HB 1334-FN – AS INTRODUCED
2008 SESSION
09/01
HOUSE BILL 1334-FN
AN ACT increasing the fee for a tobacco products retailer’s license, establishing a tobacco use prevention and cessation program fund, and designating the increase to such fund.
SPONSORS: Rep. W. Chase, Ches 1
This bill increases the fee for a tobacco products retailer’s license, establishes a tobacco use prevention and cessation program fund, and designates the increase to such 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2559
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT increasing the fee for a tobacco products retailer’s license, establishing a tobacco use prevention and cessation program fund, and designating the increase to such fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Fee for Tobacco Products Retailer’s License Increased. Amend RSA 78:2, I to read as follows:
I. Each manufacturer, wholesaler, sub-jobber, vending machine operator, retailer, and sampler shall secure a license from the commissioner before engaging in the business of selling or distributing tobacco products in this state or continuing to engage in such business. Each wholesale, sub-job and retail outlet shall have a separate license regardless of the fact that one or more outlets may be owned or controlled by a single person. Each tobacco products vending machine to be operated in this state shall be licensed by the commissioner and shall be appropriately identified as being licensed. The commissioner shall adopt rules pursuant to RSA 541-A relative to the licensing and identification of each tobacco products vending machine, and the information required in an application for a license. The commissioner shall issue a license upon application stating such information necessary to identify the outlet and the character of business transacted. The fees for licenses shall be: $100 for a manufacturer’s license; $250 for a wholesaler’s license; $150 for a sub-jobber’s license; $70 for a vending machine operator’s license; [$10] $100 for a retailer’s license; $10 for a sampler’s license; and $10 for each vending machine location, for the purpose of helping to pay the cost of administering this chapter. Ninety percent of the fee for each retailer’s license shall be deposited in the tobacco use prevention and cessation program fund established pursuant to RSA 126-K:15. Each license shall be prominently displayed on the premises described in it. Any person who shall sell, offer for sale or possess with intent to sell any tobacco products without such license as provided in this section shall be subject to the penalty provisions of RSA 21-J:39.
2 Tobacco Use Prevention and Cessation Program; Fund. Amend RSA 126-K:15 to read as follows:
126-K:15 Tobacco Use Prevention and Cessation Program; Fund.
I. There is hereby established in the department of health and human services the tobacco use prevention and cessation program, which shall be administered with funds appropriated to the department for such purpose, and which shall include but not be limited to:
[I.] (a) Tobacco use prevention community programs and grants.
[II.] (b) Tobacco use prevention school programs and grants.
[III.] (c) Tobacco use prevention state-wide programs and grants.
[IV.] (d) Tobacco use cessation programs.
[V.] (e) Tobacco use prevention and cessation counter marketing.
[VI.] (f) Evaluation of tobacco control initiatives.
[VII.] (g) Administration and enforcement.
II. There is hereby established in the office of the state treasurer the tobacco use prevention and cessation program fund which shall be nonlapsing and continually appropriated to the department of health and human services for the purposes of paragraph I. Ninety percent of the fee collected for each retailer’s license under RSA 78:2, I shall be deposited in the tobacco use prevention and cessation program fund.
3 New Subparagraph; Special Fund Established. Amend RSA 6:12, I(b) by inserting after subparagraph (268) the following new subparagraph:
(269) Moneys deposited in the tobacco use prevention and cessation program fund established under RSA 126-K:15, II.
4 Effective Date. This act shall take effect July 1, 2008.
LBAO
08-2559
11/05/07
HB 1334-FN - FISCAL NOTE
AN ACT increasing the fee for a tobacco products retailer’s license, establishing a tobacco use prevention and cessation program fund, and designating the increase to such fund.
FISCAL IMPACT:
The Department of Revenue Administration states this bill will increase state restricted revenue by an indeterminable amount in FY 2009, $152,460 in FY 2010, an indeterminable amount in FY 2011, and $152,460 in FY 2012. There will be no fiscal impact on county and local revenue or state, county, and local expenditures.
METHODOLOGY:
The Department of Revenue Administration indicates this bill will increase a tobacco products retailer’s license fee from $10 to $100 and require 90 percent of the revenue collected from the license fee be deposited into a newly created tobacco use prevention and cessation program fund. The Department indicates there are 1,694 active licensed tobacco product retailers. Licenses are renewed in the even years by June 30. The Department determined the increased fee will result in $152,460 (1,694 licensed retailers * $90) increase in restricted revenue for FY 2010 and FY 2012. The Department states there may be a de minimus increase in restricted revenue for any new applicants for tobacco product retailer licenses in FY 2009 and FY 2011.