Bill Text: CA SB24 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Public Employees' Pension Reform Act of 2013: joint powers authority: employees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-23 - Chaptered by Secretary of State. Chapter 531, Statutes of 2016. [SB24 Detail]
Download: California-2015-SB24-Amended.html
Bill Title: California Public Employees' Pension Reform Act of 2013: joint powers authority: employees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-23 - Chaptered by Secretary of State. Chapter 531, Statutes of 2016. [SB24 Detail]
Download: California-2015-SB24-Amended.html
BILL NUMBER: SB 24 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hill
DECEMBER 1, 2014
An act to amend Sections 22950.5, 22951, 22952, 22956, 22958,
22960, 22961, 22962, 22963, 22970.2, 22971, 22972, 22973, 22974,
22974.7, 22980, 22980.1, 22980.2, 22980.3, and 22980.4 of, and to add
Section 22950.1 to, the Business and Professions Code, to amend
Section 1947.5 of the Civil Code, to amend Section 48901 of the
Education Code, to amend Section 7597 of the Government Code, to
amend Sections 1234, 1286, 1530.7, 1596.795, 104495, 113953.3,
113977, 113978, 114332.3, 114371, 118910, 118925, 118930, 118935,
and 118948 118498, and 119405 of, and
to add Section 119406 to, the Health and Safety Code, to amend
Section 6404.5 of the Labor Code, to amend Sections 308 and 640 of
the Penal Code, to amend Sections 561 and 99580 of the Public
Utilities Code, and to amend Sections 12523 and 12523.5 of the
Vehicle Code, relating to electronic cigarettes.
LEGISLATIVE COUNSEL'S DIGEST
SB 24, as amended, Hill. Electronic cigarettes: licensing and
restrictions.
(1) Existing law, the Stop Tobacco Access to Kids Enforcement Act
(STAKE Act), establishes various requirements for distributors and
retailers relating to tobacco sales to minors
persons under 18 years of age . Existing law makes it a crime,
punishable by a fine not to exceed $500 or by imprisonment not
exceeding 30 days in a county jail, to fail to post a notice, at each
point of purchase, stating that the sale of tobacco products to
minors persons under 18 years of age is
illegal. Existing law also permits enforcing agencies to assess
various civil penalties for violations of the STAKE Act.
This bill would extend the applicability of the STAKE Act's
provisions to persons under 21 ye ars of age. The bill
would extend the requirements of the STAKE Act to the sale of
electronic cigarettes to minors persons under
21 years of age . The bill would require the State Department
of Public Health to enforce the STAKE Act's provisions with regard to
sales of electronic cigarettes commencing July 1, 2016.
The bill would make the failure to post a notice, on and after
July 1, 2016, at each point of purchase, stating that the sale of
electronic cigarettes to minors persons under
21 years of age is illegal, a crime. By expanding the scope of
existing crimes, the bill would impose a state-mandated local
program.
The bill would provide that the STAKE Act does not invalidate
existing local government ordinances regulating the distribution or
sale of cigarettes, electronic cigarettes, or tobacco products, or
prohibit local governments from adopting ordinances regulating the
distribution or sale of cigarettes, electronic cigarettes, or tobacco
products that are more restrictive than state law.
(2) Existing law prohibits a person from selling or otherwise
furnishing an electronic cigarette to minors, and makes a violation
punishable as an infraction.
The bill would prohibit a person from selling or otherwise
furnishing an electronic cigarette to persons under 21 years of age.
By expanding the scope of an existing crime, the bill would impose a
state-mandated local program.
The bill would require that cartridges for electronic cigarettes
and solutions for filling electronic cigarettes be in child-proof
packaging to protect children from opening and ingesting the
contents.
(3) Existing law, the Cigarette and Tobacco Products Licensing
Act, requires the State Board of Equalization to administer a
statewide program to license manufacturers, importers, distributors,
wholesalers, and retailers of cigarettes and tobacco products.
Existing law makes a violation of the Cigarette and Tobacco Products
Licensing Act a misdemeanor punishable by a fine not to exceed
$5,000, by imprisonment not exceeding one year in a county jail, or
by both the fine and imprisonment. Existing law also permits the
State Board of Equalization to assess various civil penalties for
violations of the Cigarette and Tobacco Products Licensing Act.
