HB1178: relative to sales of tobacco products to persons under 21 years of age.

HB 1178-FN - AS INTRODUCED

2003 SESSION

03-2144

01/09

HOUSE BILL 1178-FN

AN ACT relative to sales of tobacco products to persons under 21 years of age.

SPONSORS: Rep. Hammond, Graf 18; Rep. Jasper, Hills 66; Rep. Gibson, Hills 58; Rep. Wall, Straf 72; Rep. Miller, Straf 72

COMMITTEE: Commerce

ANALYSIS

This bill raises the age for youth access to and use of tobacco products from 18 years of age 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2144

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to sales of tobacco products to persons under 21 years of age.

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

1 Tobacco Products; Age Changed. 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 Tobacco Products; Age Changed. Amend RSA 126-K:2, V to read as follows:

V. "Minor" means a person under the age of [18] 21.

3 Tobacco Products; Age Changed. Amend RSA 126-K:3 to read as follows:

126-K:3 Proof of Age of Purchaser.

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:

(a) A motor vehicle driver's license issued by the state of New Hampshire, or a valid driver's license issued by another state, or province of Canada, which bears the date of birth, name, address, and picture of the individual.

(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, or any picture identification card issued by another state which bears the date of birth, name, and address of the individual.

(c) An armed services identification card.

(d) A valid passport from a country with whom the United States maintains diplomatic relations.

II. Photographic identification presented under this section shall be consistent with the appearance of the person, and shall be correct and free of alteration, erasure, blemish, or other impairment.

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 Tobacco Products; Age Changed. Amend RSA 126-K:4-a, III 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 Tobacco Products; Age Changed. 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 Tobacco Products; Age Changed. 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] person 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 Tobacco Products; Age Changed. 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] person 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 Effective Date. This act shall take effect January 1, 2005.

LBAO

03-2144

5/14/03

HB 1178-FN - FISCAL NOTE

AN ACT relative to sales of tobacco products to persons under 21 years of age.

FISCAL IMPACT:

The Department of Revenue Administration states this bill may decrease state revenue by an indeterminable amount in FY 2007. There will be no fiscal impact on state, county, and local expenditures or county and local revenue.

METHODOLOGY:

The Department states this bill may have a negative impact on state revenues of less than one percent in FY 2007, but the impact is too small to determine at this time. The Department can administer the requirements of the bill within its current budget.