Revision: Jan. 9, 2018, 8:27 a.m.
SB 545-FN - AS INTRODUCED
2018 SESSION
18-2853
01/04
SENATE BILL 545-FN
AN ACT increasing the age for sales and possession of tobacco products.
SPONSORS: Sen. Watters, Dist 4; Sen. Bradley, Dist 3; Rep. Rosenwald, Hills. 30; Rep. McBeath, Rock. 26; Rep. LeBrun, Hills. 32; Rep. Gargasz, Hills. 27; Rep. Fothergill, Coos 1
COMMITTEE: Health and Human Services
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ANALYSIS
This bill increases the age for sales and possession of tobacco products.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2853
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT increasing the age for sales and possession of tobacco products.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Access to and Use of Tobacco Products; Purpose. Amend RSA 126-K:1 to read as follows:
126-K:1 Purpose. The purpose of this chapter is to protect the [children] citizens of New Hampshire from the possibility of addiction, disability, and death resulting from the use of tobacco products by ensuring that tobacco products will not be supplied to [minors] persons under the age of 21.
2 Access to and Use of Tobacco Products; Definitions. Amend RSA 126-K:2, XI to read as follows:
XI. "Tobacco product'' means any product containing tobacco including, but not limited to, cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe tobacco, smokeless tobacco, and smokeless cigarettes. “Tobacco product” shall not include drugs, devices or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
3 Access to and Use of Tobacco Products; Proof of Age of Purchaser. Amend the introductory paragraph of RSA 126-K:3, I to read as follows:
I. For the purposes of this chapter, any person responsible for monitoring sales from a tobacco vending machine or any person making the sale of tobacco products, e-cigarettes, or liquid nicotine which vending machine or other sale is to be made to any person who does not appear to be at least [18] 21 years of age, shall require the purchaser to furnish any of the following documentation that such person is [18] 21 years of age or over:
4 Access to and Use of Tobacco Products; Proof of Age of Purchaser. Amend RSA 126-K:3, III to read as follows:
III. The establishment of all of the following facts by a person responsible for monitoring sales from a vending machine or a person or sampler making a sale or distribution of tobacco products, e-cigarettes, or liquid nicotine to a person under [18] 21 years of age shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:
(a) That the person falsely represented in writing and supported by some official documents that the person was [18] 21 years of age or older;
(b) That the appearance of the person was such that an ordinary and prudent person would believe such person to be at least [18] 21 years of age or older; and
(c) That the sale was made in good faith relying on such written representation and appearance in the reasonable belief that the person was actually [18] 21 years of age or over.
5 Access to and Use of Tobacco Products; Sale and Distribution. Amend the section heading and paragraph I of RSA 126-K:4 to read as follows:
126-K:4 Sale and Distribution of Tobacco Products, E-cigarettes, or Liquid Nicotine to [Minors] Persons Who Have Not Attained 21 Years of Age Prohibited.
I. No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, or liquid nicotine to a [minor] person who has not attained 21 years of age. The prohibition established by this paragraph shall not be deemed to prohibit [minors] persons who have not attained 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or liquid nicotine during the duration of their employment.
6 Access to and Use of Tobacco Products; Rolling Papers. Amend RSA 126-K:4-a to read as follows:
126-K:4-a Rolling Papers.
I. No person shall sell, give, or furnish rolling papers to a minor. Violations of this paragraph shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this paragraph shall not exceed $250 for the first offense, $500 for the second offense, and $750 for the third and subsequent offenses.
II. No person under [18] 21 years of age shall purchase, attempt to purchase, possess, or use any rolling paper. Any [minor] person who violates this section shall be guilty of a violation and shall be punished by a fine not to exceed $100 for each offense.
7 Access and Use of Tobacco Products; Distribution of Free Samples. Amend RSA 126-K:5, I and II to read as follows:
I. No person may distribute or offer to distribute samples of tobacco products, e-cigarettes, or liquid nicotine in a public place or to a person who has not attained 21 years of age. This prohibition shall not apply to sampling:
(a) In an area to which minors are denied access.
(b) In a store to which a retailer's license has been issued.
(c) At factory sites, construction sites, conventions, trade shows, fairs, or motorsport facilities in areas to which minors are denied access.
II. The commission shall adopt rules, pursuant to RSA 541-A, concerning the distribution of free samples of tobacco products, e-cigarettes, or liquid nicotine to prevent their distribution to [minors] persons who have not attained 21 years of age.
8 Access to and Use of Tobacco Products; Possession and Use of Tobacco Products, E-Cigarettes, or Liquid Nicotine. Amend RSA 126-K:6 to read as follows:
126-K:6 Possession and Use of Tobacco Products, E-cigarettes, or Liquid Nicotine by [Minors] Persons Who Have Not Attained 21 Years of Age.
