HB 277-FN – AS INTRODUCED
2009 SESSION
01/03
HOUSE BILL 277-FN
AN ACT relative to the minimum age for purchasing, possessing, or using tobacco products.
SPONSORS: Rep. Robertson, Ches 3
COMMITTEE: Commerce and Consumer Affairs
This bill increases the minimum age for purchasing, possessing, or using tobacco products from 18 to 21 years of age.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0141
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the minimum age for purchasing, possessing, or using tobacco products.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Youth Access to Tobacco Products; Age Increased. Amend RSA 126-K:2, V to read as follows:
V. “Minor” means a person under the age of [18] 21.
2 Youth Access to Tobacco Products; Age Increased. 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, which vending machine or other sale is to be made to any person who does not appear to be at least [18] 21 years of age, shall require the purchaser to furnish any of the following documentation that such person is [18] 21 years of age or over:
3 Youth Access to Tobacco Products; Age Increased. 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 to a person under [18] 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 [18] 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 [18] 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 [18] 21 years of age or over.
4 Youth Access to Tobacco Products; Age Increased. Amend RSA 126-K:4-a, II to read as follows:
II. No person under [18] 21 years of age shall purchase, attempt to purchase, possess, or use any rolling paper. Any minor who violates this section shall be guilty of a violation and shall be punished by a fine not to exceed $100 for each offense.
5 Youth Access to tobacco Products; Age Increased. Amend RSA 126-K:6, I to read as follows:
I. No person under [18] 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product.
6 Youth Access to Tobacco Products; Age Increased. 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 [18] 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.
7 Youth Access to Tobacco Products; Age Increased. 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 [18] 21 years of age.
8 Tobacco Products; Smoking Age. 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 [18] 21. Warning: violators of these provisions may be subject to a fine.”
9 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0141
01/07/09
HB 277-FN - FISCAL NOTE
AN ACT relative to the minimum age for purchasing, possessing, or using tobacco products.
FISCAL IMPACT:
The Department of Revenue Administration states this bill will decrease state general fund revenues by $9,224,320 in FY 2010, by $18,448,640 in FY 2011, and by an indeterminable amount in FY 2012 and each year thereafter. The New Hampshire State Liquor Commission states this bill will increase state general fund expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
The Department of Revenue Administration states this bill will increase the minimum age for purchasing, possessing, or using tobacco products from 18 to 21 years of age. The Department states this bill will reduce state general fund revenues by $9,224,320 in FY 2010 and $18,448,640 in FY 2011. Due to lack of growth projection in both tobacco sales and the tobacco tax rate, the Department did not estimate the reduction to state general fund revenues in FY 2012 or each year thereafter. The Department’s estimate is based on statistical data derived from tobaccofreekids.org and assumes that tobacco tax revenues projected for FY 2009 would reflect tobacco tax revenues received for FY 2010. The Department’s estimate also assumes that there would be effective enforcement of the legislation and that people under the age of 21 would stop purchasing cigarettes.
Based on information received from tobaccofreekids.Org, the Department assumes that 9.28 % of current smokers are under the age of 21 and that this percentage will translate into a 9.28 % decrease in overall tobacco tax receipts. The Department calculates the tax decrease as follows:
Budgeted Tobacco Tax revenues for FY 2009: |
175,900,000 |
|
Estimated impact of 2008 rate increase: |
22,900,000 | |
Estimated FY 2009 and FY 2010 Tobacco Tax revenue |
198,800,000 | |
9.28% estimated annual decrease in tobacco tax revenues |
18,448,640 | |
Note: effective date of legislation is January 1, 2010; therefore FY 2009 estimate reflects 1/2 of FY 2010 estimate. | ||
The New Hampshire State Liquor Commission states that in order to effectively enforce an increase in the purchase age for tobacco products, significant additional Bureau of Enforcement resources would be needed to monitor the purchasing of tobacco products at retail outlets throughout the state. The Commission states this would increase state general fund expenditures by an indeterminable amount in FY 2010 and each year thereafter.
The Department of Health and Human Services states that an increase in the purchasing age for tobacco products would not involve any additional resources from the Department.