HB 1647-FN – AS INTRODUCED
2006 SESSION
03/10
HOUSE BILL 1647-FN
AN ACT relative to lowering the legal drinking age for members of the armed forces.
SPONSORS: Rep. Splaine, Rock 16; Rep. Powers, Rock 16
This bill lowers the legal drinking age for members of the armed forces to 18 years of age.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2092
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to lowering the legal drinking age for members of the armed forces.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Statutory Construction; Legal Drinking Age. Amend RSA 21 by inserting after section 50 the following new section:
21:51 Legal Drinking Age. “Legal drinking age” means:
I. Except as provided in paragraph II, 21 years of age.
II. Eighteen years of age for a member of the armed forces, stationed in this state on active duty, if the state obtains a federal waiver or participates in a federal pilot program allowing the state to lower the legal drinking age to 18 years of age for members of the armed forces, stationed in this state on active duty, without subjecting the state to withholding of federal highway aid as specified in 23 U.S.C. section 158.
2 New Paragraph; Duties of Commissioner of the Department of Transportation; Publication of Notice. Amend RSA 21-L:4 by inserting after paragraph VI the following new paragraph:
VII. If the state obtains a federal waiver or participates in a federal pilot program, as described in RSA 21:51, II, publish notice in newspapers of general circulation in every county of the state describing the waiver or the pilot program, its effect on the legal drinking age in this state, and the duration, if any, of the waiver or pilot program. The commissioner shall also provide for similar notice to be published by the office of legislative services in the rulemaking register and shall certify the publication of notice to the secretary of state.
3 Alcoholic Beverages; Food Products. Amend RSA 175:5-a, II to read as follows:
II. It shall be unlawful for any person to sell or cause or procure to be sold any edible food product containing not less than ½ of one percent alcohol by volume, at 60 degrees Fahrenheit, to any person under the legal drinking age [of 21].
4 Liquor Licenses; Training. Amend RSA 178:2, III to read as follows:
III. The commission shall develop and provide a training program which shall include, but not be limited to, information on state law, alcohol sales practices, criminal and civil liability, and management practices which are intended to reduce access to alcohol by persons under the legal drinking age [of 21] and overservice of alcohol to patrons.
5 Liquor Manufacturer License; Samples. Amend RSA 178:6, IV to read as follows:
IV. A liquor manufacturer may provide to visitors at its facility samples of liquor for tasting. Samples shall not exceed ½ ounce, and shall not be provided to any persons under [21 years of] the legal drinking age.
6 Alcoholic Beverages; Prohibited Sales. Amend RSA 179:5 to read as follows:
179:5 Prohibited Sales.
I. No licensee, salesperson, direct shipper, common carrier, delivery agent, nor any other person, shall sell or give away or cause or allow or procure to be sold, delivered, or given away any liquor or beverage to a person under the legal drinking age [of 21] or to an intoxicated individual. For all deliveries of packages by common carrier or delivery agent marked “alcoholic beverages” or “alcoholic products,” the addressee shall sign a delivery receipt. In no case shall any section of this title be so construed as to permit sale of liquor or beverages in any so-called saloon or speakeasy.
II. No licensee, manager, or person in charge of a licensed premises shall allow or permit any individual, who is under the legal drinking age [of 21], to possess or consume any liquor or beverage on the licensed premises.
7 Alcoholic Beverages; Sales. Amend RSA 179:6 through RSA 179:8 to read as follows:
179:6 Sale of Cider to Persons Under [21] the Legal Drinking Age. Notwithstanding any other provisions of this chapter, it shall be unlawful for any person to sell or cause or allow or procure to be sold to any person under [21 years of] the legal drinking age, cider containing not less than 1/2 of one percent of alcohol by volume at 60 degrees Fahrenheit.
179:7 Sales to Persons Under [21] the Legal Drinking Age. The establishment of all the following facts by a person making a sale of liquor or beverage to a person under the legal drinking age [of 21] shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:
I. That the person falsely represented in writing and supported by some official document that he or she was [21 years of] the legal drinking age or over;
II. That the appearance of the person was such that an ordinary and prudent person would believe him or her to be [21 years of] the legal drinking age or over; and
III. That the sale was made in good faith relying upon such written representation and appearance in the reasonable belief that the person was actually [21 years of] the legal drinking age or over.
