Bill Text: NH HB1753 | 2018 | Regular Session | Amended
Bill Title: Relative to transportation of alcoholic beverages by a minor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-06-26 - Signed by Governor Sununu 06/25/2018; Chapter 303; Eff. 8/24/2018 [HB1753 Detail]
Download: New_Hampshire-2018-HB1753-Amended.html
HB 1753-FN - AS AMENDED BY THE SENATE
6Mar2018... 0604h
04/19/2018 1426s
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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:44, II, no driver under the age of 21 shall, except when accompanied by a parent, stepparent, legal guardian, 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, 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
11/17/17
HB 1753-FN- FISCAL NOTE
AS INTRODUCED
AN ACT reducing the age for legally possessing alcohol.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Liquor Fund, Penalty Assessment Revenue | |||
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COUNTY: |
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Revenue | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $0 | $0 | $0 |
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LOCAL: |
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Revenue | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This bill would reduce the age for the offense of minors in the possession of alcohol from 21 to 20 years of age. The Judicial Branch indicates in 2017, 2,864 complaints were brought in the circuit court for unlawful possession or intoxication. The Branch has no information on how many of these offenses were brought against 20 year olds or how many fewer violations there would be as a result of this bill. Such offenses are violation level offenses. The cost to the Branch of an average violation level offense is estimated to be $48 in FY 2019 and $49 in FY 2020. These amounts do not consider the cost of any appeals taken following trial. Offsetting the potential savings would be a loss in fine revenue. Each conviction under RSA 179:10 results in a fine of at least $300 with subsequent offenses carrying a fine of at least $600. Under RSA 179:61 fine revenue is paid by the court to the state, county or town, he officials of which instituted the prosecution. In addition, the general fund, the judicial branch information technology fund, and the victims’ assistance fund would receive less revenue from penalty assessments.
The Department of Transportation indicates federal law includes a national minimum drinking age of 21 years of age (23 USC Section 158). A reduction in the state drinking age to 20 years of age would result in a 10% reduction in federal transportation apportionment funds to New Hampshire or $17.4M (based on the current apportionment amount of $173.9M). The Department states a 10% reduction in federal apportionment revenue would reduce the amount available for projects in the 10 year highway plan by the same amount.
The Liquor Commission is not able determine whether lowering the age for legally possessing alcohol would increase sales significantly. The Commission does not expect the bill would impact enforcement expenditures.
The Department of Safety indicates fine revenue to the state, counties and municipalities may decrease as the fines would no longer apply to 20 year olds, but the Department has no information to estimate the potential decrease. The Department assumes, based on experience from age reductions elsewhere in the country, there could be an increase in age-related drinking incidents resulting in increased law enforcement efforts at all levels.
The New Hampshire Association of Counties determined this bill could have an indeterminable impact county revenues.
The New Hampshire Municipal Association indicates this bill will not affect municipal revenues or expenditures.
AGENCIES CONTACTED:
Judicial Branch, Liquor Commission, Departments of Safety and Transportation, New Hampshire Municipal Association, and New Hampshire Association of Counties
