reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:14-a - Provision for Federal Identification Database Prohibited.

260:14-a Provision for Federal Identification Database Prohibited. –
I. Except as provided in this section, the department shall not provide, directly or indirectly, a complete, or substantially complete or mirrored, extract of motor vehicle records, or a significant portion thereof, that contain personally identifiable information from any file or database to the federal or any state government or to any agent or agency of, or contractor engaged by, the federal or any state governments.
II. Notwithstanding any law to the contrary, the department is authorized to participate in the National Driver Register (NDR) and Problem Driver Pointer System (PDPS), to achieve the state's compliance with the provisions of the National Driver Register Act of 1982, as amended, and its implementing regulations, and to facilitate the state's compliance with the provisions of the driver license compact authorized by RSA 263:77.
III. Notwithstanding any law to the contrary, the department is authorized to participate in the Commercial Driver's License Information System (CDLIS), to achieve the state's compliance with the provisions of the Federal Commercial Motor Vehicle Safety Act 1986, as amended, and its implementing regulations.
IV. Notwithstanding any law to the contrary, the department is authorized to participate in the National Law Enforcement Telecommunications System (NLETS).
V. Notwithstanding any law to the contrary, the department is authorized to participate in the National Motor Vehicle Title Information System (NMVTIS), to achieve the state's compliance with the provisions of the Federal Anti Car Theft Act of 1992, as amended, and its implementing regulations.
VI. Notwithstanding any law to the contrary, the department is authorized to participate in the state to state (S2S) driver information program.
VII. Notwithstanding any law to the contrary, the department is authorized to participate in the driver license data verification (DLDV) program.
VIII. Notwithstanding any law to the contrary, the department may provide driver history records to a federal entity for uses authorized in RSA 260:14, IV, RSA 260:14, IV-a, and RSA 260:14, V.
Source.
2013, 135:1, eff. June 27, 2013. 2016, 71:15, eff. May 10, 2016. 2020, 33:15, eff. July 24, 2020. 2023, 79:127, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:15 - Copies of Certificates and Motor Vehicle Records.

260:15 Copies of Certificates and Motor Vehicle Records. –
I. The department may issue a certified copy of any certificate of registration, or of any license to drive motor vehicles which may have been lost or mutilated, upon the written request of the person entitled thereto and the payment of the prescribed fee, and such certified copy shall have the same force and effect as the original.
II. The department may issue a copy of any motor vehicle record upon the request of an insurance company or any other authorized agent, and notwithstanding RSA 91-A shall require payment by the insurance company or authorized agent of a fee of $17, which shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
Source.
1921, 119:23. PL 99:7. RL 115:7. RSA 259:11. 1981, 146:1. 1991, 262:3. 2001, 91:7. 2003, 248:2. 2009, 144:14, eff. July 1, 2009. 2019, 346:212, eff. July 1, 2019. 2023, 79:126, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:16 - Appropriation.

260:16 Appropriation. –
The department may destroy, at the end of 5 years from the date of filing, originals or copies, including photographs, microphotographs, or photographic film, of reports required by law of accidents and applications for licenses to drive motor vehicles and for the registration thereof. The department may destroy any obsolete number plates and forms which, in the director's opinion, are no longer of any value to the state. The time limit provided herein shall not apply in the case of the destruction of original records, papers, or documents as provided in RSA 260:19. This section shall not be construed as allowing the destruction of any record of conviction maintained for the purposes of RSA 265-A:2, I.
Source.
1919, 12:1. 1925, 49:1. PL 99:8. 1929, 55:2. RL 115:8. 1947, 15:2. RSA 259:12. 1981, 146:1; 479:16. 2006, 260:16, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:17 - Records; Reproduction.

260:17 Records;  Reproduction. –
I. The department may cause any or all records, papers or documents kept by it, including those under RSA 260:16, to be photographed, microphotographed, recorded on film or retained on computer data files. The method used shall provide a reasonable degree of durability, and the device used for reproduction of such records shall be one which makes an accurate reproduction.
II. Any provision of this title which requires or appears to require the department or any of its divisions, bureaus, or officials to obtain any information, document or record in written or hardcopy form may be satisfied, at the option of the department, by obtaining the information, document or record by electronic transfer.
Source.
1947, 15:1. RSA 259:13. 1981, 146:1. 1985, 213:7. 1990, 79:13, eff. June 9, 1990.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:18 - Film to be Deemed Original Record.

