Revision: June 10, 2016, midnight
\t \t\tSB 522-FN-A - VERSION ADOPTED BY BOTH BODIES
02/04/2016 0368s
06/01/2016 2040CofC
06/01/2016 2149EBA
2016 SESSION
\t16-2964
\t10/09
SENATE BILL\t522-FN-A
AN ACT\tmaking an appropriation to the office of professional licensure and certification for technology upgrades for the controlled drug prescription health and safety program and relative to the forfeiture of property.
SPONSORS:\tSen. Bradley, Dist 3; Sen. Birdsell, Dist 19; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. Cataldo, Dist 6; Sen. D'Allesandro, Dist 20; Sen. Forrester, Dist 2; Sen. Fuller Clark, Dist 21; Sen. Kelly, Dist 10; Sen. Lasky, Dist 13; Sen. Little, Dist 8; Sen. Morse, Dist 22; Sen. Prescott, Dist 23; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Hinch, Hills. 21; Rep. Shurtleff, Merr. 11; Rep. Rosenwald, Hills. 30; Rep. L. Ober, Hills. 37
COMMITTEE:\tFinance
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AMENDED ANALYSIS
This bill:
\tI. Makes an appropriation to the office of professional licensure and certification for technology upgrades for the controlled drug prescription health and safety program.
\tII. Limits forfeiture to cases in which, after a criminal conviction, the state has found by clear and convincing evidence that the property was derived from, or used in, the commission of a crime. The proceeds from forfeiture cases would continue to be deposited in the drug forfeiture fund.
\tIII. Requires the attorney general to provide an annual, detailed accounting of grants and expenditures from the drug forfeiture fund.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/04/2016 0368s
06/01/2016 2040CofC\t16-2964
06/01/2016 2149EBA\t10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tmaking an appropriation to the office of professional licensure and certification for technology upgrades for the controlled drug prescription health and safety program and relative to the forfeiture of property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Appropriation; Office of Professional Licensure and Certification; Controlled Drug Prescription Health and Safety Program. The sum of $130,000 is hereby appropriated to the office of professional licensure and certification for the biennium ending June 30, 2017 for the purposes of technology upgrades for the controlled drug prescription health and safety program, established in RSA 318-B:32. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
\t2 New Section; Property Subject to Forfeiture. Amend RSA 617 by inserting after section 1 the following new section:
\t617:1-a Criminal Forfeiture; Property Subject to Forfeiture.
\t\tI. Subsequent to a criminal conviction pursuant to a statute that authorizes forfeiture, including but not limited to RSA 318-B:17-b, the court may order the person convicted to forfeit:
\t\t\t(a) Property the person derived from the commission of the crime;
\t\t\t(b) Property directly traceable to property derived from the commission of the crime; and
\t\t\t(c) Instrumentalities the person used in the commission of the crime.
\t\tII. When a conviction or agreement of the parties is not possible due to the person’s death, incompetence, unavailability, or not being within the jurisdiction of the court, or the person to be charged cannot be identified, forfeiture proceedings may be commenced.
\t\tIII. Property may be forfeited if the state establishes that the property is forfeitable by clear and convincing evidence.
\t\tIV. Nothing in this section shall prevent property from being forfeited by plea agreement approved by the presiding criminal court or other agreement of the parties.
\t\tV. At the request of any party, the civil portion of the forfeiture proceeding may be stayed by the court.
\t3 New Section; Forfeiture; Innocent Owner. Amend RSA 617 by inserting after section 4 the following new section:
\t617:4-a Innocent Owner. In addition to any other remedy provided by law, any person claiming to be an innocent owner of property seized for purposes of forfeiture may petition the court, after 10 days from the date of seizure, for return of the property. No item or property interest shall be subject to forfeiture unless the alleged innocent owner thereof was a consenting party to the crime. This section shall not apply to property seized as evidence in a pending criminal investigation or prosecution.
\t4 New Section; Disposition of Unclaimed Property and Proceeds. Amend RSA 617 by inserting after section 10 the following new section:
\t617:11 Disposition of Property and Proceeds.
\t\tI. Notwithstanding any other provision of law, at any time when unclaimed property or contraband held for evidentiary purposes is no longer needed for that purpose, the court may order the state to deliver any unclaimed property, other than currency, to the commissioner of the department of administrative services, to deliver any currency to the state treasurer, and to destroy any contraband within 30 days.
\t\tII. If the forfeiture is granted, the court may order the state to deliver any currency to the state treasurer and any other property to the commissioner of the department of administrative services within 30 days. The commissioner of the department of administrative services shall dispose of the forfeited property at public auction.