179:8 Statement From Purchaser as to Age.
I. For the purposes of RSA 179:7, any person making the sale of beverages or liquor to any person whose age is in question shall require the purchaser to furnish any of the following documentation that such person is [21 years of] the legal drinking age or over:
(a) A motor vehicle driver’s license issued by the state of New Hampshire, or a valid driver’s license issued by another state, or province of Canada, which bears the date of birth, name, address, and picture of the licensee.
(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, or any picture identification card issued by another state which bears the date of birth, name, and address of the individual.
(c) An armed services identification card.
(d) A valid passport from a country with whom the United States maintains diplomatic relations.
II. Photographic identification presented under this section shall be consistent with the appearance of the person, and shall not be expired and shall be correct and free of alteration, erasure, blemish, or other impairment.
8 Unlawful Possession or Attempt to Purchase Alcohol. Amend RSA 179:10 and RSA 179:10-a to read as follows:
179:10 Unlawful Possession and Intoxication.
I. Except as provided in RSA 179:23, any person under the legal drinking age [of 21 years] who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
II. Except for persons convicted on the basis of intoxication, any person under the legal drinking age [of 21 years] convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.
179:10-a Attempt to Purchase Alcohol. Notwithstanding any other law to the contrary, any person under the legal drinking age [of 21 years], who possesses beverage or liquor with the intent to purchase said beverage or liquor, and who does or omits to do anything which, under the circumstances as such person believes them to be, is an act or omission constituting a substantial step towards the purchase of an alcoholic beverage shall be guilty of a violation.
9 Hunting While Intoxicated. Amend RSA 214:20, II to read as follows:
II. While such person has an alcohol concentration of 0.08 or more or in the case of a person under the legal drinking age [of 21], 0.02 or more.
10 Evidence. Amend RSA 214:20-c to read as follows:
214:20-c Evidence. Upon complaint, information, indictment, or trial of any person charged with a violation of RSA 214:20 or 214:20-a, the court may admit evidence of the defendant’s alcohol concentration, as defined in RSA 259:3-b, as shown by a chemical analysis of his or her breath, urine, or blood. Evidence that there was, at the time alleged, an alcohol concentration of 0.03 or less is prima facie evidence that the defendant was not under the influence of intoxicating liquor. Evidence that the defendant had, at the time alleged, an alcohol concentration of greater than 0.03 but less than 0.08 is relevant evidence but is not to be given prima facie effect in indicating whether or not the defendant was under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. Evidence that there was, at the time alleged, an alcohol concentration of 0.08 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. In the case of a person under the legal drinking age [of 21] an alcohol concentration of 0.02 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. The [foregoing] provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of intoxicating liquor.
11 Implied Consent. Amend RSA 214:20-d, I to read as follows:
I. Any person who target practices, takes, or attempts to take wildlife in this state by use of a firearm, bow and arrow, crossbow and bolt, or any other weapon, shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether that person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drug, and to chemical infrared molecular absorption or gas chromatograph test or tests of any or any combination of the following: blood, urine, or breath, for the purposes of determining the controlled drug content of the person’s blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was target practicing, hunting, taking, or attempting to take wildlife, while under the influence of intoxicating liquor or controlled drugs or any combination of alcohol or controlled drugs or while having an alcohol concentration of 0.08 or more, or in the case of a person under the legal drinking age [of 21], 0.02 or more. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been hunting, taking, or attempting to take wildlife while under the influence of intoxicating liquor or any controlled drug, or any combination of intoxicating liquor and controlled drug.
12 Operating an OHRV While Intoxicated. Amend RSA 215-A:11, I(b) to read as follows:
(b) While the person has an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more.
