BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 977


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          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  








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          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,  








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                 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  








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          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












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