Revision: Dec. 3, 2021, 1:43 p.m.
HB 1475-FN - AS INTRODUCED
2022 SESSION
22-2027
08/11
HOUSE BILL 1475-FN
AN ACT relative to the enforcement authority of liquor enforcement officers.
SPONSORS: Rep. Trottier, Belk. 6; Rep. O'Hara, Belk. 9; Rep. Littlefield, Belk. 3
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill extends the authority of liquor investigators in certain circumstances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2027
08/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the enforcement authority of liquor enforcement officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Liquor Laws; Enforcement. Amend RSA 179:59 to read as follows:
179:59 Prosecutions. The commission shall appoint liquor investigators whose primary function shall be the proper [prosecution] enforcement of [this title] Title XIII. The liquor investigators shall have [all the powers of the sheriff in any county, with reference to enforcement of all laws] the same powers granted to them as a state law enforcement officer relative to paragraphs I through III either in cooperation with, or independently of, the officers of any [county] city or town. The commission shall have the primary responsibility for the enforcement of all liquor and beverage laws upon premises where liquor and beverages are lawfully sold, stored, distributed, or manufactured. Any person violating the provisions of any law may be prosecuted by the commission or any of its investigators as provided in this section, or by county or city attorneys, or by sheriffs or their deputies, or by police officials of towns. Liquor investigators shall have limited powers to enforce the following:
I. Other statutes of the criminal code, only to the extent to stop the immediate threat of bodily injury or death if immediate action is not taken.
II. The motor vehicle codes relative to liquor violations.
III. Both the criminal code and the motor vehicle code when requested by a law enforcement agency to address an immediate life safety risk.
2 Effective Date. This act shall take effect 60 days after its passage.
22-2027
11/22/21
HB 1475-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the enforcement authority of liquor enforcement officers.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Liquor Fund | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
The Liquor Commission believes if this bill were to become law then there will be an increase in litigation for cases where a liquor investigator has either made an arrest for an offense outside of Title XIII or in cases where a liquor investigator assisted a law enforcement agency in an arrest for an offense outside of Title XIII. The Commission cannot estimate the cost to local or county prosecutors who will need to prepare briefs or take depositions or other actions where the authority of a liquor investigator is challenged by the defense.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Liquor Commission