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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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| 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 | |||
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COUNTY: |
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Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | $0 | $0 |
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LOCAL: |
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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:
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