0303-hb 1579

AN ACT establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act.

SPONSORS: Rep. Avery, Ches 8; Rep. Flora, Hills 15; Rep. Dalrymple, Rock 26; Rep. Richardson, Ches 12; Sen. Squires, Dist 12; Sen. Larsen, Dist 15

This bill provides that sellers of tobacco products who are found guilty of selling to minors for third and subsequent times shall have their licenses to sell suspended or revoked.

This bill also clarifies the definition of "effectively segregated" for the purposes of the indoor smoking act.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act.

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

II. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license.

III. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the sampler's license shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license.

IV. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, subjobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity or any principal thereof for a period of one year from the date of revocation.

303:4 Penalties; Vending Machines. RSA 78:12-d, VII is repealed and reenacted to read as follows:

VII. Violations of this section shall be civil infractions punishable by administrative action by the commissioner against the licensee. Fines for violations of paragraphs I-V shall be no more than $100 for a first offense and no more than $200 for a second offense. For the third offense, the commissioner shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commissioner shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commissioner shall revoke any license. 303:5 Definition Clarified; Effectively Segregated. Amend the introductory paragraph of RSA 155:65, V to read as follows:

V. "Effectively segregated" means all the following conditions have been met:

The Liquor Commission and the Department of Safety have stated this bill may have an indeterminable fiscal impact on state revenue in FY 2001 and each year thereafter. There will be no fiscal impact on county and local revenue or state, county and local expenditures

The Liquor Commission indicated this bill revamps the progressive penalty scheme for licensees who sell tobacco products to persons under the age of 18. The change reduces the number of offenses a tobacco licensee must commit before incurring a license revocation from four to three. The change could cause an indeterminable reduction in the revenue received from the tax placed on retail tobacco sales.

The Department of Safety cannot determine how many minor drivers might be convicted three times or more for possession or use of tobacco, therefor, the Department cannot estimate the amount of additional reinstatement fees and fines that might be collected.