260:18 Film to be Deemed Original Record. –
Such photographs, microphotographs or photographic film shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A copy thereof, duly attested and certified by the director or his designee shall, for all purposes, be deemed to be a copy of the original.
Source.
1947, 15:1. RSA 259:14. 1981, 146:1, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:19 - Destruction of Original Records.

260:19 Destruction of Original Records. –
Whenever such photographs, microphotographs or reproductions on film shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the director shall have the power to authorize the destruction of the original records, papers or documents.
Source.
1947, 15:1. RSA 259:15. 1981, 146:1, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:20 - Motor Vehicle Law to be Printed.

260:20 Motor Vehicle Law to be Printed. –
The department shall cause this title and the rules hereunder to be printed in pamphlet form for distribution.
Source.
1921, 119:27. PL 99:9. RL 115:9. RSA 259:16. 1981, 146:1, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:21-a - Public Law 109-13 Compliant Identification Card.

260:21-a Public Law 109-13 Compliant Identification Card. –
I. The department shall upon application issue a nondriver's picture identification card that complies with Public Law 109-13 to any resident who:
(a) Meets the requirements of RSA 260:21, I and II.
(b) Does not hold any other driver's license or nondriver's picture identification card.
(c) Agrees to have his or her facial image, signature, and social security number retained by the department.
(d) Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency.
II. The identification card shall bear the name, address, date of birth, gender indicated as "M" for "male," "F" for "female," or "X" for "other," veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant.
III. The identification card shall be valid for 5 years from the date of issuance.
IV. The fee for such card shall be $10 and is not refundable.
V. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a misdemeanor.
VI. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.
VII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.
VIII. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.
IX. The director shall keep a record of the cards issued, and each card shall contain a random identification number specifically assigned to the person to whom the card was issued.
Source.
2016, 71:8, eff. May 10, 2016. 2019, 205:2, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:21-b - Enhanced Identification Card.

260:21-b Enhanced Identification Card. –
I. The department shall upon application issue an enhanced nondriver's picture identification card that complies with the standards of the Western Hemisphere Travel Initiative regarding proof of identity and citizenship for persons entering the United States at land and sea ports, to any resident who:
(a) Meets the requirements of RSA 260:21, I and II.
(b) Does not hold any other driver's license or nondriver's picture identification card.
(c) Agrees to have his or her facial image, signature, and social security number retained by the department.
(d) Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency.
II. The identification card shall bear the name, address, date of birth, gender indicated as "M" for "male," "F" for "female," or "X" for "other," veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant.
III. The identification card shall be valid for 5 years from the date of issuance.
IV. The fee for such card shall be $50 and is not refundable.
V. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a felony.
VI. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.
VII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.
VIII. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.
IX. The director shall keep a record of the cards issued, and each card shall contain a random identification number specifically assigned to the person to whom the card was issued.
Source.
2016, 71:8, eff. May 10, 2016. 2019, 205:3, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:22 - Disposition of Fees; Reimbursement to the Highway Fund.

260:22 Disposition of Fees;  Reimbursement to the Highway Fund. –
The necessary expenses incurred under RSA 260:21 shall be a charge against the operating budget of the department of safety, division of motor vehicles, motor vehicle and driver safety, driver licensing. Pursuant to RSA 260:21, 50 percent of all fees collected shall be credited to the department to reimburse operating expenditures and are hereby appropriated for that purpose. Fifty percent of all fees collected shall be credited as unrestricted revenue to the highway fund. Upon prior approval of governor and council, transfers may be made from nondriver's picture identification card unrestricted revenue for other related expenditures, but in no event shall the cumulative annual transfers exceed 50 percent of all fees collected.
Source.
RSA 259:22. 1977, 194:1. 1979, 469:5. 1981, 146:1. 1986, 128:11. 1989, 72:2, eff. Jan. 1, 1990. 2021, 204:2, Pt. IV, Sec. 3, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:23 - Disposition of Receipts.

260:23 Disposition of Receipts. –
All fees, fines and forfeitures received by any person under the provisions of any laws of the state relative to the use and driving of vehicles shall be paid to the department within 14 days after the receipt thereof; and all moneys received by the department shall be paid monthly to the state treasurer.
Source.
1911, 133:27. 1919, 161:7. 1921, 119:26. PL 102:28. RL 118:30. 1945, 65:1. 1949, 94:1. 1951, 163:15; 245:9. RSA 262:35. 1957, 110:1. 1967, 182:3. 1981, 146:1. 1983, 383:16, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:24 - Bureau Established.