13 Operating an OHRV While Intoxicated. Amend the introductory paragraph of RSA 215-A:11, II(b) to read as follows:
(b) While having an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more and, at the time alleged:
14 Implied Consent. Amend RSA 215-A:11-a to read as follows:
215-A:11-a Implied Consent of Operator of OHRV to Submit to Testing to Determine Alcohol Concentration. Any person who drives, operates, or attempts to operate an OHRV in this state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether the person is under the influence of intoxicating liquor or controlled drugs, and to a chemical, infrared molecular absorption, or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purpose of determining the controlled drug content of the person’s blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was driving, operating, attempting to operate, or in actual physical control of an OHRV while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more. The test or tests shall be administrated at the direction of a peace officer having reasonable grounds to believe the person to have been driving, operating, attempting to operate, or in actual physical control of an OHRV in this state while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of the report by the agency by certified mail directed to the address shown on such person’s license or other identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by the law enforcement officer conducting the test.
15 Preliminary Breath Tests. Amend RSA 215-A:11-i, I to read as follows:
I. Any law enforcement officer, who has been certified by the police standards and training council according to standards for such certification contained in rules adopted by said council pursuant to RSA 541-A, having reasonable grounds to believe that a person has been driving or operating an OHRV while under the influence of intoxicating liquor or controlled drug, or while the person’s alcohol concentration was 0.08 or more, or in the case of a person under the legal drinking age [of 21], 0.02 or more may, without making an arrest, request that such person submit to a preliminary breath test for alcohol concentration to be administered by the officer. The results of any test administered under this section may be introduced into evidence in a court for any relevant purpose. Failure to submit to the test shall not constitute a violation of this chapter. Evidence of failure to submit to a preliminary breath test shall not be admissible in court in any prosecution under this chapter, except for the purpose of determining whether the officer had probable cause to arrest the person. The provisions of this section shall not limit the introduction of any other competent evidence bearing on the question of whether a person charged with violating RSA 215-A:11 was under the influence of intoxicating liquor or any controlled drug. Nothing contained in this section shall be construed to prevent or require a subsequent test pursuant to RSA 215-A:11-a. The law enforcement officer requesting the test shall advise orally the person to be tested that his or her failure to take the test or his or her taking of the test shall not be construed to prevent or require a subsequent test pursuant to RSA 215-A:11-a. The results of the test shall be furnished immediately to the person tested by the law enforcement officer administering the test and in writing, if requested.
16 Administrative License Suspension. Amend RSA 215-A:11-q to read as follows:
215-A:11-q Administrative License Suspension.
I. If a person refuses a test as provided in RSA 215-A:11-b or submits to a test described in RSA 215-A:11-a which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more, such person shall be subject to an administrative license suspension as described in RSA 265:91-a. The law enforcement officer shall conform to the requirements of RSA 265:91-a provided, however, that the law enforcement officer shall have reasonable grounds to believe the arrested person had been driving, operating, attempting to operate, or was in actual physical control of an OHRV while under the influence of intoxicating liquor or controlled drugs or while the arrested person has an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more.
II. Any person whose license has been suspended or revoked under this section may request an administrative review or a hearing pursuant to RSA 265:91-b, provided, however, that the law enforcement officer shall have reasonable grounds to believe the arrested person had been driving, operating, attempting to operate, or was in actual physical control of an OHRV while under the influence of intoxicating liquor or controlled drugs or while the arrested person has an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more.
III. Upon receipt of the sworn report of a law enforcement officer submitted under paragraph I, the department shall suspend the person’s driver’s license or privilege to drive as follows:
(a) In the case of a refusal to take a test described in RSA 215-A:11-a, the suspension shall be for the period specified in RSA 265:92.
(b) In the case of a person who submits to a test described in RSA 215-A:11-a, which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more, the suspension shall be for:
(1) Six months if there is no prior refusal under RSA 265:92, RSA 215-A:11-b, or RSA 215-C:13, no prior driving while intoxicated or aggravated driving while intoxicated convictions, and no prior administrative license suspension pursuant to RSA 265:91-a, RSA 215-A:11-q, or RSA 215-C:27.
(2) Two years if there is a prior refusal under RSA 265:92, RSA 215-A:11-b, or RSA 215-C:13 or a prior driving while intoxicated or aggravated driving while intoxicated conviction, or a prior administrative suspension pursuant to RSA 265:91-a, RSA 215-A:11-q, or RSA 215-C:27. If a license or driving privilege has been suspended under RSA 265:91-a, RSA 215-A:11-q, or RSA 215-C:27 and the person is also convicted on criminal charges arising out of the same event, both the suspension and court ordered revocation shall be imposed pursuant to RSA 265:91-c.
