HB1610 (2012) Detail

Relative to lowering the legal drinking age to 19 for active duty members of the armed forces.


HB 1610-FN – AS INTRODUCED

2012 SESSION

12-2765

03/09

HOUSE BILL 1610-FN

AN ACT relative to lowering the legal drinking age to 19 for active duty members of the armed forces.

SPONSORS: Rep. Sapareto, Rock 5; Rep. Baldasaro, Rock 3; Rep. Tamburello, Rock 3; Rep. Fredette, Hills 1

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill lowers the legal drinking age to 19 for active duty members of the armed forces.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2765

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to lowering the legal drinking age to 19 for active duty members of the armed forces.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Statutory Construction; Legal Drinking Age. Amend RSA 21 by inserting after section 50 the following new section:

21:51 Legal Drinking Age. “Legal drinking age” means:

I. Except as provided in paragraph II, 21 years of age.

II. Nineteen years of age for a member of the armed forces, stationed in this state on active duty, if the state obtains a federal waiver or participates in a federal pilot program allowing the state to lower the legal drinking age to 19 years of age for members of the armed forces, stationed in this state on active duty, without subjecting the state to withholding of federal highway aid as specified in 23 U.S.C. section 158.

2 New Paragraph; Duties of Commissioner of the Department of Transportation; Publication of Notice. Amend RSA 21-L:4 by inserting after paragraph VI the following new paragraph:

VII. If the state obtains a federal waiver or participates in a federal pilot program, as described in RSA 21:51, II, publish notice in newspapers of general circulation in every county of the state describing the waiver or the pilot program, its effect on the legal drinking age in this state, and the duration, if any, of the waiver or pilot program. The commissioner shall also provide for similar notice to be published by the office of legislative services in the rulemaking register and shall certify the publication of notice to the secretary of state.

3 Alcoholic Beverages; Food Products. Amend RSA 175:5-a, II to read as follows:

II. It shall be unlawful for any person to sell or cause or procure to be sold any edible food product containing not less than ½ of one percent alcohol by volume, at 60 degrees Fahrenheit, to any person under the legal drinking age [of 21].

4 Liquor Licenses; Training. Amend RSA 178:2, III to read as follows:

III. The commission shall develop and provide a training program which shall include, but not be limited to, information on state law, alcohol sales practices, criminal and civil liability, and management practices which are intended to reduce access to alcohol by persons under the legal drinking age [of 21] and overservice of alcohol to patrons.

5 Liquor Manufacturer License; Samples. Amend RSA 178:6, IV to read as follows:

IV. A liquor manufacturer may provide to visitors at its facility samples of liquor for tasting. Samples shall not exceed ½ ounce, and shall not be provided to any persons under [21 years of] the legal drinking age.

6 Nano Brewery. Amend RSA 178:12-a, III(d) to read as follows:

(d) The licensee shall not allow any beverage or liquor to be served or sold to any person under the legal drinking age [of 21] on the premises.

7 Alcoholic Beverages; Prohibited Sales. Amend RSA 179:5 to read as follows:

179:5 Prohibited Sales.

I. No licensee, salesperson, direct shipper, common carrier, delivery agent, nor any other person, shall sell or give away or cause or allow or procure to be sold, delivered, or given away any liquor or beverage to a person under the legal drinking age [of 21] or serve an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated. For all deliveries of packages by common carrier or delivery agent marked “alcoholic beverages” or “alcoholic products,” the carrier shall obtain an adult signature. A licensed carrier shall not transport any liquor, wine, or beverage that has been identified by the commission as originating from a person who does not hold a valid New Hampshire direct shipper permit, provided that such identification has first been provided to and received by the licensed carrier in writing. The commission shall notify carriers by mail on a monthly basis of the identity of unauthorized shippers, which notification shall be effective 15 days after such mailing.

II. No licensee, manager, or person in charge of a licensed premises shall allow or permit any individual, who is under the legal drinking age [of 21], to possess or consume any liquor or beverage on the licensed premises.

