Existing law prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 18 years of age. Existing law requires a person selling or distributing, or engaging in the nonsale distribution of, tobacco products directly to a consumer in the state through the United States Postal Service or package delivery service to verify that the purchaser or recipient of the product is 18 years of age or older. Under existing law, if the seller, distributor, or nonsale distributor is unable to verify that the purchaser or recipient is 18 years of age or older, he or she is required to require the purchaser or recipient to submit an age-verification kit, which includes a copy of a valid form of government identification, as specified. A violation of these provisions may result in an assessment of civil penalties.

This bill would provide that, for the purposes of these requirements, if a customer or recipient provides an identification card issued by the United States Armed Forces as proof of age and the identification card lacks a physical description, but includes date of birth and a photo, further proof of age is not required.

 THIRD READING  

Bill No: AB 1278

Author: Gray (D)

Introduced: 2/27/15

Vote: 21

SENATE HEALTH COMMITTEE: 8-0, 6/10/15

AYES: Hernandez, Nguyen, Hall, Monning, Nielsen, Pan, Roth, Wolk

NO VOTE RECORDED: Mitchell

ASSEMBLY FLOOR: 78-0, 5/14/15 (Consent) - See last page for vote

SUBJECT: Cigarettes and tobacco products: identification requirements

SOURCE: Author

DIGEST: This bill 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.

ANALYSIS:

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 lacks a physical description but includes a date of birth and a photo, further proof of legal age is not required.

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.

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.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/16/15)

None received

OPPOSITION: (Verified 6/16/15)

None received

ASSEMBLY FLOOR: 78-0, 5/14/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Linder, Medina

Prepared by: Reyes Diaz / HEALTH /

6/16/15 14:35:16

**** END ****

SENATE COMMITTEE ON HEALTH

Senator Ed Hernandez, O.D., Chair

BILL NO: AB 1278

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 lacks a physical description but includes a date of birth and a photo, further proof of legal age is not required.

PRIOR VOTES:

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.

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 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 --

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 1278

Author:Gray – As Introduced Ver:February 27, 2015

SUBJECT: Cigarettes and tobacco products: identification requirements.

SUMMARY: Clarifies that if a military identification card lacks a physical description, but includes date of birth and a photo, further proof of majority is not required for the purposes of selling or distributing of tobacco products directly to a consumer in the state through the United State Postal Service (USPS) or package delivery service.

EXISTING LAW:

1) Prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 18 years of age.

2) Requires a person selling or distributing, or engaging in the nonsale distribution of, tobacco products directly to a consumer in the state through the United States Postal Service or package delivery service to verify that the purchaser or recipient of the product is 18 years of age or older.

3) Specifies that if the seller, distributor, or nonsale distributor is unable to verify that the purchaser or recipient is 18 years of age or older, he or she is required to require the purchaser or recipient to submit an age-verification kit, which includes a copy of a valid form of government identification, as specified.

FISCAL EFFECT: This bill is keyed non-fiscal by Legislative Counsel.

COMMENTS:

Purpose of the bill: This bill would clarify that military men and women of age are able to use their military issued ID to receive or send tobacco products through the USPS or other package delivery service. For many of these individuals their military IDs are the only type of identification they have in their possession and this measure would simply give our military men and women the same rights we provide for our civilization population.

This would 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 Act.

Background: When an individual purchases tobacco products through the USPS or through any other public or private postal or package delivery service, the distributor or seller is required to verify that that individual is 18 years or older. This is done through the seller or the distributor attempting to match the name, address, and date of birth provided by the customer to information contained in appropriate database of government records. These databases are required by federal law.

If the distributor or seller is unable to verify that the purchaser or recipient is 18 years of age or older, they are required to have the customer or recipient to submit an age-verification kit consisting of an attestation signed by the customer or recipient that he/she is 18 years of age or older and a copy of a valid form of government identification.

While valid forms of governmental identification include military identification, military cards issued by the Armed forces, since 2000, do not contain height, weight, hair color, and eye color. For security purposes, that information is now electronically encrypted in order to avoid tampering with the card.

Prevent All Cigarette Trafficking (PACT) Act: The 2010 Prevent All Cigarette Trafficking Act severely restricted the use of the U.S. Postal Service 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.

Tobacco companies may still deliver cigarettes, roll-your-own and smokeless tobacco to consumers, subject to the PACT's other restrictions, via other delivery methods. However, the major delivery services have all voluntary agreed not to deliver these tobacco products to consumers.

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 shall not be required to purchase or consume any alcoholic beverage, as specified.

AB 764 (Calderon), Chapter 68, Statutes of 2005. Established a specified process where in the event an ID card issued to a member of the Armed Forces is provided as proof of age 21 when purchasing alcohol beverages, and the ID lacks a physical description, then proof of being age 21 may be further substantiated if a motor vehicle operator's license or other valid bona fide identification issued by any government jurisdiction is also provided as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531