BILL ANALYSIS Ó SB 977 Page 1 SENATE THIRD READING SB 977 (Pan) As Amended June 15, 2016 Majority vote SENATE VOTE: 33-5 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Arts |6-1 |Chu, Hadley, Levine, |Obernolte | | | |Low, Medina, Nazarian | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |13-5 |Gonzalez, Bloom, |Bigelow, Gallagher, | | | |Bonta, Calderon, |Jones, Obernolte, | | | |Chang, Daly, Eggman, |Wagner | | | |Roger Hernández, | | | | |Holden, Quirk, | | | | |Santiago, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: This bill would prohibit a person from smoking a tobacco product, as defined, within 250 feet of a youth sports SB 977 Page 2 event, as defined, and broaden the definition of "smoke or smoking" in existing law. Specifically, this bill: 1)Declares that a person shall not smoke a cigarette, cigar, or other tobacco-related product or dispose of cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground or a tot lot sandbox area. 2)Prohibits any person located in the same park or facility where a youth sports event is taking place from using a tobacco product within 250 feet of the youth sports event. 3)Contains the following definitions: a) "Youth sports event" means any practice, game, or related activity organized by any entity at which athletes up to 18 years of age are present. b) "Smoke or smoking" is redefined to mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. c) "Tobacco product" means any of the following: i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, SB 977 Page 3 whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. iii) Any component, part, or accessory of a tobacco product, whether or not sold separately. 4)Excludes a nicotine replacement product approved by the United States Food and Drug Administration from the definition of prohibited tobacco product. 5)Prohibits the preemption of the authority of any county, city, or city and county to regulate the use of tobacco products around a youth sports event. Allows a county, city, or city and county to enforce any ordinance adopted before January 1, 2017, or to adopt and enforce a new regulation that is more restrictive than this bill, on and after January 1, 2017. FISCAL EFFECT: According to the Assembly Appropriations Committee, there will be minor nonreimbursable costs to cities and counties for enforcement, costs will be offset to some extent by revenues from fines. COMMENTS: According to the author, "youth sports events should promote healthy habits for children, but current law doesn't ensure a healthy, tobacco-free environment for our young athletes. SB 977 would protect our state's youth and promote SB 977 Page 4 public health by prohibiting the use of tobacco products within 250 feet of a sporting event. Youth sports should encourage young people to develop healthy habits that will help them for the rest of their lives-not expose them to the many health risks associated with secondhand smoke or encourage them to take up tobacco products themselves. Secondhand smoke increases the risk of asthma, lung infection and ear disease, among other serious health conditions-and children are more sensitive to these negative health effects. Ninety percent of adult smokers begin while in their teens, or earlier; and two-thirds become regular, daily smokers before they reach the age of 19. Studies have shown that starting to smoke at an early age increases the number of cigarettes smoked per day in adult life, compounding the risk of tobacco-related diseases. We have no reason to promote such dangerous, long-lasting habits at our youth sports events." The children of the 8th grade class at St. Elizabeth Ann Seton Catholic School, who brought the bill idea to Senator Pan, state that, "Children do what they see. Limiting exposure to all forms of smoking, vaping and e cigarettes will lessen the chance of their starting. ?A healthy youth ensures the future." Recent amendments clarify that the bill's provisions only apply to persons in the same park or facility where the youth sports events is taking place. Please see Assembly Arts, Entertainment, Sports, Tourism, and Internet Media analysis for a full discussion of the measure. Analysis Prepared by: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450 FN: 0003580 SB 977 Page 5