8 Alcoholic Beverages; Sales. Amend RSA 179:6 through RSA 179:8 to read as follows:

179:6 Sale of Cider to Persons Under [21] the Legal Drinking Age. Notwithstanding any other provisions of this chapter, it shall be unlawful for any person to sell or cause or allow or procure to be sold to any person under [21 years of] the legal drinking age, cider containing not less than 1/2 of one percent of alcohol by volume at 60 degrees Fahrenheit.

179:7 Sales to Persons Under [21] the Legal Drinking Age. The establishment of all the following facts by a person making a sale of liquor or beverage to a person under the legal drinking age [of 21] shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:

I. That the person falsely represented in writing and supported by some official document that he or she was [21 years of] the legal drinking age or over;

II. That the appearance of the person was such that an ordinary and prudent person would believe him or her to be [21 years of] the legal drinking age or over; and

III. That the sale was made in good faith relying upon such written representation and appearance in the reasonable belief that the person was actually [21 years of] the legal drinking age or over.

179:8 Statement From Purchaser as to Age.

I. For the purposes of RSA 179:7, any person making the sale of beverages or liquor to any person whose age is in question shall require the purchaser to furnish any of the following documentation that such person is [21 years of] the legal drinking age or over:

(a) A motor vehicle driver’s license issued by the state of New Hampshire, or a valid driver’s license issued by another state, or province of Canada, which bears the date of birth, name, address, and picture of the licensee.

(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, or any picture identification card issued by another state which bears the date of birth, name, and address of the individual.

(c) An armed services identification card.

(d) A valid passport from a country with whom the United States maintains diplomatic relations.

II. Photographic identification presented under this section shall be consistent with the appearance of the person, and shall not be expired and shall be correct and free of alteration, erasure, blemish, or other impairment.

9 Unlawful Possession or Attempt to Purchase Alcohol. Amend RSA 179:10 and RSA 179:10-a to read as follows:

179:10 Unlawful Possession and Intoxication.

I. Except as provided in RSA 179:23, any person under the legal drinking age [of 21 years] who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Except for persons convicted on the basis of intoxication, any person under the legal drinking age [of 21 years] convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

179:10-a Attempt to Purchase Alcohol. Notwithstanding any other law to the contrary, any person under the legal drinking age [of 21 years], who possesses beverage or liquor with the intent to purchase said beverage or liquor, and who does or omits to do anything which, under the circumstances as such person believes them to be, is an act or omission constituting a substantial step towards the purchase of an alcoholic beverage shall be guilty of a violation.

10 Hunting While Intoxicated. Amend RSA 214:20, II to read as follows:

II. While such person has an alcohol concentration of 0.08 or more or in the case of a person under the legal drinking age [of 21], 0.02 or more.

11 Evidence. Amend RSA 214:20-c to read as follows:

214:20-c Evidence. Upon complaint, information, indictment, or trial of any person charged with a violation of RSA 214:20 or 214:20-a, the court may admit evidence of the defendant’s alcohol concentration, as defined in RSA 259:3-b, as shown by a chemical analysis of his or her breath, urine, or blood. Evidence that there was, at the time alleged, an alcohol concentration of 0.03 or less is prima facie evidence that the defendant was not under the influence of intoxicating liquor. Evidence that the defendant had, at the time alleged, an alcohol concentration of greater than 0.03 but less than 0.08 is relevant evidence but is not to be given prima facie effect in indicating whether or not the defendant was under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. Evidence that there was, at the time alleged, an alcohol concentration of 0.08 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. In the case of a person under the legal drinking age [of 21] an alcohol concentration of 0.02 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. The [foregoing] provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of intoxicating liquor.

