HB 224 - AS AMENDED BY THE SENATE
9Apr2021... 0446h
05/27/2021 1782s
2021 SESSION
21-0230
11/05
HOUSE BILL 224
SPONSORS: Rep. Yokela, Rock. 33; Rep. Yakubovich, Merr. 24; Rep. Abramson, Rock. 37; Rep. Hill, Merr. 3; Rep. O'Hara, Belk. 9; Rep. Belanger, Rock. 9
COMMITTEE: Transportation
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AMENDED ANALYSIS
This bill allows for after market tinting of side windows, clarifies civil liability applicable to obstruction or injury to highways, and clarifies the circumstances under which employers may access motor vehicle records.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Apr2021... 0446h
05/27/2021 1782s 21-0230
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Rules of the Road; Special Rules; Tinted Windows. Amend RSA 265:95, III(a) to read as follows:
(a) Except as permitted by subparagraph (b), no person shall drive upon any way any vehicle with any sign, poster, sticker, or other nontransparent material upon or adjacent to the front windshield, side wings, or side or rear windows of such vehicle which shall obstruct the driver's clear view of the way or any intersecting way, unless authorized by the director so to do. No person shall drive upon any way any vehicle with after market tinting on the windshield [or on the windows to the left and right of the driver], as prohibited under RSA 266:58-a.
2 Equipment of Vehicles; Tinted Glass. Amend RSA 266:58-a, I-III-a to read as follows:
I. It shall be unlawful to sell or inspect any motor vehicle in this state which has after market tinting on the windshield [or on the windows to the left and right of the driver].
II. It shall be unlawful to install after market tinting on the windshield [or on the windows to the left and right of the driver] on any motor vehicle which is registered in this state.
III. It shall be unlawful to drive on any way any motor vehicle registered in this state which has after market tinting on the windshield [or on the windows to the left and right of the driver]. Where after market tinting is applied to windows to the rear of the driver, outside rear view mirrors shall be required on both the left and right side of the vehicle for the use of the driver and a front seat passenger. The light transmittance of after-market tinted windows to the left and right of the driver where they are allowed shall not be less than 70 percent, and the light transmittance of after-market tinted rear windows where they are allowed shall not be less than 35 percent, except that the light transmittance of after market tinted rear windows of multipurpose passenger vehicles, as defined in 49 C.F.R. section 571.3 and pickup trucks may be such percentage as is allowed by 49 C.F.R. section 571.205 with respect to pre-market tinted rear windows.
III-a. Persons who require for medical reasons after market tinting on the windshield [or on the windows to the left and right of the driver] may apply for a special permit pursuant to RSA 266:61-a, IX.
3 Equipment of Vehicles; Equipment Waiver for Disabled. Amend RSA 266:61-a, IX to read as follows:
IX. The commissioner may waive the requirements of RSA 266:58-a and issue a special permit to a person who for bona fide medical reasons requires after market tinting on the windshield [or on the windows to the left and right of the driver] and who applies for such permit. Such waiver shall be granted in accordance with this section and shall only authorize the use of after market tinted windows with a light transmittance of not less than 35 percent. In reviewing the application for a permit under this paragraph, the commissioner may seek the advice and recommendation of a medical review board designated by him or her for such purpose.
4 Liability for Obstruction or Injury to Highway; Civil Liability. Amend RSA 236:39 to read as follows:
236:39 Civil Liability.
I. If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway which renders it unsuitable for public travel, he or she shall be strictly liable to the state for all damages to the highway, including full and current replacement costs of protective barriers, and any structure or device that is part of the highway or turnpike system, when maintained by the state, or to the municipality for all damages to a highway, including full and current replacement costs of protective barriers and any structure or device that is part of the highway, when maintained by the municipality, and for all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insufficiency, or want of repair as established through an appropriate contribution claim or under the rules of joint and several liability.
II. "Full and current replacement cost” as used in this section means actual or reasonable estimates of labor, including contracted labor; material, equipment, and overhead. Such costs shall not be reduced for depreciation.
5 New Paragraph; Motor Vehicle Records; Employer Access. Amend RSA 260:14 by inserting after paragraph IV the following new paragraph:
IV-a.(a) Except for a person's photograph, computerized image, and social security number, motor vehicle records and at least monthly electronic bulk files indicating changes in driving violations and driver license status shall be made available upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the records will be strictly limited to one or both of the following described uses:
(1) For use by an entity that employs drivers in the course of their business, or an authorized agent of such an entity, which requires a motor vehicle record or a monthly notification of changes to motor vehicle records in connection with pre-employment or continued employment screening of employees for driver safety reasons; or
(2) For use with respect to requests as to whether a driver meets the requirements of RSA 376-A:12.
(b) No motor vehicle records made available under this paragraph shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person, except that an authorized agent may make such records available to any principal on whose behalf the records were sought if the name of that principal was provided to the department at the time the records were sought.
(c) Any person who makes a request under this paragraph shall have first obtained the written consent of the person whose records are being requested. The written consent shall be retained for a period of 3 years and shall be made available upon request to the division for inspection. Motor vehicle records obtained under this paragraph shall not be subject to the notarization requirements of RSA 260:14, VII.
I. Sections 1-4 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.