Revision: May 23, 2018, 2:38 p.m.
HB 1753-FN - VERSION ADOPTED BY BOTH BODIES
6Mar2018... 0604h
04/19/2018 1426s
23May2018... 2035-CofC
2018 SESSION
18-2667
08/05
HOUSE BILL 1753-FN
AN ACT relative to transportation of alcoholic beverages by a minor.
SPONSORS: Rep. Hynes, Hills. 21
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill allows minors to transport alcoholic beverages in a vehicle or boat when accompanied by certain family members.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2018... 0604h
04/19/2018 1426s
23May2018... 2035-CofC 18-2667
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to transportation of alcoholic beverages by a minor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Transportation of Alcoholic Beverages by a Minor. Amend RSA 265-A:45, I-II to read as follows:
I. Notwithstanding RSA 265-A:45, I and II, no driver under the age of 21 shall, except when accompanied by a parent, stepparent, legal guardian, grandparent, step-grandparent, or legal age spouse, domestic partner, or sibling, transport any liquor or beverage in any part of a vehicle. A driver violating this section may have his or her license or privilege to drive suspended for 60 days.
II. No person operating a boat while under the age of 21 shall, except when accompanied by a parent, stepparent, legal guardian, grandparent, step-grandparent, or legal age spouse, domestic partner, or sibling, transport any liquor or beverage in any part of a boat with an intent to consume such liquor or beverage. Anyone violating this paragraph may, following a hearing, have his or her privilege to operate a boat on the waters of the state suspended for 90 days and may additionally have his or her license or privilege to drive suspended for 90 days.
2 Effective Date. This act shall take effect 60 days after its passage.
18-2667
Amended 4/26/18
HB 1753-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-1426s)
AN ACT relative to transportation of alcoholic beverages by a minor.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Liquor Fund | |||
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METHODOLOGY:
This bill adds the following individuals who can accompany the person under the age of 21 as exceptions to the offense of transportation of alcoholic beverages by a minor: stepparent. grandparent, domestic partner or sibling. The Judicial Branch assumes this could result in fewer prosecutions for the violation level offense of transportation of alcoholic beverages by a minor under RSA 265-A:45 I and II. The Branch has no information on how many fewer prosecutions may result, but does have information on the average cost of prosecuting such offenses. The cost to the Judicial Branch of an average violation level offense in the district division of the circuit court is estimated to be $48.49 in FY 2019 and $49.25 in FY 2020. These amounts do not consider the cost of any appeals that may be taken following trial. It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.
The Liquor Commission indicates this bill would expand the class of individuals who could serve as a responsible adult and exempt an under age driver from the limitations on transportation of alcohol in RSA 265-A:44. The Commission indicates there may be an indeterminable increase in enforcement expenditures. The Commission assumes the new language could be burdensome for law enforcement to verify and could be subject to abuse by motor vehicle operators under the age of 21 who are transporting alcohol.
The Department of Safety assumes the bill as amended will ha no impact on state, county or local law enforcement expenditures.
The New Hampshire Association of Counties determined this bill as amended would have no impact county revenues and expenditures.
The New Hampshire Municipal Association indicates this bill will not affect municipal revenues or expenditures.
AGENCIES CONTACTED:
Judicial Branch, Liquor Commission, Department of Safety, New Hampshire Municipal Association, and New Hampshire Association of Counties