HB 585-FN-A - AS AMENDED BY THE HOUSE
18Feb2015… 0305h
2015 SESSION
03/09
HOUSE BILL 585-FN-A
AN ACT relative to fines for violation of alcoholic beverage laws.
SPONSORS: Rep. Cushing, Rock 21; Rep. Pantelakos, Rock 25
COMMITTEE: Criminal Justice and Public Safety
AMENDED ANALYSIS
This bill establishes a penalty assessment for violation of alcoholic beverage laws.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18Feb2015… 0305h
15-0099
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to fines for violation of alcoholic beverage laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Intent. The general court finds that the abuse and misuse of alcohol and violations of the laws governing alcoholic beverages result in negative social behavior that imposes substantial costs to the state and the community, including alcohol being a factor in some instances of domestic abuse and criminal activity. It is necessary and appropriate for the state to assess a penalty for violation of provisions of laws governing alcoholic beverages with the intent to use proceeds from the penalty assessment to compensate for the state expenses associated with protecting victims of crime, assisting victims to recover from their victimization, and treating and preventing alcohol abuse.
2 New Subparagraph; General Revenue Exceptions. Amend RSA 6:12, I(b) by inserting after subparagraph (326) the following new subparagraph:
(327) Moneys received pursuant to RSA 179:63, which shall be deposited in accordance with RSA 179:63, IV.
3 New Section; Penalty Assessment; Waiver of Penalty. Amend RSA 179 by inserting after section 62 the following new section:
179:63 Penalty Assessment; Waiver of Penalty.
I. Every court and the commission shall levy a penalty assessment of $5 or 10 percent, whichever is greater, on each fine or penalty imposed by the court or the commission for a violation of RSA title XIII.
II. If multiple offenses are involved, the penalty assessment shall be imposed on the total fine.
III. If a fine is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.
IV. The clerk of each court or the commission shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit 33 percent of the amount collected in the victims’ assistance fund, 33 percent of the amount collected in the special fund for domestic violence programs, and 33 percent of the amount collected in the alcohol abuse prevention and treatment fund.
V. If it is determined by a court or the commission that the payment of all or any part of a penalty assessment would work a hardship on the person convicted or on such person’s immediate family, the court or commission may suspend the payment of all or any part of the assessment.
4 Fines. Amend RSA 179:61, I to read as follows:
I. All fines imposed by any court and collected for the violation of the provisions of this title shall be paid to the treasurer of the state, county, or town, the officials of which instituted the prosecution. None of the funds collected for violations shall be expended by a political subdivision without approval of the legislative body of the political subdivision.
5 Effective Date. This act shall take effect July 1, 2015.
LBAO
15-0099
01/26/15
585-FN-A - FISCAL NOTE
AN ACT relative to fines for violation of alcohol beverage laws.
FISCAL IMPACT:
The Judicial Branch, Liquor Commission, Department of Justice, and Department of Health and Human Services state this bill, as introduced, will increase state restricted revenue and expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no fiscal impact on county and local revenue and expenditures.
METHODOLOGY:
The Judicial Branch states this bill imposes a penalty assessment of $5 or 10%, whichever is greater, on all fines or penalties imposed by a court or the liquor commission for violations to the alcohol beverage laws contained in RSA Title XIII (chapters 175 through 180). The most commonly charged offense in those chapters is unlawful possession of alcohol under RSA 179:10, which represents 92% of all charges brought in court pursuant to chapters 175 through 180. In calendar year 2013, fines for violations of RSA 179:10 amounted to $648,899, exclusive of the already existing penalty assessment of 24% assessed in accordance with RSA 188-F:31. The Branch assumes the remaining 8% of charges will have the same fine rate as those under RSA 179:10. The Branch assumes a 10% penalty assessment will be collected for each conviction. The Branch estimates the total fine revenue collected from chapters 175 through 180 to be $705,325. Applying the 10% penalty assessment, it would raise an estimated $70,533 to be split into thirds so that approximately $23,511 will be deposited into each of the following three funds: the victims’ assistance fund, the special fund for domestic violence programs and the alcohol abuse prevention and treatment fund.
The Liquor Commission states this bill would require the Commission to collect a penalty assessment of 10% on each administrative fine imposed against license holders. The Commission estimates this bill will result in less than $10,000 in revenue being generated by the penalty assessment on each administrative fine imposed against license holders.
The Department of Justice states this bill will direct 33% of any penalty assessment revenue collected as a result of this bill to the victims’ assistance fund, the special fund for domestic violence programs and the alcohol abuse prevention and treatment fund. The Department has no information to determine the amount of revenue that might be collected from the penalty assessment for the three identified funds. The Department assumes any additional revenue will be expended for victims’ assistance needs.
The Department of Health and Human Services states this bill will increase revenue to the alcohol abuse prevention and treatment fund by an indeterminable amount. The Department assumes it will expend any increased revenue to meet alcohol abuse prevention and treatment needs.