If a license or driving privilege has been suspended under RSA 265:91-a or RSA 215-A:11-q and the person is also convicted on criminal charges arising out of the same event, both the suspension and court ordered revocation shall be imposed pursuant to RSA 265:91-c.
IV. Any person whose license has been suspended or revoked under this section, after the administrative review or hearing, may appeal the decision as provided in RSA 265:91-d.
17 Snowmobiling While Intoxicated. Amend RSA 215-C:11, I(b) to read as follows:
(b) While the person has an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more.
18 Snowmobiling While Intoxicated. Amend the introductory paragraph of RSA 215-C:11, II(b) to read as follows:
(b) While having an alcohol concentration of 0.08 or more, or, in the case of a person under the legal drinking age [of 21], 0.02 or more and, at the time alleged:
19 Implied Consent. Amend RSA 215-C:12 to read as follows:
215-C:12 Implied Consent of Operator of Snowmobile to Submit to Testing to Determine Alcohol Concentration. Any person who drives, operates, or attempts to operate a snowmobile in this state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether the person is under the influence of intoxicating liquor or controlled drugs, and to a chemical, infrared molecular absorption, or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purpose of determining the controlled drug content of the person’s blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was driving, operating, attempting to operate, or in actual physical control of a snowmobile while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more. The test or tests shall be administrated at the direction of a peace officer having reasonable grounds to believe the person to have been driving, operating, attempting to operate, or in actual physical control of an snowmobile in this state while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of the report by the agency by certified mail directed to the address shown on such person’s license or other identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by the law enforcement officer conducting the test.
20 Administrative License Suspension. Amend RSA 215-C:27 to read as follows:
215-C:27 Administrative License Suspension.
I. If a person refuses a test as provided in RSA 215-C:13 or submits to a test described in RSA 215-C:12 which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more, such person shall be subject to an administrative license suspension as described in RSA 265:91-a. The law enforcement officer shall conform to the requirements of RSA 265:91-a provided, however, that the law enforcement officer shall have reasonable grounds to believe the arrested person had been driving, operating, or attempting to operate or was in actual physical control of a snowmobile while under the influence of intoxicating liquor or controlled drugs or while the arrested person has an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more.
II. Any person whose license has been suspended or revoked under this section may request an administrative review or a hearing pursuant to RSA 265:91-b, provided, however, that the law enforcement officer shall have reasonable grounds to believe the arrested person had been driving, operating, or attempting to operate or was in actual physical control of a snowmobile while under the influence of intoxicating liquor or controlled drugs or while the arrested person has an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more.
III. Upon receipt of the sworn report of a law enforcement officer submitted under paragraph I, the department shall suspend the person’s driver’s license or privilege to drive as follows:
(a) In the case of a refusal to take a test described in RSA 215-C:12, the suspension shall be for the period specified in RSA 265:92.
(b) In the case of a person who submits to a test described in RSA 215-C:12, which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more, the suspension shall be for:
(1) Six months if there is no prior refusal under RSA 265:92, RSA 215-C:13, or RSA 215-A:11-b, no prior driving while intoxicated or aggravated driving while intoxicated convictions, and no prior administrative license suspension pursuant to RSA 265:91-a, RSA 215-A:11-q, or RSA 215-C:27.
(2) Two years if there is a prior refusal under RSA 265:92, RSA 215-A:11-b, or RSA 215-C:13, or a prior driving while intoxicated or aggravated driving while intoxicated conviction, or a prior administrative suspension pursuant to RSA 265:91-a, RSA 215-A:11-q, or this section. If a license or driving privilege has been suspended under RSA 265:91-a, RSA 215-A:11-q, or this section and the person is also convicted on criminal charges arising out of the same event, both the suspension and court ordered revocation shall be imposed pursuant to RSA 265:91-c.
IV. Any person whose license has been suspended or revoked under this section, after the administrative review or hearing, may appeal the decision as provided in RSA 265:91-d.
21 Informing First-Time Applicants of the DWI Laws. Amend RSA 263:6-a to read as follows:
263:6-a Informing First-Time Applicants of the DWI Laws. Before issuing a license to any person who has not been previously licensed to drive a motor vehicle in this state, the department shall inform the applicant of the following:
I. It is unlawful to drive with an alcohol concentration of 0.08 or more, or, in the case of a person under [21 years of] the legal drinking age, 0.02 or more.
