BILL ANALYSIS
SB 1180
Page 1
Date of Hearing: June 29, 2006
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Jerome Horton, Chair
SB 1180 (Migden) - As Amended: June 13, 2006
SENATE VOTE : 30-8
SUBJECT: Health and Human Services: alcohol use prevention:
minors.
SUMMARY : Requires the Secretary of the California Health and
Human Services Agency, on or before January 1, 2008, to issue a
report on alcoholic beverage use by underage youth to the
Legislature. Specifically, this bill :
1)Requires the Department of Alcohol and Drug Programs (DADP) to
prepare the report and identify, collect, analyze and
summarize the most recent research, data, programs, prevention
policies, and other relevant information regarding underage
drinking.
2)Requires the Secretary of DADP to consult with the Department
of Alcoholic Beverage Control (ABC), the State Department of
Health Services, and the office of Attorney General in
developing the report.
3)Specifies the components of the report, including information
on the onset, prevalence, frequency, and intensity of
alcoholic beverage use by underage youth; factors that lead
to, and are associated with, alcoholic beverage use; impact of
alcoholic beverage advertising; federal statutes, programs,
and efforts related to the reduction of alcoholic beverage
use; by underage youth; any harmful health, social, and other
consequences of alcoholic beverage use by underage youth. The
report shall recommend actions to prevent alcoholic beverage
use by underage youth, including legislative changes and
suggestions for new or modified programs and policies that
would aid in the reduction of alcoholic beverage use by youth
in California.
4)Requires the report to focus on alcoholic beverage use by
underage youth in California to the extent relevant
information is available and include national information
where California-specific information is not available.
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5)Requires the costs of completing the report not to exceed one
hundred forty thousand dollars ($140,000).
6)Makes various legislative findings and declarations:
a) Problems associated with alcohol consumption by those
under the minimum drinking age of 21 years constitute a
public health and safety emergency in California and the
nation. The prevention of underage alcohol consumption is
therefore an urgent priority for the people of California.
b) The earlier a young person begins to consume alcoholic
beverages, the more likely it is that he or she will
experience alcohol problems throughout his or her life.
Research has shown that, compared with persons who wait
until 21 years of age or older to begin drinking, those who
start to drink before 15 years of age are at far greater
risk of alcohol problems later in life, including
alcohol-related motor vehicle crashes, assault, and other
types of injuries. Recent increases in alcohol consumption
and binge drinking among underage girls, including girls
under the age of 15 years, emphasize the need for new
initiatives to prevent youth alcohol problems.
c) The sale, transfer, or furnishing of alcoholic beverages
to minors and the public possession of alcohol by minors is
illegal in California. Enforcement of laws designed to
prevent access and consumption of alcoholic beverages by
minors is an urgent priority for the state.
d) California and its governmental subdivisions have
initiated numerous programs and public awareness campaigns
to prevent alcohol problems in minors and to alert citizens
to the dangers associated with underage drinking. These
efforts, which are augmented by programs conducted by
nongovernmental organizations and individuals, are not
sufficiently addressing the public health emergency
associated with underage drinking.
e) Research has established that exposure to alcohol
advertising influences young people's beliefs and
intentions regarding alcoholic beverages and that increased
exposure to alcohol advertising results in increased
underage alcohol consumption.
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f) Research has also established that some alcohol
advertisements have images, themes, slogans, and other
content that are highly attractive to young people and
encourage them to consume alcoholic beverages.
g) Alcoholic beverage products, that research shows are
highly attractive to young people, including girls under
the age of 15 years, are advertised and sold in California.
These products, sometimes referred to as flavored alcoholic
beverages or "alcopops," have added flavorings and
sweeteners. "Alcopops" have a relatively low alcohol
content that makes them similar in taste to fruit drinks,
sodas, and other nonalcoholic beverages popular with young
people. Advertising for these products constitutes a threat
to the health and safety of minors.
h) Current laws and voluntary restrictions on alcohol
advertising have failed to reduce exposure of alcohol
advertising to young people. Research shows that in many
cases minors are exposed to advertisements for particular
alcohol products to a much larger extent than adults,
including young adults, when measured on a per capita
basis. This is true for many "alcopops," whose sweet taste
and similarity to nonalcoholic beverages have been found to
be highly attractive to young people.
i) Because alcoholic beverages are a legal product for
adults, restrictions on youth exposure to alcohol
advertising must provide advertisers with clear guidance as
to what is prohibited, must not impose strict liability on
advertisers, and must be narrowly tailored to ensure the
means to reach potential customers of legal drinking age.
