HB 632-FN - AS AMENDED BY THE HOUSE
15Feb2017... 0342h
2017 SESSION
17-0659
03/10
HOUSE BILL 632-FN
AN ACT relative to appeals of liquor commission decisions.
SPONSORS: Rep. Fisher, Belk. 9; Rep. Zaricki, Hills. 6; Rep. Schleien, Hills. 37; Rep. Hynes, Hills. 21
COMMITTEE: Commerce and Consumer Affairs
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This bill allows a licensee to request that a decision of the liquor commission be reviewed by a neutral person designated by the circuit court administrative judge.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2017... 0342h 17-0659
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to appeals of liquor commission decisions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Suspension or Revocation; Administrative Fines; Review. Amend RSA 179:57, II to read as follows:
II. Appeals from a decision of the commission shall be in accordance with RSA 541. A licensee may elect, after rehearing or denial of a motion for rehearing, to have a decision reviewed by a neutral person designated by the circuit court administrative judge, as needed, who is not an employee of the commission. The licensee shall pay any fees due to the neutral person. The neutral person may affirm or reverse the decision of the commission, and the decision of the neutral person shall be binding on the licensee and the commission. Within 30 days of the neutral person's decision, the licensee or the commission may appeal by petition to the supreme court.
2 Suspension or Revocation; Administrative Fines; Review. Amend RSA 179:57, II to read as follows:
II. Appeals from a decision of the commission shall be in accordance with RSA 541. [A licensee may elect, after rehearing or denial of a motion for rehearing, to have a decision reviewed by a neutral person designated by the circuit court administrative judge, as needed, who is not an employee of the commission. The licensee shall pay any fees due to the neutral person. The neutral person may affirm or reverse the decision of the commission, and the decision of the neutral person shall be binding on the licensee and the commission. Within 30 days of the neutral person's decision, the licensee or the commission may appeal by petition to the supreme court.]
I. Section 2 of this act shall take effect January 1, 2021.
II. The remainder of this act shall take effect January 1, 2018.
17-0659
1/23/17
HB 632-FN- FISCAL NOTE
as introduced
AN ACT relative to appeals of liquor commission decisions.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Liquor | |||
The Judicial Branch was originally contacted on January 6, 2017 and again on January 18, 2017 for a fiscal note worksheet, which the Branch has not provided as of January 23, 2017.
METHODOLOGY:
This bill permits an individual whose liquor license has been revoked to elect to have a neutral person designated by the Circuit Court administrative judge who is not an employee of the Liquor Commission. Current law specifies that appeals shall be made to the Liquor Commission. The Liquor Commission states this bill may increase state restricted expenditures by an indeterminable amount The Commission assumes they would need to pay a fee to the neutral person reviewing the case. The number of appeals requested and hourly rate of the neutral person cannot be estimated.
AGENCIES CONTACTED:
Liquor Commission and Judicial Branch
| Date | Body | Type |
|---|---|---|
| Feb. 1, 2017 | House | Hearing |
| Feb. 8, 2017 | House | Exec Session |
| Feb. 15, 2017 | House | Floor Vote |
| March 7, 2017 | House | Hearing |
| March 15, 2017 | House | Exec Session |
| March 23, 2017 | House | Floor Vote |
| April 25, 2017 | Senate | Hearing |
| May 18, 2017 | Senate | Floor Vote |
| May 18, 2017 | Senate | Floor Vote |
| May 31, 2017 | Senate | Floor Vote |
May 31, 2017: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/31/2017; SJ 18
May 31, 2017: Sen. French Moved Inexpedient to Legislate; 05/31/2017; SJ 18
May 31, 2017: Ought to Pass: MF, VV; 05/31/2017; SJ 18
May 31, 2017: Committee Amendment # 2017-1699s, AF, VV; 05/31/2017; SJ 18
May 31, 2017: Committee Report: Ought to Pass with Amendment # 2017-1699s, 05/31/2017; SC 25
May 18, 2017: Special Order HB 632-FN to the next session, Without Objection, MA; 05/18/2017; SJ 17
May 18, 2017: Committee Report: Ought to Pass with Amendment # 2017-1699s, 05/18/2017; SC 23
April 25, 2017: Hearing: 04/25/2017, Room 100, SH, 02:00 pm; SC 18
March 23, 2017: Introduced 03/23/2017 and Referred to Commerce; SJ 11
March 23, 2017: Ought to Pass: MA DV 257-95 03/23/2017 HJ 11 P. 17
: Minority Committee Report: Inexpedient to Legislate
March 23, 2017: Majority Committee Report: Ought to Pass for 03/23/2017 (Vote 8-5; RC) HC 16 P. 6
March 15, 2017: Executive Session: 03/15/2017 10:00 AM LOB 208
March 7, 2017: Public Hearing: 03/07/2017 10:00 AM LOB 208
Feb. 15, 2017: Referred to Judiciary 02/15/2017 HJ 7 P. 6
Feb. 15, 2017: Ought to Pass with Amendment 0342h: MA VV 02/15/2017 HJ 7 P. 6
Feb. 15, 2017: Amendment # 2017-0342h: AA VV 02/15/2017 HJ 7 P. 6
Feb. 15, 2017: Committee Report: Ought to Pass with Amendment # 2017-0342h for 02/15/2017 (Vote 21-0; CC) HC 11 P. 7
Feb. 8, 2017: ==RESCHEDULED== Executive Session: 02/08/2017 10:00 AM LOB 302
Feb. 7, 2017: ==CANCELLED== Executive Session: 02/07/2017 01:00 PM LOB 302
Feb. 7, 2017: Subcommittee Work Session: 02/07/2017 11:00 AM LOB 302
Feb. 1, 2017: Public Hearing: 02/01/2017 10:45 AM LOB 302
Jan. 5, 2017: Introduced 01/05/2017 and referred to Commerce and Consumer Affairs HJ 3 P. 22