BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SBX2 7|
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UNFINISHED BUSINESS
Bill No: SBX2 7
Author: Hernandez (D), et al.
Amended: 3/2/16
Vote: 21
SENATE PUBLIC HEALTH & DEV. SERVICES COMMITTEE: 9-3, 8/19/15
AYES: Hernandez, Beall, Hall, Leno, McGuire, Mitchell,
Monning, Pan, Wolk
NOES: Morrell, Moorlach, Nielsen
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/24/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
SENATE FLOOR: 25-11, 8/27/15
AYES: Allen, Beall, Block, De León, Glazer, Hall, Hancock,
Hernandez, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu,
McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Stone,
Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Huff,
Moorlach, Morrell, Nielsen, Runner, Vidak
NO VOTE RECORDED: Gaines, Galgiani, Hertzberg, Nguyen
ASSEMBLY FLOOR: 49-25, 3/3/16 - See last page for vote
SUBJECT: Tobacco products: minimum legal age
SOURCE: American Cancer Society Cancer Action Network
American Lung Association in California
DIGEST: This bill increases the minimum legal age to purchase
or consume tobacco from 18 to 21 and makes additional conforming
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changes to restrictions and enforcement mechanisms in current
law.
Assembly Amendments:
1)Remove the criminal penalties for those under 21 that are
found in possession of tobacco products.
2)Exempt active duty military personnel from the higher age
limit.
3)Add Assembly Member Wood as Principal Coauthor and Senators
Allen and Block as coauthors.
4)Seek to provide conflict resolution between SBX2-7 and SBX2-5
(Leno) that would ensure the 21 age limit would only apply if
both bills pass.
ANALYSIS:
Existing law:
1)Prohibits any person, firm, or corporation from selling,
giving, or in any way, furnishing tobacco products to any
person under the age of 18, including in person and through
mail or telephone.
2)Requires all persons engaging in retail sale of cigarettes and
tobacco products to check the identification of tobacco
purchasers to establish age if the person appears to be under
the age of 18.
3)Establishes that California fully complies with federal
regulations, including the "Synar Amendment," that prohibits
the sale or distribution of tobacco products to individuals
under 18, requires strict enforcement, and conditions federal
Substance Abuse Prevention and Treatment Block Grant funding
upon compliance.
4)Requires the Department of Public Health (DPH) to establish
programs to reduce the availability of tobacco products,
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establish requirements for retailers of tobacco products to
post conspicuously a notice that selling to minors is illegal,
and enforce the laws set forth in the Stop Tobacco Access to
Kids Enforcement Act (STAKE Act).
5)Creates the STAKE Act to reduce the availability of tobacco
products to minors through specified sales restrictions and
enforcement activities, including using 15 and 16 year olds
for onsite random sting inspections.
6)Authorizes DPH to assess civil penalties ranging from $400 to
$6,000 against any person, firm, or corporation that sells,
gives, or in any way furnishes tobacco products to another
person who is under the age of 18 depending on the number of
infractions.
7)Establishes a fine of $75 or 30 hours of community service
work for those persons under age 18 who purchase, receive, or
possess any tobacco product, unless participating in STAKE Act
activities.
This bill:
1)Raises the minimum legal age to purchase and consume tobacco
products to 21 and makes all conforming changes in current
law.
2)Extends the applicability of the 21 years of age restriction
to provisions of the STAKE Act.
3)Deletes penalty provisions for those under 21 found in
possession of tobacco products.
4)Exempts military personnel, with the use of a military
identification card, from the 21 age limit.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Reduced total excise tax and sales tax revenues on tobacco
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products of $68 million per year in the near term. The Board of
Equalization (BOE) projects reduced tobacco excise tax revenues
of about $43 million per year (about $4 million of which would
come from the General Fund and the remainder from special funds
that support a variety of public health programs). The BOE
estimates reduced sales tax revenues of about $25 million per
year (about $13 million coming from the General Fund and the
remainder coming from local government sales tax revenues).
Additional long-run reductions in tobacco excise and sales tax,
likely over $100 million per year.
Unknown, but significant health care cost savings to public
payers. According to the Centers for Disease Control and
Prevention, estimates of annual direct health care costs related
to smoking are between $130 billion and $180 billion per year,
nationally. This bill is likely to reduce health care costs, by
reducing tobacco use rates. If the long-term reduction in the
expenditure of health care costs relating to smoking is
proportional to the reduction in the use rate, total direct
health care costs in the state would be reduced by as much as $2
billion per year in the long-run. A significant portion of those
savings would likely accrue to public payers such as the
Medi-Cal program and CalPERS.
SUPPORT: (Verified3/4/16)
American Cancer Society Cancer Action Network (co-source)
American Lung Association in California (co-source)
American Academy of Pediatrics, California
American College of Emergency Physicians, California Chapter
American Heart Association/American Stroke Association
Association of California Healthcare Districts
Association of Northern California Oncologists
California Academy of Family Physicians
California Academy of Preventive Medicine
California Black Health Network
California Chronic Care Coalition
California Dental Association
California Medical Association
California Optometric Association
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California Pan Ethnic Health Network
California Primary Care Association
California Society of Addiction Medicine
California State Association of Counties
Community Action Fund of Planned Parenthood Orange and San
Bernardino Counties
First 5 Association of California
Health Access California
Kaiser Permanente
March of Dimes, California Chapter
Medical Oncology Association of Southern California, Inc.
Planned Parenthood Advocacy Project Los Angeles
Planned Parenthood Affiliates of California
Planned Parenthood Mar Monte
Planned Parenthood Northern California Action Fund
Planned Parenthood of the Pacific Southwest
San Dieguito Alliance for Drug Free Youth
Santa Clara County Board of Supervisors
Service Employees International Union California
Solano Beach City Council
Solano County Board of Supervisors
OPPOSITION: (Verified3/4/16)
American Legion-Department of California
AMVETS - Department of California
Association of the United States Army
California Distributors Association
California Retailers Association
California State NAACP
Fleet Reserve Association
Jewish War Veterans, Department of California
Military Officers Association of America, California Council of
Chapters
Military Order of the Purple Heart, Department of California
Vietnam Veterans of America - California State Council
ARGUMENTS IN SUPPORT: The American Lung Association in
California (ALA) argues that delaying the age when youth first
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use tobacco can reduce their likelihood of transitioning to
regular tobacco users. ALA states that California has a rich
history of tobacco control that has helped to reduce smoking
rates, but tobacco companies continue to find replacement
smokers. The American Cancer Society Cancer Action Network
writes that this bill is an important component in a
comprehensive strategy to reduce youth consumption of tobacco.
ARGUMENTS IN OPPOSITION: Various veterans groups write in
opposition that this would be unfair to men and women in the
armed forces because if they can serve in our military they
should be allowed to buy a legal product and there is nothing to
justify raising the age to 21. They argue further that this is
not about smoking being right or wrong, but about protecting
liberty and personal freedom.
ASSEMBLY FLOOR: 49-25, 3/3/16
AYES: Achadjian, Baker, Bloom, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Dodd, Eggman, Cristina Garcia, Eduardo Garcia,
Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein,
McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Rendon,
Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Weber,
Williams, Wood, Atkins
NOES: Travis Allen, Bigelow, Brough, Chávez, Dahle, Daly, Beth
Gaines, Gallagher, Gatto, Gray, Harper, Jones, Kim, Lackey,
Linder, Mathis, Mayes, Melendez, Obernolte, Patterson,
Ridley-Thomas, Salas, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Alejo, Frazier, Grove, Olsen, Waldron
Prepared by:Alex Norring / P.H. & D.S. /
3/4/16 12:56:46
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