SB 355-FN – AS AMENDED BY THE SENATE
03/09/06 1208s
2006 SESSION
03/04
SENATE BILL 355-FN
AN ACT relative to unlawful possession of alcohol by a minor.
SPONSORS: Sen. Roberge, Dist 9; Sen. Flanders, Dist 7; Rep. Tholl, Coos 2; Rep. Harding, Graf 11; Rep. Villeneuve, Hills 18
This bill changes the prohibition on intoxication by a minor to a prohibition on consumption of any alcoholic beverage by a minor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/09/06 1208s
06-2129
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to unlawful possession of alcohol by a minor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Unlawful Possession of Alcohol by a Minor. Amend RSA 179:10 to read as follows:
179:10 Unlawful Possession [and Intoxication] of Alcohol by a Minor.
I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who [is intoxicated by consumption of an] has consumed any 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] consumption. [No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court.] In lieu of any or all portions of such fines, the court may impose community service for such period as the court deems appropriate under the circumstances. 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] having consumed an alcoholic beverage, any person under the 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.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
06-2129
Revised 12/23/05
SB 355 FISCAL NOTE
AN ACT relative to unlawful possession of alcohol by a minor.
FISCAL IMPACT:
The Department of Safety and Judicial Branch state this bill will increase state revenue and expenditures, and increase local revenue by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on county and local expenditures or county revenues.
METHODOLOGY:
The Department of Safety states this bill would change the prohibition on intoxication by a minor to a prohibition on consumption of any alcoholic beverage by a minor, and make various changes to the penalty and enforcement provisions of the unlawful possession and consumption statute. The Department states individuals under the age of 21 who are suspected of consuming any alcohol in their possession would be asked to take a breath test and would be advised that a first refusal would result in an automatic administrative license suspension for up to three months, a second refusal up to six months, and a third up to one year. If they take the breath test and are determined to have an alcohol consumption of .02 or more, or found guilty of possession, they would be fined a minimum of $300 by the courts and those funds would be deposited in the general fund, and the penalty assessment would be credited to police standards and training, the victim’s assistance fund, and the general fund. Highway fund revenue might be affected if any of these individuals who have their driver licenses suspended pay restoration fees to have their licenses reinstated. Local highway aid would be affected by 12% of the change in highway fund revenue. The Department is unable to determine the exact fiscal impact at this time.
The Judicial Branch states the impact of this bill will result from additional charges of violations of RSA 179:10 resulting from the expansion of the offense from intoxication to consumption of alcohol. In addition, the clerical follow-up necessary to monitor those taking the court-approved alcohol awareness course will add to that impact. The Branch states each additional conviction will add $300 to the general fund, and split $60 between police standards and training, the victim’s assistance fund, and the general fund. The exact fiscal impact cannot be determined at this time.
The Department of Justice states this bill should have no fiscal impact on the department, other than the occasional appeal from a conviction.
The Judicial Council states this bill will have no fiscal impact on indigent defense related expenditures.