BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 1278             
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          |AUTHOR:        |Gray                                           |
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          |VERSION:       |February 27, 2015                              |
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          |HEARING DATE:  |June 10, 2015  |               |               |
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          |CONSULTANT:    |Reyes Diaz                                     |
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           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  







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          lacks a physical description but includes a date of birth and a  
          photo, further proof of legal age is not required. 
          
           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |78 - 0                      |
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          |Assembly Governmental Organization  |18 - 0                      |
          |Committee:                          |                            |
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          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.








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          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  








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            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.

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