HB 579-FN - AS INTRODUCED
2003 SESSION
03/09
HOUSE BILL 579-FN
This bill eliminates the provisions requiring certificates of title for motor vehicles.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0692
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT abolishing all requirements for certificates of title for motor vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Offenses and Antitheft Provisions; Penalties. Amend RSA 262:1 to read as follows:
262:1 Penalties.
I. A person who, with fraudulent intent:
(a) Alters, forges, or counterfeits a [certificate of title or] certificate of origin;
(b) Alters or forges an assignment of a [certificate of title or a] certificate of origin, or an assignment or release of a security interest, on a [certificate of title or a] certificate of origin or a form the director prescribes; or
(c) Has possession of or uses a [certificate of title or] certificate of origin knowing it to have been altered, forged, or counterfeited[; or
(d) Uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title or certificate of origin, or in any proof or statement in writing in connection therewith,] shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
II. A person who[:
(a) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
(b) Wilfully fails to mail or deliver a certificate of title or application therefor to the department within 20 days after the time required by this title;
(c) Wilfully fails to deliver to his transferee a certificate of title within 20 days after the time required by this title; or
(d)] wilfully violates any provision of this chapter, except as provided in paragraph I, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
2 Report of Theft; Recovery of Unclaimed Vehicle. Amend RSA 262:2, V to read as follows:
V. The director may suspend the registration of a vehicle whose theft or conversion is reported to [him] the director pursuant to this section[; until the department learns of its recovery or that the report of its theft or conversion was erroneous, it shall not issue a certificate of title for the vehicle].
3 Repeal. The following are repealed:
I. RSA 21-P:14, III(a)-(l), relative to certificate of title rules.
II. RSA 259:9, II, relative to certificate of title.
III. RSA 259:72, III, relative to owner on certificate of title.
IV. RSA 259:79, II, relative to title to previously registered vehicles.
V. RSA 260:24-25, relative to bureau of certificate of title.
VI. RSA 261:1-39, relative to certificate of title.
VII. RSA 261:57-a, I, relative to temporary registrations.
VIII. RSA 261:57-a, III, relative to registration and title fees.
4 Effective Date. This act shall take effect January 1, 2004.
LBAO
03-0692
1/24/03
HB 579-FN - FISCAL NOTE
AN ACT abolishing all requirements for certificates of title for motor vehicles.
FISCAL IMPACT:
The Department of Safety states this bill will decrease state general fund revenue by $2,050,000 in FY 2004 and $4,200,000 in FY 2005 and each year thereafter, and decrease state highway fund revenue by $3,075,000 in FY 2004 and $6,300,000 in FY 2005 and each year thereafter. State highway fund expenditures will decrease by $580,042 in FY 2004, $1,561,399 in FY 2005, and $1,948,399 in FY 2006 and each year thereafter. Local revenue will decrease by $369,000 in FY 2005 and $756,000 in FY 2006 and each year thereafter. There will be no fiscal impact on county revenue or county and local expenditures.
METHODOLOGY:
The Department states this bill would eliminate certificates of title for all motor vehicles. The Department assumes titles to be issued would total 410,000 in FY 2004, and 420,000 in FY 2005 through FY 2007. Currently, the Department issues certificates of title at $25 each and the revenue is distributed at 60% to the Highway Fund and 40% to the General Fund. The decrease in Highway Fund revenue would result in a decrease in Local Highway Aid which is calculated at 12% of the revenue change in the prior fiscal year. In addition, as a result of this bill, expenditures for the Title Bureau would be eliminated, and are estimated at $1,160,083 in FY 2004 and $1,192,399 in FY 2005 and each year thereafter. Assuming an effective date of January 1, 2004, the fiscal impact is as follows:
FY 2004 FY 2005 FY 2006 FY 2007
General Fund Revenue
Title Fee Elimination ($2,050,000) ($4,200,000) ($4,200,000) ($4,200,000)
Total Revenue ($2,050,000) ($4,200,000) ($4,200,000) ($4,200,000)
Highway Fund Revenue
Title Fee Elimination ($3,075,000) ($6,300,000) ($6,300,000) ($6,300,000)
Total Revenue ($3,075,000) ($6,300,000) ($6,300,000) ($6,300,000)
Expenditures
Local Aid Decrease $ 0 ($ 369,000) ($ 756,000) ($ 756,000)
Title Bureau Elimination (580,042) (1,192,399) (1,192,399) (1,192,399)
LBAO
03-0692
1/24/03
Page 2
Total Expenditures ($ 580,042) ($1,561,399) ($1,948,399) ($1,948,399)
Local Impact Revenue
Local Highway Aid $ 0 ($ 369,000) ($ 756,000) ($ 756,000)
Total Revenue 0 ($ 369,000) ($ 756,000) ($ 756,000)