Bill Text - HB686 (2013)

(New Title) relative to approval of liquor commission contracts.


Revision: May 24, 2013, midnight

HB 686 – AS AMENDED BY THE SENATE

27Mar2013… 1029h

05/23/13 1608s

05/23/13 1799s

2013 SESSION

13-1013

01/03

HOUSE BILL 686

AN ACT relative to approval of liquor commission contracts.

SPONSORS: Rep. L. Ober, Hills 37; Rep. Leishman, Hills 24; Rep. M. Nelson, Hills 35; Rep. Rosenwald, Hills 30; Sen. Morse, Dist 22; Sen. Reagan, Dist 17

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

Except as provided in RSA 21-I:18, I(b) and RSA 177:1, this bill requires contracts in excess of $10,000 made, or entered into by the liquor commission to be reviewed by the attorney general and approved by the governor and council before becoming effective.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2013… 1029h

05/23/13 1608s

05/23/13 1799s

13-1013

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to approval of liquor commission contracts.

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

1 Purchase of Supplies; Liquor Commission. Amend RSA 21-I:18, I(b) to read as follows:

(b) The liquor commission is [completely] exempted from the provisions of this chapter, provided that the liquor commission uses competitive bidding when acquiring [consumable] supplies[,] as defined in RSA 21-I:11, I(a), and other materials, goods, and services that are necessary for, incidental to, or related to the operation of [the] liquor commission retail and wholesale operations.

2 New Section; Liquor Commission; Contracts Entered into by the Liquor Commission. Amend RSA 176 by inserting after section 17 the following new section:

176:18 Contracts Entered into by the Liquor Commission. Contracts in excess of $10,000 made, or entered into by, the liquor commission, including but not limited to contracts for warehousing, transportation, and advertising, shall be competitively bid, reviewed by the attorney general, and approved by the governor and council before becoming effective. This section shall not apply to leases of retail stores. If the commission uses competitive bidding, this section shall not apply to design, construction, renovation, relocation, and property management of retail stores, purchase of products for sale in retail stores, purchase of products for sale on a wholesale basis, or purchase of supplies pursuant to RSA 21-I:18, I(b).

3 Liquor Commission; State Stores. Amend RSA 177:1 to read as follows:

177:1 State Stores. The commission may lease, purchase, and equip, in the name of the state, such stores, state-owned warehouses, supplies as defined in RSA 21-I:11, I(a), and other materials, [equipment, products, and other marketing and merchandising requirements for the sale or promotion of liquor and related products as are necessary to carry out the provisions of this chapter] goods, and services as are necessary for, incidental to, or related to the operation of the liquor commission retail and wholesale operations. The commission may lease, in the name of the state, space in state stores for the purpose of installing automated teller machines. No newly established state store shall be operated within 200 feet of any public or private school, church, chapel, or parish house.

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

LBAO

13-1013

Amended 04/03/13

HB 686 FISCAL NOTE

AN ACT relative to approval of liquor commission contracts.

FISCAL IMPACT:

      The Liquor Commission states this bill, as amended by the House (Amendment #2013-1029h), will have an indeterminable impact on state revenue in FY 2014 and each year thereafter. There will be no impact on state, county, and local expenditures, or county and local revenue.

METHODOLOGY:

    This bill requires any lease or contract entered into by the Liquor Commission under RSA 177:1 be approved by the attorney general and, in the case of a contract, the attorney general prior to becoming effective. The Commission states the bill will render the Commission’s activities less efficient by restricting its latitude to renovate and relocate retail stores. The Commission states the bill’s fiscal impact is indeterminable.