The bill would require retailers to apply for a license to sell
electronic cigarettes commencing July 1, 2016, and to display the
license at each retail location commencing September 30, 2016. The
bill would require the State Board of Equalization to administer a
statewide program to license retailers of electronic cigarettes. The
bill would also make retailers of electronic cigarettes subject to
various civil and criminal penalties if they fail to comply with
licensing requirements.
(4) Existing law prohibits the smoking of cigarettes and other
tobacco products in a variety of specified areas. Under existing law,
a violation of some of these provisions is punishable as a crime.
This bill would prohibit the use of electronic cigarettes in a
variety of specified areas where the smoking of cigarettes and other
tobacco products is prohibited. The bill would also make
corresponding changes. The bill would make the use of electronic
cigarettes in some of these restricted locations a violation
punishable as a crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22950.1 is added to the Business and
Professions Code, to read:
22950.1. Nothing in this division nor any other law shall be
construed to invalidate an existing ordinance of, or prohibit the
adoption of an ordinance by, a city or county that regulates the
distribution or sale of cigarettes, electronic cigarettes, or tobacco
products in a manner that is more restrictive than this division, to
the extent that the ordinance is not otherwise prohibited by federal
law.
SEC. 2. Section 22950.5 of the Business and Professions Code is
amended to read:
22950.5. For purposes of this division, the following terms have
the following meanings:
(a) "Department" means the State Department of Public Health.
(b) "Enforcing agency" means the State Department of Public
Health, another state agency, including, but not limited to, the
office of the Attorney General, or a local law enforcement agency,
including, but not limited to, a city attorney, district attorney, or
county counsel.
(c) "Electronic cigarette" has the same meaning as that term is
defined in subdivision (b) of Section 119405 of the Health and Safety
Code and shall also include any aerosol or vapor cartridge or other
container of a solution, that may or may not contain nicotine, that
is intended to be used with or in an electronic cigarette.
SEC. 3. Section 22951 of the Business and Professions Code is
amended to read:
22951. The Legislature finds and declares that reducing and
eventually eliminating the illegal purchase and consumption of
tobacco products and electronic cigarettes by minors is critical to
ensuring the long-term health of our state's citizens. Accordingly,
California must fully comply with federal regulations, particularly
the "Synar Amendment," that restrict tobacco sales to minors and
require states to vigorously enforce their laws prohibiting the sale
and distribution of tobacco products to persons under 18 years of
age. Full compliance and vigorous enforcement of the "Synar Amendment"
requires the collaboration of multiple state and local agencies that
license, inspect, or otherwise conduct business with retailers,
distributors, or wholesalers that sell tobacco.
SEC. 4. Section 22952 of the Business and Professions Code is
amended to read:
22952. The State Department of Public Health shall do all of the
following:
(a) Establish and develop a program to reduce the availability of
tobacco products and electronic cigarettes to persons under
18 21 years of age through the enforcement
activities authorized by this division.
(b) Establish requirements that retailers of tobacco products or
electronic cigarettes post conspicuously, at each point of purchase,
a notice stating that selling tobacco products or electronic
cigarettes to anyone under 18 21 years
of age is illegal and subject to penalties. The notice shall also
state that the law requires that all persons selling tobacco products
or electronic cigarettes check the identification of a purchaser of
tobacco products or electronic cigarettes who reasonably appears to
be under 18 21 years of age. The
warning signs shall include a toll-free telephone number to the
department for persons to report unlawful sales of tobacco products
or electronic cigarettes to minors persons
under 21 years of age .
(c) Provide that primary responsibility for enforcement of this
division shall be with the department. In carrying out its
enforcement responsibilities, the department shall conduct random,
onsite sting inspections at retail sites and shall enlist the
assistance of persons that are 15 and 16
under 21 years of age in conducting these enforcement
activities. The department may conduct onsite sting inspections in
response to public complaints or at retail sites where violations
have previously occurred, and investigate illegal sales of tobacco
products or electronic cigarettes to minors
persons under 21 years of age by telephone, mail, or the
Internet. Participation in these enforcement activities by a person
under 18 21 years of age does not
constitute a violation of subdivision (b) of Section 308 of the Penal
Code for the person under 18 21 years
of age, and the person under 18 21
years of age is immune from prosecution thereunder, or under any
other provision of law prohibiting the purchase of these products by
a person under 18 21 years of age.
