Revision: Feb. 19, 2020, 3:31 p.m.
HB 1662-FN - AS AMENDED BY THE HOUSE
19Feb2020... 0701h
2020 SESSION
20-2126
01/10
HOUSE BILL 1662-FN
AN ACT relative to the purchase, use, and possession of tobacco products and e-cigarettes.
SPONSORS: Rep. Klee, Hills. 30; Rep. J. Schmidt, Hills. 28; Rep. Vail, Hills. 30; Rep. Radhakrishnan, Hills. 22
COMMITTEE: Commerce and Consumer Affairs
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AMENDED ANALYSIS
This bill increases the age for sales and possession of tobacco products and e-cigarettes to 21.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Feb2020... 0701h
20-2126
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the purchase, use, and possession of tobacco products and e-cigarettes.
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 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] 21.
2 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 e-liquid which vending machine or other sale is to be made to any person who does not appear to be at least [19] 21 years of age, shall require the purchaser to furnish any of the following documentation that such person is [19] 21 years of age or over:
3 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 e-liquid to a person under [19] 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 [19] 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 [19] 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 [19] 21 years of age or over.
4 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 E-Liquid to Persons Who Have Not Attained [19] 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 e-liquid to a person who has not attained [19] 21 years of age. The prohibition established by this paragraph shall not be deemed to prohibit persons who have not attained [19] 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] e-liquid during the duration of their employment.
5 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] 21 years of age 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.
6 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] e-liquid in a public place or to a person who has not attained [19] 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] e-liquid to prevent their distribution to persons who have not attained [19] 21 years of age.
7 Access to and Use of Tobacco Products; Possession and Use of Tobacco Products, E-Cigarettes, or E-Liquid. Amend RSA 126-K:6 to read as follows:
126-K:6 Possession and Use of Tobacco Products, E-cigarettes, or E-Liquid [Nicotine] by Persons Who Have Not Attained [19] 21 Years of Age.
I. No person under [19] 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, or e-liquid except that a minor who has been issued a registry identification card under RSA 126-X:4 may possess e-liquids containing cannabis and applicable devices.
II. The prohibition on possession of tobacco products, devices, e-cigarettes, or 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 e-liquids during the duration of their employment.
III. A person who has not attained [19] 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 person who has not attained [19] 21 years of 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.
8 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 e-liquid to a person who has not attained [19] 21 years of age who has a note from an adult requesting such sale, gift, or delivery. Tobacco products, e-cigarettes, or e-liquid 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] 21 years of age.
9 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 [19] 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.
10 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 [19] 21 years of age.
11 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 or e-cigarettes to persons under age [19] 21. Warning: violators of these provisions may be subject to a fine."
12 Cigar Bars. Amend RSA 178:20-a, II(c) to read as follows:
(c) Does not allow any person under the age of [19] 21 on the premises unless accompanied by a parent, legal guardian, or adult spouse.
13 Effective Date. This act shall take effect upon its passage.
20-2126
12/3/19
HB 1662-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the purchase, use, and possession of tobacco products and e-cigarettes.
FISCAL IMPACT: [ X ] State [ ] County [ ] 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 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $10,000+ | $2,500+ | $2,500+ |
Funding Source: | [ X ] General [ X ] Education [ ] Highway [ X ] Other - Liquor Fund | |||
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METHODOLOGY:
This bill increases the age for sales and possession of tobacco products and e-cigarettes from 19 to 21 years of age.
The Liquor Commission assumes increasing the age for purchase and possession will slightly increase law enforcement actions to detect unlawful sales of tobacco products to individuals under the age of 21 years. The Commission indicates the signs required by RSA 178:19-a, which prohibit sales to those under the legal age will need to be replaced by January 1, 2021. The Commission provided the following information on the fiscal impact of the bill:
The Department of Revenue Administration indicates the fiscal impact of this bill is indeterminable, but increasing the legal age for purchase and possession of tobacco and e-cigarettes from 19 to 21 years would reduces tobacco sales, tobacco tax, and possibly business tax revenues. The Department cannot estimate with any degree of certainty the percentage of New Hampshire sales attributable to individuals aged 19 to 20.
AGENCIES CONTACTED:
Liquor Commission and Department of Revenue Administration