HB 606-FN – AS INTRODUCED
2007 SESSION
01/03
HOUSE BILL 606-FN
AN ACT relative to the minimum age for purchasing, possessing, or using tobacco products.
SPONSORS: Rep. T. Robertson, Ches 3
This bill increases the minimum age for purchasing, possessing, or using tobacco products from 18 to 21 years of age.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0017
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
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 Tobacco Tax; Smoking Age. Amend RSA 78:2, I-b to read as follows:
I-b. The commissioner, when issuing or renewing a retailer’s license under RSA 78:2, 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 and the purchase, possession, or use of tobacco products by persons under age [18] 21. Warning: violators of these provisions may be subject to a fine.” The sign shall be posted at any location where tobacco products are sold or distributed. The commissioner shall adopt rules, under RSA 541-A, relative to placement of these warning signs in areas where tobacco products are sold or distributed.
2 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.
3 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:
4 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.
5 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.
6 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.
7 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.
8 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.
9 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0017
1/5/07
HB 606-FN - FISCAL NOTE
AN ACT relative to the minimum age for purchasing, possessing, or using tobacco products.
FISCAL IMPACT:
The Department of Revenue Administration indicates that this bill may decrease state general fund revenue by $3,145,000 in FY 2008 and $6,290,000 in FY 2009 and each year thereafter, and decrease education trust fund revenue by $3,655,000 in FY 2008 and $7,310,000 in FY 2009 and each year thereafter. The Liquor Commission indicates state expenditures may decrease by an indeterminable amount in FY 2008 and each year thereafter. There is no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
The Department of Revenue Administration (DRA) states this bill increases the minimum age for purchasing, possessing, or using tobacco products from 18 to 21 years of age. The DRA calculated the fiscal impact of this bill using the following assumptions:
• All the states that border New Hampshire have the minimum age level set at 18 years of age for the purchase of tobacco products. This change should therefore lead to reduced cross-border sales to New Hampshire as well as younger New Hampshire residents going over the border to purchase their tobacco products.
• DRA estimates that 9.28% (6.1% + 3.18%) of sales could be affected by this increase in the age requirement. DRA determined this percentage using data from tobaccofreekids.org that indicates 31.8% of smokers nationally are in the 20 to 29 year old range, with approximately 6.1% being under 20. DRA determined the percentage of 20 year olds assuming that 1/10th of the 20 to 29 year olds are 20 or 3.18% (31.8%/10).
• DRA assumes that future tobacco tax revenues will equal FY 2006 tobacco tax revenues the Department determined to be $146,300,000. Using the percentage of smokers under 21, the Department estimates tobacco revenue will decrease by $13,577,000 (9.28% x $146,300,000) per fiscal year as a result of this bill. Since the effective date of this bill is January 1, 2008, the FY 2008 revenue impacts are estimated at ½ of the full year.
• The DRA assumes no revenue growth in subsequent years.
• Since this bill changes the tobacco tax, both the general fund and education trust fund revenues would be impacted at the percentage of $.37/$.80 and $43/$.80 respectively.
• The cost to administer these tax changes can be absorbed within the agency’s budget.
The Liquor Commission states that alcohol and tobacco are two very significant age-restricted products sold in retail establishments. This bill would add uniformity and address the difficulty may retail clerks face with trying to confirm a customer’s age to preclude an underage sale which may decrease enforcement costs by an indeterminable amount.