(d) In accordance with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, the
department shall adopt and publish guidelines for the use of persons
under 18 21 years of age in inspections
conducted pursuant to subdivision (c) that shall include, but not be
limited to, all of the following:
(1) An enforcing agency may use persons under 18
21 years of age who are 15 or 16 years
of age in random inspections to determine if sales of
cigarettes, electronic cigarettes, or other tobacco products are
being made to persons under 18 21 years
of age.
(2) A photograph or video recording of the person under
18 21 years of age shall be taken prior to each
inspection or shift of inspections and retained by the enforcing
agency for purposes of verifying appearances.
(3) An enforcing agency may use video recording equipment when
conducting the inspections to record and document illegal sales or
attempted sales.
(4) The person under 18 21 years of
age, if questioned about his or her age, need not state his or her
actual age but shall present a true and correct identification if
verbally asked to present it. Any failure on the part of the person
under 18 21 years of age to provide true
and correct identification, if verbally asked for it, shall be a
defense to an action pursuant to this section.
(5) The person under 18 21 years of
age shall be under the supervision of a regularly employed peace
officer during the inspection.
(6) All persons under 18 21 years of
age used in this manner by an enforcing agency shall display the
appearance of a person under 18 21
years of age. It shall be a defense to an action under this division
that the person's appearance was not that which could be generally
expected of a person under 18 21 years
of age, under the actual circumstances presented to the seller of the
cigarettes, electronic cigarettes, or other tobacco products at the
time of the alleged offense.
(7) Following the completion of the sale, the peace officer
accompanying the person under 18 21
years of age shall reenter the retail establishment and shall inform
the seller of the random inspection. Following an attempted sale, the
enforcing agency shall notify the retail establishment of the
inspection.
(8) Failure to comply with the procedures set forth in this
subdivision shall be a defense to an action brought pursuant to this
section.
(e) Be responsible for ensuring and reporting the state's
compliance with Section 1926 of Title XIX of the federal Public
Health Service Act (42 U.S.C. Sec. 300x-26) and any implementing
regulations adopted in relation thereto by the United States
Department of Health and Human Services. A copy of this report shall
be made available to the Governor and the Legislature.
(f) Provide that any civil penalties imposed pursuant to Section
22958 shall be enforced against the owner or owners of the retail
business and not the employees of the business.
(g) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2016.
SEC. 5. Section 22956 of the Business and Professions Code is
amended to read:
22956. All persons engaging in the retail sale of tobacco
products or electronic cigarettes shall check the identification of
purchasers of those items, to establish the age of the purchaser, if
the purchaser reasonably appears to be under 18
21 years of age.
SEC. 6. Section 22958 of the Business and Professions Code is
amended to read:
22958. (a) An enforcing agency may assess civil penalties against
any person, firm, or corporation that sells, gives, or in any way
furnishes to another person who is under the age of 18
21 years of age , any tobacco,
cigarette, electronic cigarette, cigarette papers, any other
instrument or paraphernalia that is designed for the smoking or
ingestion of tobacco, products prepared from tobacco, or any
controlled substance, according to the following schedule: (1) a
civil penalty of from four hundred dollars ($400) to six hundred
dollars ($600) for the first violation, (2) a civil penalty of from
nine hundred dollars ($900) to one thousand dollars ($1,000) for the
second violation within a five-year period, (3) a civil penalty of
from one thousand two hundred dollars ($1,200) to one thousand eight
hundred dollars ($1,800) for a third violation within a five-year
period, (4) a civil penalty of from three thousand dollars ($3,000)
to four thousand dollars ($4,000) for a fourth violation within a
five-year period, or (5) a civil penalty of from five thousand
dollars ($5,000) to six thousand dollars ($6,000) for a fifth
violation within a five-year period.
(b) (1) In addition to the civil penalties described in
subdivision (a), upon the assessment of a civil penalty for the
third, fourth, or fifth violation, the department, within 60 days of
the date of service of the final administrative adjudication on the
parties or payment of the civil penalty for an uncontested violation,
shall notify the State Board of Equalization of the violation. The
State Board of Equalization shall then assess a civil penalty of two
hundred fifty dollars ($250) and suspend or revoke a license issued
pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6
in accordance with the following schedule:
(A) A 45-day suspension of the license for a third violation at
the same location within a five-year period.