260:24 Bureau Established. –
There is hereby established in the division a bureau of certificate of title which under the direction of the director shall carry out the work and purposes of the certificate of title and anti-theft provisions of this title.
Source.
RSA 269-A:45. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:25 - Staff of Bureau.

260:25 Staff of Bureau. –
The director may employ such assistants as are necessary to carry out the functions of the bureau of certificate of title.
Source.
RSA 269-A:46. 1967, 357:1. 1977, 431:1. 1981, 146:1, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:26 - Repealed by 1981, 538:11, IX, eff. Jan. 1, 1982 at 12:02 a.m.

260:26 Repealed by 1981, 538:11, IX, eff. Jan. 1, 1982 at 12:02 a.m. –
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:27 - Repealed by 1981, 538:11, X, eff. Jan. 1, 1982 at 12:02 a.m.

260:27 Repealed by 1981, 538:11, X, eff. Jan. 1, 1982 at 12:02 a.m. –
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:28 - Repealed by 1981, 538:11, XI, eff. Jan. 1, 1982 at 12:02 a.m.

260:28 Repealed by 1981, 538:11, XI, eff. Jan. 1, 1982 at 12:02 a.m. –
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:29 - Repealed by 1981, 538:11, XII, eff. Jan. 1, 1982 at 12:02 a.m.

260:29 Repealed by 1981, 538:11, XII, eff. Jan. 1, 1982 at 12:02 a.m. –
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:30 - Short Title.

260:30 Short Title. –
This subdivision shall be known and may be cited as the "Motor Vehicle Road Toll Law."
Source.
1943, 65:1. RSA 265:1. 1981, 146:1, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:31 - Purpose of Subdivision.

260:31 Purpose of Subdivision. –
The purpose of this subdivision is to secure the motor fuel road toll or any other special charges with respect to the sale or consumption of motor fuels, as specified in Part II, Article 6-a of the constitution of New Hampshire.
Source.
1943, 65:1. RSA 265:3. 1981, 146:1. 1996, 292:9, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:32 - Levy of Tolls and Exemptions.

[Introductory paragraph effective until such time as provided by 2014, 17:6;  see also introductory paragraph set out below.][Introductory paragraph effective as provided by 2014, 17:6;  see also introductory paragraph set out above.]
260:32 Levy of Tolls and Exemptions. –
There is hereby imposed a road toll of $.18 per gallon upon the sale of each gallon of motor fuel sold by distributors thereof, as adjusted according to RSA 260:32-a. The road toll shall be collected by the distributor from the purchaser and remitted to the state in the manner hereinafter set forth. All revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon shall be nonlapsing and continually appropriated to, and expended exclusively by, the department of transportation in accordance with RSA 260:32-b. Provided, that the road toll shall not apply to:
There is hereby imposed a road toll of $.18 per gallon upon the sale of each gallon of motor fuel sold by distributors thereof. The road toll shall be collected by the distributor from the purchaser and remitted to the state in the manner hereinafter set forth. Provided, that the road toll shall not apply to:
I. Sales to the United States government for use of the armed forces only.
II. Sales between duly licensed distributors;
III. Sale of motor fuel exported from the state;
IV. Bulk sales from distributors to the state of New Hampshire or its agencies; or
V. Sales from distributors to any city, town, county, school district, or village district.
VI. [Repealed.]
Source.
1943, 65:1. 1951, 83:2. RSA 265:4. 1966, 1:1. 1971, 504:1. 1979, 358:8, II. 1981, 146:1; 321:2, 18. 1987, 179:2. 1988, 64:10. 1990, 10:2; 62:21. 1991, 249:3. 1996, 292:10. 2001, 73:8. 2004, 194:2, eff. July 1, 2004. 2014, 17:1, eff. July 1, 2014; 17:2, eff. as provided by 17:6. 2016, 189:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:32-a - Adjustment of Road Toll; Publication.

