Bill Details - HB198 (2019)

HB 198-FN - AS AMENDED BY THE SENATE

 

14Mar2019... 0412h

05/02/2019   1620s

2019 SESSION

19-0190

11/01

 

HOUSE BILL 198

 

AN ACT clarifying the prohibition against the use of mobile electronic devices while driving.

 

SPONSORS: Rep. Spillane, Rock. 2; Rep. J. Osborne, Rock. 4; Rep. Baldasaro, Rock. 5; Rep. Bershtein, Rock. 2; Rep. Horn, Merr. 2; Rep. S. Beaudoin, Straf. 9; Rep. Potucek, Rock. 6; Rep. True, Rock. 4; Rep. Belanger, Hills. 27

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill clarifies the prohibition against using mobile electronic devices while driving and increases the penalties imposed for violations of such prohibition.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Mar2019... 0412h

05/02/2019   1620s 19-0190

11/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT clarifying the prohibition against the use of mobile electronic devices while driving.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Motor Vehicles; Words and Phrases Defined; Serious Traffic Violation.  Amend RSA 259:98-a, X to read as follows:

X.  Driving a commercial motor vehicle in violation of RSA [265:105-a] 265:79-c.

2  Motor Vehicles; Rules of the Road; Use of Mobile Electronic Devices While Driving; Prohibition.  Amend RSA 265:79-c, III to read as follows:

III.  Any person who violates this section shall be guilty of a violation and shall be fined $100 plus penalty assessment for a first offense, $250 plus penalty assessment for a second offense, and $500 plus penalty assessment for any subsequent offense within a 24-month period.  In addition, the director shall suspend the person's license to drive for up to 15 days for a second offense, and shall suspend the person's license to drive for not less than 30 days for any subsequent offense.

3  Repeal.  RSA 265:105-a, relative to prohibited text messages and device usage while operating a motor vehicle, is repealed.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

19-0190

Amended 5/14/19

 

HB 198-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2019-1620s)

 

AN ACT clarifying the prohibition against the use of mobile electronic devices while driving.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$40,000

Minimal

Minimal

Minimal

Funding Source:

  [    ] General            [    ] Education            [ X ] Highway           [ X ] Other - *Restricted Cost of Collections

*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill requires the Director of the Division of Motor Vehicles to suspend a license for 15 days after a second offense of using a mobile electronic device while driving and 30 days for any subsequent offense.  The Department of Safety estimates this bill will cost $40,000 in FY 2020 to perform programming changes needed to accommodate the potential for a suspension of driving privileges.  The Department estimates expenditures in FY 2021 and each year thereafter to be minimal.  

 

State revenue would increase if suspensions occurred under this bill and resulted in drivers paying a restoration fee to obtain driving privileges again.  Under RSA 235:23, 12 percent of all highway revenue in the previous year is distributed to local governments in the form of local highway aid. Since no method exists to determine how much state revenue will increase as result of this bill, local highway aid will increase by an indeterminable amount in FY 2021 and each year thereafter.

 

AGENCIES CONTACTED:

Department of Safety

 

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Transportation HJ 2 P. 41
Feb. 5, 2019 Public Hearing: 02/05/2019 10:30 am LOB 203
Feb. 12, 2019 Executive Session: 02/12/2019 02:00 pm LOB 203
Committee Report: Ought to Pass with Amendment # 2019-0412h (NT) (Vote 15-3; RC)
March 7, 2019 Committee Report: Ought to Pass with Amendment # 2019-0412h (NT) for 03/07/2019 (Vote 15-3; RC) HC 14 P. 20
Special Order to 03/14/2019 Without Objection HJ 8 P. 60
March 14, 2019 Amendment # 2019-0412h (NT): AA VV 03/14/2019 HJ 9 P. 42
March 14, 2019 Ought to Pass with Amendment 2019-0412h (NT): MA DV 252-73 03/14/2019 HJ 9 P. 42
March 21, 2019 Introduced 03/21/2019 and Referred to Transportation; SJ 10
April 2, 2019 Hearing: 04/02/2019, Room 103, LOB, 01:30 pm; SC 16
May 2, 2019 Committee Report: Ought to Pass with Amendment # 2019-1620s, 05/02/2019; SC 20
May 2, 2019 Committee Amendment # 2019-1620s, AA, VV; 05/02/2019; SJ 15
May 2, 2019 Ought to Pass with Amendment 2019-1620s, MA, VV; Refer to Finance Rule 4-5; 05/02/2019; SJ 15
May 21, 2019 Hearing: 05/21/2019, Room 103, SH, 01:00 pm, on proposed amendment # 2019-2031s; SC 23
May 30, 2019 Committee Report: Ought to Pass, 05/30/2019; SC 24
Committee Report: Ought to Pass

Action Dates

Date Body Type
Feb. 5, 2019 House Hearing
Feb. 12, 2019 House Exec Session
House Floor Vote
March 7, 2019 House Floor Vote
March 14, 2019 House Floor Vote
April 2, 2019 Senate Hearing
May 2, 2019 Senate Floor Vote
May 21, 2019 Senate Hearing
Senate Floor Vote
May 30, 2019 Senate Floor Vote

Bill Text Revisions

HB198 Revision: 4431 Date: Dec. 26, 2018, 3:54 p.m.
HB198 Revision: 5546 Date: April 15, 2019, 10:30 a.m.
HB198 Revision: 5822 Date: May 14, 2019, 12:46 p.m.