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shawnloring

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  1. Senate Bill 1588

    Hi All, Sorry. I've been travelling and am just getting back to this thread. My understanding is that RickW has it correct. SB1588 passed in the Senate. It was sent to the House. But, it was not voted on, before the session ended.
  2. Senate Bill 1588

    Here is an update to this bill. It passed in the Senate, as we know. And, it seems to be moving through the House undaunted. http://www.legis.state.tx.us/BillLookup/Actions.aspx?LegSess=85R&Bill=SB1588 It has a good way to go still.
  3. Texas vehicle Inspections to end?

    Hi All, It has been a while since I've posted an update to this topic. As Kirk noted, SB 1588 passed the Senate vote, last week. The Texas House of Representatives still needs to vote on this, and the Governor must sign the bill, before it becomes a law. However, if it does pass all of those stages, it appears it will be a good thing for RVers--eliminating the vehicle inspection requirement for some vehicles. There is still the lingering question, in my mind, as to how this will impact (if at all) non-commercial vehicles driven under a CDL. The inspection requirement appears to still apply to commercial vehicles. Also, it is important to note that we are also tracking a companion bill filed in the House--HB 3995. More updates as I have them. Hugs, Shawn
  4. Senate Bill 1588

    And, that was my understanding too. (Although I cannot quote chapter and verse of a particular law, at this moment.) It seems like an honor system approach to the inspections. If I recall correctly, and correct me if I am wrong, you make an attestation (during the registration process) that you are out of the state and cannot get inspected. And, then you must get inspected "immediately" upon returning to the state--which probably means as quickly as is reasonable. And, if you are caught by law enforcement without the inspection, then it becomes a can of worms. Does that comport with the group's understanding?
  5. Senate Bill 1588

    Hi All, I am writing with an update to the issue of whether the proposed bill (SB 1588) removes the inspection requirement for vehicles, but retains the emissions check requirement. I called Senator Huffines, one of the authors of the bill and a member of the Natural Resources and Economic Development committee for comment. When I know more, I'll post again. Please note that there was another bill recently filed in House, on the same topic--http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=HB3995. I'll contact Rep. Simmons, the author of HB 3995, also for comment. Again, thank you all for your watchful eyes.
  6. Senate Bill 1588

    Hi All, I came across this thread, and as Advocacy Director for Escapees, I felt compelled to respond. First, thank you all for your vigilance and caring. Advocacy is a responsibility we all share. I appreciate the help, more than you know. Second, I read Texas SB 1588 multiple times and cross-referenced it with the existing legislation, cited in the proposed bill. Perhaps I am missing something; and, it is entirely possible that I am. But, I do not see where this legislation removes the inspection requirement for RVers. The closest that the bill comes to affecting RVers is by altering the inspection requirement for commercial vehicles. But, again, that does not seem to affect our community as very few of us operate our RVs for commercial purposes. Please help me understand with more specificity your reading of the legislation. Again, thank you all for your efforts.
  7. Hi All, My name is Shawn Loring; I am the attorney in question. Please know that it the policy at both of my companies is that we acknowledge all contacts within one business of receiving that contact. In addition, that response will come from a person, not an automated system. 5thwheelgypsy, I am truly sorry for the multiple contacts you had to make. I will investigate, tomorrow, why you were not contacted sooner. Currently, I am booking phone appointments about 3-4 weeks into the future. I really try to give everyone personal attention, answering all of their questions. This takes a lot time. To shorten the lag time, and to answer the most commonly asked domicile questions, I am in the process of writing an expansive domicile guide, in the evenings and on weekends. This will appear free on my website. In addition, I am in the process of hiring, at least one, additional attorney to help render personalized advice. Earl wrote, "I don't know anything about the Escapees attorney, but I doubt you are going to hear from any attorney by email. I don't know any attorney that is going to give you advice unless you contact him/her personally and pay him/her for the services rendered." While many attorneys charge for every moment you spend with them; I do not. I have a long history with the Escapees club. I became a member 13 years ago; and, I attended many Escapades prior to joining. As you all probably know, the Escapees is unlike other groups. We are a family. The unofficial mantra of the club is that "SKPs take care of SKPs." I take that very seriously. I do not charge for my educational consultations. I close all of those discussions the same way: I tell people that if they have additional questions (and they almost always do) that they may call me and I will continue the conversation free of charge. However, I do give a shameless plug for Escapees CARE in all of those conversations--calling for volunteers or donations. I raise these points not for self-promotion. Rather, I inform you of my process to give some context to why I am so busy. It appears when an attorney is giving free information, people will seek that information in droves. 5thwheelgypsy, I will attempt to answer some of your questions here so that you can make a decision about the purchase of your truck. Please know that while some may find establishing a new domicile an easy process, there are nuances and complexities between the states that one should understand. I agree with Jim2's assessment. There are many details of your circumstances that are missing from this discussion. It is impossible to render tailored advice without more, personal, information. Therefore, I will give you a generic response (meant for educational purposes only.) I sense that you have two concerns: payment of sales tax; and, avoiding domicile issues. I encourage you to discuss the payment of sales tax with your tax professional. However, some, if not most, states will tax the purchases made by their citizens even if those purchases are made out-of-state. If you are trying to trying to take advantage of South Dakota's sales/use tax, then you may have to become a domiciliary of South Dakota prior to purchasing that truck. Again, your tax professional will be better able to advice you as to your personal tax liability. Regarding avoiding domicile issues, it is important to note there is not one universally accepted definition of domicile. However, laws and court opinions, commonly articulate that domicile as where one “intends” to permanently return. “Intends” is offset in quotes to draw attention to the notion that your intentions may be ambiguous and that your intentions may change over time. A court tasked with parsing-out a your intentions would have great latitude and discretion to examine almost any factors and circumstances connected with the manner in which your living your lifestyle. The court will then determine your intention to domicile in a particular state and county. I prefer to frame domicile as a county-level or community-level issue. Many forums discussions and articles frame domicile as a state-level issue. While many factors RVers tend to use to evidence their domicile elections are state-level connections, some factors (e.g. voter registration) connect the RVer with a county. As well-stated by others in this thread, one remains a domiciliary of one state and county until they take measures to affirmatively connect with another state and/or county. While it is important to affirmatively connect with your new state and county, it is also important to disconnect from your old state of domicile. For example, I am aware of one couple who "connected" with South Dakota but spent a substantial amount of time in their "old" state of domicile interacting with professionals and visiting relatives. The "old" state of domicile is current alleging this couple owes taxes, penalties, and interest from a RV they purchased over 5 years ago. My point is whether you purchase the truck as a domiciliary of Idaho or of South Dakota, if you intend South Dakota to be your state of domicile (with a connection to some county therein) consider registering that truck in South Dakota, as was suggested on this thread. I hope this helps give you direction as to your next steps. (Please know that I do not regularly check this forum. If you have follow-up questions, please call my office at 800-260-1615.) SKP Hugs, Shawn
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