(B) A 90-day suspension of the license for a fourth violation at
the same location within a five-year period.
(C) Revocation of the license for a fifth violation at the same
location within a five-year period.
(2) The provisions of Chapter 4 (commencing with Section 55121) of
Part 30 of Division 2 of the Revenue and Taxation Code apply with
respect to the collection of the penalty imposed by the State Board
of Equalization pursuant to paragraph (1).
(c) (1) For each suspension or revocation pursuant to subdivision
(b), the civil penalty of two hundred fifty dollars ($250) assessed
pursuant to that subdivision, notwithstanding Section 22953, shall be
deposited into the Cigarette and Tobacco Products Compliance Fund
established pursuant to Section 22990. Moneys from that civil penalty
deposited into this fund shall be made available to the State Board
of Equalization, upon appropriation by the Legislature, for the
purposes of meeting its duties under subdivision (b).
(2) The department shall, upon request, provide to the State Board
of Equalization information concerning any person, firm, or
corporation that has been assessed a civil penalty for violation of
the STAKE Act pursuant to this section when the department has
notified the State Board of Equalization of the violation.
(d) The enforcing agency shall assess penalties pursuant to the
schedule set forth in subdivision (a) against a person, firm, or
corporation that sells, offers for sale, or distributes tobacco
products or electronic cigarettes from a cigarette or tobacco
products vending machine, or a person, firm, or corporation that
leases, furnishes, or services these machines in violation of Section
22960.
(e) An enforcing agency may assess civil penalties against a
person, firm, or corporation that sells or deals in tobacco or any
preparation thereof, and fails to post conspicuously and keep posted
in the place of business at each point of purchase the notice
required pursuant to subdivision (b) of Section 22952. The civil
penalty shall be in the amount of two hundred dollars ($200) for the
first offense and five hundred dollars ($500) for each additional
violation.
(f) An enforcing agency shall assess penalties in accordance with
the schedule set forth in subdivision (a) against a person, firm, or
corporation that advertises or causes to be advertised a tobacco
product or electronic cigarette on an outdoor billboard in violation
of Section 22961.
(g) If a civil penalty has been assessed pursuant to this section
against a person, firm, or corporation for a single, specific
violation of this division, the person, firm, or corporation shall
not be prosecuted under Section 308 of the Penal Code for a violation
based on the same facts or specific incident for which the civil
penalty was assessed. If a person, firm, or corporation has been
prosecuted for a single, specific violation of Section 308 of the
Penal Code, the person, firm, or corporation shall not be assessed a
civil penalty under this section based on the same facts or specific
incident upon which the prosecution under Section 308 of the Penal
Code was based.
(h) (1) In the case of a corporation or business with more than
one retail location, to determine the number of accumulated
violations for purposes of the penalty schedule set forth in
subdivision (a), violations of this division by one retail location
shall not be accumulated against other retail locations of that same
corporation or business.
(2) In the case of a retail location that operates pursuant to a
franchise as defined in Section 20001, violations of this division
accumulated and assessed against a prior owner of a single franchise
location shall not be accumulated against a new owner of the same
single franchise location for purposes of the penalty schedule set
forth in subdivision (a).
(i) Proceedings under this section shall be conducted pursuant to
Section 131071 of the Health and Safety Code, except in cases where a
civil penalty is assessed by an enforcing agency other than the
department, in which case proceedings shall be conducted pursuant to
the procedures of that agency that are consistent with Section 131071
of the Health and Safety Code.
SEC. 7. Section 22960 of the Business and Professions Code is
amended to read:
22960. (a) Except as provided in subdivision (b), a cigarette,
electronic cigarette, or tobacco product shall not be sold, offered
for sale, or distributed from a vending machine or appliance, or any
other coin or token operated mechanical device designed or used for
vending purposes, including, but not limited to, machines or devices
that use remote control locking mechanisms.
(b) (1) Cigarette, electronic cigarette, or tobacco product
vending machines or appliances may be located at least 15 feet away
from the entrance of a premise issued an on-sale public premises
license as defined in Section 23039 by the Department of Alcoholic
Beverage Control to sell alcoholic beverages.
(2) As used in this subdivision "at least 15 feet away from the
entrance" means within the premises of the licensed establishment and
not outside those premises.