12 Implied Consent. Amend RSA 214:20-d, I to read as follows:

I. Any person who target practices, takes, or attempts to take wildlife in this state by use of a firearm, bow and arrow, crossbow and bolt, or any other weapon, shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether that person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drug, and to chemical infrared molecular absorption or gas chromatograph test or tests of any or any combination of the following: blood, urine, or breath, for the purposes of determining the controlled drug content of the person’s blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was target practicing, hunting, taking, or attempting to take wildlife, while under the influence of intoxicating liquor or controlled drugs or any combination of alcohol or controlled drugs or while having an alcohol concentration of 0.08 or more, or in the case of a person under the legal drinking age [of 21], 0.02 or more. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been hunting, taking, or attempting to take wildlife while under the influence of intoxicating liquor or any controlled drug, or any combination of intoxicating liquor and controlled drug.

13 Informing First-Time Applicants of the DWI and Controlled Drug Laws. Amend RSA 263:6-a to read as follows:

263:6-a Informing First-Time Applicants of the DWI and Controlled Drug Laws. Before issuing a license to any person who has not been previously licensed to drive a motor vehicle in this state, the department shall inform the applicant of the following:

I. It is unlawful to drive with an alcohol concentration of 0.08 or more, or, in the case of a person under [21 years of] the legal drinking age, 0.02 or more.

I-a. It is unlawful for any person to manufacture, possess, have under his or her control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled substance, except as authorized by law.

II. The penalties for violations of the DWI laws.

III. The administrative license suspension penalties for a refusal to take, or a failure to complete, a preliminary breath test or, upon arrest, any physical or chemical test for the purpose of determining a level of alcohol in your system.

IV. The fee for reissuance of a driver’s license after suspension for any of the reasons stated above.

V. The penalties for unlawful transportation of an alcoholic beverage by a person under [21] the legal drinking age.

VI. The penalties for unlawful possession of an alcoholic beverage by a person under [21] the legal drinking age.

VII. Any other information concerning driving responsibility that the director deems necessary.

14 Excess Alcohol Concentration. Amend RSA 265-A:2, I(b)-II to read as follows:

(b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the legal drinking age [of 21], 0.02 or more.

II. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and a controlled drug or drugs, or while such person has an alcohol concentration of 0.08 or more or in the case of persons under the legal drinking age [of 21], 0.02 or more.

15 Aggravated Driving While Intoxicated. Amend the introductory paragraph of RSA 265-A:3, II to read as follows:

II. While having an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21] at the time of the offense, 0.02 or more and, at the time alleged:

16 Implied Consent. Amend RSA 265-A:4 to read as follows:

265-A:4 Implied Consent of Driver or Operator to Submit to Testing to Determine Alcohol Concentration. Any person who drives, operates, or attempts to operate an OHRV, drives or attempts to drive a vehicle upon the ways of this state, or operates or attempts to operate a boat upon the public waters of the state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether such person is under the influence of intoxicating liquor or controlled drugs, and to a chemical, infrared molecular absorption, or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath, for the purpose of determining the controlled drug content of such person’s blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was driving, operating, attempting to operate, or in actual physical control of an OHRV, driving, attempting to drive, or in actual physical control of a vehicle, or operating, attempting to operate, or in actual physical control of a boat while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration in excess of the statutory limits contained in RSA 265-A:2 or RSA 265-A:3. The test or tests shall be administered at the direction of a law enforcement officer, peace officer, or authorized agent having reasonable grounds to believe the person to have been driving, operating, attempting to operate, or in actual physical control of an OHRV, driving or in actual physical control of a vehicle, or operating or in actual physical control of a boat while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more, or in the case of a person under the legal drinking age [of 21], 0.02 or more. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of the report by the agency by certified mail directed to the address shown on such person’s license or other identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by the certified breath testing operator conducting the test. When the incident involves an accident resulting in death or serious bodily injury to any person as provided in RSA 265-A:16, the prerequisites of RSA 265-A:8 shall not apply. Properly trained personnel of the United States Coast Guard may arrest and conduct tests on persons who are believed to be under the influence of intoxicating liquor or controlled drugs, or a combination thereof, and who are in physical control of a boat operating upon the public coastal waters of this state.

