the state prison. The prison shall be furnished out of said inventory account the raw materials necessary to manufacture said plates and upon receipt of the finished plates by the department of safety shall be reimbursed for their direct and indirect costs. The commissioner of safety shall, annually, request the commissioner of administrative services to review and approve said cost rates. Notwithstanding any other provision of law, the commissioner of safety shall charge in addition to the regular motor vehicle registration fee the sum of [$2.50] $4.00 per plate at the time of issuing said reflectorized motor vehicle number plates or replacement reflectorized number plates. Said additional charge shall not give the registrant any title or other property interest in said plates. The commissioner of safety or deputy may request from time to time delivery of the number plates from the prison and shall reimburse the inventory fund by a transfer from revenue. At least 6 months prior to subsequent general issue, a transfer from revenue shall be made for all remaining finished plates in inventory.

165:2` Certificates of Title and Registration of Vehicles; Mailing of Certificate. Amend RSA 261:9 to read as follows:

261:9 Mailing of Certificate. The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. In the event the lien has been satisfied by a dealer, the dealer becomes the owner and the state is authorized to mail the title to the dealer.

165:3 Certificates of Title and Registration of Vehicles; Fees; Fees Increased. Amend RSA 261:20, I(a)-(c) to read as follows:

(a) For filing an application for a first certificate of title, with or without a lienholder named, [$20] $25;

(b) For a certificate of title after a transfer, with or without a lienholder named, [$20] $25;

(c) For a duplicate certificate of title, [$20] $25;

165:4 Certificates of Title and Registration of Vehicles; Fees; Salvage Vehicle Decal Added. Amend RSA 261:20, I(h) to read as follows:

(h) For issuing a distinctive New Hampshire number in place of a vehicle identification number, $30;

(i) For issuing a salvage vehicle decal pursuant to RSA 261:22, IV, $50.

165:5 Certificates of Title and Registration of Vehicles; Fees; Distribution of Revenue. Amend RSA 261:20, IV to read as follows:

IV. Notwithstanding any other provision of law, 3/5 of the fees collected under RSA 261:20, I(a)-(c) shall be deposited in the highway fund and 2/5 of the fees collected under RSA 261:20, I(a)-(c) shall be deposited as unrestricted revenue in the general fund, and 50 percent of the fees collected under [this section] RSA 261:20, I(d)-(i) shall be deposited as unrestricted revenue in the general fund and 50 percent of the fees collected under RSA 261:20, I(d)-(i) shall be deposited in the highway fund.

165:6 Certificates of Title and Registration of Vehicles; Number Plates; Fee Increased. Amend RSA 261:75, I to read as follows:

I. The department shall design and issue to every person whose vehicle is registered a number plate or plates for a fee of [$2.50] $4.00 per plate. Such plate or plates shall be furnished by the department yearly or at whatever interval of years the department shall determine. In all cases such plate or plates shall bear on the face thereof a permanent or changeable designation of their effective period.

165:7 Certificates of Title and Registration of Vehicles; Manufacturing Fee, Number Plates; Fee Increased. Amend RSA 261:147 to read as follows:

261:147 Manufacturing Fee, Number Plates. For each number plate issued, the department shall charge, in addition to any other fee required herein, a manufacturing fee of [$2.50] $4.00 per plate to be collected and disposed of as provided in RSA 228:25.

165:8 Department of Safety; DMV Testing; Additional Funding. Amend 2001, 202:25 to read as follows:

202:25 Department of Safety; DMV Testing; Additional Funding. Pursuant to 1999, 226:4, II, A as amended by 2000, 132:2 and [section 24 of this act] 2001, 202:24, and as extended by [this act] 2001, 202:28, XXV, the commissioner of safety shall design, construct, and furnish as needed a troop D barracks on Clinton Street, in Concord, and a DMV building on Hazen Drive, in Concord, or other suitable location. Notwithstanding any provisions of law to the contrary, the commissioner of safety is authorized to hire architects and contractors to design and construct the DMV testing building and may use the services of the bureau of public works, department of transportation. Any additional funding required for the DMV testing building, shall be a charge to the inventory fund established by RSA 228:25 and shall not exceed [$950,000] $1,950,000.

165:9 Appropriation; Motor Vehicle Inspectors. The sums of $490,000 for the fiscal year ending June 30, 2003 and $830,000 for the fiscal year ending June 30, 2004, are hereby appropriated to the department of safety for the purpose of hiring 10 motor vehicle inspectors for the enforcement duties established in RSA 266:1-a. Said appropriations shall be a charge against the highway fund.

165:10 New Subparagraph; Department of Revenue Administration; Confidentiality; Tax Policy Modeling System. Amend RSA 21-J:14, V(d) by inserting after subparagraph (6) the following new subparagraph:

(7) The legislative budget assistant and the department of administrative services, provided that disclosure of department records, files, returns, or information to the legislative budget assistant and the department of administrative services shall be only for the purposes of, and to the extent necessary for, the development, maintenance, and updating of databases necessary for the operation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23. The legislative budget assistant may disclose such information to any consultant under contract with the fiscal committee of the general court pursuant to 1999, 338:23 for the development, maintenance, or updating of the tax policy modeling system. Disclosure of confidential tax information under this exception shall be limited as follows:

(A) Federal records shall only be disclosed according to federal law, regulations, and any compacts or agreements between the department and the Internal Revenue Service;

(B) Information disclosed pursuant to this subparagraph shall not include records, files, returns, or information disclosed to officers or employees of the department by any other state pursuant to a compact for the exchange of information between the department and any other state unless permitted by such state or compact; and

(C) Information disclosed shall not be further disclosed to persons other than officers or employees of the department of administrative services, of the legislative budget assistant, or of the consultant. Officers or employees of the department of administrative services, the legislative budget assistant, or the consultant having in their custody or control any confidential taxpayer information obtained from the department pursuant to this subparagraph shall be subject to the provisions of RSA 21-J:14.

165:11 Confidentiality of Department Records; Violations. Amend RSA 21-J:14, VIII to read as follows:

VIII. Violation of this section is a misdemeanor and if the offender is an officer or an employee of the state or an officer or employee of a vendor which has entered into a contractual agreement with the department under RSA 21-J:3, XX, [he] or has entered into a contractual agreement with the state and is authorized by law to receive information made confidential and privileged by this section, such officer or employee or such vendor shall in addition be removed from [his] office or dismissed from [his] employment.

165:12 Appropriation; Emergency Management. The sum of $675,073, of which $253,163 shall be a charge against the highway fund, for the biennium ending June 30, 2003, is hereby appropriated to the governor's office of emergency management to provide a state match for federal funds received as a result of damages sustained from the severe storm (EM 3166) of March 5-6, 2001. This appropriation shall be in addition to any other sums appropriated to the governor's office of emergency management. Said sum may be a charge against any appropriate fund. The governor is authorized to draw a warrant out of any money in the treasury not otherwise appropriated.

165:13 Effective Date.

I. Sections 1-9 of this act shall take effect July 1, 2002.

II. The remainder of this act shall take effect upon its passage.

(Approved: May 15, 2002)

(Effective Date: I. Sections 1-9 of this act shall take effect July 1, 2002.

II. The remainder of this act shall take effect May 15, 2002.)