BILL ANALYSIS
SENATE RULES COMMITTEE SB 1849
Office of Senate Floor Analyses
1020 N Street, Suite 524
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THIRD READING
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Bill No: SB 1849
Author: Kelley (R), et al
Amended: 4/17/95
Vote: 21
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SENATE CRIMINAL PROCEDURE COMMITTEE: 5-0, 4/9/96
AYES: Johnson, Kopp, Polanco, Boatwright, Marks
NOT VOTING: Watson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
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SUBJECT: Minors: tobacco products
SOURCE: California Grocers Association
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DIGEST: This bill would increase the fine for minors
purchasing, attempting to purchase or receiving specified
tobacco products from $50 to $75.
This bill would also increase the community service penalty
for minors purchasing or receiving specified tobacco
products from 25 to 30 hours.
ANALYSIS: Current law provides that "every person under
the age of 18 years who purchases or receives any tobacco,
cigarette, or cigarette papers, or any other preparation of
tobacco, or any other instrument or paraphernalia that is
designed for the smoking of tobacco, products prepared from
tobacco, or any controlled substance shall, upon
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conviction, be punished by a fine of fifty dollars ($50) or
25 hours of community service work (emphasis added)."
This bill would:
-- Add the act of attempting to purchase tobacco products
by every person under the age of 18 years.
-- Increase the fine from $50 to $75.
-- Increase the community service from 25 to 30 hours.
The purpose of this bill is to increase the penalties for
minors who purchase or receive specified tobacco products.
As noted above, the existing sanctions for minors
purchasing or receiving tobacco were enacted in 1988
pursuant to SB 1960 (Petris). That measure, according to
the Health and Human Services Committee analysis, was
intended to address the access of children to tobacco:
Concern over distribution of tobacco products which may
reach adolescents results from studies indicating that
virtually all smokers begin using tobacco before the age
of majority. The sponsors of SB 1960 report that one
million adolescents begin to smoke each year, and that
more than half of these users are under 14 years of age.
The author contends that distribution of free tobacco
products unavoidably provides children access to an
addictive product, and is injurious to the public.
Last year, the Legislature enacted the following findings
and declarations concerning tobacco:
1. Smoking is the single most important source of
preventable disease and premature death in California.
2. Smoking is responsible for one-quarter of all death
caused by fire.
3. Tobacco-related disease places a tremendous financial
burden upon the persons with the disease, their
families, the health care delivery system, and society
as a whole.
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4. Despite laws in at least 44 states prohibiting the sale
of tobacco products to minors, each day 3,000 children
start using tobacco products in his nation. Children
under the age of 18 consume 947 million packages of
cigarettes in this country yearly.
5. The earlier a child begins to use tobacco products, the
more likely it is that the child will be unable to
quit.
6. More than 60 percent of all smokers begin smoking by
the age of 14, and 90 percent begin by age 19.
7. Use of smokeless tobacco products among minors in this
state is increasing.
8. Smokeless tobacco or chewing tobacco is harmful to the
health of individuals and may cause gum disease, mouth
or oral cancers, increased tooth decay and leukoplakia.
9. Tobacco product advertising and promotion are an
important cause of tobacco use among children. More
money is spent advertising and promoting tobacco
products than any other consumer product.
10. Distribution of tobacco product samples and coupons is
a recognized source by which minors obtain tobacco
products, beginning the addiction process.
11. It is the intent of the Legislature that keeping
children from beginning to use tobacco products in any
form and encouraging all persons to quit tobacco use
shall be among the highest priorities in disease
prevention for the State of California.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT: (Verified 5/6/96)
California Grocers Association (source)
City of Monrovia Police Department
The Tobacco Institute
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California Retailers Association
California Medical Association
California Academy of Family Physicians
OPPOSITION: (Verified 5/6/96)
California Probation, Parole and Correctional Association
(CPPCA)
ARGUMENTS IN SUPPORT: The author states, the purpose of
the bill is straightforward. It is intended to reduce the
use of tobacco products by minors. According to health and
police officials increasing penalties would serve as an
added deterrent for minors. The increase is small because
according to social welfare officials anything excessive
would be detrimental to the parents.
The California Grocers Association states that they are
"firmly committed to keeping cigarettes and other tobacco
products out of the hands of minors. We supported SB 1927,
the STAKE Act, which increased penalties for retailers who
sell tobacco products to minors. We are also presently
involved in the We Care program. This program provides
retailers with materials to train their employees not to
sell tobacco products to minors.
"We believe that there is a gap in present law which does
not prohibit minors from attempting to purchase or possess
tobacco products. By strengthening the penalty for
purchasing tobacco products and by placing a penalty on
attempting to purchase or possess tobacco products, SB 1849
will help to discourage minors from purchasing or using
tobacco products."
ARGUMENTS IN OPPOSITION: The CPPCA is opposed to the
monetary and community service increases. They state that
they are inundated with serious crimes and do not feel that
increasing the work load for purchasing tobacco is
warranted.
RJG:sl 5/6/96 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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