SB 649 — increasing fines for using a hand-held mobile electronic device while driving a motor vehicle.

CHAPTER 114 SB 649-FN - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES SESSION 26-2087 06/08 SENATE BILL 649-FN AN ACT increasing fines for using a hand-held mobile electronic device while driving a motor vehicle.

Transportation ───────────────────────────────────────────────────────────────── ANALYSIS This bill increases fines and adds license suspension for repeat offenses involving the use of a hand-heldhand- held mobile electronic device while driving, with enhanced penalties when the violation contributes to a crash.

CHAPTER 114 SB 649-FN - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 26-2087 06/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT increasing fines for using a hand-held mobile electronic device while driving a motor vehicle.

1114:1 Use of Mobile Electronic Devices While Driving;

2114:2 Effective Date.

LBAApproved: 26-2087 10/22/25 SB 649-FN- FISCAL NOTE AS INTRODUCED AN ACT increasing fines for using a hand-held mobile electronic device while driving a motor vehicle.

FISCALMay IMPACT:28, 2026 Effective Date:

EstimatedJanuary State01, Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 Indeterminable General Fund, Highway Fund, Victims Assistance Fund, and Judicial Revenue Fund Branch Information Technology Fund Department of Safety DMV Costs - $48K in FY 2027 Expenditures* Costs to Criminal and Judicial Systems - Indeterminable General Fund, Restricted - Highway Fund Cost of Collections - Per the Funding Source state constitution, costs associated with the collection/administration of highway fund revenue by the Department of Safety is deducted prior to funds being credited as unrestricted highway fund revenue Appropriations* $0 $0 $0 $0 Funding Source None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2026 FY 2027 FY 2028 FY 2029 County Revenue $0 $0 $0 $0 County Expenditures Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable   METHODOLOGY:

This bill, effective January 1, 2027, increases penalties for using hand-held mobile electronic devices while driving a motor vehicle:

Offense Count Existing Law Proposed Change 1st Offense $100 fine $250 fine, or $500 fine, if crash- contributing $500 fine, or $750 fine, if crash- 2nd Offense $250 fine contributing $750 fine, plus license suspension 3rd or Later Offense $500 fine up to 30 days, or $1,000 fine, plus 60-day suspension, if crash- contributing 1If within 24 months of first offense In addition to the fines illustrated above, an additional penalty assessment of $2 or 24 percent, whichever is greater, is applied to each fine under RSA 265:79-c, III.

Fine revenue is credited to the highway fund and penalty assessment revenue is split between the general fund (66.66%), the Victims’ Assistance Fund (16.67%) and the Judicial Branch Information Technology Fund (16.67%).

In FY 2025, the Department of Safety and Judicial Branch report the following fine and penalty assessment revenue collections:

Fine Revenue - Highway Fund $458,720 Penalty Assessment - General Fund $73,399 Penalty Assessment - Victims' Assistance Fund $18,352 Penalty Assessment - Judicial Branch Information Technology Fund $18,352 It is assumed this bill would increase revenue to all four funds illustrated above, however the amount of a potential increase is indeterminable as the number of infractions cannot be predicted as it is unknown if this bill will change driver behavior.

The Department of Safety states this bill will require updates to its systems and processes to reflect the new fine structure and license suspension protocols.

This includes updated software and configuration changes, user acceptance testing (UAT), and production deployment with post- implementation support.

The DMV estimates a one-time expenditure of $48,000 to implement these changes.

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation.

Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments.

A summary of such costs can be found at:

https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf AGENCIES CONTACTED:

Department of Safety, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association