California Senate bill SJR 8

BILL NUMBER: SJR 8 AMENDED

BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2009

INTRODUCED BY   Senator Corbett

                        MAY 19, 2009

   Relative to electronic cigarettes.

LEGISLATIVE COUNSEL'S DIGEST

   SJR 8, as amended, Corbett. Electronic cigarettes.
   This measure would request that the federal Food and Drug
Administration  (FDA)  prohibit all sales of electronic
cigarettes until  they have been found by FDA to be safe
  the FDA has found them to be safe  .
   Fiscal committee: no.



   WHEREAS, The chemical nicotine is classified as a drug due to its
stimulative, sedative, and addictive qualities; and
   WHEREAS, More  that   than  90 percent
of smokers who seek to quit their addiction to nicotine fail, most
relapsing within one week; and
   WHEREAS, Extended exposure to nicotine results in tolerance,
requiring escalating doses of the drug to receive the desired
stimulation; and
   WHEREAS, Withdrawal symptoms from nicotine include cognitive and
attention defects, cravings, inability to sleep, and sleep
disturbance; and
   WHEREAS, An unregulated product called electronic cigarettes is
currently being marketed as a smokeless alternative to traditional
cigarettes; and
   WHEREAS, Electronic cigarettes are rechargeable, battery operated
drug delivery devices that look similar to cigarettes and allow the
user to inhale a smokeless vapor often containing nicotine; and
   WHEREAS, Electronic cigarette producers market their product to
children by utilizing shopping mall kiosks and locations frequented
by children; and
   WHEREAS, These marketing efforts are similar to previous attempts
to entice children to use nicotine products. Previous campaigns have
included products such as cigarette candy and advertisements with
cartoon characters and flashy packaging; and
   WHEREAS, Studies show a correlation between children who used
cigarette candy and adults who are current or former smokers; and
   WHEREAS, The federal Food and Drug Administration has previously
banned nicotine lollipops and  nicotine  lip balm; and
   WHEREAS, A study published in the Journal of the National Cancer
Institute found that teens were more likely to be influenced to smoke
by cigarette marketing than by peer pressure. Similarly, a study
published in the Journal of the American Medical Association found
that as much as one-third of underage experimentation with smoking
was attributable to tobacco company marketing efforts; and
   WHEREAS, Electronic cigarettes may increase the number of young
smokers; and
   WHEREAS, According to the National Survey on Drug Use and Health,
over 3,600 people under  the age of 18  18 years
of age  begin smoking daily, 1,100 of whom will become regular
smokers. One-third of these young smokers will die of smoking-related
illnesses; and
   WHEREAS, It is in the best interest of California to protect
children from these products; now, therefore, be it
   Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature calls upon local, state,
and federal governments to find ways to prevent the use of nicotine
products by children; and be it further
   Resolved, That the Legislature requests that the federal Food and
Drug Administration (FDA), which has jurisdiction over the regulation
of nicotine products, prohibit all sales of electronic cigarettes
until  they have been found by that FDA to be safe 
 the FDA has found them to be safe  ; and be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President of the United States,
to the President pro Tempore of the United States Senate, to the
Speaker of the House of Representatives, to each Senator and
Representative from California in the Congress of the United States,
to the Commissioner of the United States Food and Drug
Administration, and to the author for appropriate distribution.

UNOFFICIAL BALLOT

MEASURE:	SJR 8
AUTHOR:	Corbett
TOPIC:	Electronic cigarettes.
DATE:	07/16/2009
LOCATION:	SEN. FLOOR
MOTION:	Senate 3rd Reading SJR8 Corbett
	(AYES  22. NOES  13.)  (PASS)


	AYES
	****

Alquist	Calderon	Cedillo	Corbett
Correa	DeSaulnier	Hancock	Kehoe
Leno	Liu	Lowenthal	Maldonado
Negrete McLeod	Pavley	Price	Romero
Simitian	Steinberg	Wiggins	Wolk
Wright	Yee


