Bill Text - SB181 (2010)

(New title) delaying 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.


Revision: June 3, 2010, midnight

SB 181-FN-A – VERSION ADOPTED BY BOTH BODIES

01/21/10 0181s

13May2010… 1863h

06/02/10 2297CofC

2009 SESSION

09-0853

03/05

SENATE BILL 181-FN-A

AN ACT delaying 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

COMMITTEE: Ways and Means

AMENDED ANALYSIS

This bill delays the transfer of liquor enforcement to the department of safety from July 1, 2010 until July 1, 2011. This bill transfers liquor licensing and liquor education to the department of safety in the same manner that liquor enforcement was transferred under 2009, 144. This bill also establishes a committee to study the administrative structure and adjudicative process at the liquor commission. The committee shall also identify statutory changes that are required to be made for the transfer of liquor licensing and liquor education.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

13May2010… 1863h

06/02/10 2297CofC

09-0853

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT delaying 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 Liquor Enforcement Transfer; Effective Date. Amend 2009, 144:301, VIII to read as follows:

VIII. Sections 163-175 of this act shall take effect July 1, [2010] 2011.

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.(a) The committee shall study:

(1) Whether the liquor commission should have an executive director rather than a full-time 3-member commission;

(2) How best to ensure impartial review of appeals of licensing and enforcement decisions;

(3) 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; and

(4) Whether a liquor commission ombudsman should be appointed and the duties and responsibilities of that office.

(b) The committee shall also identify the appropriate statutory changes required to be made for the transfer pursuant to section 3 of this act and shall include such recommendation in its report.

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 submit a report on or before November 1, 2010 of 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.

3 Liquor Licensing and Education; Transfer. Notwithstanding any provision of law or rule to the contrary, all functions relating to liquor licensing and liquor education shall be transferred to the department of safety in the same manner that the functions relating to enforcement have been transferred pursuant to 2009, 144.

4 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

None