(c) This section and subdivision (b) of Section 22958 set forth
minimum state restrictions on the sale of cigarettes, electronic
cigarettes, or tobacco products from vending machines or devices and
do not preempt or otherwise prohibit the adoption of a local standard
that further restricts access to and reduces the availability of
cigarettes, electronic cigarettes, or tobacco products from vending
machines or devices or that imposes a complete ban on the sale of
cigarettes or tobacco products from vending machines or devices. A
local standard that further restricts or imposes a complete ban on
the sale of cigarettes, electronic cigarettes, or tobacco products
from vending machines or devices shall control in the event of an
inconsistency between this section and a local standard.
(d) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2016.
SEC. 8. Section 22961 of the Business and Professions Code is
amended to read:
22961. (a) No person, firm, corporation, partnership, or other
organization shall advertise or cause to be advertised any tobacco
products or electronic cigarettes on any outdoor billboard located
within 1,000 feet of any public or private elementary school, junior
high school, or high school, or public playground.
(b) This section sets forth minimum state restrictions on the
advertisement of any tobacco products or electronic cigarettes on
outdoor billboards near schools and public playgrounds and does not
preempt or otherwise prohibit the adoption of a local standard that
imposes a more restrictive or complete ban on billboard advertising
or on tobacco-related billboard advertising. A local standard that
imposes a more restrictive or complete ban on billboard advertising
or on tobacco-related billboard advertising shall control in the
event of any inconsistency between this section and a local standard.
(c) This section shall not be construed to prohibit the display of
a message or advertisement opposing the use of tobacco products or
electronic cigarettes. However, this subdivision shall not be
construed to permit an advertisement promoting the use of tobacco
products or electronic cigarettes by including a message opposing the
use of tobacco products or electronic cigarettes within that
advertisement.
SEC. 9. Section 22962 of the Business and Professions Code is
amended to read:
22962. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Self-service display" means the open display of electronic
cigarettes, tobacco products, or tobacco paraphernalia in a manner
that is accessible to the general public without the assistance of
the retailer or employee of the retailer.
(2) "Tobacco paraphernalia" means cigarette papers or wrappers,
blunt wraps as defined in Section 308 of the Penal Code, pipes,
holders of smoking materials of all types, cigarette rolling
machines, or other instruments or things designed for the smoking or
ingestion of tobacco products.
(3) "Tobacco product" means any product containing tobacco leaf,
including, but not limited to, cigarettes, cigars, pipe tobacco,
snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco.
(4) "Tobacco store" means a retail business that meets all of the
following requirements:
(A) Primarily sells tobacco products or electronic cigarettes.
(B) Generates more than 60 percent of its gross revenues annually
from the sale of electronic cigarettes, tobacco products, and tobacco
paraphernalia.
(C) Does not permit any person under 18 21
years of age to be present or enter the premises at any time,
unless accompanied by the person's parent or legal guardian, as
defined in Section 6903 of the Family Code.
(D) Does not sell alcoholic beverages or food for consumption on
the premises.
(b) (1) (A) Except as permitted in subdivision (b) of Section
22960, it is unlawful for a person engaged in the retail sale of
tobacco products or electronic cigarettes to sell, offer for sale, or
display for sale any electronic cigarette, tobacco product, or
tobacco paraphernalia by self-service display. A person who violates
this section is subject to those civil penalties specified in the
schedule in subdivision (a) of Section 22958.
(B) A person who violates this section is subject to those civil
penalties specified in the schedule in subdivision (a) of Section
22958.
(2) It is unlawful for a person engaged in the retail sale of
blunt wraps to place or maintain, or to cause to be placed or
maintained, any blunt wraps advertising display within two feet of
candy, snack, or nonalcoholic beverage displayed inside any store or
business.
(3) It is unlawful for any person or business to place or
maintain, or cause to be placed or maintained, any blunt wrap
advertising display that is less than four feet above the floor.
(c) Subdivision (b) shall not apply to the display in a tobacco
store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping
tobacco, provided that in the case of cigars they are generally not
sold or offered for sale in a sealed package of the manufacturer or
importer containing less than six cigars. In any enforcement action
brought pursuant to this division, the retail business that displays
any of the items described in this subdivision in a self-service
display shall have the burden of proving that it qualifies for the
exemption established in this subdivision.