\t\tIII. Upon motion, the court may order that a portion of the currency seized or proceeds from public auction be used to pay reasonable nonpersonnel expenses of the seizure, storage, and maintenance of custody of any forfeited items.
\t\tIV. The auction proceeds and forfeited currency shall be forwarded to the state treasurer and shall be used first to pay all outstanding recorded liens on the forfeited property, then to comply with an order of the court to pay reasonable nonpersonnel expenses, with all remaining funds to be deposited into the drug forfeiture fund.
\t5 Forfeiture of Items Used in Connection with Drug Offense. Amend RSA 318-B:17-b, II(e) to read as follows:
\t\t\t(e) The department of justice shall, within 60 days of the seizure, [either] file a petition in the superior court having jurisdiction under this section [or seek administrative forfeiture pursuant to RSA 318-B:17-d]. If no such petition is filed [or administrative procedure initiated] within 60 days, the items or property interest seized shall be released or returned to the owners.
\t6 Disposition of Funds Obtained by the Attorney General; Reference to Administrative Forfeiture Removed. Amend RSA 7:6-e, III to read as follows:
\t\tIII. This section shall not apply to fines received by the attorney general in criminal cases, penalty assessment funds, drug forfeiture funds as provided in RSA 318-B:17-b [through RSA 318-B:17-d] and RSA 318-B:17-c, fines or civil penalties authorized by state law as a result of enforcement actions taken by state agencies or the attorney general, and money received on behalf of a victim or the state as restitution.
\t7 Forfeiture of Items Used in Connection with Drug Offense; Reference Change. Amend the introductory paragraph of RSA 318-B:17-b, V to read as follows:
\t\tV. Final orders for forfeiture of property under this section [or under RSA 318-B:17-d] shall be implemented by the department of justice and shall provide for disposition of the items or property interests by the state in any manner not prohibited by law, including retention for official use by law enforcement or other public agencies or sale at public auction. The department of justice shall pay the reasonable expenses of the forfeiture proceeding, seizure, storage, maintenance of custody, advertising, court costs, and notice of sale from any money forfeited and from the proceeds of any sale or public auction of forfeited items. All outstanding recorded liens on said items or property interests seized shall be paid in full upon conclusion of the court proceedings from the proceeds of any sale or public auction of forfeited items. The balance remaining shall be distributed by the department of justice as follows:
\t8 Drug Forfeiture Fund; Reporting Requirement. Amend RSA 318-B:17-c, II to read as follows:
\t\tII. Law enforcement agencies may apply to the department of justice for grants from the forfeiture fund. Such grants shall be utilized exclusively for meeting expenses associated with drug related investigations. The attorney general shall report 60 days after the close of each fiscal year to the governor and council and to the fiscal committee of the general court a [summary] detailed accounting of the grants provided to law enforcement agencies under this paragraph by agency, including the department of safety, and the amount forwarded to the department of health and human services, bureau of drug and alcohol services, for the preceding fiscal year. The attorney general's report shall also include a detailed accounting of the costs of investigations, enforcement programs, and prosecutions paid under paragraph I.
\t9 Repeal. RSA 318-B:17-d, relative to administrative forfeiture of items used in connection with drug offenses, is repealed.
\t\tI. Sections 2-7 and 9 of this act shall take effect January 1, 2017.
\t\tII. The remainder of this act shall take effect upon its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2964
\t\t\t\t\t\t\t\t\t\t\tAmended 2/8/16
SB 522-FN-A - FISCAL NOTE
AN ACT\tmaking an appropriation to the office of professional licensure and certification for technology upgrades for the controlled drug prescription health and safety program.
FISCAL IMPACT:
The Office of Professional Licensure and Certification states this bill, as amended by the Senate (Amendment #2016-0368s), will increase state expenditures by an indeterminable amount in FY 2017. There will be no fiscal impact to state, county, and local revenue or county and local expenditures.
This bill appropriates $130,000 in state general funds for the fiscal year ending June 30, 2017, to the pharmacy board located within the Office of Professional Licensure and Certification for the purposes of this act.
METHODOLOGY:
The Office of Professional Licensure and Certification states this bill appropriates $130,000 for technology upgrades to the controlled drug prescription health and safety program to support mandatory use and enhanced reporting and information gathering. A vendor has estimated the cost of the technology upgrade to system to be approximately $130,000 although the exact cost has not yet been determined and requires further assessment.