sb 0532

CHAPTER 325

SB 532 – FINAL VERSION

AN ACT relative to administrative fines under the indoor smoking act.

SPONSORS: Sen. Gottesman, Dist 12; Sen. Burling, Dist 5; Sen. DeVries, Dist 18; Sen. Fuller Clark, Dist 24; Rep. Patten, Carr 4; Rep. Pilotte, Hills 16; Rep. Schmidt, Straf 4; Rep. MacKay, Merr 11; Rep. Millham, Belk 5

This bill establishes administrative fines for persons violating the indoor smoking act.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to administrative fines under the indoor smoking act.

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

325:1 New Paragraphs; Indoor Smoking Act; Rulemaking Added. Amend RSA 155:71 by inserting after paragraph V the following new paragraphs:

VI. A schedule of administrative fines which may be imposed under RSA 155:78 for violation of this subdivision or the rules adopted pursuant to it.

VII. Procedures for notice prior to the imposition of an administrative fine imposed under RSA 155:78.

325:2 Indoor Smoking Act; Complaints and Investigations. Amend RSA 155:74, I to read as follows:

I. The commissioner or his or her designee shall investigate any complaint regarding noncompliance with the provisions of this subdivision or rules adopted under it. The investigation shall include a full opportunity for the person in charge to be informed of and to address the complaint. [If during the investigation a probable violation of this subdivision is found, or if the person in charge requests, an adjudication proceeding shall be carried out in accordance with RSA 541-A:31-36 prior to the department seeking a penalty under RSA 155:76, III.]

325:3 Indoor Smoking Act; Enforcement. Amend RSA 155:76, III to read as follows:

III. Any person in charge who [~~repeatedly~~] fails to comply with any of the provisions of this subdivision [~~and~~] or rules adopted pursuant to it [~~and for which the department seeks a penalty under RSA 155:74 shall be guilty of a violation and, notwithstanding RSA 651:2,~~] shall be subject to a fine [~~of not less than $100~~] imposed under RSA 155:78.

325:4 New Section; Indoor Smoking Act; Administrative Fines Added. Amend RSA 155 by inserting after section 77 the following new section:

155:78 Administrative Fines. The commissioner, after notice, pursuant to rules adopted under RSA 541-A, may impose an administrative fine of not more than $100 per day for a first offense and not more than $200 per day for each subsequent offense upon any person who violates any provision of this subdivision or rules adopted under this subdivision. Appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this subdivision. The sums obtained from the levying of administrative fines under this section shall be forwarded to the state treasurer to be deposited into the general fund.