BILL ANALYSIS
AB 221
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Date of Hearing: April 28, 2003
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Jerome Horton, Chair
AB 221 (Koretz) - As Amended: April 10, 2003
SUBJECT : Tobacco products: minimum legal age: advertising,
display, and distribution limitations.
SUMMARY : Raises the minimum legal age to smoke in California
from 18 to 21, and makes conforming changes to related statutory
provisions. Specifically, this bill :
1)Prohibits persons from making various promotional or
advertising offers of smokeless tobacco products without
taking specified actions to ensure that the product is not
available to persons under 21 years of age, except for those
persons born before January 1, 1986.
2)Extends the applicability of the provisions of the Stop
Tobacco Access to Kids Enforcement (STAKE) Act to persons
under 21 years of age, except for those born before January 1,
1986.
3)Authorizes the Department of Health Services (DHS), until
January 1, 2007, to enlist the assistance of persons who are
15 and 16 years of age in random, onsite sting inspections at
retail sites. On and after January 1, 2007, DHS may enlist
the assistance of persons under 21 years of age for these
inspections.
4)Changes from 18 to 21 the age that retailers must verify for
tobacco sales.
5)Changes from 18 to 21, except for persons born before January
1, 1986, the age of persons prohibited from receiving any
tobacco products or paraphernalia from any person, firm or
corporation.
6)Changes from 18 to 21 the age of persons prohibited from
purchasing tobacco products through the United States Postal
Service or through any other public or private postal or
package delivery service.
7)Specifies that the provisions of this bill are not to be
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construed to prohibit a city or county from enacting laws with
respect to the legal age to purchase or possess any tobacco
product as long as they are at least as stringent as state
law.
EXISTING LAW :
1)Includes the legislative declaration that California must
fully comply with federal regulations, particularly the "Synar
Amendment," that restrict tobacco sales to minors and require
states to vigorously enforce their laws prohibiting the sale
and distribution of tobacco products to persons under 18 years
of age.
2)Creates the STAKE Act, designed to reduce the availability of
tobacco products to minors through specified sales
restrictions and enforcement activities.
3)Authorizes DHS to assess civil penalties, ranging from $200 to
$6,000 depending on the number of offenses, against any
person, firm, or corporation that furnishes a tobacco product
to a minor.
FISCAL EFFECT : Unknown; contains crimes and infractions
mandated cost disclaimer.
COMMENTS : The author intends that this bill reduce the
consumption of tobacco products by young people under the age of
21, and prevent teenagers from becoming addicted to tobacco
products. The author explains that youth smoking has been
identified as one of the most important health care problems,
and that beginning to smoke as an adolescent is the most
important cause of a lifetime smoking addiction.
The author reasons that increasing the minimum legal age
required to purchase tobacco products will have a significant
chilling effect on the number of young people who initiate
smoking. The median age for smoking initiation is 14, and daily
smoking begins around the age of 17. True addiction occurs in
the late teen years, particularly once young people are out of
high school. The Surgeon General reports that most smokers are
confirmed by the time they are 20.
This bill would enact the strictest youth tobacco access law in
the nation. Three states-Alabama, Alaska and Utah-have raised
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the minimum legal age for smoking above that currently required
in California, to the age of 19. The author notes that equating
age 18 with adulthood is a product of the military draft of the
Vietnam era, and bears little relation to the maturity level of
late adolescents. The bill's sponsors-the Preventing Tobacco
Addiction Foundation and the California Medical
Association-point out that raising the drinking age to 21
reduced alcohol usage, not only diminishing drunk driving
deaths, but also youth usage and binge drinking.
Opponents of the bill note that it is inconsistent with federal
law regarding tobacco sales to minors, citing federal statutes
giving states incentives to have and enforce laws prohibiting
the sale or distribution of tobacco to persons under 18.
Opponents also explain that this bill will harm retailers and
the state by shifting sales and associated tax revenues to
neighboring states. Retailers opposed to the bill estimate that
it would reduce tobacco tax revenue by up to 3 percent, or $66
million annually. Other individuals and young persons in
opposition to this measure state that it is in conflict with the
rights 18 year olds have, such as the right to vote, marry,
serve on a jury, enter contracts, and serve in the military.
Previous Legislation: AB 1453 (Koretz) of the 2001-2002
Session, as amended June 3, 2002, proposed to raise the minimum
age to purchase or consume tobacco from 18 to 21 and make
corresponding changes in restrictions on tobacco promotions and
enforcement of tobacco sales bans. The bill was amended later
to address a different subject, and subsequently died in the
Senate.
REGISTERED SUPPORT / OPPOSITION :
Support
American College of Obstetricians and Gynecologists
American Lung Association
California Medical Association (sponsor)
California State PTA
Kaiser Permanente Medical Care Program
Preventing Tobacco Addiction Foundation (sponsor)
Various individuals
Opposition
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Assemblymember Steven Samuelian
California Independent Grocers and Convenience Stores
California Retailers Association
California State Package Store and Tavern Owners Association
Frontiers of Freedom Foundation
National Tax Limitation Committee
UST Public Affairs Inc
Various individuals
Young Americans for Freedom
Analysis Prepared by : Alva Johnson / G. O. / (916) 319-2531