Revision: April 15, 2019, 10:30 a.m.
HB 198 - AS AMENDED BY THE HOUSE
14Mar2019... 0412h
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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] not less than $250 nor more than $1000 for a first or second offense, [$250 plus penalty assessment for a second offense,] and not less than $500 [plus penalty assessment] for any subsequent offense [within a 24-month period]. In addition, the director may suspend the person's license to drive for up to 10 days for a second offense, and shall suspend the person's license to drive for not less than 10 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 RSA 265:105-a, relative to prohibited text messages and device usage while operating a motor vehicle, is repealed.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.
19-0190
Amended 4/15/19
HB 198-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2019-0412h)
AN ACT clarifying the prohibition against the use of mobile electronic devices while driving.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $50,000 | Minimal | Minimal | Minimal |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - *Restricted Cost of Collections, Victims' Assistance Fund, Judicial Branch IT Fund | |||
*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. | ||||
METHODOLOGY:
This bill increases the penalties imposed for violations of the prohibition against using mobile electronic devices while driving. This bill as amended makes the fine for a first or second offense to range between $250 to $1,000, instead of $100 for a first offense and $250 for a second offense. Additionally, this bill allows for the Director of the Division of Motor Vehicles to suspend a license after a second offense. The Department of Safety estimates this bill will cost $50,000 in FY 2020 to perform programming changes needed to accommodate the increased fine schedule and potential for suspension of driving privileges. The Department estimates expenditures in FY 2021 and each year thereafter to be minimal. There is no method to determine the amount which will be charged in fines as a result of the changes contained in this bill. Therefore, state revenue will be impacted by an indeterminable amount.
AGENCIES CONTACTED:
Department of Safety