17 Preliminary Breath Test. Amend RSA 265-A:15, I to read as follows:

I. Any law enforcement officer, authorized agent, or peace officer, who has been certified by the police standards and training council according to standards for such certification contained in rules adopted by said council pursuant to RSA 541-A, having reasonable grounds to believe that a person has been driving, operating, attempting to operate, or in actual physical control of an OHRV, driving, attempting to drive, or in actual physical control of a vehicle, or operating, attempting to operate, or in actual physical control of a boat upon the public waters of the state while under the influence of intoxicating liquor or controlled drug or while the person’s alcohol concentration was 0.08 or more or in the case of a person under the legal drinking age [of 21], 0.02 or more or in the case of a person licensed to operate and operating a commercial vehicle or operating a commercial vessel and licensed pursuant to RSA 270-E:22 at the time of the offense, 0.04 or more may, without making an arrest, request that such person submit to a preliminary breath test for alcohol concentration to be administered by the officer. The results of any test administered under this section may be introduced into evidence in a court for any relevant purpose. Failure to submit to the test shall not constitute a violation of this chapter. Evidence of a failure to submit to a preliminary breath test shall not be admissible in court in any prosecution under this subdivision, except for the purpose of determining whether the officer had probable cause to arrest the person. The provisions of this section shall not limit the introduction of any other competent evidence bearing on the question of whether a person charged with violating RSA 265-A:2, I(a), RSA 265-A:2, II, or RSA 265-A:3 was under the influence of intoxicating liquor or any controlled drug. Nothing contained in this section shall be construed to prevent or require a subsequent test pursuant to RSA 265-A:4. The police officer requesting the test shall advise orally the person to be tested that his or her failure to take the test or his or her taking of the test shall not be construed to prevent or require a subsequent test pursuant to RSA 265-A:4. The results of the test shall be furnished immediately to the person tested by the police officer administering the test and in writing, if requested.

18 Penalties. Amend RSA 265-A:18, III to read as follows:

III. Any person who is convicted of an offense under RSA 265-A:2, I, RSA 265-A:3, or RSA 630:3, II and the offense occurred while the person was under the legal drinking age [of 21] shall be sentenced according to the provisions of this section, except that in all cases the person’s driver’s license or privilege to drive shall be revoked for not less than one year.

19 Administrative License Suspension. Amend RSA 265-A:30, I to read as follows:

I. If any person refuses a test as provided in RSA 265-A:14 or submits to a test described in RSA 265-A:4 which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21] at the time of the violation, 0.02 or more, the law enforcement officer shall submit a sworn report to the department. In the report the officer shall certify that the test was requested pursuant to RSA 265-A:4 and that the person refused to submit to testing or submitted to a test which disclosed an alcohol concentration of 0.08 or more, or, in the case of a person under the legal drinking age [of 21], 0.02 or more.

20 Administrative License Suspension. Amend the introductory paragraph of RSA 265-A:30, II(b) to read as follows:

(b) In the case of a person who submits to a test described in RSA 265-A:4 which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the legal drinking age [of 21] at the time of the violation, 0.02 or more, the suspension shall be for:

21 Administrative Review and Hearings. Amend RSA 265-A:31, II(d) to read as follows:

(d) Whether the person has refused to submit to the test upon the request of the law enforcement officer or whether a properly administered test or tests disclosed an alcohol concentration of 0.08 or more, or, in the case of a person under [21 years of] the legal drinking age, 0.02 or more;

22 Transportation of Alcoholic Beverages by a Minor. Amend RSA 265-A:45, I-II to read as follows:

I. Notwithstanding RSA 265-A:44, II, no driver under the legal drinking age [of 21] shall, except when accompanied by a parent, legal guardian, or legal age spouse, transport any liquor or beverage in any part of a vehicle. A driver violating this section may have his or her license or privilege to drive suspended for 60 days.

II. No person operating a boat while under the legal drinking age [of 21] shall, except when accompanied by a parent, legal guardian, or legal age spouse, transport any liquor or beverage in any part of a boat with an intent to consume such liquor or beverage. Anyone violating this paragraph may, following a hearing, have his or her privilege to operate a boat on the waters of the state suspended for 90 days and may additionally have his or her license or privilege to drive suspended for 90 days.

