New Hampshire HB 1777: relative to the enhanced 911 system fund.

Bill Text

HB 1777-FN - AS INTRODUCED

2026 SESSION

 26-2638

 04/09

HOUSE BILL 1777-FN

AN ACT relative to the enhanced 911 system fund.

SPONSORS: Rep. Hakken-Phillips, Graf. 12

COMMITTEE: Science, Technology and Energy

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ANALYSIS

 This bill restricts the use of Enhanced 911 system funds to expenditures that directly support 911 call delivery and dispatch operations, establishes enforcement mechanisms for unauthorized use, and enhanced financial transparency and oversight.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2638

 04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the enhanced 911 system fund.

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

 1 Enhanced 911 Fund; Authorized and Prohibited Uses. RSA 106-H:9, II is repealed and reenacted to read as follows: 

 II.(a) Moneys in the enhanced fund system shall be used solely for expenditures that directly support the delivery of 911 voice and data information from the point of origin to the public safety answering point (PSAP), and from the PSAP to dispatch centers and first responders. Allowable uses include, but are not limited to: 

 (1) Operational expenses of PSAPs;

 (2) Acquisition, maintenance, and operation of land mobile radio systems and any communication systems utilized by the division in connection with 911 operations;

 (3) Technology and support services necessary for the transmission, routing, and processing of 911 calls; and 

 (4) Personnel costs directly supporting 911 operations, including but not limited to call-taking, dispatch, technical support, and operational coordination. 

 (b) Prohibited uses of the fund shall include, but are not limited to: 

 (1) Subsidization of commercial wireless infrastructure not directly supporting 911 services; 

 (2) General public safety expenditures unrelated to 911 operations; 

 (3) Administrative overhead not directly tied to 911 service delivery; and 

 (4) Expenditures for multi-purpose or shared-use systems where the primary or proportional use does not support 911 operations, or where such expenditures would result in a material diversion of funds from core 911 functions. 

 (c) The department of safety shall adopt rules under RSA 541-A to maintain and update a list of allowable and prohibited uses of the enhanced 911 system fund. 

 (d) The department shall maintain a separate accounting of all revenues collected and expenditures made from the enhanced 911 system fund. Such accounting shall be sufficient to allow for independent audit and public reporting of fund activity. 

 2 New Sections; Enhanced 911 System; Prohibition on Unauthorized Use of E911 Funds; Citizen Enforcement. Amend RSA 106-H by inserting after section 9-a the following new sections: 

 106-H:9-b Prohibition on Unauthorized Use of E911 Funds. 

 I. No funds from the enhanced 911 system shall be expended for any purpose not authorized under RSA 106-H:9, II. 

 II. Any agency or department found to have used E911 funds for purposes not authorized under state or federal law shall, upon notification, repay the diverted amount from an appropriate funding source within one year. If repayment is not made within the specified time frame, the agency or department may be subject to monetary penalties or forfeitures, as determined by the department of justice, taking into account the amount diverted, the nature of the violation, and whether it was willful or repeated. No criminal penalties involving incarceration shall apply under this section. Enforcement shall prioritize notice, opportunity to remediate, and proportional financial accountability. 

 III. The department of safety shall adopt rules in consultation with the enhanced 911 commission, to: 

 (a) Define and update allowable and prohibited uses;

 (b) Establish procedures for identifying and remedying unauthorized expenditures; and 

 (c) Provide a 12-month safe harbor period for compliance from the effective date of this section. 

 IV. Pursuant to RSA 106-H:9, I(e), the enhanced 911 system fund shall not lapse, and all unexpended or unencumbered monies shall remain available for future use in accordance with this chapter. 

 106-H:9-c Citizen Enforcement of Unauthorized Use of E911 Funds. 

 I. Any person who has reason to believe that funds from the enhanced 911 system fund have been used for unauthorized purposes may file a written complaint with the enhanced 911 commission as established under RSA 106-H:3 or the New Hampshire department of justice. 

 II. The enhanced 911 commiss