HB632: relative to appeals of liquor commission decisions.

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

ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

3 Effective Date.

I. Section 2 of this act shall take effect January 1, 2021.

II. The remainder of this act shall take effect January 1, 2018.

LBAO 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

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