HB 1406-FN – AS INTRODUCED
2006 SESSION
04/09
HOUSE BILL 1406-FN
AN ACT adding to the penalty provisions of the controlled drug act and relative to fines for violations of the controlled drug act.
SPONSORS: Rep. Hinkle, Hills 19; Rep. Mooney, Hills 19; Rep. Danforth, Merr 6; Rep. Albert, Straf 1
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Adds methamphetamine to the penalty provisions of the controlled drug act.
II. Requires a $100 fine in addition to any civil or administrative penalty imposed under the controlled drug act.
III. Establishes a drug education and abuse prevention fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2073
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT adding to the penalty provisions of the controlled drug act and relative to fines for violations of the controlled drug act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a) by inserting after subparagraph (3) the following new subparagraph:
(4) Methamphetamine or its analog, in a quantity of 5 ounces or more, including adulterants or dilutants.
2 New Paragraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26 by inserting after paragraph X the following new paragraph:
X-a. In addition to any civil or administrative penalty or sanction imposed in this chapter, a fine of $100 shall be imposed on any person convicted of a violation of any provision of this chapter. Moneys collected under this paragraph shall be deposited into the drug education and abuse prevention fund established in RSA 318-B:31 on a quarterly basis.
3 New Section; Drug Education and Abuse Prevention Fund Established. Amend RSA 318-B by inserting after section 30 the following new section:
318-B:31 Drug Education and Abuse Prevention Fund Established.
I. There is hereby established a drug education and abuse prevention fund to fund drug education and abuse prevention programs. Moneys collected pursuant to RS 318-B:26, X-a shall be deposited into this fund.
II. The fund shall be nonlapsing and continually appropriated for the purposes of funding drug education and abuse prevention programs. The state treasurer shall invest the moneys deposited in the fund as provided by law. Interest earned on moneys deposited in the fund shall be deposited into the fund.
III. Moneys shall be disbursed from the fund upon the authorization of the governor’s commission on alcohol and drug abuse prevention, intervention, and treatment established pursuant to RSA 12-J:1.
4 New Subparagraph; Application of Receipts; Drug Education and Abuse Prevention Fund. Amend RSA 6:12, I(b) by inserting after subparagraph 242 the following new subparagraph:
(243) Funds deposited into the drug education and abuse prevention fund established in RSA 318-B:31.
5 New Paragraph; Governor’s Commission on Alcohol and Drug Abuse Prevention; Duties. Amend RSA 12-J:3 by inserting after paragraph V the following new paragraph:
VI. Authorize the disbursement of moneys from the drug education and abuse prevention fund established in RSA 318-B:31.
6 Effective Date. This act shall take effect 60 days after its passage.
LBAO
06-2073
11/22/05
HB 1406-FN - FISCAL NOTE
AN ACT adding to the penalty provisions of the controlled drug act and relative to fines for violations of the controlled drug act.
FISCAL IMPACT:
The Judicial Branch, Judicial Council and Departments of Health and Human Services and Justice state this bill will increase state revenue and expenditures by indeterminable amounts in FY 2007 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Judicial Branch indicated this bill would add no new cases, and therefore, would not increase state general fund expenditures related to case processing. The Branch estimated that if the $100 fine for violations of RSA 318-B applies to each conviction, additional revenue of $344,500 per year would fund the drug education and abuse prevention fund (3,445 convictions for the year ended September 30, 2005 x $100 ). However, the Branch assumed not all of the fines would be collected, and in the case of multiple convictions in one proceeding, only one $100 fine would be collected, therefore, the restricted revenue would be less than $344,500.
The Judicial Council states this bill adds methamphetamine or its analog in quantity of five ounces or more to the special felony provisions of the controlled drug act. The Council assumes the impact of this bill will depend on how prosecutors choose to employ its provisions. The Council indicated higher jail times and fines would result in more costly trials as public defender and contract attorneys, needing more time for these cases, are able to handle fewer indigent defense cases. The Council expects assigned counsel who accept these cases would likely file motions to exceed the fee cap and “services other than counsel” are more likely to be requested in these cases. As a result, more cases would be moved to the more costly and less predictable assigned counsel component of the indigent defense system. The Judicial Council is not able to project the number of cases or what the defense costs will be.
The Department of Health and Human Services assumed all of the $100 fines collected and deposited into the Drug Abuse and Education Fund would be used to provide services. The
LBAO
06-2073
11/22/05
Department indicated that the administration costs related to the prevention and education efforts could be absorbed within its current budget.
The Department of Justice indicated its Civil Bureau provides legal advice to both the State Treasurer and the Governor’s Commission on Alcohol and Drug Abuse Prevention, and any legal assistance required by those agencies regarding interpretation or application of this bill can be provided without additional funding.