[RSA 260:32-a repealed by 2014, 17:5, I, effective as provided by 2014, 17:6.]
260:32-a Adjustment of Road Toll;  Publication. –
The rate for the levy of the road toll under RSA 260:32 shall be adjusted as follows:
I. The rate for the levy of the road toll under RSA 260:30 shall be adjusted, effective July 1, 2014, by multiplying the effective rate during the prior 12-month period by a fraction, the numerator being the annual average CPI for the year 2013 and the denominator being the annual average CPI for the year 2003.
II. The road toll adjustment required in paragraph I shall be calculated by the state treasurer and forwarded to the governor, president of the senate, speaker of the house of representatives, and the commissioner of the department of safety at least 30 days before the effective date of any road toll adjustment. The commissioner of the department of safety shall publish statewide the adjusted road toll rate. The state treasurer shall make the CPI and adjusted road toll calculations to 3 decimal places.
III. In this section, "CPI" means the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, all items, not seasonally adjusted, for the Boston, Brockton, Nashua; MA-NH-ME-CT area.
Source.
2014, 17:3, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:32-b - Expenditure of Certain Road Toll Revenue.

[RSA 260:32-b repealed by 2014, 17:5, II, effective as provided by 2014, 17:6.]
260:32-b Expenditure of Certain Road Toll Revenue. –
I. For the fiscal year ending June 30, 2015, expenditure of revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon, less required "Apportionment A" distributions under RSA 235:23, I on said revenues, shall be made for the following purposes in the following order of priority:
(a) $12,000,000 shall be expended for the district rehabilitation program with said funds to be distributed equally among the 6 state highway districts.
(b) $13,200,000 shall be expended for the district resurfacing program with said funds to be distributed equally among the 6 state highway districts.
(c) All remaining funds shall be for the purpose of state bridge aid for municipal bridges under RSA 234.
II. For the fiscal year ending June 30, 2016, expenditure of revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon, less required "Apportionment A" distributions under RSA 235:23, I on said revenues, shall be made for the following purposes in the following order of priority:
(a) Debt service payments for bonds issued pursuant to RSA 6:13-d.
(b) In addition to sums otherwise appropriated, $6,800,000 for state bridge aid for municipal bridges under RSA 234.
(c) Up to $8,300,000 shall be appropriated to the department of transportation bureau of highway maintenance.
(d) All remaining funds deposited into the highway and bridge betterment account under RSA 235:23-a.
III. For the fiscal year ending June 30, 2017, expenditure of revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon, less required "Apportionment A" distributions under RSA 235:23, I on said revenues, shall be made for the following purposes in the following order of priority:
(a) Debt service payments for bonds issued pursuant to RSA 6:13-d.
(b) In addition to sums otherwise appropriated, $6,800,000 for state bridge aid for municipal bridges under RSA 234.
(c) Up to $8,300,000 shall be appropriated the department of transportation bureau of highway maintenance.
(d) All remaining funds deposited into the highway and bridge betterment account under RSA 235:23-a.
IV. For the fiscal year ending June 30, 2018 and each fiscal year thereafter, expenditure of revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon, less required "Apportionment A" distributions under RSA 235:23, I on said revenues, shall be made for the following purposes in the following order of priority:
(a) Debt service payments for bonds issued pursuant to RSA 6:13-d.
(b) In addition to sums otherwise appropriated, $6,800,000 for state bridge aid for municipal bridges under RSA 234.
(c) All remaining funds deposited into the highway and bridge betterment account under RSA 235:23-a.
Source.
2014, 17:3, eff. July 1, 2014. 2015, 276:210, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:32-c - Levy of Road Toll on Alternative Fuels.

260:32-c Levy of Road Toll on Alternative Fuels. –
There is hereby imposed a road toll on alternative fuels, as defined in RSA 259:3-d and sold by licensed alternative fuel dealers, on the motor fuel equivalent gallon, as defined in RSA 259:58-b, for such alternative fuel at the rate per gallon established in RSA 260:32. The alternative fuel road toll shall be subject to the exemptions provided for by RSA 260:32, I-V and the refund provisions as provided in RSA 260:47, RSA 260:52-b, and RSA 260:52-e.
Source.
2014, 268:3, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:35 - Use of Tolls.

260:35 Use of Tolls. –
The road tolls shall be used initially to pay the interest and principal due on any bonds and notes issued pertaining to highway purposes, and the remainder shall be paid into the highway fund.
Source.
1951, 83:9. RSA 265:6. 1955, 280:4. 1957, 273:2. 1981, 146:1, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:36 - Application for License; Licensing of Distributors.