EXISTING LAW :
1)Establishes DADP to develop and implement a statewide plan to
alleviate problems related to inappropriate alcohol use, and
licenses alcoholism or drug abuse recovery or treatment
facilities that provide a range of services in a supportive
environment for adults who are addicted to alcohol or drugs.
2)Authorizes DADP to establish reasonable criteria to evaluate
the performance of various county alcohol programs.
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3)Establishes the Adolescent Alcohol and Drug Treatment and
Recovery Program Act of 1998 to establish community-based
recovery programs to intervene and treat the problems of
alcohol and drugs among youth.
4)Establishes ABC to administer the Alcohol Beverage Control Act
which governs alcoholic beverages in California, and issues
alcoholic beverage license.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill . According to the author, this bill seeks
to find the best methods to address the growing problem of
underage drinking by identifying the key factors associated with
underage drinking and the possible solutions. The author
indicates that concern is rising on the consumption of
"Alcopops," which are alcoholic drinks with sweet, fruity taste
and bright colors that mimic soda pop such as Mike's Hard
Lemonade, Rick's Spiked Lemonade, Doc Otis' Hard Lemonade, Jed's
Hard Lemonade, Tequiza, Sublime, and Hooper's Hooch. A study by
the American Medical Association found that approximately
one-third of teen girls have tried alcopops and youth exposed to
alcopop advertising believed these sweet drinks contained less
alcohol than other drinks. The author also points out that
although California has numerous programs address youth alcohol
problems, these efforts are undermined by advertising campaigns
that glorify and make alcohol consumption attractive.
Underage Drinking . According to DADP, alcohol is the most
commonly used drug, and an estimated 14.6 million Californians
aged 12 years old and over use alcohol, and 6.2 million are
binge drinkers (drinking five or more drinks on one occasion
during the past month). DADP also states that about 27% of all
18 to 20 year olds in California engage in binge drinking, and
5% of all 18 to 20 years olds drive after drinking too much.
According to the 2004 National Survey on Drug Abuse and Health
estimates, approximately 859,000 California residents between
the ages of 12-25 years (204,000 between 12-17 years of age;
655,000 between 18-25 years of age) met the criteria for
dependence on or abuse of alcohol. DADP estimates the cost of
alcohol and other drug abuse in California at $35 billion
annually. This estimate takes into consideration loss of
productivity, health care costs, prevention and treatment costs,
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criminal justice costs, and losses due to crime.
Governor's Prevention Advisory Council (GPAC). GPAC was
established in 2002 under DADP to develop and implement a
unified and integrated statewide prevention coordination plan
for alcohol, tobacco, and other drug use by youth and adults,
and identify means to establish a more efficient prevention
related resources. GPAC consists of various entities including
ABC, the Attorney General's Office, the Department of Health
Services, the California Highway Patrol and the Department of
Education. GPAC has several workgroups, including the Underage
Alcohol Use Workgroup and Binge Drinking Strategic Plan
Workgroup. Both workgroups drafted reports on underage drinking
and binge drinking among youth.
In support . Supporters believe this bill is an important
measure to study underage drinking in California and equip the
State and the Legislature with strategies to prevent and respond
to this growing problem. Supporters further note, underage
drinking, especially in young women, has reached epidemic
proportions. It is a leading cause of death and serious injury,
birth defects, sexual assault and other forms of violence.
In opposition . In opposition, the Distilled Spirits Council of
the United States (DISCUS), states we "support the concept of
addressing underage drinking. We are committed, along with our
sister organization the Century Council, in fighting the use of
alcohol by underage individuals. However, under the legislative
findings and declarations (within the bill) it predetermines the
outcome of the study and as such would not provide an objective
analysis of the issues."
The Wine Institute opposes SB 1180 in its current form. The
Wine Institute states "while there is value in a comprehensive,
factual study based on independent peer-reviewed methodology, in
contrast the bill's intent section has numerous result-oriented
assertions." Secondly, the proposed report should be jointly
prepared by the Department of Alcohol and Drug Programs and the
Department of Alcoholic Beverage Control. The Wine Institute
states that ABC "can provide valuable insight as California's #1
enforcer of our tough underage drinking laws."
Previous Legislation . AB 1657 (Chan) of 2003, would have
limited the sale of any prepackaged alcoholic beverage made with
a "gelatin" base to businesses that prohibit the presence of
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persons under the age of 21 on the premises. This bill failed
passage in the Senate Governmental Organization Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Girl Scouts Councils of California
Alcohol Policy Network
California Medical Association
League of California Cities
Policy Panel on Youth Access to Alcohol
Berkeley City Council
Alameda County Board of Supervisors
California Coalition on Alcopops and Youth
Opposition
Distilled Spirits Council of the United States (oppose unless
amended)
Wine Institute (oppose unless amended)
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531