BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 1278 --------------------------------------------------------------- |AUTHOR: |Gray | |---------------+-----------------------------------------------| |VERSION: |February 27, 2015 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |June 10, 2015 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Reyes Diaz | --------------------------------------------------------------- SUBJECT : Cigarettes and tobacco products: identification requirements. SUMMARY : Specifies that an identification card (ID) issued by the U.S. Armed Forces, as specified, to purchase a tobacco product through the United States Postal Service or other package delivery service satisfies the proof of age requirement. Existing law: 1)Authorizes the California Department of Public Health (DPH), under the Stop Tobacco Access to Kids Enforcement (STAKE) Act, to assess civil penalties ranging from $400 to $6,000, depending on the number of infractions, against any person, firm, or corporation that sells, gives, or in any way furnishes tobacco products to a person who is under the age of 18. 2)Requires a person selling or distributing, or engaging in the non-sale distribution of, tobacco products directly to a consumer in the state through the United States Postal Service (USPS) or package delivery service to verify that the purchaser or recipient of the product is 18 years of age or older through a database of government records. 3)Requires a seller, distributor, or non-sale distributor to require a purchaser or recipient to submit an age-verification kit and a copy of a valid form of government ID if the seller or distributor is unable to verify through the database that the purchaser or recipient is 18 years of age or older. This bill specifies that if a customer or recipient who purchases a tobacco product through the USPS or package delivery services provides an ID issued by the U.S. Armed Forces, which AB 1278 (Gray) Page 2 of ? lacks a physical description but includes a date of birth and a photo, further proof of legal age is not required. PRIOR VOTES : ----------------------------------------------------------------- |Assembly Floor: |78 - 0 | |------------------------------------+----------------------------| |Assembly Governmental Organization |18 - 0 | |Committee: | | ----------------------------------------------------------------- COMMENTS : 1)Author's statement. According to the author, this bill clarifies that military men and women of age are able to use their military-issued IDs to receive or send tobacco products through the USPS or other package delivery service. For many of these individuals, military IDs are the only type of identification they have in their possession, and this measure would simply give military men and women the same rights provided to the civilian population. The provisions in this bill only apply to those tobacco products that can legally be sent through USPS and other delivery service systems as mandated by the Prevent All Cigarette Trafficking (PACT) Act. 2)Background. When an individual purchases tobacco products through the USPS or through any other public or private package delivery service, the distributor or seller is required to verify that the individual is 18 years of age or older by attempting to match the name, address, and date of birth provided by the customer or recipient to information contained in an appropriate database of government records. If the distributor or seller is unable to verify the individual is 18 years of age or older, the distributor or seller is required to require the customer or recipient to submit an age-verification kit consisting of an attestation signed by the customer or recipient that he or she is 18 years of age or older, as well as a copy of a valid form of government identification. Valid forms of government identification include military identification issued by the Armed Forces, which, since the year 2000, do not contain information such as height, weight, or hair or eye color. For security purposes, that information is now electronically encrypted in order to avoid tampering with the card. AB 1278 (Gray) Page 3 of ? 3)PACT Act. The federal 2010 PACT Act restricted the use of the USPS to deliver cigarettes, roll-your-own tobacco, and smokeless tobacco. These tobacco products can no longer be delivered via U.S. mail for consumer purchases, and mail deliveries are generally limited to deliveries between businesses with all applicable licenses for tobacco sales. Pipe tobacco and cigars are not subject to the PACT Act. Tobacco companies may still deliver cigarettes, roll-your-own, and smokeless tobacco to consumers, subject to the PACT Act's licensing and other requirements, via other delivery methods. However, most major package delivery services have all voluntary agreed not to deliver those tobacco products to consumers. 4)Related legislation. SB 151 (Hernandez), raises the minimum age to purchase tobacco products to 21. SB 151 is pending in the Assembly. SB 140 (Leno), recasts and broadens the definition of "tobacco product" in current law to include e-cigarettes (e-cigs) as specified; extends current restrictions and prohibitions against the use of tobacco products to e-cigs; and extends current licensing requirements for manufacturers, importers, distributors, wholesalers, and retailers of tobacco products to e-cigs. SB 140 is pending in the Assembly. SB 24 (Hill), extends STAKE Act requirements to the sale of e-cigs, distinct from the definition of tobacco products, and requires enforcement, as specified; extends current smoke-free laws and penalties to e-cigs; requires e-cig cartridges to be in childproof packaging, as defined; broadens the current definition of e-cigs, as specified; requires all retailers of e-cigs to apply for licensure to sell e-cigs, as specified; and raises the minimum age requirement to purchase and use e-cigs to 21, as specified. SB 24 failed passage on the Senator floor. 5)Prior legislation. AB 59 (Jeffries, Chapter 405, Statutes of 2009), provided that if a military identification card lacks a physical description further proof of majority is not required to purchase or consume any alcoholic beverage, as specified. AB 764 (Calderon, Chapter 68, Statutes of 2005), established a process where in the event an ID issued to a member of the AB 1278 (Gray) Page 4 of ? Armed Forces is provided as proof of legal age when purchasing alcoholic beverages, and the ID lacks a physical description, then proof of legal age may be further substantiated if a driver's license or other valid ID issued by any government jurisdiction is also provided. SUPPORT AND OPPOSITION : Support: None received. Oppose: None received. -- END --