HB1628 (2020) Detail

Increasing the age for vaping.


HB 1628-FN - AS INTRODUCED

 

 

2020 SESSION

20-2053

01/10

 

HOUSE BILL 1628-FN

 

AN ACT increasing the age for vaping.

 

SPONSORS: Rep. Horn, Merr. 2

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill increases the age for sales and possession of vaping 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2053

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT increasing the age for vaping.

 

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

 

1  New Paragraph; Access to and Use of Tobacco Products; Definitions.  Amend RSA 126-K:2 by inserting after paragraph IV the following new paragraph:

IV-a.  "Minimum age" means 19 years of age for cigarettes and other tobacco products and 21 years of age for e-cigarettes, e-liquids and other vaping products.

2  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 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 persons under the [age of 19] minimum age.

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 [19 years of] the minimum age, shall require the purchaser to furnish any of the following documentation that such person is [19 years of] the minimum 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 [19 years of] the minimum 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 [19  years of] the minimum 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 19 years of] the minimum 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 [19  years of] the minimum 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 Persons Who Have Not Attained [19 Years of] the Minimum 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 person who has not attained [19 years of] the minimum age.  The prohibition established by this paragraph shall not be deemed to prohibit persons who have not attained [19 years of] the minimum 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 [19 years of] the minimum age for tobacco products shall purchase, possess, or use any rolling paper.  Any 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 [19 years of] the minimum 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 persons who have not attained [19 years of] the minimum 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 Persons Who Have Not Attained [19 Years of] the Minimum Age.

I.  No person under [19 years of] the minimum 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 person who has not attained [19 years of] the minimum 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 person who has not attained [19 years of] the minimum age who violates this section may 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(a) to read as follows:

I.(a)  No person shall sell, give, or furnish tobacco products, e-cigarettes, or liquid nicotine to a person who has not attained [19 years of] the minimum age who has a note from an adult requesting such sale, gift, or delivery.  Tobacco products, e-cigarettes, or liquid nicotine shall only be delivered to a person who provides an identification as enumerated in RSA 126-K:3 establishing that the person has attained [19 years of] the minimum age.

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 or e-cigarettes to or by a person under [19 years of] the minimum age under RSA 126-K.  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 or e-cigarettes to or by a person under [19 years of] the minimum age under RSA 126-K.

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 19 or e-cigarettes to persons under age [19] 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 minimum age [of 19] under RSA 126-K on the premises unless accompanied by a parent, legal guardian, or adult spouse.

14  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2053

12/9/19

 

HB 1628-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT increasing the age for vaping.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [ X ] Education            [   ] Highway           [ X ] Other - Liquor Fund

 

 

 

 

 

METHODOLOGY:

This bill increases the age for sales and possession of vaping products.  The Department of Revenue Administration indicates, by increasing the age from 19 to 21 years of age, the bill would reduce the sale of e-cigarettes and tobacco tax revenue.  The Department assumes there could also be a reduction in business taxes.  Any reduction in tax revenue to the State is indeterminable because the Department will not have data on tobacco tax revenue from e-cigarettes until after January 1, 2020 when the tax will begin to be imposed.  The Department cannot estimate the percentage of e-cigarette sales to nineteen and twenty year old individuals.

 

The Liquor Commission indicates it would need to revise its tobacco education programs to provide tobacco retailers with information on the law changes and instructions on how to categorize and differentiate between the tobacco products they sell.  The Division of Enforcement, Licensing and Education carries out tobacco compliance checks in support of the enforcement of RSA 126-K concerning youth access to tobacco products.  Due to the separate minimum ages that would result from this bill, the Commission would need to conduct separate compliance efforts for traditional tobacco products, and for e-cigarettes.  The Commission estimates there are approximately 1,283 licensed tobacco retailers who would be impacted by the  bill.  The Commission does not have information on the number of "vape shops" and is in the process of carrying out the new provisions of HB4 from the 2019 Session regarding electronic cigarettes, which subject these businesses to licensure.  The Commission estimates it will cost roughly $10,000 to redesign and print signs for the existing retail tobacco licensees and approximately $2,500 to print and distribute signs to new licensees.  The Commission is not able to calculate the cost to distribute the signs to the 1,283 existing tobacco retailers.  In addition, the Commission is unable to calculate the cost to carry out the separate compliance checks based upon the minimum age change in the bill.

 

AGENCIES CONTACTED:

Department of Revenue Administration and Liquor Commission

 

Links

HB1628 at GenCourtMobile
HB1628 Discussion

Action Dates

Date Body Type
Jan. 23, 2020 House Hearing
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1628 Revision: 7272 Date: Dec. 9, 2019, 4:09 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 29
Jan. 23, 2020 Public Hearing: 01/23/2020 01:00 pm LOB 205
Feb. 18, 2020 Subcommittee Work Session: 02/18/2020 10:00 am LOB 205
March 3, 2020 Executive Session: 03/03/2020 10:00 am LOB 205
March 11, 2020 Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 20-0; CC) HC 10 P. 21
Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
March 11, 2020 Removed from Consent (Rep. Horn) 03/11/2020 HJ 7 P. 2
March 12, 2020 Lay on Table (Rep. Ley): MA VV 03/12/2020 HJ 8 P. 222
Died on Table