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F I S C A L I M P A C T R E P O R T
SPONSOR Vigil
ORIGINAL DATE
LAST UPDATED
02/23/07
HB HJM 64
SHORT TITLE
Alcohol Advertisement To Youth Task Force
SB
ANALYST Hanika Ortiz
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$.1 see
narrative
recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of Bill
House Joint Memorial 64 requests the creation of a task force to study to effects of alcohol
advertisements on youth and to recommend constitutionally valid methods of restricting youth
exposure to alcohol advertisements. The memorial further requests the director of alcohol and
gaming to report to the interim legislative health and human services committee no later than
November 2007 on the study and recommendations of the task force.
The memorial provides the following comments:
•
Each day, three teens in the United States die from drinking and driving and at least six
more die from other alcohol-related causes.
•
Each day, more than seven thousand children in the United States under age sixteen take
their first drink.
•
Underage drinking costs the United States fifty-three billion dollars ($53,000,000,000) a
year in medical care, lost productivity and pain and suffering of young drinkers.
•
Approximately one-third of high school seniors engage in heavy episodic or binge
drinking, making them vulnerable to alcohol-induced brain damage and an increased
likelihood of alcohol dependence later in life.
•
Youths who drink alcohol are more likely to experience educational, social and legal
problems and are at a higher risk for suicide and homicide.
•
A USA Today survey found that teens say alcohol ads have a greater influence on the
desire to drink in general than the desire to buy a particular brand.
pg_0002
House Joint Memorial 64 – Page
2
•
A study published in the Journal of the American Medical Association found that the
number of beer and distilled spirits ads tended to increase with a magazine's youth
readership.
•
A study of children ages nine to eleven found that children were more familiar with
Budweiser's television frogs than Kellogg's Tony the Tiger, the Mighty Morphin' Power
Rangers or Smokey Bear.
•
The institute of medicine has called for reforms on the alcohol industry's advertising to
audiences known to include a significant number of children or teens.
•
The institute of medicine has called on the United States department of health and human
services to monitor alcohol advertising and report its findings to congress and the public.
•
The center on alcohol marketing and youth at Georgetown University has documented
widespread exposure of underage youth to alcohol advertisements on television, radio,
the internet and in magazines.
•
The city of Philadelphia unanimously passed an ordinance banning future alcohol
advertising on city-owned property, including public transit bus shelters used by many
school children.
•
The state of Ohio adopted a rule prohibiting alcohol advertising on billboards within five
hundred feet of schools, parks and churches.
•
The national association of attorneys general created the youth access to alcohol task
force to reduce underage drinking, to study youth exposure to alcohol advertising and to
educate state attorneys general on ways to reduce access to alcohol by youth and change
social norms about underage drinking.
FISCAL IMPLICATIONS
Fiscal impact for state agencies will be determined by how often the task force meets; and, any
costs incurred to state agencies as a result of the implementation of recommendations made by
the task force.
State law allows for each member of an advisory committee to receive compensation for travel
and per diem expenses incurred in the performance of their duties within budgeted amounts and
in accordance with the provisions of the Per Diem and Mileage Act, Sections 10-8-1 to 10-8-8
NMSA 1978.
SIGNIFICANT ISSUES
The director of the alcohol and gaming division of the regulation and licensing department is
requested to assemble and chair a task force to accomplish the following:
•
study the relationship between youth exposure to alcohol advertising and youth access to
and consumption of alcohol and to recommend methods of restricting youth exposure to
alcohol advertising;
•
study other states' alcohol advertising laws and their current status, model policies and
best practices and recommend ways of applying best practices in New Mexico;
•
examine the alcohol industry's sponsorship of community events where children are
present and suggest constitutionally valid methods of restricting alcohol industry
sponsorship and signage at community events;
pg_0003
House Joint Memorial 64 – Page
3
•
study and recommend constitutionally defensible restrictions on alcohol advertising and
sponsorship in state publications and on state-owned and state-leased lands, including
state universities, college campuses, state parks, public buildings and state-sponsored
civic events;
•
study and recommend regulation of billboard and other forms of outdoor advertising of
alcoholic beverages;
•
analyze and determine what authority state governments may have to protect youth by
restricting the placement of alcohol advertising in media with disproportionately large
youth audiences.
PERFORMANCE IMPLICATIONS
The task force will include a member of the children's cabinet and representatives from the
attorney general's office, the department of health, the children, youth and families department,
the public education department, the commission on higher education, the New Mexico parent
teacher association, mothers against drunk driving and other relevant and interested groups.
ADMINISTRATIVE IMPLICATIONS
A copy of this memorial is be transmitted to the director of the alcohol and gaming division of
the regulation and licensing department.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
New Mexico may miss opportunities to gather information necessary to study the effects of
alcohol advertisements on youth in our community.
AHO/mt