HB1563 (2020) Detail

Relative to the use of funds in the drug forfeiture fund.


HB 1563-FN - AS INTRODUCED

 

 

2020 SESSION

20-2041

04/06

 

HOUSE BILL 1563-FN

 

AN ACT relative to the use of funds in the drug forfeiture fund.

 

SPONSORS: Rep. Spillane, Rock. 2; Rep. McGuire, Merr. 29; Rep. Notter, Hills. 21; Rep. Verville, Rock. 2; Rep. Bershtein, Rock. 2; Rep. Nunez, Hills. 37; Rep. A. Lekas, Hills. 37; Rep. T. Lekas, Hills. 37; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill permits funds in the drug forfeiture fund to be used for the establishment of substance misuse addiction, recovery, or rehabilitation centers, programs, or services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2041

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the use of funds in the drug forfeiture fund.

 

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

 

1  Controlled Drug Act; Drug Forfeiture Fund.  Amend RSA 318-B:17-c, I to read as follows:

I.  There is hereby established within the [office of the] state [treasurer] treasury a special revolving fund to be designated as the drug forfeiture fund.  This fund shall be administered by the [attorney general] governor and council and may be used to [pay] reimburse the costs [of] to local, county, or state officials incurred by an offender resulting from arrest and prosecution in local, county and state drug related investigations[, as well as drug control law enforcement programs within New Hampshire].  The fund may also be used [to pay extraordinary costs of local, county and state drug prosecutions and trial expenses] for drug treatment, mental health treatment, rehabilitation, prevention or education, or any other program which deters drug or substance misuse or responds to problems created by drugs or substance misuse; for matching funds for grant programs related to drug treatment or prevention; and for any combination of these purposes.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2041

11/21/19

 

HB 1563-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the use of funds in the drug forfeiture fund.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Drug forfeiture fund

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

$0

$0

$0

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

The Department of Justice indicates this bill would transfer control over the drug forfeiture fund from the Attorney General to the Governor and Executive Council.  The bill would limit the use of the fund to reimburse local, county and state officials for costs arising from arrest or prosecution of drug-related investigations.  The bill also allows the fund to be used for programs designed to prevent drug use or prevent substance abuse disorders.  The Department reports, under current law:

  • 45% of the first $500,000 is returned to the municipal, county, state, or federal government which provided the law enforcement responsible for seizure.
  • 10% is deposited into a special account used by the Department of Health and Human Services (DHHS) for surveillance of the sale of tobacco and alcohol to minors.
  • The remaining 45% is deposited into the revolving drug forfeiture fund.
  • In FY 2019, drug forfeitures totaled $469,043. The DHHS received $36,453, municipalities received $160,220, the Drug Task Force teams received $272,370.

 

The Department indicates it unclear how the Governor and Executive Council would expend the fund, therefore the fiscal impact to Drug Task Force operations and county and local revenue is indeterminable.  

 

The Department of Health and Human Services indicates it currently has a drug forfeiture account under the Bureau of Drug and Alcohol Services used for surveillance of the sale of tobacco and alcohol to minors across the State.  The Department assumes, if the proposed changes resulted in increased revenue to the account, the Bureau would expand programming around substance misuse and addiction prevention, intervention, and treatment.

 

It is assumed this bill will not take effect until FY 2021.

 

AGENCIES CONTACTED:

Departments of Justice and Health and Human Services

 

Links

HB1563 at GenCourtMobile
HB1563 Discussion

Action Dates

Date Body Type
Jan. 22, 2020 House Hearing
Feb. 5, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote
Feb. 19, 2020 House Floor Vote
March 4, 2020 House Hearing
March 17, 2020 House Exec Session
May 12, 2020 House Exec Session
June 1, 2020 House Exec Session

Bill Text Revisions

HB1563 Revision: 7195 Date: Dec. 3, 2019, 11:36 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 27
Jan. 22, 2020 Public Hearing: 01/22/2020 10:00 am LOB 208
Feb. 5, 2020 Executive Session: 02/05/2020 10:00 am LOB 208
Feb. 19, 2020 Majority Committee Report: Ought to Pass for 02/19/2020 (Vote 14-3; RC) HC 7 P. 23
Majority Committee Report: Ought to Pass (Vote 14-3; RC)
Minority Committee Report: Inexpedient to Legislate
Feb. 19, 2020 Special Order to front of regular calendar (Rep. Spillane): MA VV 02/19/2020 HJ 4 P. 27
Feb. 19, 2020 Ought to Pass: MA RC 329-21 02/19/2020 HJ 4 P. 27
Feb. 19, 2020 Referred to Ways and Means 02/19/2020 HJ 4 P. 27
March 4, 2020 Public Hearing: 03/04/2020 01:00 pm LOB 202
March 5, 2020 ==TIME CHANGE== Full Committee Work Session: 03/05/2020 11:00 am LOB 202
March 9, 2020 Full Committee Work Session: 03/09/2020 10:00 am LOB 202
March 17, 2020 ==CANCELLED== Executive Session: 03/17/2020 01:30 pm LOB 202
May 12, 2020 ==CANCELLED== Executive Session: 05/12/2020 01:00 pm Members of the public may attend using the following link: https://zoom.us/j/91719044913
May 20, 2020 Full Committee Work Session: 05/20/2020 10:00 am Members of the public may attend using this link: https://www.youtube.com/channel/UCxqjz56akoWRL_5vyaQDtvQ/videos
June 1, 2020 Executive Session: 06/01/2020 01:00 pm Members of the public may attend using this link: https://www.zoom.us/j/92613036532
Committee Report: Refer for Interim Study (Vote 19-0; CC) HC 23 P. 5