Bill Details - HB511 (2019)

HB 511-FN - AS AMENDED BY THE HOUSE

 

7Mar2019... 0459h

7Mar2019... 0680h

2019 SESSION

19-0200

01/04

 

HOUSE BILL 511-FN

 

AN ACT relative to vaping.

 

SPONSORS: Rep. Marsh, Carr. 8; Rep. Guthrie, Rock. 13; Rep. Knirk, Carr. 3; Rep. Kotowski, Merr. 24; Rep. Crawford, Carr. 4; Rep. Fothergill, Coos 1; Rep. Abrami, Rock. 19; Rep. MacDonald, Carr. 6; Rep. Stapleton, Sull. 5; Sen. Bradley, Dist 3; Sen. Chandley, Dist 11; Sen. Sherman, Dist 24

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill adds vaping to the law regarding youth access to and use 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2019... 0459h 19-0200

7Mar2019... 0680h 01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to vaping.

 

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

 

1  Youth Access to and Use of Tobacco Products; Definitions.  Amend RSA 126-K:2, II-a to read as follows:

II-a.  "Device” means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis.  Device may include, but is not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, e-hookah.

II-b.  "E-cigarette" means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that provides a vapor of pure nicotine mixed with propylene glycol to the user as the user simulates smoking.  This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name.

II-c.  “E-liquid” means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation.

2  Youth Access to and Use of Tobacco Products.  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] e-liquid which vending machine or other sale is to be made to any person who does not appear to be at least 18 years of age, shall require the purchaser to furnish any of the following documentation that such person is 18 years of age or over:

3  Youth Access to and Use of Tobacco Products.  Amend the introductory paragraph of 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] e-liquid to a person under 18 years of age shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:

4  Youth Access to and Use of Tobacco Products.  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] E-Liquid to Minors 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] e-liquid to a minor.  The prohibition established by this paragraph 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.

5  Youth Access to and Use of Tobacco Products, Devices, E-cigarettes, or E-liquids.  Amend the section heading and paragraphs I and II of RSA 126-K:6 to read as follows:

126-K:6  Possession and Use of Tobacco Products, E-cigarettes, or [Liquid Nicotine] E-liquid by Minors.  

I.  No [person under 18 years of age] minor shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, or [liquid nicotine] e-liquid except as allowed in RSA 126-X.

II.  The prohibition on possession of tobacco products, devices, e-cigarettes, or [liquid nicotine] e-liquid 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, devices, e-cigarettes, or [liquid nicotine] e-liquids during the duration of their employment.

6  Youth Access to and Use of Tobacco Products, E-cigarettes, Devices or E-Liquids on Public Educational Facility Grounds Prohibited.  Amend the section heading and paragraph I of RSA 126-K:7 to read as follows:

126-K:7  Use of Tobacco Products, Devices, E-cigarettes, or [Liquid Nicotine] E-liquids on Public Educational Facility Grounds Prohibited.

I.  No person shall use any tobacco product, device, e-cigarette, or [liquid nicotine] e-liquid in any public educational facility or on the grounds of any public educational facility.

7  Youth Access to and Use of Tobacco Products.  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] e-liquid to a minor who has a note from an adult requesting such sale, gift, or delivery.

8  Indoor Smoking Act; Definitions.  Amend RSA 155:65, XV to read as follows:

XV.  "Smoking" means having in one's possession a lighted cigarette, cigar, or pipe, or any device designed to produce the effect of smoking, including devices as defined in RSA 126-K:2, II-a.

9  Repeal.  RSA 126-K:2, III-a, relative to definition of liquid nicotine, is repealed.

10  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-0200

1/14/19

 

HB 511-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to vaping.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill adds vaping to RSA 126-K:2, which regulates youth access to and use of tobacco products.  The Liquor Commission states that, although the bill expands the scope of prohibited acts subject to law enforcement action, it does not anticipate a significant increase in the number of policing actions taken by the Commission's enforcement personnel.  The Commission states the impact on its budget is indeterminable, as is the impact on the municipal police agencies that will also be enforcing the bill's provisions.

 

The Judicial Branch is unable to estimate the number of cases that might be brought as a result of the bill, but notes that the per-case cost of violation-level offense is projected to be $51.39 in FY 2020 and $52.15 in FY 2021.

 

The Department of Justice states the bill will have no fiscal impact.  

 

AGENCIES CONTACTED:

Liquor Commission, Department of Justice, and Judicial Branch

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 18
Jan. 22, 2019 Public Hearing: 01/22/2019 01:00 pm LOB 205
Jan. 29, 2019 Division II Subcommittee Work Session: 01/29/2019 10:00 am LOB 205
Jan. 29, 2019 ==RECESSED== Executive Session: 01/29/2019 01:00 pm LOB 205
Feb. 12, 2019 Division II Subcommittee Work Session: 02/12/2019 10:00 am LOB 205
Feb. 12, 2019 ==CONTINUED== Executive Session: 02/12/2019 01:00 pm LOB 205
Feb. 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-0459h for 02/27/2019 (Vote 20-0; CC) HC 13 P. 11
Committee Report: Ought to Pass with Amendment # 2019-0459h (Vote 20-0; CC)
Feb. 27, 2019 Removed from Consent (Rep. Weber) 02/27/2019
Special Order to 03/07/2019 Without Objection
March 7, 2019 Amendment # 2019-0459h: AA VV 03/07/2019
March 7, 2019 FLAM # 2019-0680h (Rep. Weber): AA VV 03/07/2019
March 7, 2019 Ought to Pass with Amendment 2019-0459h and 2019-0680h: MA VV 03/07/2019
March 14, 2019 Introduced 03/14/2019 and Referred to Commerce; SJ 9

Action Dates

Date Body Type
Jan. 22, 2019 House Hearing
Jan. 29, 2019 House Exec Session
Feb. 12, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote
March 7, 2019 House Floor Vote

Bill Text Revisions

HB511 Revision: 4791 Date: Jan. 15, 2019, 11:40 a.m.
HB511 Revision: 5474 Date: March 7, 2019, 3:51 p.m.