23 Ejection of Guests. Amend RSA 353:3-c, II(b) to read as follows:

(b) Is less than [21 years of] the legal drinking age and possesses alcohol;

24 Facilitating a Drug or Underage Alcohol House Party. Amend RSA 644:18 to read as follows:

644:18 Facilitating a Drug or Underage Alcohol House Party.

I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the legal drinking age [of 21] possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.

II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.

III. In this section, “drug or underage alcohol house party” means a gathering of 5 or more people under the legal drinking age [of 21] at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the legal drinking age [of 21] unlawfully possesses or consumes an alcoholic beverage or controlled drug. “Occupied structure” has the same meaning as in RSA 635: 1, and “dwelling” and “curtilage” have the same meaning as in RSA 627:9.

IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician’s care where the use of the drug is consistent with the directions of a physician.

25 Effective Date. This act shall take effect January 1, 2013.

LBAO

12-2765

12/15/11

HB 1610-FN - FISCAL NOTE

AN ACT relative to lowering the legal drinking age to 19 for active duty members of the armed forces.

FISCAL IMPACT:

    The Department of Transportation states this bill will increase state highway fund expenditures by $2,547 in FY 2013 and each year thereafter. The Liquor Commission states this bill may increase state liquor commission fund expenditures by an indeterminable amount in FY 2013 and each year thereafter. The Department of Safety states this bill will have an indeterminable fiscal impact on state and local revenue and expenditures in FY 2013 and each year thereafter. There will be no fiscal impact on county revenue or expenditures.

METHODOLOGY:

    The Department of Transportation states this bill lowers the legal drinking age for members of the armed forces stationed in the State to 19. The Department states the proposed legislation is dependent on the state’s ability to obtain a federal waiver, or participate in a federal pilot program allowing the state to lower the drinking age for members of the armed services, without subjecting the state to the withholding of federal highway aid as specified in 23 USC section 158. The Department notes 23 USC section 158 does not allow for a waiver or a federal pilot program. In the event a waiver or pilot program is established for the state, the proposed legislation then requires the Department to publish notice, in newspapers of general circulation, in every county of the state describing the waiver or pilot program, its effect on the legal drinking age in the state, and the duration of the waiver or pilot program. The Department states the staff costs associated with the coordination of the required federal waiver, or establishment of a pilot program, and the associated efforts required to draft and publish notifications would be less than one full time equivalent and could be absorbed within the current budget. However, for purposes of estimating the fiscal impact of the proposed legislation, the Department assumes the waiver or pilot program would require public notice once per year, increasing states highway fund expenditures by $2,547 in FY 2013 and each year thereafter.

    The State Liquor Commission states the proposed legislation specifies the drinking age would be lowered only for members of the armed forces, stationed in this state, and on active duty. Based on this language, the Commission assumes the drinking age would not be lowered for active service members stationed outside of the state or for military reservists or New Hampshire National Guard members not on active duty. The Commission states this particular aspect of the proposed legislation would make enforcement efforts more difficult and therefore more costly as identification of legal versus non-legal drinkers may become more difficult to determine. The Commission is unable to quantify to what extent the proposed legislation would increase the difficulty of, or need for, liquor enforcement efforts, but claims any increase would result in an indeterminable increase in state liquor commission fund expenditures.

    The Department of Safety states the full impact of decreasing the legal drinking age from 21 to 19 years old for active duty members of the armed forces stationed in this state to determine the fiscal impact on expenditures and revenue. The Department states with the lowering of the drinking age there may be fewer prosecutions for underage alcohol related offenses which may decrease some expenditures and revenue, however incidents of driving while intoxicated, arrests, accidents, and an increase in fatalities related to alcohol related offenses may increase, increasing expenditures and revenue. In addition, many local governments have ordinances for underage alcohol related offenses for which some revenue may be lost as a result of lowering the legal drinking age for this small segment of the population.

    The New Hampshire Municipal Association state the proposed legislation will have no fiscal impact.