SB 374 – AS AMENDED BY THE HOUSE
14May2014… 1694h
2014 SESSION
03/08
SENATE BILL 374
AN ACT relative to defining residence and establishing a commission to review and make recommendations to clarify the residency requirements to register a motor vehicle in New Hampshire.
SPONSORS: Sen. Prescott, Dist 23; Sen. Carson, Dist 14
COMMITTEE: Public and Municipal Affairs
This bill deletes inhabitant from the definition of resident for purposes of statutory construction. This bill also establishes a commission to review and make recommendations to clarify the residency requirements to register a motor vehicle in New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14May2014… 1694h
14-2791
03/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to defining residence and establishing a commission to review and make recommendations to clarify the residency requirements to register a motor vehicle in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statutory Construction; Resident; Residence. Amend RSA 21:6 and RSA 21:6-a to read as follows:
21:6 Resident[; Inhabitant]. A resident [or inhabitant or both] of this state and of any city, town, or other political subdivision of this state shall be a person who [is domiciled or] has a place of abode [or both in this state and] in any city, town, or other political subdivision of this state, and who has, through all of his or her actions, demonstrated a current intent to designate that place of abode as his or her principal place of physical presence for the indefinite future to the exclusion of all others.
21:6-a Residence. Residence or residency shall mean a person’s place of abode [or domicile]. The place of abode [or domicile] is that designated by a person as his or her principal place of physical presence for the indefinite future to the exclusion of all others. Such residence or residency shall not be interrupted or lost by a temporary absence from it, if there is an intent to return to such residence or residency as the principal place of physical presence.
2 New Chapter; Commission to Review and Make Recommendations to Clarify the Residency Requirements to Register a Motor Vehicle in New Hampshire. Amend RSA by inserting after chapter 19-N the following new chapter:
CHAPTER 19-O
COMMISSION TO REVIEW AND MAKE RECOMMENDATIONS TO CLARIFY
THE RESIDENCY REQUIREMENTS
TO REGISTER A MOTOR VEHICLE IN NEW HAMPSHIRE
19-O:1 Commission to Review and Make Recommendations to Clarify the Residency Requirements to Register a Motor Vehicle in New Hampshire.
I. There is established a commission to review and make recommendations to clarify the residency requirements to register a motor vehicle in New Hampshire.
II. The members of the commission shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) One member of the senate, appointed by the minority leader of the senate.
(c) One member of the house of representatives, appointed by the speaker of the house of representatives.
(d) One member of the house of representatives, appointed by the minority leader of the house of representatives.
(e) The director of the division of motor vehicles, department of safety, or designee.
(f) A city clerk or designee appointed by the New Hampshire City and Town Clerks’ Association.
(g) A town clerk appointed by the New Hampshire City and Town Clerks’ Association
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The commission shall review the various references to resident and residency in state statutes relating to motor vehicles and make recommendations on changes needed to make the rules and regulations easier to understand and interpret for the benefit of the public and public officials.
V. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member appointed by the president of the senate. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislative action in the 2015 session to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 30, 2014.
3 Repeal. RSA 19-O, relative to the commission to review and make recommendations to clarify the residency requirements to register a motor vehicle in New Hampshire, is repealed.
4 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. Section 3 of this act shall take effect November 30, 2014.
III. The remainder of this act shall take effect upon its passage.