Revision: Jan. 15, 2019, 11:40 a.m.
HB 511-FN - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0200
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 New Paragraph; Youth Access to and Use of Tobacco Products; Definitions. Amend RSA 126-K:2 by inserting after paragraph II-a the following new paragraph:
II-b. “E-liquid” means any liquid product intended for use in e-cigarettes, including a liquid product which does not contain nicotine.
2 New Paragraph; Youth Access to and Use of Tobacco Products; Definitions. Amend RSA 126-K:2 by inserting after paragraph X the following new paragraph:
X-a. "Tetrahydrocannabinol or THC vaporizer" means any liquid product containing extracted cannabis oil intended for use in e-cigarettes.
3 Youth Access to and Use of Tobacco Products; Possession and Use of Tobacco Products; E-cigarettes, or Liquid Nicotine to Minors Prohibited. Amend RSA 126-K:6, I and II to read as follows:
I. No person under 18 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, [or] liquid nicotine, or THC vaporizer.
II. The prohibition on possession of tobacco products, e-cigarettes, [or] liquid nicotine, or THC vaporizer 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, or THC vaporizer during the duration of their employment.
4 Youth Access to and Use of Tobacco Products; Use of Tobacco Products, E-cigarettes, or Liquid Nicotine on Public Educational Facility Grounds Prohibited. Amend RSA 126-K:7, I to read as follows:
I. No person shall use any tobacco product, e-cigarette, [or] liquid nicotine, THC vaporizer, or e-liquid in any public educational facility or on the grounds of any public educational facility.
5 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 e-cigarettes as defined in RSA 126-K:2, II-a.
6 Effective Date. This act shall take effect January 1, 2020.
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
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| 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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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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