15may03... 1658eba

2003 SESSION

03-0841

10/09

HOUSE BILL 808

COMMITTEE: Fish and Game

ANALYSIS

This bill clarifies the identification required for a resident fish and game license and removes requirements for presenting a resident tax receipt. The bill also corrects a reference to importing, possessing, and releasing wildlife.

This bill is a request of the fish and game department.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15may03... 1658eba

03-0841

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

112:1 Reference Removed; Optional Collection of Resident Tax. Amend RSA 72:1-c, I to read as follows:

I. Notwithstanding any other provision of law, any town or city by majority vote of the legislative body may elect not to assess, levy and collect a resident tax. All municipalities which elect not to assess, levy or collect said resident tax shall be exempt from all provisions of law relating to it. The provisions of RSA [214:11-a, 214:12, 215-A:1, XII,] 261:71[,] and 261:72 shall not apply to residents of municipalities not so assessing, levying or collecting the resident tax.

112:2 Tax Liens; Resident Taxes; Fish and Game Provisions Removed. Amend RSA 80:3 to read as follows:

80:3 Notice to Director of Division of Motor Vehicles [or Executive Director of Fish and Game] of Default in Payment. Before any collector of taxes or [his] deputy shall notify the director of the division of motor vehicles [or the executive director of the fish and game department] that the resident tax of any person is unpaid, the collector or [his] deputy shall make a demand in person or in writing by registered mail, limited to delivery to addressee only, return receipt requested, from such delinquent taxpayer or the person who is liable therefor. If such person neglects or refuses to pay the tax within 14 days, the collector may certify under the penalties of perjury upon a form provided by the director of the division of motor vehicles [or the executive director of the fish and game department], containing the name and address of the taxpayer or person liable for payment of the tax and such other information as the director [or executive director] may require, that to the best of [his] the collector's knowledge and belief such tax is unpaid, that demand in person or in writing by registered mail, as aforesaid, has been made and that the taxpayer or person liable for payment of the tax neglects and refuses to pay the same and request the director [or executive director] to take such action as may [to him] seem proper. The receipt of such certification by the director [or executive director] shall be sufficient evidence to require the director [or executive director] to revoke the registration [or license] of the person or persons named therein as provided in RSA [214:12 and] 260:6; and until such time as evidence of payment of the tax has been furnished the director [or executive director] when the registration [or license, or both,] may be restored.

112:3 Subdivision Heading Changed. Amend the subdivision heading preceding RSA 207:14 to read as follows:

[Importing or Releasing] Import, Possession, or Release of Wildlife

112:4 Section Heading Changed. Amend the section heading of RSA 207:14 to read as follows:

207:14 [Importing and Releasing] Import, Possession, or Release of Wildlife.

112:5 Fish and Game; Resident Requirements. Amend RSA 214:11-a to read as follows:

214:11-a Resident Tax Receipt or Driver's License Required.

I. No person is authorized to procure a license to hunt or fish, or a license to take clams or clam worms or oysters, without first exhibiting to the person issuing the license a [ receipt indicating that he has paid all resident taxes for the preceding year for which he is liable, or instead, a certificate in writing that he has been lawfully relieved from such payment by reason of exemption or abatement. However, a license may be issued if the selectmen or assessors certify that in their opinion the applicant should be granted such a license even though the taxes have not been paid] valid New Hampshire driver's license or New Hampshire non-driver's picture identification card issued pursuant to RSA 260:21. Whenever the applicant is under 18 years of age, the parent or guardian of the applicant shall be a resident pursuant to RSA 207:1, XXIII.

II. [Notwithstanding the provisions of paragraph I, presentation of a valid New Hampshire driver's license in lieu of the receipt or certificates required under paragraph I shall be sufficient to permit the issuance of the licenses referred to in this section.

III.] Any person who is no longer a legal resident of the state but still retains a valid New Hampshire driver's license, shall be guilty of a misdemeanor if said person endeavors to obtain a resident fishing or hunting license based on this driver's license.

112:6 Penalty for False Statements; Resident Tax Receipt Removed. Amend RSA 214:12 to read as follows:

214:12 Penalty for False Receipt or Certificate and for False Statements. [Whoever files a false receipt or certificate relative to the payment of a resident tax as herein provided shall be guilty of a violation and his license may be revoked for a period not exceeding 3 months.] Whoever makes any [other] false statement for the purpose of procuring a license shall be guilty of a violation and the person's license may be revoked for a period not exceeding 3 months. All fines collected for violation of the provisions of this section [relating to false receipts or certificates or false statements concerning the payment of resident taxes] shall be deposited in the fish and game fund.

112:7 Off Highway Recreational Vehicles; Definition of Resident. Amend RSA 215-A:1, XII to read as follows:

XII. "Resident" means a citizen of the United States who has lived and made his or her home continuously within the state not less than 6 months [next and has paid his current resident tax] prior to his or her application for registration of an OHRV and has not during that period claimed a residence in any other state for any purpose.

112:8 OHRV Registration; Resident Tax Reference Removed. Amend the introductory paragraph of RSA 215-A:23, I to read as follows:

I. Individual resident registration- $42 for each 2-wheeled trail bike registration, $75 for each snow traveling vehicle registration, or $51 for each other OHRV registration upon presentation of a [resident tax receipt, or a] valid driver's license issued to a New Hampshire resident 18 years of age or older. An individual resident registering a snow traveling vehicle who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association shall pay $45 for each snow traveling vehicle.

112:9 OHRV Registration; Resident Tax Reference Removed. Amend the introductory paragraph of RSA 215-A:23, II to read as follows:

II. Resident antique snow traveling vehicle permanent registration- $35 for each registration upon presentation of [resident tax receipt or] a valid New Hampshire driver's license issued to a person 18 years of age or older. From each fee collected pursuant to this paragraph:

112:10 OHRV Registration; Resident Tax Reference Removed. Amend the introductory paragraph of RSA 215-A:23, II-a to read as follows:

II-a. Resident antique all terrain vehicle permanent registration- $35 for each registration upon presentation of [resident tax receipt or] a valid New Hampshire driver's license issued to a person 18 years of age or older. From each fee collected pursuant to this paragraph:

112:11 OHRV Registration; Resident Tax Reference Removed. Amend the introductory paragraph of RSA 215-A:23, II-b to read as follows:

II-b. Resident antique trail bike permanent registration- $35 for each registration upon presentation of [resident tax receipt or] a valid New Hampshire driver's license issued to a person 18 years of age or older. From each fee collected pursuant to this paragraph:

112:12 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 6, 2003)

(Effective Date: August 5, 2003)