Bill Text - SB181 (2010)

(2nd 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: July 8, 2010, midnight

CHAPTER 248

SB 181-FN-A – FINAL VERSION

01/21/10 0181s

13May2010… 1863h

06/02/10 2297CofC

2010 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.┬áKelly, 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 Ten

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:

248:1 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.

248:2 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.

248:3 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.

248:4 Effective Date. This act shall take effect upon its passage.

Approved: July 2, 2010

Effective Date: July 2, 2010

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