260:36 Application for License;  Licensing of Distributors. –
It shall be unlawful for any person to sell or use motor fuel upon which the road toll imposed and collected under this subdivision has not been paid, unless the person is the holder of a valid license to engage in business as a distributor of motor fuels. To procure a motor fuel distributor license, an application, signed subject to prosecution for unsworn falsification and accompanied by a bond, shall be filed with the department in such form as the commissioner may prescribe. Once approved, the department shall issue a license certificate valid only for the distributor in whose name issued. The license shall be unassignable and shall remain in full force and effect from the date of issuance through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an annual application renewal form, provided that the distributor is in good standing with the division. Renewals are effective July 1 through June 30. The department shall make available to each distributor, monthly, a list of current licenses issued under this section.
Source.
1923, 75:2. PL 104:1. RL 120:1. 1943, 65:1. 1947, 138:2. RSA 265:8. 1963, 300:3. 1981, 146:1. 1994, 22:2. 1996, 292:11. 2004, 194:3. 2013, 100:1, eff. Aug. 23, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:36-a - Denial of License.

260:36-a Denial of License. –
If an application is filed by any person whose license was previously revoked or suspended for cause or, in the opinion of the department, the application was not filed in good faith, the commissioner shall grant the applicant a hearing, after which the commissioner may issue or refuse to issue the license. The applicant shall have 10 days' notice, by certified mail, of the hearing and shall have the right to appear.
Source.
1996, 292:12, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:36-d - Biodiesel Distributor License.

260:36-d Biodiesel Distributor License. –
I. Any person who refines, distills, prepares, blends, manufactures, or purchases biodiesel on which the road toll has not been paid and who is not a licensed and bonded distributor in accordance with RSA 260:36, shall become licensed with the department.
II. Any licensee that refines, distills, prepares, blends, manufactures, or purchases more than 10,000 gallons of biodiesel in a monthly period shall be required to file with the department a bond in accordance with RSA 260:37.
III. For all non-bonded licensees an annual fee for the license shall be $25.
IV. Each biodiesel distributor licensee shall file a monthly return with the department in accordance with RSA 260:38, I.
V. The license shall be unassignable and shall remain in full force and effect on a fiscal year basis from July 1 through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an application renewal form, provided that the distributor is in good standing with the division. The department shall furnish each licensee, monthly, a list of current licenses issued under this section.
VI. Any person who shall use any biodiesel or biodiesel blend, upon which the road toll has been paid to the state of New Hampshire, shall be entitled to a refund to the extent of the amount paid, if the biodiesel or biodiesel blend was used in any other way than generating power in an internal combustion engine while traveling on the ways, except that no refunds on biodiesel or biodiesel blends shall be paid on biodiesel or biodiesel blends used while idling a registered motor vehicle. All refunds shall be subject to the same conditions as set forth in RSA 260:47.
Source.
2008, 381:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:36-e - Application for License as an Alternative Fuel Dealer.

260:36-e Application for License as an Alternative Fuel Dealer. –
I. It shall be unlawful for any person to sell or use alternative fuel upon which the road toll imposed and collected under this subdivision has not been paid, unless the person is the holder of a valid license to engage in business as a dealer of alternative fuels. To procure an alternative fuel dealer license, an application, signed subject to prosecution for unsworn falsification and accompanied by a bond, shall be filed with the department in such form as the commissioner may prescribe. Once approved, the department shall issue a license certificate valid only for the dealer in whose name issued. The license shall be unassignable and shall remain in full force and effect from the date of issuance through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an annual application renewal form, provided that the dealer is in good standing with the division. Renewals are effective July 1 through June 30.
II. A person who has facilities for placing alternative fuel into the supply system of an internal combustion engine fueled by individual portable containers of 10 gallons or less is not required to be licensed as an alternative fuel dealer, provided that the fuel is only used for exempt purposes.
III. Any person who acts as an alternative fuel dealer and who does not hold a valid license issued under paragraph I shall pay a penalty of $500 for each month of operation without a license or a penalty of 10 percent of the tax assessed on the total purchases made during the unlicensed period, whichever is greater. This penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
IV. When an alternative fuel dealer license application is filed by a person whose previous license was canceled for cause by the department, or the department believes that such application was not filed in good faith, or is filed by another person as a subterfuge for the actual person in interest whose previous license has been canceled, the department may, if evidence warrants, refuse to issue a license for such an application.
V. An alternative fuel dealer shall:
(a) Collect and remit road tolls as provided in this subdivision.
(b) File in the same manner as a distributor in accordance with RSA 260:38.
(c) Be subject to the same penalty for failure to report or pay road toll in accordance with RSA 260:40.
Source.
2014, 268:4, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:37 - Bond Required of Licensed Distributor.

