Bill Text - HB686 (2013)

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


Revision: June 14, 2013, midnight

HB 686 – VERSION ADOPTED BY BOTH BODIES

27Mar2013… 1029h

05/23/13 1608s

05/23/13 1799s

5June2013… 2046EBA

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

5June2013… 2046EBA

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 05/29/13

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 Senate (Amendments #2013-1608s and #2013-1799s), will have no fiscal impact on state, county, and local revenues or expenditures.

METHODOLOGY:

    The Liquor Commission states this bill limits existing exemptions to certain state purchasing requirements currently afforded to the Commission under RSA 21-I:18, I(b) and requires the Commission to have certain contracts in excess of $10,000 reviewed by the attorney general and approved by the governor and council prior to execution. The Commission states the proposed legislation will have no fiscal impact on state, county, and local expenditures or revenues.