HB 198-FN - FINAL VERSION
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
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill clarifies the prohibition against using mobile electronic devices while driving and increases the penalties imposed for violations of such prohibition.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 RSA 265:105-a, relative to prohibited text messages and device usage while operating a motor vehicle, is repealed.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.
VETOED July 12, 2019
Veto Sustained September 18, 2019
19-0190
Amended 5/14/19
HB 198 - 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
| 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 |
Sept. 18, 2019: Veto Sustained 09/18/2019: RC 223-157 Lacking Necessary Two-Thirds Vote HJ 21 P. 12
July 12, 2019: Vetoed by Governor Sununu 07/12/2019
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 53
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 13, 2019: House Concurs with Senate Amendment 1620s (Rep. Sykes): MA VV 06/13/2019 HJ 19 P. 13
May 30, 2019: Ought to Pass: MA, VV; OT3rdg; 05/30/2019; SJ 18
May 30, 2019: Committee Report: Ought to Pass, 05/30/2019; SC 24
: Committee Report: Ought to Pass
May 21, 2019: Hearing: 05/21/2019, Room 103, SH, 01:00 pm, on proposed amendment # 2019-2031s; SC 23
May 2, 2019: Ought to Pass with Amendment 2019-1620s, MA, VV; Refer to Finance Rule 4-5; 05/02/2019; SJ 15
May 2, 2019: Committee Amendment # 2019-1620s, AA, VV; 05/02/2019; SJ 15
May 2, 2019: Committee Report: Ought to Pass with Amendment # 2019-1620s, 05/02/2019; SC 20
April 2, 2019: Hearing: 04/02/2019, Room 103, LOB, 01:30 pm; SC 16
March 21, 2019: Introduced 03/21/2019 and Referred to Transportation; SJ 10
March 14, 2019: Ought to Pass with Amendment 2019-0412h (NT): MA DV 252-73 03/14/2019 HJ 9 P. 42
March 14, 2019: Amendment # 2019-0412h (NT): AA VV 03/14/2019 HJ 9 P. 42
: Special Order to 03/14/2019 Without Objection HJ 8 P. 60
: 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
Feb. 12, 2019: Executive Session: 02/12/2019 02:00 pm LOB 203
Feb. 5, 2019: Public Hearing: 02/05/2019 10:30 am LOB 203
Jan. 2, 2019: Introduced 01/02/2019 and referred to Transportation HJ 2 P. 41