260:37 Bond Required of Licensed Distributor. –
I. (a) Every distributor shall file with the department a bond:
(1) In an amount equal to approximately 2 times the monthly road toll liability of the distributor, but not less than $10,000, on a form to be approved by the commissioner;
(2) With a surety company authorized to engage in business with the state as surety thereon;
(3) Upon which such distributor shall be the principal obligor and the state of New Hampshire shall be the obligee;
(4) Conditioned upon the prompt filing of true reports and the payment by the distributor of all motor vehicle road tolls which are imposed and which are to be collected under this subdivision, together with all penalties and interests thereon, and generally upon faithful compliance with the provisions of this subdivision.
(b) Changes in the monthly road toll liability level shall also require the bond amount to be adjusted so as to comply with this section.
(c) Annually, or sooner, the department shall review the distributor's average liability based on the prior 6 months' road toll returns and, if applicable, notify the distributor of the required adjustment in the level of the bond. Failure to comply with the adjustment or to maintain the bond at the required level shall result in the cancellation of the license.
II. Any surety on any bond furnished by any distributor as above provided shall be released and discharged from any and all liability accruing on the bond after the expiration of 60 days from the date upon which such surety shall have filed with the commissioner a written request to be released and discharged.
III. In lieu of furnishing a bond executed by a surety company, a distributor may deposit with the state treasurer cash or obligations of the United States or obligations of any federal agency fully guaranteed by the United States or bonds of the state of New Hampshire to the amount of the bond required by this section.
Source.
1931, 159:1. RL 120:2. 1943, 65:1. RSA 265:9. 1979, 358:8, III. 1981, 146:1. 1985, 236:8. 1987, 179:3. 1994, 22:2. 1996, 292:13. 2001, 73:1. 2008, 165:1. 2012, 172:3, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:37-a - Licensed Distributors Exempt from Bond Requirement.

260:37-a Licensed Distributors Exempt from Bond Requirement. –
I. A distributor may request a release or reduction of the bond required pursuant to RSA 260:37 if the distributor has complied with all licensing, reporting, and payment requirements of this chapter for the immediately preceding 3 consecutive years, provided that such distributors first provide audited financial statements for the immediately preceding 3 years and have been licensed as distributors in good standing in New Hampshire for the immediately preceding 5 consecutive years. If the commissioner or his or her designee determines that release or reduction of the bond will not unreasonably jeopardize state revenues, the bond shall be released or reduced.
II. In the event a distributor exempt under paragraph I fails to remain in compliance with this chapter, the commissioner may reimpose the bond requirement under RSA 260:37 if he or she determines that a material change in circumstances has occurred and that state road toll revenue will be unreasonably jeopardized without imposition of the bond. The commissioner shall notify a distributor of the requirement to obtain a new bond under this paragraph in writing, and shall provide the distributor 30 days to secure a new bond.
III. A distributor aggrieved by a decision of the commissioner under paragraph II may appeal the decision pursuant to RSA 260:6.
Source.
2019, 188:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:39 - Power to Suspend, Revoke, or Cancel Licenses; Surrender of Bond.

