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SPONSOR: |
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DATE TYPED: |
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HB |
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SHORT TITLE: |
Smoking Cessation Programs for Certain Minors |
SB |
707 |
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ANALYST: |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
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(Parenthesis
( ) Indicate Expenditure Decreases)
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
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Indeterminate |
Recurring |
Non-Smoking
Prevention and Cessation Fund |
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(Parenthesis ( ) Indicate Revenue Decreases)
Relates to: SB133; HB144;SB
743
Responses
Received From
Department
of Health (DOH)
Health
Policy Commission (HPC)
SUMMARY
Synopsis
of Bill
SB702 amends NMSA 1978, 30-49 governing Criminal
Penalties for Tobacco Products, strengthens the
requirement for sale to person without identification and creates a smoking
cessation program for minors. A funding source for the program is created.
Significant
Issues
SB702 amends the Tobacco Products Act as
follows:
DOH says that age verification is an important component of youth tobacco control and the ease of purchasing of tobacco. The recommendation of an amendment which requires stricter age verification procedures, resulting in the refusal of tobacco products sales, may deter some minors from attempting to purchase tobacco products. Making tobacco products less accessible to youth under the age of eighteen contributes significantly to reducing or delaying the onset of first use and 30 day use of tobacco.
DOH expresses concern that neither the current Tobacco Products Act nor the proposed amendments in SB 707 identify the agency that would be responsible for enforcement of violations. Violations to Subsection A (knowingly selling tobacco to a minor) carry a misdemeanor penalty. This implies that enforcement is the responsibility of local law enforcement. SB 707 eliminates the penalties imposed on minors who procure, attempt to procure or are in possession of tobacco. Minors who are in violation of Subsection B of Section 30-49-12 NMSA 1978 shall pay a fee of $100 to the DOH to be deposited in the newly created “smoking prevention and cessation for minors fund.” However, there is no indication of the relevant enforcement agency for Subsection B (regarding minors who violate provisions). Given the large number of youth relative to the number of retailers in any given community, enforcement of SB 707 would be difficult at best, and may require considerable resources for the designated enforcement agency.
In spite of the fees that would be collected, it would be very difficult for DOH to ensure the availability of smoking cessation classes throughout the state in reasonable proximity to many rural youth. The issue of how participation in such a program shall be mandated, enforced or evaluated for effectiveness is not addressed. It is unclear how the collection of a fee on vouchers issued by the Department would actually occur.
FISCAL IMPLICATIONS
SB 707 proposes to create a dedicated
fund in the state treasury that would be administered by DOH. The fund would be utilized to provide smoking
cessation classes based upon the $100 class fee imposed on a person required to
attend and participate in a smoking cessation program. The collection of such fees can be used for
programming from year to year because the money from the fund does not revert.
ADMINISTRATIVE IMPLICATIONS
This program
could not be implemented without additional administrative capacity. Since DOH would be responsible for the
administration of the interest earned on the money in the “smoking prevention
and cessation for minors fund” and the fees from the violation of this proposed
bill along with the implementation of prevention and cessation programs
statewide, a minimum of two (2.0) additional FTEs would be required.
CONFLICT, RELATIONSHIP
Relates
to:
Conflicts
with:
TECHNICAL ISSUES
On page 3, Section 3, Subsection B, lines 1-4, the fine not
to exceed one hundred dollars or 48 hours community service has been deleted
and replaced with the required smoking cessation program administered by the
Department of Health. DOH suggests that
the existing fine and community service remain a part of the bill, with the addition
of the program. The elimination of the
fine and community service, and only requiring a smoking cessation program,
removes some of the impact on youth.
OTHER SUBSTANTIVE ISSUES
The Behavioral Health Services
Division (BHSD) has collected data through the administration of pre- and post-evaluation
tools for all prevention programming served by its New Mexico prevention
programming contractors and the outcome data indicates that youth between the
ages of twelve and seventeen possess a thirty day use of tobacco at a rate 3.6%
higher than the national average. The
imposition of attendance in a smoking cessation program may result in reduced
use, which would affect a long-term impact on health issues faced in
In
different states, there are many variations of “youth possession” laws in terms
of the offence itself, the penalty imposed, and the agency responsible for
enforcement. Offences addressed by such laws may include youth purchase,
attempt to purchase, possession, and/or use of tobacco products. The most
common provision is the prohibition of the purchase of tobacco by youth - with
33 states having such a law on their books, including
HPC provides the following information:
The Campaign for
Tobacco-Free Kids, utilizing data from the US Centers for Disease Control and
Prevention-2001 and 2002 data, notes the following statistics for
·
36.2% (41,000) of NM High School students
smoke cigarettes. 5,200 kids (under 18) in
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2,100
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90%
of all smoking adults began smoking in adolescence.
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National and annual health care costs
associated with smoking are more than $75 billion, of which $23.5 billion is
paid out to Medicaid (Centers for Disease Control).
·
According to the Campaign for
Tobacco-Free Kids, for every dollar spent to reduce tobacco use, $3 is saved in
future health care costs.
·
A Canadian study notes that among teens
who tried to quit smoking using a government funded program Quit for Life, over
21% reported that they stopping smoking after six months and another 12%
after 12 months.
BD/sb/ls