	NOES
	****

Aanestad	Ashburn	Cogdill	Cox
Denham	Dutton	Harman	Hollingsworth
Huff	Runner	Strickland	Walters
Wyland


	ABSENT, ABSTAINING, OR NOT VOTING
	*********************************

Benoit	Ducheny	Florez	Oropeza  Padilla

CURRENT BILL STATUS

MEASURE	:  S.J.R. No. 8
AUTHOR(S)	:  Corbett.
TOPIC	:  Electronic cigarettes.
HOUSE LOCATION	:  ASM
+LAST AMENDED DATE  :  06/25/2009


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Non-Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  08/20/2009
LAST HIST. ACTION   :  To Com. on  G.O.
COMM. LOCATION	:  ASM GOVERNMENTAL ORGANIZATION


TITLE	:  Relative to electronic cigarettes.

BILL NUMBER: SJR 8	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2009

INTRODUCED BY   Senator Corbett

                        MAY 19, 2009

   Relative to electronic cigarettes.


	LEGISLATIVE COUNSEL'S DIGEST


   SJR 8, as amended, Corbett. Electronic cigarettes.
   This measure would request that the federal Food and Drug
Administration  (FDA)  prohibit all sales of electronic
cigarettes until  they have been found by FDA to be safe
  the FDA has found them to be safe  .
   Fiscal committee: no.



   WHEREAS, The chemical nicotine is classified as a drug due to its
stimulative, sedative, and addictive qualities; and
   WHEREAS, More  that   than  90 percent
of smokers who seek to quit their addiction to nicotine fail, most
relapsing within one week; and
   WHEREAS, Extended exposure to nicotine results in tolerance,
requiring escalating doses of the drug to receive the desired
stimulation; and
   WHEREAS, Withdrawal symptoms from nicotine include cognitive and
attention defects, cravings, inability to sleep, and sleep
disturbance; and
   WHEREAS, An unregulated product called electronic cigarettes is
currently being marketed as a smokeless alternative to traditional
cigarettes; and
   WHEREAS, Electronic cigarettes are rechargeable, battery operated
drug delivery devices that look similar to cigarettes and allow the
user to inhale a smokeless vapor often containing nicotine; and
   WHEREAS, Electronic cigarette producers market their product to
children by utilizing shopping mall kiosks and locations frequented
by children; and
   WHEREAS, These marketing efforts are similar to previous attempts
to entice children to use nicotine products. Previous campaigns have
included products such as cigarette candy and advertisements with
cartoon characters and flashy packaging; and
   WHEREAS, Studies show a correlation between children who used
cigarette candy and adults who are current or former smokers; and
   WHEREAS, The federal Food and Drug Administration has previously
banned nicotine lollipops and  nicotine  lip balm; and
   WHEREAS, A study published in the Journal of the National Cancer
Institute found that teens were more likely to be influenced to smoke
by cigarette marketing than by peer pressure. Similarly, a study
published in the Journal of the American Medical Association found
that as much as one-third of underage experimentation with smoking
was attributable to tobacco company marketing efforts; and
   WHEREAS, Electronic cigarettes may increase the number of young
smokers; and
   WHEREAS, According to the National Survey on Drug Use and Health,
over 3,600 people under  the age of 18  18 years
of age  begin smoking daily, 1,100 of whom will become regular
smokers. One-third of these young smokers will die of smoking-related
illnesses; and
   WHEREAS, It is in the best interest of California to protect
children from these products; now, therefore, be it
   Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature calls upon local, state,
and federal governments to find ways to prevent the use of nicotine
products by children; and be it further
   Resolved, That the Legislature requests that the federal Food and
Drug Administration (FDA), which has jurisdiction over the regulation
of nicotine products, prohibit all sales of electronic cigarettes
until  they have been found by that FDA to be safe 
 the FDA has found them to be safe  ; and be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President of the United States,
to the President pro Tempore of the United States Senate, to the
Speaker of the House of Representatives, to each Senator and
Representative from California in the Congress of the United States,
to the Commissioner of the United States Food and Drug
Administration, and to the author for appropriate distribution.