02/20/03 0213s

08may03... 1297h

06/24/03 2213cofc

06/30/03 2292eba

2003 SESSION

03-1153

03/10

SENATE BILL 44

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Establishes additional penalties for dealers, utility dealers, auto recycling dealers, transporters, and repairers who violate RSA 261 and orders made pursuant to RSA 261.

II. Deletes the limitation on the number of sets of special number plates for certain veterans that may be issued to an individual.

III. Requires the department of transportation to study the Conway Branch railroad line.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/20/03 0213s

08may03... 1297h

06/24/03 2213cofc

03-1153

03/10

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:

298:1 Rulemaking; Suspension of Registrations, Licenses, and Privileges. Amend RSA 21-P:14, III(hh) to read as follows:

(hh) Suspension of registrations, licenses, and privileges, as authorized by RSA 261:177 and 261:178.

298:2 Penalties; Dealers, Utility Dealers, Auto Recycling Dealers, Transporters, and Repairers. Amend RSA 261:177 to read as follows:

261:177 Penalties; Dealers, Utility Dealers, Auto Recycling Dealers, Transporters, and Repairers.

I. Upon any evidence of misuse of registration or any violation of the provisions of this chapter or any rules authorized by law the director may:

(a) Suspend or revoke any dealer's, utility dealer's, automotive recycling dealer's, transporter's, or repairer's registration, license, or privileges; or

(b) Impose an administrative fine upon any dealer, utility dealer, automotive recycling dealer, transporter, or repairer. The maximum amounts of the fines which may be assessed shall be as follows:

(1) For the first violation, $250.

(2) For the second violation, $500.

(3) For the third violation, $750.

(4) For the fourth violation, $1,000.

(5) For 5 or more violations, $2,000.

(c) No fine, or suspension or revocation of a dealer's, utility dealer's, automotive recycling dealer's, transporter's, or repairer's registration, license, or privileges shall take effect unless approved by the commissioner. The commissioner shall have the authority to modify the amount of the fine assessed or the suspension or revocation of registration, license, or privileges imposed.

II. Whenever a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has a license or plates or license and plates revoked or suspended for a period of greater than 15 days, a fee of $50 shall be paid for the restoration of such license or plates or license and plates.

III. Upon a finding by the director that any dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of an order of the commissioner issued pursuant to this section, the director may impose an administrative fine of up to $1,000 for each day that the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of the order.

IV. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who violates any of the provisions of this chapter or fails to comply with any order of the director pursuant to this chapter shall be guilty of a violation.

V. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who knowingly makes a false or misleading statement in any application or form required by the director pursuant to this chapter, with the purpose of obtaining any registration, license, or privilege, shall be guilty of a misdemeanor.

298:3 Special Number Plates for Certain Veterans; Limitation Deleted. 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.]

298:4 Conway Branch Railroad Study; Department of Transportation. The department of transportation shall study the cost and feasibility of reactivating the Conway Branch railroad line between Ossipee and Conway. The department may consult with the affected railroads, the regional planning agencies, potential shippers and other interested parties. The department shall make a report to the president of the senate and the speaker of the house of representatives on the results of this study on or before June 30, 2004.

298:5 Effective Date. This act shall take effect January 1, 2004.

(Approved: July 18, 2003)

(Effective Date: January 1, 2004)