HB 585-FN-A - AS AMENDED BY THE HOUSE
18Feb2015… 0305h
20Jan2016... 2403h
20Jan2016... 0108h
2015 SESSION
\t15-0099
\t03/09
HOUSE BILL\t\t585-FN-A
AN ACT\trelative to penalty assessments.
SPONSORS:\tRep. Cushing, Rock 21; Rep. Pantelakos, Rock 25
COMMITTEE:\tCriminal Justice and Public Safety
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AMENDED ANALYSIS
\tThis bill establishes a penalty assessment for violation of alcoholic beverage laws.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18Feb2015… 0305h
20Jan2016... 2403h
20Jan2016... 0108h
\t15-0099
\t03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT\trelative to penalty assessments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Findings and Intent. The general court finds that the abuse and misuse of alcohol and violations of the laws governing alcoholic beverages result in negative social behavior that imposes substantial costs to the state and the community, including alcohol being a factor in some instances of domestic abuse and criminal activity. It is necessary and appropriate for the state to assess a penalty for violation of provisions of laws governing alcoholic beverages with the intent to use proceeds from the penalty assessment to compensate for the state expenses associated with protecting victims of crime, assisting victims to recover from their victimization, and treating and preventing alcohol abuse.
\t2 New Subparagraph; General Revenue Exceptions. Amend RSA 6:12, I(b) by inserting after subparagraph (330) the following new subparagraph:
\t\t\t\t(331) Moneys received pursuant to RSA 179:64, which shall be deposited in accordance with RSA 179:64, IV.
\t3 New Section; Penalty Assessment; Waiver of Penalty. Amend RSA 179 by inserting after section 63 the following new section:
\t179:64 Penalty Assessment; Waiver of Penalty.
\t\tI. The commission shall levy a penalty assessment of $12 or 24 percent, whichever is greater, on each fine or penalty imposed by the commission for a violation of RSA title XIII.
\t\tII. If multiple offenses are involved, the penalty assessment shall be imposed on the total fine.
\t\tIII. If a fine is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.
\t\tIV. The commission shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit 33 1/3 percent of the amount collected in the victims’ assistance fund, 33 1/3 percent of the amount collected in the special fund for domestic violence programs, and 33 1/3 percent of the amount collected in the alcohol abuse prevention and treatment fund.
\t\tV. If it is determined by the commission that the payment of all or any part of a penalty assessment would work a hardship on the person convicted or on such person’s immediate family, the commission may suspend the payment of all or any part of the assessment.
\t4 Fines. Amend RSA 179:61, I to read as follows:
\t\tI. All fines imposed by any court and collected for the violation of the provisions of this title shall be paid to the treasurer of the state, county, or town, the officials of which instituted the prosecution. None of the funds collected for violations shall be expended by a political subdivision without approval of the legislative body of the political subdivision.
\t5 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t15-0099
\t\t\t\t\t\t\t\t\t\t\tAmended 1/29/16
HB 585-FN-A- FISCAL NOTE
AN ACT\t(New Title) relative to penalty assessments.
FISCAL IMPACT:
The Liquor Commission, Department of Justice, and Department of Health and Human Services state this bill, as amended by the House (Amendments #2015-2403h and #2016-0108h), will increase state restricted revenue and expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on county or local revenue and expenditures.
METHODOLOGY:
The Liquor Commission states this bill would require the Commission to collect a penalty assessment of $12 or 24%, whichever is greater, on each administrative fine imposed against license holders. The Commission estimates this bill will result in less than $25,000 in revenue being generated by the penalty assessment on each administrative fine imposed against license holders.
The Department of Justice states this bill will direct 33% of any penalty assessment revenue collected as a result of this bill to the victims’ assistance fund, the special fund for domestic violence programs and the alcohol abuse prevention and treatment fund. The Department has no information to determine the amount of revenue that might be collected from the penalty assessment for the three identified funds. The Department assumes any additional revenue will be expended for victims’ assistance needs.
The Department of Health and Human Services states this bill will increase revenue to the alcohol abuse prevention and treatment fund by an indeterminable amount. The Department assumes it will expend any increased revenue to meet alcohol abuse prevention and treatment needs.