I. No person under [18] 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, or liquid nicotine.
II. The prohibition on possession of tobacco products, e-cigarettes, or liquid nicotine shall not be deemed to prohibit minors employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or liquid nicotine during the duration of their employment.
III. A [minor] person who has not attained 21 years of age shall not misrepresent his or her age for the purpose of purchasing tobacco products.
IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services.
V. Any [minor] person who has not attained 21 years of age who violates this section shall be guilty of a violation and shall be punished by a fine not to exceed $100 for each offense or shall be required to complete up to 20 hours of community service for each offense, or both. Where available, punishment may also include participation in an education program.
9 Access to and Use of Tobacco Products; Special Provisions. Amend RSA 126-K:8, I to read as follows:
I. No person shall sell, give, or furnish tobacco products, e-cigarettes, or liquid nicotine to a [minor] person who has not attained 21 years of age who has a note from an adult requesting such sale, gift, or delivery.
10 Delinquent Children; Limitations of Authority Conferred. Amend RSA 169-B:32 to read as follows:
169-B:32 Limitations of Authority Conferred. This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation or boats, a fish and game law, a law relating to title XIII, a law relating to fireworks under RSA 160-B or RSA 160-C, any town or municipal ordinance which provides for a penalty not exceeding $100 plus the penalty assessment, and shall not be construed as applying to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under [18] 21 years of age. However, if incarceration takes place at any stage in proceedings on such violations, incarceration shall be only in a juvenile facility certified by the commissioner of the department of health and human services.
11 Children in Need of Services; Limitations of Authority Conferred. Amend RSA 169-D:22 to read as follows:
169-D:22 Limitations of Authority Conferred. This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation of boats, a fish and game law, a law relating to title XIII, or a law relating to fireworks under RSA 160-B or RSA 160-C, and shall not be construed as applying to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under [18] 21 years of age.
12 Retail Tobacco License. Amend RSA 178:19-a, III to read as follows:
III. The commission, when issuing or renewing a retail tobacco license, shall furnish a sign which shall read or be substantially similar to the following: "State Law prohibits the sale of tobacco products to persons under age [18] 21. Warning: violators of these provisions may be subject to a fine.''
13 Cigar Bars. Amend RSA 178:20-a, II(c) to read as follows:
(c) Does not allow any person under the age of [18] 21 on the premises unless accompanied by a parent, legal guardian, or adult spouse.
14 Effective Date. This act shall take effect January 1, 2019.
18-2853
12/21/17
SB 545-FN- FISCAL NOTE
AS INTRODUCED
AN ACT increasing the age for sales and possession of tobacco products.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill would increase the age for sales and possession of tobacco products from 18 to 21 years of age.
The Judicial Branch indicates this bill could result in increased case volume for various offenses under RSA 126-K which currently are not charged but would be if committed by those who are 18, 19, or 20 years old. These offenses include violations and unspecified misdemeanor offenses. In addition, RSA 126-K includes offenses within the jurisdiction of the Liquor Commission and appealable to the Supreme Court. The Branch does not have information on which to estimate how many additional violation level offenses, misdemeanor prosecutions or administrative appeals may result from this bill. The Branch has submitted the following average cost information for processing these cases.
Judicial Branch | FY 2019 | FY 2020 |
Violation Level Offense | $49 | $49 |
Class B Misdemeanor | $50 | $51 |
Class A Misdemeanor | $72 | $73 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
The Department of Revenue Administration would expect that increasing the age for the purchase of tobacco products from 18 years of age to 21 years of age would decrease Tobacco Tax revenue by an indeterminable amount. The Department does not collect data relative to the age of the consumers purchasing cigarettes and other tobacco products taxable pursuant to RSA 78 and therefore cannot estimate the possible revenue decrease associated with the proposed legislation. The Department believes that it could administer the proposed legislation within its existing operating budget and that there would be no meaningful impact on the Department's expenditures.
The Department of Health and Human Services, Division of Public Health Services does not anticipate any fiscal impact on the Department.
The New Hampshire Liquor Commission states this bill will have no fiscal impact on the Liquor Commission.
The New Hampshire Municipal Association indicates this bill would not affect municipal revenues or expenditures.
The New Hampshire Association of Counties does not believe the bill would have any impact on county revenues or expenditures.
AGENCIES CONTACTED:
Judicial Branch, Departments of Revenue Administration and Health and Human Services, Liquor Commission, New Hampshire Municipal Association and New Hampshire Association of Counties