HB 1406-FN – AS INTRODUCED

2006 SESSION

06-2073

04/09

HOUSE BILL 1406-FN

AN ACT adding to the penalty provisions of the controlled drug act and relative to fines for violations of the controlled drug act.

SPONSORS: Rep. Hinkle, Hills 19; Rep. Mooney, Hills 19; Rep. Danforth, Merr 6; Rep. Albert, Straf 1

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill:

I. Adds methamphetamine to the penalty provisions of the controlled drug act.

II. Requires a $100 fine in addition to any civil or administrative penalty imposed under the controlled drug act.

III. Establishes a drug education and abuse prevention fund.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2073

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT adding to the penalty provisions of the controlled drug act and relative to fines for violations of the controlled drug act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subparagraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a) by inserting after subparagraph (3) the following new subparagraph:

(4) Methamphetamine or its analog, in a quantity of 5 ounces or more, including adulterants or dilutants.

2 New Paragraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26 by inserting after paragraph X the following new paragraph:

X-a. In addition to any civil or administrative penalty or sanction imposed in this chapter, a fine of $100 shall be imposed on any person convicted of a violation of any provision of this chapter. Moneys collected under this paragraph shall be deposited into the drug education and abuse prevention fund established in RSA 318-B:31 on a quarterly basis.

3 New Section; Drug Education and Abuse Prevention Fund Established. Amend RSA 318-B by inserting after section 30 the following new section:

318-B:31 Drug Education and Abuse Prevention Fund Established.

I. There is hereby established a drug education and abuse prevention fund to fund drug education and abuse prevention programs. Moneys collected pursuant to RS 318-B:26, X-a shall be deposited into this fund.

II. The fund shall be nonlapsing and continually appropriated for the purposes of funding drug education and abuse prevention programs. The state treasurer shall invest the moneys deposited in the fund as provided by law. Interest earned on moneys deposited in the fund shall be deposited into the fund.

III. Moneys shall be disbursed from the fund upon the authorization of the governor’s commission on alcohol and drug abuse prevention, intervention, and treatment established pursuant to RSA 12-J:1.

4 New Subparagraph; Application of Receipts; Drug Education and Abuse Prevention Fund. Amend RSA 6:12, I(b) by inserting after subparagraph 242 the following new subparagraph:

(243) Funds deposited into the drug education and abuse prevention fund established in RSA 318-B:31.

5 New Paragraph; Governor’s Commission on Alcohol and Drug Abuse Prevention; Duties. Amend RSA 12-J:3 by inserting after paragraph V the following new paragraph:

VI. Authorize the disbursement of moneys from the drug education and abuse prevention fund established in RSA 318-B:31.

6 Effective Date. This act shall take effect 60 days after its passage.

LBAO

06-2073

11/22/05

HB 1406-FN - FISCAL NOTE

AN ACT adding to the penalty provisions of the controlled drug act and relative to fines for violations of the controlled drug act.

FISCAL IMPACT:

METHODOLOGY: