Revision: Feb. 9, 2010, midnight
SB 181-FN-A – AS AMENDED BY THE SENATE
01/21/10 0181s
2009 SESSION
03/05
SENATE BILL 181-FN-A
AN ACT repealing the transfer of liquor enforcement to the department of safety and establishing a committee to study the administrative structure and adjudicative process at the liquor commission.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Barnes, Jr., Dist 17; Sen. Downing, Dist 22; Sen. Kelly, Dist 10; Rep. Campbell, Hills 24; Rep. Hunt, Ches 7; Rep. Lerandeau, Ches 6; Rep. Ramsey, Hills 8
This bill repeals the transfer of liquor enforcement to the department of safety scheduled to take effect July 1, 2010. This bill also establishes a committee to study the administrative structure and adjudicative process at the liquor commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/21/10 0181s
09-0853
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT repealing the transfer of liquor enforcement to the department of safety and establishing a committee to study the administrative structure and adjudicative process at the liquor commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. 2009, 144:163 through 144:175, relative to transferring liquor enforcement to the department of safety, are repealed.
2 Committee to Study the Administrative Structure and Adjudicative Process at the Liquor Commission.
I. There is established a committee to study the administrative structure and adjudicative process at the liquor commission.
II. The members of the committee shall be as follows:
(a) Three members of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall study:
(a) Whether the liquor commission should have an executive director rather than a full-time 3-member commission;
(b) How best to ensure impartial review of appeals of licensing and enforcement decisions; and
(c) How best to ensure that the enforcement division is properly supervised, contains its function to that of a regulatory authority, and guards against overly broad interpretation of its function.
V. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
VI. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2010.
3 Effective Date. This act shall take effect upon its passage.
LBAO
09-0853
Amended 02/08/10
SB 181 FISCAL NOTE
AN ACT repealing the transfer of liquor enforcement to the department of safety and establishing a committee to study the administrative structure and adjudicative process at the liquor commission.
FISCAL IMPACT:
The Liquor Commission and Department of Safety state this bill, as amended by the Senate (Amendment #2010-0181s), will not have a fiscal impact on state, county or local revenues or expenditures in FY 2010 and each fiscal year thereafter.
METHODOLOGY:
The Liquor Commission and Department of Safety state this bill repeals the transfer of liquor enforcement to the Department of Safety scheduled to occur July 1, 2010. The Commission and Department state this repeal will maintain current law with liquor enforcement remaining with the Liquor Commission. The only fiscal impact as a result of this bill will be that the funding transfer from the Liquor Commission to the Department of Safety for liquor enforcement will not occur.
The Commission states without this bill it would have transferred $3,374,734 of liquor funds for liquor enforcement from its budget to the Department of Safety’s budget. Additionally, with the transfer of the liquor enforcement personnel to the Department of Safety, the Commission would not have had personnel to conduct the licensing and liquor education functions. The Commission estimated it would need to hire 1 chief of licensing and education (Labor Grade 35), 11 licensing specialists (Labor Grade 16), and 5 liquor educators (Labor Grade 24). The Commission estimated the new positions would increase liquor expenditures by the following:
FY 2011 |
FY 2012 |
FY 2013 |
FY 2014 | |
Chief of Licensing and Education at LG 35 salary |
$69,557 |
$72,852 |
$76,187 |
$79,775 |
Licensing Specialists at LG 16 (11 specialists) |
363,561 |
378,202 |
393,536 |
409,090 |
Liquor Educator at LG 24 (5 educators) |
214,210 |
223,765 |
233,610 |
243,850 |
Benefits |
370,075 |
398,269 |
428,809 |
461,870 |
Office Space/equipment |
18,600 |
18,600 |
18,600 |
18,600 |
Current expenses |
5,100 |
5,100 |
5,100 |
5,100 |
Travel |
13,600 |
13,600 |
13,600 |
13,600 |
Total |
$1,054,703 |
$1,110,388 |
$1,169,442 |
$1,231,885 |