AMENDED

ARIZONA STATE SENATE

ALANNA BENDEL

ASSISTANT RESEARCH ANALYST

CHERIE STONE

LEGISLATIVE RESEARCH ANALYST

HEALTH & HUMAN SERVICES COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

DATE:            February 21, 2019

SUBJECT:      Strike everything amendment to S.B. 1060, relating to electronic smoking devices; use; restrictions

Purpose

Adds electronic smoking device to the definition of smoking as it relates to the Smoke-Free Arizona Act (Act). Contains requirements for enactment for initiatives and referendums (Proposition 105).

Background

In 2006, the Legislature enacted the Act to establish smoking restrictions and the
Smoke-Free Arizona Fund. The Act prohibits smoking in all public places and places of employment, except for: 1) private residences that are not used as a licensed childcare, adult daycare or healthcare facility; 2) hotel and motel rooms designated as smoking rooms; 3) retail tobacco stores that are physically separated and independently ventilated; 4) veterans and fraternal clubs when they are not open to the public; 5) any place an American Indian religious ceremony is held; 6) outdoor patios; and 7) a theatrical performance or film production if smoking is part of the performance or production. A person who smokes where smoking is prohibited is guilty of a petty offense (A.R.S. § 36-601.01).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Expands the definition of smoking to include:

a) inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, hookah or other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic; and

b) using an electronic smoking device that creates an aerosol or vapor or using any oral smoking device to circumvent the prohibition of smoking.

2. Defines an electronic smoking device as:

a) any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner to inhale vapor or aerosol from the product; and

b) any device that is manufactured, distributed, marketed or sold as an e-cigarette, e-cigar,
e-pipe, e-hookah or vape pen or under any other product name or descriptor.

3. Allows smoking in retail stores that sell electronic smoking devices exclusively and have an independent ventilation system.

4. Redefines enclosed area.

5. Makes technical and conforming changes.

6. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the legislature (Proposition 105).

7. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Adopted the strike-everything amendment.

Senate Action

HHS                2/20/19      DPA/SE      6-2-0