260:39 Power to Suspend, Revoke, or Cancel Licenses;  Surrender of Bond. –
I. (a) If a distributor fails to maintain an active bond, as required by RSA 260:37, or at any time files a false monthly report, or willfully fails, neglects, or refuses to file the monthly report, or to pay the full amount of the road toll as required by this subdivision, the commissioner or his or her designee, after 10 days' written notice by certified mail directed to the last known address appearing on the files of the department:
(1) Shall revoke or suspend the distributor's license, effective as of the date of the written notice; and
(2) Shall fix a time and place at the department's bureau of hearings, within 10 days of the written notice, where the licensee may appear and show cause why such license should be reinstated. The license shall remain revoked or suspended until a hearing is conducted and a decision is rendered by the hearings examiner.
(b) The written notice shall be presumed to have been served, upon return of the certified receipt signed by the licensee, or 3 days after mailing to the last known address on record of the licensee, whichever comes first.
(c) Any distributor whose license remains suspended or revoked by the commissioner after a hearing may, within 30 days from the date of such decision, appeal to the superior court of Merrimack county.
II. Upon receipt of a written request from any distributor to cancel the license issued to the distributor, the commissioner shall have the power to cancel the license effective 60 days from the date of the receipt of the written request. No license shall be cancelled unless the distributor shall, prior to the date of the cancellation, have paid all road tolls payable, together with all penalties and interest accruing under the provisions of this subdivision and until the distributor shall have surrendered to the commissioner its license certificate. If, upon investigation, the department shall find that any person to whom a license has been issued is no longer engaged in the sale of motor fuel as a distributor, and has not been so engaged for a period of 6 months, the commissioner shall have the power to cancel such license by giving the person 60 days' notice of cancellation mailed to the last known address of the person, in which event the license certificate issued to the person shall be surrendered to the department.
III. In the event that the license of any distributor shall be cancelled by the commissioner as provided, in this section and in the further event that the distributor shall have paid all road tolls due, together with all penalties and interest accruing under any of the provisions of this subdivision, the commissioner shall cancel and surrender the bond, cash, or securities filed by the distributor.
Source.
1943, 65:1. RSA 265:11. 1981, 146:1. 1988, 64:11. 1996, 292:16. 2012, 172:4, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:39-a - Power to Suspend or Revoke Licenses of Distributors Exempt from Bond Requirement.

260:39-a Power to Suspend or Revoke Licenses of Distributors Exempt from Bond Requirement. –
I. If a distributor that has been granted a released or reduced bond pursuant to RSA 260:37-a files a false monthly report or willfully fails, neglects, or refuses to file a monthly report or pay the full amount of the road toll as required by this subdivision, the commissioner or his or her designee may immediately revoke or suspend the distributor's license.
II. The commissioner shall provide written notification of his or her decision to revoke or suspend the distributor's license. Such notification shall provide a date, time, and place at the department's bureau of hearings where the distributor may appear and show cause as to why the license should be reinstated, provided that the license shall remain revoked or suspended until otherwise ordered by a hearings examiner. Such hearing shall be held within 10 days of the date on the notification of suspension or revocation.
III. The written notification of suspension or revocation shall be presumed to have been served if sent to the last known recorded address of the licensee.
IV. Any distributor whose license remains revoked or suspended after a hearing conducted pursuant to paragraph II may appeal the hearing examiner's decision to the superior court of Merrimack County within 30 days of the date of such decision.
Source.
2019, 188:2, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:40 - Penalty for Failure to Report or Pay Tolls Promptly.

260:40 Penalty for Failure to Report or Pay Tolls Promptly. –
I. When any distributor shall fail to file a monthly report with the department at the time fixed in this subdivision, refuse to submit the data required by RSA 260:38, or fail to pay the amount of road tolls due when they shall be payable, a penalty of 10 percent shall be added to the amount of the road tolls due, or if no road toll is due, a penalty of $1 per day shall be assessed. Such penalty shall immediately accrue, and thereafter the overdue road tolls and the penalty shall bear interest as specified in RSA 260:40-a.
II. Any manufacturer of alcohol or any other product used in gasohol who fails to file a return with the commissioner as required by RSA 260:38, III shall be assessed a penalty of $50 for each return not filed. This penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
III. The commissioner is authorized to waive any penalty and interest assessed under this section when it is proved to the commissioner's satisfaction that the failure to file the monthly report or pay the road tolls on time was not willful.
Source.
1923, 75:6. PL 104:8. 1931, 159:4. 1935, 73:9. RL 120:12. 1943, 65:1. RSA 265:12. 1981, 146:1; 321:4, 20. 1988, 64:13. 1996, 292:17. 2001, 73:2, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:41 - May Estimate Motor Fuel; Period of Limitation.

260:41 May Estimate Motor Fuel;  Period of Limitation. –
I. Whenever a distributor shall neglect or refuse to file any report as required or shall file an incorrect or fraudulent report, the commissioner shall determine after an investigation the number of gallons of motor fuel for which the distributor has incurred liability and determine the amount payable by the distributor. The commissioner shall proceed to collect the amount due.
II. In any action or proceeding for the collection of the road toll or any penalties or interest imposed under this subdivision, an assessment by the commissioner shall constitute prima facie evidence of the claim of the state, and the burden of proof shall be upon the licensee to show that the assessment was incorrect and contrary to law.
III. All road tolls due and unpaid under the provisions of this subdivision shall be assessed within 4 years after such tolls become due.
Source.
1943, 65:1. RSA 265:13. 1981, 146:1. 1988, 64:16. 1996, 292:19, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:42-a - Retail Dealer Inspections.

