HB 248-FN – AS AMENDED BY THE HOUSE
26Mar2009… 0431h
2009 SESSION
09/10
HOUSE BILL 248-FN
AN ACT relative to establishing a single liquor commissioner.
SPONSORS: Rep. McEachern, Rock 16
COMMITTEE: Executive Departments and Administration
This bill replaces the members of the liquor commission with a single liquor commissioner.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26Mar2009… 0431h
09-0798
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to establishing a single liquor commissioner.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Liquor Commission. Amend RSA 176:1 to read as follows:
176:1 Commission. There shall be a state liquor commission [consisting of 3 members] under the executive direction of a liquor commissioner, who shall also be known as the chairman of the liquor commission, appointed by the governor with the consent of the council. [Not more than 2 members shall belong to the same political party. Each member] The liquor commissioner shall hold office for a term of 6 years. If a vacancy shall occur [in the commission], it shall be filled for the remainder of the term. [Any or all of the commissioners] The commissioner may be removed by the governor and council for cause.
2 Chairman; Compensation. Amend RSA 176:2 to read as follows:
176:2 [Chairman] Liquor Commissioner; Compensation. [The chairman of the commission shall be appointed and commissioned as such by the governor with the consent of the council, and his term shall be coterminous with each term of the governor unless his successor shall have been sooner appointed. The expiration or termination of a commission member’s term of office as chairman of the commission shall in no way affect the length of his term as a commission member as established under RSA 176:1.] The annual salary of [each member of the commission] the commissioner shall be as specified in RSA 94:1-a, and the [commissioners] commissioner shall receive [their] his or her reasonable expenses while traveling in the performance of [their] his or her duties, provided that [they] the commissioner shall not be allowed as expenses, travel between [their places] his or her place of residence and [their] the commissioner’s office in Concord, nor shall [they] the commissioner be allowed board or lodging while in Concord. The [chairman of the commission] commissioner shall serve as the representative to the National Alcoholic Beverage Control Association.
3 Requirements. Amend RSA 176:4 to read as follows:
176:4 Requirements. The [members of the commission] commissioner shall devote [their] his or her entire time to the service of the commission. [No member of the commission] The commissioner shall not be directly or indirectly interested in the liquor or beverage business. The compensation and expenses of the [commissioners] commissioner and the expenses of the administration of this chapter shall be paid by the state on the warrant of the governor with the approval of the council.
4 Investigations. Amend RSA 176:9, III to read as follows:
III. [Any member of the commission] The commissioner, assistant, or liquor investigator may enter any place where liquor[,] or beverages[, or tobacco products] are sold or manufactured, at any time, and may examine any license or permit issued or purported to have been issued under the terms of this title. They shall make complaints for violations of this title.
5 Purchases by the Liquor Commission. Amend RSA 176:17 to read as follows:
176:17 Purchases by the Liquor Commission. The liquor commission shall purchase all liquor, wine, and beverages from primary sources. For the purposes of this title, primary source means the manufacturer or producer, whether or not it is within the state. If a primary source is not available, the [commission] commissioner may, if [it] he or she feels it is in the best interests of the state, [vote at its regular meeting to] allow an exemption and shall explain why such exemption has been allowed.
6 Employment Prohibited. Amend RSA 179:21 to read as follows:
179:21 Employment Prohibited. No elected state official, [member of the] liquor [commission] commissioner, or employee of the liquor commission responsible for making recommendations to the commission relative to the purchase of liquor, wine, or beer shall hold a liquor or wine representative license for a period of [1] one year from the date that such person leaves office or terminates such employment.
7 Employment Intervention. Amend RSA 179:22, II to read as follows:
II. It shall be unlawful for the liquor commissioner or any [member or] employee of the commission knowingly to intervene in the selection, employment, or dismissal of any liquor or wine representative, or other agent or employee of any distiller, importer, rectifier, or other holder of a liquor or wine manufacturer license or liquor or wine vendor license.
8 Hearings. Amend RSA 179:56, I to read as follows:
I. The commission shall adopt and publish rules pursuant to RSA 541-A, to govern its proceedings and to regulate the mode and manner of all investigations and hearings before it. The commission shall appoint hearing officers to review enforcement actions by employees of the commission. Any person who is the subject of an enforcement action may request an administrative review or hearing by filing a written request stating the grounds for review within 30 days of the action. Decisions of the hearing officer may be appealed to the liquor commissioner. All hearings before the commission shall be in accordance with RSA 541:A31-36. In any such investigation or hearing the commission shall not be bound by the technical rules of evidence. The commission, or any [member] hearing officer, may subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and may compel, by subpoena, the production of any accounts, books, contracts, records, documents, memoranda, and papers of any kind whatever. Witnesses summoned before the commission shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons issued by any justice of the peace shall have the same effect as though issued for appearance before such court.
9 Transition. The 3-member liquor commission is abolished. The powers, functions, duties, and responsibilities of the members of the liquor commission are transferred to the liquor commissioner appointed pursuant to this act. The governor shall appoint the liquor commissioner within 30 days of the effective date of section 1 of this act.
10 Effective Date. This act shall take effect July 1, 2009.
LBAO
09-0798
Amended 04/06/09
HB 248 FISCAL NOTE
AN ACT relative to establishing a single liquor commissioner.
FISCAL IMPACT:
The New Hampshire Liquor Commission states this bill, as amended by the House (Amendment #2009-0431h), will have an indeterminable effect on state general fund expenditures in FY 2010 and each year thereafter. This bill will no fiscal impact on state, county and local revenues or county and local expenditures.
METHODOLOGY:
The New Hampshire Liquor Commission states this bill replaces the members of the liquor commission with a single liquor commissioner and allows the Commission to appoint hearing officers to review enforcement actions by employees of the Commission. The Commission anticipates it will hire a hearings officer effective July 1, 2009. The Commission states replacing members of the commission with a single liquor commissioner and hiring one hearings officer will change state general fund expenditures as follows:
|
FY 2010 |
FY 2011 |
FY 2012 |
FY 2013 |
Commissioner I Salary and Benefits |
($111,184) |
($111,184) |
($111,184) |
($111,184) |
Commissioner II Salary and Benefits |
($116,263) |
($116,263) |
($116,263) |
($116,263) |
Total Decrease In Expenditures |
($227,447) |
($227,447) |
($227,447) |
($227,447) |
Hearings Officer (LG 26) |
$53,138 |
$55,497 |
$57,935 |
$60,567 |
Benefits |
$23,907 |
$25,620 |
$27,458 |
$29,461 |
Equipment, current expense, in-state travel |
$10,000 |
$2,000 |
$2,000 |
$2,000 |
Total Increase In Expenditures |
$87,045 |
$83,117 |
$87,393 |
$92,028 |
Net Impact On State Expenditures |
($140,402) |
($144,330) |
($140,054) |
($135,419) |
The Commission states it is likely the elimination of two commissioner positions will require additional management positions to assist the remaining commissioner, such as a deputy commissioner positions or additional hearings officers. However, as the Commission is not sure whether or how many additional positions may be required, the fiscal impact cannot be determined at this time.
This bill does not contain an appropriation.