SB 384-FN - AS INTRODUCED

2022 SESSION

22-3042

05/11

SENATE BILL 384-FN

AN ACT requiring notice of the hands-free law at the point of sale for cell phones.

SPONSORS: Sen. Ricciardi, Dist 9; Sen. Hennessey, Dist 1; Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Sen. Gannon, Dist 23; Rep. Janigian, Rock. 8

COMMITTEE: Commerce

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ANALYSIS

This bill requires notice of the state's hands-free law at the point of sale for cell phones and other mobile electronic devices.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-3042

05/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT requiring notice of the hands-free law at the point of sale for cell phones.

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

1  New Subdivision; Sale of Cell Phones and Other Mobile Electronic Devices.  Amend RSA 339 by inserting after section 79 the following new subdivision:

Sale of Cell Phones and Other Mobile Electronic Devices

339:80  Sale of Cell Phones and Other Mobile Electronic Devices; Notice of Hands-Free Law Required.  

I.  Any person engaged in the business of selling cell phones or other mobile electronic devices in the state shall provide notice to the purchaser of RSA 265:79-c, prohibiting the use of mobile electronic devices with driving in New Hampshire.  The notice shall be provided to the purchaser at the point of sale and shall summarize the prohibition and penalties of RSA 265:79-c, also known as the state's "hands-free law".  If the sale occurs at a retail establishment, a notice meeting the requirements of this section, posted in a conspicuous place near the register shall be sufficient.  If the sale occurs online, the notice shall be included with the receipt for the product.   

II.  Any person who violates this section shall be guilty of a separate violation for each sale in violation thereof.

2  Effective Date.  This act shall take effect January 1, 2023.

LBA

22-3042

12/16/21

SB 384-FN- FISCAL NOTE

AS INTRODUCED

AN ACT requiring notice of the hands-free law at the point of sale for cell phones.

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

METHODOLOGY:

This bill requires notice of the state's hands-free law at the point of sale for cell phones and other

mobile electronic devices.  The bill contains a violation penalty that may have an impact on the New Hampshire judicial system.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  In the past the Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal impact of proposed legislation.  The per case data on costs for routine cases currently available to the Judicial Branch are based on studies of judicial and clerical weighted caseload times  that are more than fifteen years old so the data does not have current validity.  A new case study is being conducted  and updated estimates will be available in the future.

AGENCIES CONTACTED:

Judicial Branch