HB1415 (2014) Detail

(New Title) establishing a robotics education fund in the department of education, relative to liquor manufacturers and rectifiers and samples of alcoholic beverages, and establishing a commission to review and consider alcoholic beverage manufacturing processes and retail sales at manufacturing facilities.


HB 1415-FN – VERSION ADOPTED BY BOTH BODIES

05/15/14 1879s

4Jun2014… 1992CofC

2014 SESSION

14-2156

04/05

HOUSE BILL 1415-FN

AN ACT establishing a robotics education fund in the department of education, relative to liquor manufacturers and rectifiers and samples of alcoholic beverages, and establishing a commission to review and consider alcoholic beverage manufacturing processes and retail sales at manufacturing facilities.

SPONSORS: Rep. Major, Rock 14; Rep. Almy, Graf 13; Rep. Davis, Merr 20; Rep. Borden, Rock?24; Rep. Rappaport, Coos 1; Rep. Introne, Rock 5; Rep. L. Ober, Hills 37; Sen.?Stiles, Dist 24; Sen. D’Allesandro, Dist 20; Sen. Larsen, Dist 15

COMMITTEE: Education

AMENDED ANALYSIS

This bill:

I. Establishes a robotics education fund.

II. Allows a licensed rectifier to provide samples of liquor to visitors at its facility or to other licensees.

III. Establishes annual restrictions on alcoholic beverage samples.

IV. Establishes a commission to review and consider alcoholic beverage manufacturing processes and retail sales at manufacturing facilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/15/14 1879s

4Jun2014… 1992CofC

14-2156

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT establishing a robotics education fund in the department of education, relative to liquor manufacturers and rectifiers and samples of alcoholic beverages, and establishing a commission to review and consider alcoholic beverage manufacturing processes and retail sales at manufacturing facilities.

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

1 New Subdivision; Robotics Education Fund. Amend RSA 188-E by inserting after section 23 the following new subdivision:

Robotics Education Fund

188-E:24 Robotics Education Fund Established. There is established in the office of the state treasurer a nonlapsing fund to be known as the robotics education fund to be administered by the commissioner of the department of education, which shall be kept distinct and separate from all other funds. All moneys in the robotics education fund shall be continually appropriated to the commissioner of the department of education for the purpose of providing funding to school districts for the development of robotics teams, encouraging participation in robotics competitions, and to make robotics available to more public high school students. The commissioner is authorized to accept any gifts, grants, donations, or other funding from any source and shall deposit all such revenue received in the robotics education fund. For the biennium ending June 30, 2015, the commissioner shall disburse funds pursuant to this section not to exceed $100,000 per fiscal year. Each fiscal year thereafter, the commissioner shall disburse funds pursuant to this section up to the amount of funds available.

2 New Subparagraph; Application of Receipts; Robotics Education Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (316) the following new subparagraph:

(317) The robotics education fund established in RSA 188-E:24.

3 Liquor Manufacturer; Sample Fee. Amend RSA 178:6, VI to read as follows:

VI. Each liquor manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under paragraph III and samples distributed under paragraph IX and shall pay to the commission monthly a fee equal to 8 percent of such sales or 8 percent of the retail value of such samples on or before the tenth day of the month following the sale or the sample distribution.

4 New Paragraph; Liquor Manufacturer; Distribution of Samples. Amend RSA 178:6 by inserting after paragraph VIII the following new paragraph:

IX. Each liquor manufacturer selling no more than the equivalent of 3,000 9-liter cases of liquor per year at its licensed manufacturing facility shall have the right to distribute samples directly to on-premises and agency store licensees for tasting on the licensed premises in accordance with RSA 179:44.

5 Samples Provided for Tasting. Amend RSA 179:31, II to read as follows:

II.(a) Manufacturers, wholesale distributors, rectifiers, or wine and liquor vendors or their salespersons may distribute samples of their products to licensees for purposes of tasting. The following restrictions shall apply:

[(a) Beer samples shall not exceed one 6-pack.

(b) Wine samples shall not exceed 2 750 ml. bottles.

(c) Liquor samples shall not exceed one 750 ml. bottle.

(d) Wine coolers samples shall not exceed one 4-pack, or the product’s normal marketing unit.]

[(e)] (1) All liquor or wine for this purpose shall be purchased from the commission, except as provided in RSA 178:6, VI, RSA 178:6, IX, RSA 178:7, V, and RSA 178:7, VI. The cost shall be no more than the commission’s original cost paid by the commission plus 8 percent.

[(f)] (2) All beverage, wine, or liquor samples may be added to the retailer’s inventory for sale.

[(g)] (3) All beverage furnished as samples shall be considered sales for the requirements of RSA 178:26.

(b) Total samples distributed under this paragraph by any manufacturer, wholesale distributor, rectifier, or wine or liquor vendor or their salespersons shall not exceed the following in any calendar year per licensee:

(1) One 6-pack of beer.

(2) Two 750 ml. bottles of wine.

(3) One 750 ml. bottle of liquor.

(4) One 4-pack, or the product’s normal marketing unit, of wine coolers.

6 Free Drinks. Amend RSA 179:44 to read as follows:

179:44 Free Drinks.

