HB 431-FN – AS INTRODUCED
2009 SESSION
08/04
HOUSE BILL 431-FN
AN ACT requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable.
SPONSORS: Rep. Gile, Merr 10; Rep. Davis, Merr 7; Rep. Cooney, Graf 7; Rep. Spaulding, Hills 18; Rep. Skinder, Sull 1; Sen. Roberge, Dist 9; Sen. Carson, Dist 14
COMMITTEE: Commerce and Consumer Affairs
This bill requires the addition of an aversive agent to certain engine coolants to render them unpalatable.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0420
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Sale of Engine Coolants and Antifreeze. Amend RSA 644 by inserting after section 8-f the following new section:
644:8-g Sale of Engine Coolants and Antifreeze.
I. After October 1, 2009, no person may sell or offer to sell in this state any engine coolant or antifreeze that contains more than 10 percent ethylene glycol or propylene glycol unless it includes denatonium benzoate at a minimum of 30 parts per million as a bittering agent within the product so as to render it unpalatable.
II. Notwithstanding paragraph I, an aversive agent other than denatonium benzoate may be used in engine coolant or antifreeze if it meets or exceeds the degree of aversion in test subjects obtained by using the formulation of 30 parts per million of denatonium benzoate in antifreeze.
III. Any manufacturer or packager of engine coolant or antifreeze subject to this section shall maintain a record of the trade name, scientific name, and active ingredients of the bittering agent used pursuant to this section. Information and documentation maintained pursuant to this section shall be furnished to any member of the public upon request.
IV. A manufacturer, distributor, recycler, or seller of any engine coolant or antifreeze that contains more than 10 percent ethylene glycol or propylene glycol and is required to contain an aversive agent under this section shall not liable to any person for any personal injury, death, or property damage that results from the inclusion of denatonium benzoate if the denatonium benzoate is included in ethylene glycol or propylene glycol engine coolant or antifreeze in concentrations mandated by this section.
V. The limitation of liability under paragraph IV shall not apply if the personal injury, death, or property damage described under paragraph IV results from willful or wanton misconduct by the manufacturer, distributor, recycler, or seller of the ethylene glycol or propylene glycol engine coolant or antifreeze.
VI. This section shall not apply to:
(a) The sale of a motor vehicle that contains engine coolant or antifreeze; or
(b) Wholesale containers of 55 gallons or more of antifreeze or engine coolant.
VII. Any person who knowingly violates this section shall be guilty of a class B misdemeanor.
2 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0420
01/13/09
HB 431-FN - FISCAL NOTE
AN ACT requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenues or county and local expenditures.
METHODOLOGY:
This bill requires the addition of an aversive agent to certain engine coolants to render them unpalatable. The Judicial Branch states this bill establishes a class B misdemeanor for violation of the legislation. As such, the Branch states this bill will increase state expenditures by the costs associated with the prosecution of said class B misdemeanors.
The Branch is unable to determine the number of class B misdemeanors that will require prosecution as a result of the proposed legislation, and therefore unable to determine the extent of the proposed legislation’s fiscal impact on state expenditures. However, the Branch notes that in FY 2010, the average cost to the Branch for the prosecution of a class B misdemeanor is $36.89. Accordingly, if the proposed legislation resulted in 272 additional class B misdemeanors, the proposed legislation would increase state expenditures by more than $10,000. The Branch also notes that the possibility of appeals makes the number of cases needed to have a fiscal impact greater than $10,000 fewer than 272.
The Judicial Council states there is no right to counsel for a class B misdemeanor; therefore the proposed legislation has no fiscal impact on the Judicial Council.
The New Hampshire Association of Counties states individuals convicted of a class B misdemeanor may be fined but will not be incarcerated; therefore the proposed legislation has no fiscal impact on the counties.
This bill does not contain an appropriation.