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Home My WebLink AboutMINUTES - 05161995 - 1.3 (2) TO: BOARD OF SUPERVISORS Contra Phil Batchelor, County Administrator Costa FROM: 'r County May 11, 1995 CTO DATE: LEGISLATION - AB 1162 (Speier) - PROHIBITS ADVERTISING TOBACCO SUBJECT: PRODUCTS ON BILLBOARDS WITHIN ONE MILE OF A SCHOOL AND SPECIFICALLY DOES NOT PREEMPT ADDITIONAL LOCAL REGULATION SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 1162 by Assemblywoman Jackie Speier which would prohibit advertising tobacco products on billboards within one mile of a school and specifically does not preempt additional local regulation. BACKGROUND: Existing law regulates selling or giving away tobacco products to minors . Assemblywoman Speier has introduced AB 1162 which was referenced at the recent meeting of the Internal Operations Committee on the subject of billboard advertising of tobacco or alcohol products within 2000 feet of a school . AB 1162 would prohibit advertising tobacco products on any billboard located within one mile of a school . The bill also specifies that this prohibition is a minimum standard and does not preempt local standards imposing a complete ban on billboard advertising or any tobacco-related billboard advertising. AB 1162 failed passage in the Assembly Health Committee on April 18, 1995, but was granted reconsideration. As a result, it could be amended and considered again at any time this year or in 1966 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 1 6. 1995 APPROVED AS RECOMMENDED OTHER XX The Board agreed to not take a position on AB 1162. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED SAY 16 1995 Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF cc: Health Services Director SUPERVISORS AND COUNTY ADMINISTRATOR Public Health Director County Counsel Les Spahnn; Heim, Noack, Kelly & 6;pahnn DEPUTY AMENDED IN ASSEMBLY APRIL 6, 1995 CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 1162 i Introduced by Assembly Member Speier i February 23, 1995 Aft aet to amend Seet4en 22958 of-,aid to add Seems 22960 ftfid 22961 te;the Business and Prefessie fiede,and to amend An act to add Section 22960 to the Business and Professions Code, and to amend Section 19994.31 of the Government Code, relating to tobacco. LEGISLATIVE COUNSEL'S DIGEST AB 1162, as amended, Speier. Tobacco. (1) Under existing law, a person, firm, or corporation may be subject to criminal penalties for knowingly selling or giving away cigarettes or tobacco products to a person who is under thea e of 18. Existing law, the Stop Tobacco Access to Kids Enforcement Act or. the STAKE Act, among other things, requires the State Department of Health Services to develop ' a program to reduce the availability of tobacco products to persons under 18 years of age. The STAKE Act requires that all persons engaging in the retail sale of tobacco products check the identification of tobacco purchases to determine the purchaser's age if the purchaser appears to be under age 18. The STAKE Act authorizes the department to assess civil penalties in accordance with a prescribed schedule against any person, firm, or corporation that sells tobacco products or other controlled substances to persons who are under age 18. 98 AB 1162 — 2 — This 2 —This bill would prohibit any person, firm, corporation, partnership, or other organization from advertising, or causing to be advertised, tobacco products, on any outdoor billboard located within one mile of any public or private elementary school, junior high school, or high school and require the Elepfftfn to ffiake the deyelepffiettt of F=. aftWsmekiftgbillbearrd a fif4 prierrity to the emteet fuels afe arae fer billboard adyertising-. 1n additiee;this W4 would prel-Abit the Sale e - Elistribut of tebaeee preduets &effi -ceding fnaehin e - ether sifftilar des emeept fef A. issued ae effrsale er ei4sa4e ham; to sell aleehehe j where the vending feaehine .ls leeated ftwety freffi i the entraneeT Pi�S blll the depe&tffi to assess eiYA penedtiess. against aty person, fig, or that sets er distribut tebaeee' preEltiets frem a -vend4ffg tnaeh e in-�4elatiau of these ts er against a per-see; fir-ffi,.e - that leases; , or, s these fnaehinesproi4de that thisprohibition is minimum standard and that local standards imposing a complete ban on billboard advertising or .any tobacco-related billboard advertising would not be preempted by the prohibition and would control in the event of a conflict. (2) Existing law prohibits state employees or members of the public from smoking tobacco products inside or within a certain area outside of a state-owned and occupied or state-leased .and occupied building- or passenger vehicle, as defined. This. billwould nese wk4tinthis Prehibiti �. in. addition;prohibit smoking in any outdoor area on the property of those state buildings and vehicles used to provide education and .related services to students of the pie wheels and buildings used b-y the at certain California Seheal fat 0±e Peak the Galifernia Seheel fen the Blind,and the three 'e renters schools for the deaf, blind, and the 3 diagnostic centers. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 98 - 3 — AB 1162 The people of the State of California do enact as follows: 1 SEGTION � Seed 22958 of the Business and 2 SECTION 1. The Legislature lends and declares all of 3 the following., 4 (a) The state has a special responsibility to protect 5 minors. �- 6 (b) The state has strongly supported classroom 7 education concerning the dangers of tobacco use, but this 8 message is undercut if there are advertisements near f 9 schools that encourage the use of tobacco products 10 (c). Many school districts In California have endorsed 11 restricting the advertising of tobacco products and 12 alcoholic beveragesnearschoolsin order to a void sending 13 mixed messages to their students. 14 (d) Accordingly, the California Legislature- 15 determines that the health, safety, and general welfare of 16 the minors of the state could be benefited by the 17 regulation of advertising of tobacco products on 18 billboards near schools 19 SEC. 2. Section 22960 is added to the Business and 20 Professions Code, to read.• 21 22960. (a) No person, firm, corporation,partnership, 22 or other organization shall advertise or cause to be 23 advertised any tobacco products on any outdoor billboard 24 located within a one-mile radius of any public or private 25 elementary school,junior high school, or high school. 26 (b) This section sets forth minimum state restrictions 5: 27 on the advertisement ofany tobacco products on outdoor 28 billboards near public schools and does not preempt or 29 otherwise prohibit the adoption of a local standard that 30 imposes a complete ban on billboard advertising or.on 31 tobacco-related billboard advertising. A local standard 32 that imposes a complete ban on billboard advertising or 33 on tobacco-related billboard advertising shall control in 34 the event of any inconsistency between this section and 35 a local standard. .36 SEC. 3. Section 19994.31 of the Government Code is 37 amended to read.• 98 AB 1162 — 4 - 1 19994.31. Gefftmeneiftg januetry -1; 4994; tie (a) No 2 state employee or member of the public shall smoke any 3 tobacco product inside a state-owned and state-occupied 4 or a state-leased and state-occupied building, or, in an 5 outdoor area within five feet of a main exit or entrance to 6 such a building, or in a passenger vehicle, as defined by 7 Section 465 of the Vehicle Code, owned by the state. 8 (b) Notwithstanding subdivision (a), no state 9 employee or member of the public shall smoke or 10- otherwise use any tobacco product inside a state-owned 11 and state-occupied or state-leased and state-occupied 12 building, or, in any outdoor area on the property of that 13 building, or in a passenger vehicle as defined by Section 14 465 of the Vehicle. Code owned by the state, when those 15' buildings and vehicles are used to provide education and 16 related services to students attending the California 17 School for the Deaf, Fremont, the California School-for 18 the Deaf, Riverside; the California School for the Blind, 19 Fremont; the Diagnostic Center, Northern California; 20 the Diagnostic, Center, Central California; and the 21 Diagnostic Center, Southern California. 22 23 24 All matter omitted in this version of the 25 bill appears in the bill as introduced in the 26 Assembly, February 23, 1995 (JR 11) . 27 28 r O 98