April 30, 2009

Legislative Update - April 2009

The 2009 Legislative Session is fast approaching "Crossover" - the date (April 9 this year) when the House must complete all of its work on House bills and the Senate must complete all its work on Senate bills so that all bills that are still alive can "crossover" to the other body for consideration.  As the legislative session continues, an increasing amount of time will be devoted to the state budget.  The following update on bills of interest starts with those bills that are still alive.
  1. Bills that are still alive:

HB 1 and HB 2 represent the State Fiscal Year (SFY) 2010/2011 Budget.  HB 1 contains the expenditures and HB 2 (also known as the "Trailer Bill") contains statutory changes.  On April 6th, the full House will vote on two versions of the budget.  One version (approved by the majority of the finance committee) increases the annual funding for the Alcohol Fund to $4.1 million (an annual increase of $1.3 million over the amount included in the Governor's budget).  A version proposed by the minority leaves annual funding for the Alcohol Fund at $2.8 million.  The Majority Budget includes a provision in HB 2 that would transfer the Liquor Commission Bureau of Enforcement from the Liquor Commission to the Department of Safety.  Despite our concern about the transfer of the Bureau of Enforcement, New Futures supports the House Finance Majority Budget with its level funding for the Alcohol Fund.

SB 146, which revises the formula for the Alcohol Fund, reducing the percentage of profits from the sale of liquor to be deposited in the Alcohol Fund from 5% to 3.5% has been laid on the table in the Senate.  New Futures supported SB 146 as a strategy to reduce the likelihood that the Alcohol Fund provisions would be suspended as part of the budget process.  We are continuing to pay close attention to SB 146 as part of the budget process.

SB 181 (the Liquor Commission Modernization Act) seeks to modernize and streamline operations and increase profitability of the Liquor Commission.  SB 181 has been re-referred to the Senate Ways and Means Committee for continued during this session and over the summer.  New Futures will continue to monitor this bill to ensure that provisions to increase the distribution of spirits and /or reduce restrictions on alcohol advertising do not resurface.

HB 410 would authorize appropriately qualified Master Licensed Alcohol and Drug Counselors (MLADCs) to provide integrated treatment for co-occurring substance use and mental health disorders.  This bill was retained by the House Executive and Administration Committee for further work.  New Futures supports this bill and will be working with the committee to bring forth legislation in the 2010 session.

  1. Bills that have been killed:

HB 166 (increasing the beer tax by $.10/gallon and dedicating the additional revenue to the Alcohol Fund).  There was significant support for the bill at the public hearing.  However, a flood of industry e-mail and calls threatening closure of the Merrimack brewery if the tax increased drowned out the economic analysis (see New Futures News) and community support for the bill.  The Inexpedient to Legislate vote in House Ways and Means was very close but the vote of the full House was not.

HB 588 would have lowered the minimum legal drinking age from 21 to 18.  This bill was soundly defeated.

HB 605 (relative to employment of minors by liquor licensees) sought to ensure that establishments selling alcohol have a person aged 21 or older "in charge" when alcohol is being served.