II. The penalties for violations of the DWI laws.
III. The administrative license suspension penalties for a refusal to take, or a failure to complete, a preliminary breath test or, upon arrest, any physical or chemical test for the purpose of determining a level of alcohol in your system.
IV. The fee for reissuance of a driver’s license after suspension for any of the reasons stated above.
V. The penalties for unlawful transportation of an alcoholic beverage by a person under [21] the legal drinking age.
VI. The penalties for unlawful possession of an alcoholic beverage by a person under [21] the legal drinking age.
VII. Any other information concerning driving responsibility that the director deems necessary.
22 Transportation of Alcoholic Beverages by a Minor. Amend RSA 265:81-a to read as follows:
265:81-a Transportation of Alcoholic Beverages by a Minor.
I. Notwithstanding RSA 265:81, II, no driver under the legal drinking age [of 21] shall, except when accompanied by a parent, legal guardian, or legal age spouse, transport any liquor or beverage in any part of a vehicle. A driver violating this section may have his or her license or right to drive suspended for 60 days. The words “liquor” and “beverage” as used in this section shall have the same meanings as defined in RSA 175:1. “Legal age spouse” means a person 21 years of age or older.
II. This section shall not apply to a driver under [21 years of] the legal drinking age employed under RSA 179:23.
23 Driving While Intoxicated. Amend RSA 265:82, I(b) to read as follows:
(b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the legal drinking age [of 21], 0.02 or more.
24 Aggravated Driving While Intoxicated. Amend the introductory paragraph of RSA 265:82-a, II to read as follows:
II. While having an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21] at the time of the offense, 0.02 or more or, in the case of a person driving a commercial motor vehicle and licensed pursuant to RSA 263:86 at the time of the offense and notwithstanding the provisions of RSA 263:94, 0.04 or more and, at the time alleged:
25 Implied Consent. Amend RSA 265:84 to read as follows:
265:84 Implied Consent of Driver of Motor Vehicle to Submit to Testing to Determine Alcohol Concentration. Any person who drives a vehicle upon the ways of this state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether such person is under the influence of intoxicating liquor or controlled drugs, and to a chemical, infrared molecular absorption or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath, for the purpose of determining the controlled drug content of such person’s blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more, or in the case of a person under the legal drinking age [of 21], 0.02 or more. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a vehicle upon the ways of this state while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more, or in the case of a person under the legal drinking age [of 21], 0.02 or more. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of the report by the agency by certified mail directed to the address shown on such person’s license or other identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by the certified breath testing operator conducting the test. When the incident involves an accident resulting in death or serious bodily injury to any person as provided in RSA 265:93, the prerequisites of RSA 265:87 shall not apply.
26 Administrative License Suspension. Amend RSA 265:91-a, I to read as follows:
I. If any person refuses a test as provided in RSA 265:92 or submits to a test described in RSA 265:84 which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more, the law enforcement officer shall submit a sworn report to the department. In the report the officer shall certify that the test was requested pursuant to RSA 265:84 and that the person refused to submit to testing or submitted to a test which disclosed an alcohol concentration of 0.08 or more, or, in the case of a person under the legal drinking age [of 21], 0.02 or more.
