Bill Text: NH SB501 | 2016 | Regular Session | Introduced
Bill Title: Prohibiting the possession of powdered or crystalline alcohol.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-05-11 - Inexpedient to Legislate: Motion Adopted Voice Vote 05/11/2016 House Journal 38 P. 12 [SB501 Detail]
Download: New_Hampshire-2016-SB501-Introduced.html
SB 501-FN - AS INTRODUCED
2016 SESSION
16-2829
03/08
SENATE BILL 501-FN
AN ACT prohibiting the possession of powdered or crystalline alcohol.
SPONSORS: Sen. Soucy, Dist 18; Sen. Forrester, Dist 2; Sen. Stiles, Dist 24; Sen. Kelly, Dist 10; Rep. Butler, Carr. 7; Rep. Spanos, Belk. 3
COMMITTEE: Commerce
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ANALYSIS
This bill prohibits the possession of powdered or crystalline alcohol.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2829
03/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT prohibiting the possession of powdered or crystalline alcohol.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Powdered or Crystalline Alcohol Prohibited. Amend RSA 179 by inserting after section 5-b the following new section:
179:5-c Powdered or Crystalline Alcohol Prohibited.
I. No person shall manufacture, possess, have under his or her control, transport, sell, purchase, offer for sale, give away, or cause to be sold, delivered, or given away for human consumption powdered or crystalline alcohol.
II. Paragraph I shall not apply to:
(a) Any substance regulated by the Food and Drug Administration in the United States Department of Health and Human Services that is not:
(1) Beverage, beer, wine, or liquor; or
(2) A compound that could be converted into beverage, beer, wine, or liquor.
(b) A prescription drug, as defined in RSA 318:1, XVII.
(c) A nonprescription or proprietary medicine, as defined in RSA 318:1, XVIII.
2 Effective Date. This act shall take effect January 1, 2017.
16-2829
1/7/16
SB 501-FN- FISCAL NOTE
AN ACT prohibiting the possession of powdered or crystalline alcohol.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill would make it unlawful to possess, manufacture, control, transport, sell, purchase offer for sale, give away, or cause to be sold, delivered or given away powdered or crystalline alcohol and contains penalties that may have an impact on the New Hampshire judicial and correctional systems. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill. See table below for average cost information:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Routine Criminal Felony Case | $449 | $470 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2017 and FY 2018 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. | ||
Judicial Council |
|
|
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Misdemeanor | $275/Case | $275/Case |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
|
|
FY 2015 Average Cost of Incarcerating an Individual | $34,336 | $34,336 |
FY 2015 Average Cost of Supervising an Individual on Parole/Probation | $520 | $520 |
NH Association of Counties |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Department of Justice states the bill would not impact the Department’s prosecutorial function and would have no fiscal impact on the Department.
The State Liquor Commission states this bill will have no fiscal impact on its operations.