260:42-a Retail Dealer Inspections. –
I. Every retail dealer shall be subject to reasonable inspections during the regular business hours of the retail dealer. Inspections may consist of the review of records of motor fuel and petroleum products, including:
(a) Purchases of product;
(b) Opening and closing inventory readings; and
(c) Pump meter readings.
II. Any person authorized by the department is hereby given the authority, during the usual business hours of the day, to enter any retail dealer's premises for the purpose of making an inspection or investigation as deemed necessary by the department. If the owner or occupant refuses to permit such inspection, the commissioner or the commissioner's authorized officers may apply under oath for a search warrant as provided in RSA 595-B.
Source.
2004, 194:6, eff. July 1, 2004.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:43 - Retention of Records by Distributors, Special Fuel Users, and Transporters.

260:43 Retention of Records by Distributors, Special Fuel Users, and Transporters. –
Each distributor, special fuel user, and transporter shall maintain and keep for a period of 4 years such records of motor fuel and petroleum products sold and distributed or otherwise disposed of within this state, together with invoices, bills of lading, and other pertinent records and papers as may be necessary for the reasonable administration of this subdivision.
Source.
1943, 65:1. RSA 265:15. 1981, 146:1; 321:6, 22. 1988, 64:17. 1996, 292:21. 2001, 73:5, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:43-a - Retention of Records by Retail Dealers.

260:43-a Retention of Records by Retail Dealers. –
I. Each retail dealer shall maintain and keep for a period of 3 years records of motor fuel and petroleum products, including purchases of product, opening and closing inventory readings, and pump meter readings.
II. Any retail dealer who fails to provide or maintain, or who denies access to, records required by this section shall be assessed a penalty of $500. Such penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
III. The commissioner is authorized to waive any civil penalty and interest when it is proved to the commissioner's satisfaction that the failure to maintain records within the time period specified in this section was not willful.
Source.
2004, 194:7. 2008, 165:2, eff. July 1, 2008.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:43-b - Additional Recordkeeping Requirements for Biodiesel Distributors.

260:43-b Additional Recordkeeping Requirements for Biodiesel Distributors. –
In addition to the retention of records pursuant to RSA 260:43, biodiesel distributors shall maintain and keep for a period of 4 years records sufficient to demonstrate that all biodiesel sold within the state meets the applicable ASTM fuel quality standard for biodiesel, D6751. Failure to maintain appropriate records or failure to demonstrate compliance with the applicable ASTM standard may result in loss of license issued pursuant to RSA 260:36 and RSA 260:36-d.
Source.
2008, 381:4, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 260 - Administration of Motor Vehicle Laws › Section 260:44 - Inspection of Records; Hearings.

260:44 Inspection of Records;  Hearings. –
I. The department, or any deputy, employee or agent authorized by it, is hereby given the authority to examine, during the usual business hours of the day, the records required to be preserved under this subdivision; provided, however, that no distributor, user or transporter shall be subjected to unnecessary examinations or investigations.
II. The commissioner shall have the power, in the enforcement of the provisions of this subdivision, to hold hearings, to administer oaths to witnesses, to take the sworn testimony of any person and cause it to be transcribed into writing, and for such purposes shall be authorized to issue subpoenas and subpoenas duces tecum and compel the attendance of witnesses, and shall have the power to conduct such investigations as he may deem necessary; provided, that it shall be unlawful for any person to disclose the information acquired by the department or any of its agents under the provisions of this section, except when used by the state or any officer thereof in any proceeding for the collection of the road toll or any prosecution for violation of any of the provisions of this subdivision, and provided, further, that if any distributor, user or transporter shall refuse access to such records or if any person shall fail or refuse to obey such subpoena or subpoena duces tecum, or shall fail or refuse to testify before the commissioner, then the commissioner may petition the superior court setting forth the circumstances, and the court shall enter such order against such distributor, user, transporter or person on the premises as the enforcement of this subdivision and justice shall require.
Source.
1943, 65:1. RSA 265:16. 1981, 146:1; 321:7, 23. 1990, 62:9. 1994, 22:2, eff. June 21, 1994.