27 Administrative License Suspension. Amend the introductory paragraph of RSA 265:91-a, II(b) to read as follows:
(b) In the case of a person who submits to a test described in RSA 265:84 which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21], 0.02 or more, the suspension shall be for:
28 Administrative Review or Hearing. Amend RSA 265:91-b, II(d) to read as follows:
(d) Whether the person has refused to submit to the test upon the request of the law enforcement officer or whether a properly administered test or tests disclosed an alcohol concentration of 0.08 or more, or, in the case of a person under [21 years of] the legal drinking age, 0.02 or more;
29 Preliminary Breath Test. Amend RSA 265:92-a, I to read as follows:
I. Any police officer, who has been certified by the police standards and training council according to standards for such certification contained in rules adopted by said council pursuant to RSA 541-A, having reasonable grounds to believe that a person has been driving or operating a vehicle on a way while under the influence of intoxicating liquor or controlled drug or while the person’s alcohol concentration was 0.08 or more or in the case of a person under the legal drinking age [of 21], 0.02 or more may, without making an arrest, request that such person submit to a preliminary breath test for alcohol concentration to be administered by the officer. The results of any test administered under this section may be introduced into evidence in a court for any relevant purpose. Failure to submit to the test shall not constitute a violation of this chapter. Evidence of a failure to submit to a preliminary breath test shall not be admissible in court in any prosecution under this subdivision, except for the purpose of determining whether the officer had probable cause to arrest the person. The provisions of this section shall not limit the introduction of any other competent evidence bearing on the question of whether a person charged with violating RSA 265:82, I(a) or RSA 265:82-a, I was under the influence of intoxicating liquor or any controlled drug. Nothing contained in this section shall be construed to prevent or require a subsequent test pursuant to RSA 265:84. The police officer requesting the test shall advise orally the person to be tested that his or her failure to take the test or his or her taking of the test shall not be construed to prevent or require a subsequent test pursuant to RSA 265:84. The results of the test shall be furnished immediately to the person tested by the police officer administering the test and in writing, if requested.
30 Ejection of Guests. Amend RSA 353:3-c, II(b) to read as follows:
(b) Is less than [21 years of] the legal drinking age and possesses alcohol;
31 Facilitating a Drug or Underage Alcohol House Party. Amend RSA 644:18 to read as follows:
644:18 Facilitating a Drug or Underage Alcohol House Party.
I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the legal drinking age [of 21] possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.
II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.
III. In this section, “drug or underage alcohol house party” means a gathering of 5 or more people under the legal drinking age [of 21] at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the legal drinking age [of 21] unlawfully possesses or consumes an alcoholic beverage or controlled drug. “Occupied structure” has the same meaning as in RSA 635: 1, and “dwelling” and “curtilage” have the same meaning as in RSA 627:9.
IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician’s care where the use of the drug is consistent with the directions of a physician.
32 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2092
12/2/05
HB 1647-FN - FISCAL NOTE
AN ACT relative to lowering the legal drinking age for members of the armed forces.
FISCAL IMPACT:
The Judicial Council and Judicial Branch state this bill will decrease state expenditures by an indeterminable amount in FY 2007 and each year thereafter. The Department of Safety stated this bill will decrease state and local revenue by indeterminable amounts in FY 2007 and each year thereafter. There will be no fiscal impact on county revenue or county and local expenditures.
METHODOLOGY:
The Judicial Council assumes that any cases arising from the drinking related offenses for which the Indigent Defense Fund may be liable would have, in the first instance, been handled by the public defender or contract attorney who accepts these cases on a fixed fee basis of $756.25 per felony charged. If an assigned counsel attorney has been used, the hourly rate of $60, with a fee cap of $3,000 would apply. If a motion to exceed the fee cap had been approved and/or “services other than counsel” had been approved, those costs would be chargeable to the Indigent Defense Fund. Any charge within the criminal justice system, committed by a juvenile, would be compensated within the flat fee contract system of $275 per case through disposition, plus $206.25 for each and every review hearing following disposition. Assigned counsel would be at the $60 per hour rate with a fee cap of $1,200. The fee cap may be waived upon motion filed with the court and approved in advance. Any case where a defendant has been found guilty may also result in appeals to either the superior court or the supreme court, which would have a cost implication for indigent defense expenditures made by the state. The Council is unable to predict the number of cases which may be impacted by the passage of this bill, and are unable to determine the exact fiscal impact at this time.
The Judicial Branch assumed the number of armed forces members in New Hampshire on active duty is small, and does not expect this bill to have a significant fiscal impact. The Branch expects there may be a small reduction in the number of illegal possession cases.
The Department of Safety assumes there may be a decrease in state revenue to the general fund, the police standards and training fund, and the victims assistance fund, as fewer
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individuals would be considered legally drunk, the Department assumed a decrease in fines collected by the courts and deposited in these funds. The Department also assumed fewer individuals would have their drivers licenses suspended, and there would be a reduction in reinstatement fees credited to the highway fund and local highway aid fund.
The Liquor Commission states this bill will have no fiscal impact on its revenue or expenditures.