I. No licensee shall give away free drinks to customers, patrons, members, or guests, in any manner.

II. Notwithstanding [the above] paragraph I, beverage manufacturers, liquor manufacturers, rectifiers, beverage vendors, brew pubs, wholesale distributors and their liquor or wine vendors, their liquor and wine representatives, domestic wine manufacturers, and on-premises and off-premises licensees may conduct beverage, liquor, or wine tasting, as applicable, on licensed premises. Liquor, beverage, or wine tasting shall be conducted only during such hours as are authorized by the commission for the sale of the product on the premises.

III. Liquor, beverage, or wine samples shall be consumed on the premises, and, except for wine samples provided by wine manufacturers and liquor samples provided by liquor manufacturers in accordance with RSA 178:6, IX and rectifiers in accordance with RSA 178:7, V, liquor or wine for this purpose shall be purchased from the commission under conditions prescribed by this title. Beverage samples for a tasting shall only be obtained as prescribed by this title.

IV. The commission may adopt rules, pursuant to RSA 541-A, establishing the criteria and procedures for liquor, beverage, and wine tasting within the state.

V. All samples furnished for tasting shall be considered sales for the requirements of RSA 178:26, RSA 178:6, VI, and RSA 178:7, VI.

7 New Paragraphs; Rectifier; Samples. Amend RSA 178:7 by inserting after paragraph III the following new paragraphs:

IV. A rectifier may provide a reasonable number of samples of liquor for tasting to a visitor at its licensed rectifier facility. Samples shall not exceed 1/2 ounce, and shall not be provided to any person under 21 years of age.

V. A rectifier producing no more than the equivalent of 3,000 9-liter cases of liquor per year at its licensed rectifier facility shall have the right to distribute samples directly to on-premises and agency store licensees for tasting on the licensed premises in accordance with RSA 179:44.

VI. Each rectifier shall maintain records and prepare reports for the commission which shall indicate the samples distributed under paragraph V and shall pay to the commission monthly a fee equal to 8 percent of the retail value of such samples on or before the tenth day of the month following the sample distribution.

8 New Section; Commission to Review and Consider Alcoholic Beverage Manufacturing Processes and Retail Sales at Manufacturing Facilities. Amend RSA 175 by inserting after section 8 the following new section:

175:9 Commission to Review and Consider Alcoholic Beverage Manufacturing Processes and Retail Sales at Manufacturing Facilities.

I. There is established a commission to review and consider alcoholic beverage manufacturing processes and retail sales at manufacturing facilities.

II. The members of the commission shall be as follows:

(a) One member 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.

(c) One representative of the New Hampshire Lodging and Restaurant association, appointed by the association.

(d) One representative of a nano brewery licensee, appointed by the speaker of the house of representatives.

(e) One representative of a liquor manufacturer licensee, appointed by the speaker of the house of representatives.

(f) One representative of a wine manufacturer licensee, appointed by the governor.

(g) One representative of a rectifier licensee, appointed by the president of the senate.

(h) The liquor commissioner, or designee.

(i) One representative of a wholesale distributor licensee, appointed by the president of the senate.

(j) One representative of a liquor and wine vendor licensee, appointed by the governor.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum.

V. The commission shall review and consider alcoholic beverage manufacturing processes and retail sales at manufacturing facilities. The commission shall report 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 on or before November 1, 2014.

9 Repeal. RSA 175:9, relative to the commission to review and consider alcoholic beverage manufacturing processes and retail sales at manufacturing facilities, is repealed.

10 Effective Date.

I. Sections 1-5 of this act shall take effect 60 days after its passage.

II. Section 9 of this act shall take effect November 1, 2014.

III. The remainder of this act shall take effect upon its passage.

LBAO

14-2156

Amended 05/28/14

HB 1415-FN FISCAL NOTE

AN ACT establishing a robotics education fund in the department of education, relative to liquor manufacturers and rectifiers and samples of alcoholic beverages, and establishing a commission to review and consider alcoholic beverage manufacturing processes and retail sales at manufacturing facilities.

FISCAL IMPACT:

    The Department of Education and Liquor Commission state this bill, as amended by the Senate (Amendment #2014-1879s), will have an indeterminable impact on state revenues and expenditures in FY 2015 and each year thereafter. There will be no impact on county and local revenues or expenditures.

METHODOLOGY:

    The Department of Education states this bill establishes a continually appropriated dedicated fund, known as the Robotics Education Fund, for the purpose of providing funding, which is to be raised through gifts, grants, donations or any other source, to local school districts for robotics related activities. The Department states there are many sources, both federal and private, that could be accessed for this purpose. The Department estimates the following fund activity under this bill:

?

FY 2015

FY 2016

FY 2017

FY 2018

Fund Revenue

$125,000

$150,000

$150,000

$150,000

Fund Expenditures

$100,000

$100,000

$100,000

$100,000

    The Department assumes local school district will expend all proceeds received from the Robotics Education Fund in the fiscal year in which it is received.

    The Liquor Commission states this bill makes changes to laws related to liquor manufacturers and the sampling of alcoholic beverages. The Commission states there is one rectifier and four manufacturers licensed in the state, with several rectifier and manufacturer licenses in process. The Commission states it loses approximately 22 percent of its gross profit on sales conducted at the facility. The Commission has no information to determine the impact on revenue as it does not have information on how much product would be sold from the existing licensees or how many more rectifier or manufacturer licenses will be approved to determine the impact on revenue.