(d) The Attorney General, a city attorney, a county counsel, or a
district attorney may bring a civil action to enforce this section.
(e) This section does not preempt or otherwise prohibit the
adoption of a local standard that imposes greater restrictions on the
access to tobacco products or electronic cigarettes than the
restrictions imposed by this section. To the extent that there is an
inconsistency between this section and a local standard that imposes
greater restrictions on the access to tobacco products or electronic
cigarettes, the greater restriction on the access to tobacco products
or electronic cigarettes in the local standard shall prevail.
SEC. 10. Section 22963 of the Business and Professions Code is
amended to read:
22963. (a) The sale, distribution, or nonsale distribution of
tobacco products or electronic cigarettes directly or indirectly to
any person under the age of 18 21 years
of age through the United States Postal Service or
through any other public or private postal or package delivery
service at locations, including, but not limited to, public mailboxes
and mailbox stores, is prohibited.
(b) Any person selling or distributing, or engaging in the nonsale
distribution of, tobacco products or electronic cigarettes directly
to a consumer in the state through the United States Postal Service
or by any other public or private postal or package delivery service,
including orders placed by mail, telephone, facsimile transmission,
or the Internet, shall comply with the following provisions:
(1) (A) Before enrolling a person as a customer, or distributing
or selling, or engaging in the nonsale distribution of, the tobacco
product or electronic cigarette through any of these means, the
distributor or seller shall verify that the purchaser or recipient of
the product is 18 21 years of age or
older. The distributor or seller shall attempt to match the name,
address, and date of birth provided by the customer to information
contained in records in a database of individuals whose age has been
verified to be 18 21 years or older by
reference to an appropriate database of government records kept by
the distributor, a direct marketing firm, or any other entity. In the
case of a sale, the distributor or seller shall also verify that the
billing address on the check or credit card offered for payment by
the purchaser matches the address listed in the database.
(B) If the seller, distributor, or nonsale distributor, is unable
to verify that the purchaser or recipient is 18
21 years of age or older pursuant to subparagraph (A), he
or she shall 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 21
years of age or older and a copy of a valid form of government
identification. For the purposes of this section, a valid form of
government identification includes a driver's license, state
identification card, passport, an official naturalization or
immigration document, such as an alien registration receipt card
(commonly known as a "green card") or an immigrant visa, or military
identification. In the case of a sale, the distributor or seller
shall also verify that the billing address on the check or credit
card provided by the consumer matches the address listed in the form
of government identification.
(2) In the case of a sale, the distributor or seller shall impose
a two-carton minimum on each order of cigarettes, and shall require
payment for the purchase of any tobacco product or electronic
cigarette to be made by personal check of the purchaser or the
purchaser's credit card. No money order or cash payment shall be
received or permitted. The distributor or seller shall submit to each
credit card acquiring company with which it has credit card sales
identification information in an appropriate form and format so that
the words "tobacco product" or "electronic cigarette" may be printed
in the purchaser's credit card statement when a purchase of a tobacco
product or electronic cigarette is made by credit card payment.
(3) In the case of a sale, the distributor or seller shall make a
telephone call after 5 p.m. to the purchaser confirming the order
prior to shipping the tobacco products or electronic cigarettes. The
telephone call may be a person-to-person call or a recorded message.
The distributor or seller is not required to speak directly with a
person and may leave a message on an answering machine or by voice
mail.
(4) The nonsale distributor shall deliver the tobacco product or
electronic cigarette to the recipient's verified mailing address, or
in the case of a sale, the seller or distributor shall deliver the
tobacco product or electronic cigarette to the purchaser's verified
billing address on the check or credit card used for payment. No
delivery described under this section shall be permitted to any post
office box.
(c) Notwithstanding subdivisions (a) and (b), if a seller,
distributor, or nonsale distributor, complies with all of the
requirements of this section and a minor
person under 21 years of age obtains a tobacco product or
electronic cigarette by any of the means described in subdivision
(b), the seller, distributor, or nonsale distributor is not in
violation of this section.
(d) For the purposes of the enforcement of this section pursuant
to Section 22958, the acts of the United States Postal Service or
other common carrier when engaged in the business of transporting and
delivering packages for others, and the acts of a person, whether
compensated or not, who transports or delivers a package for another
person without any reason to know of the package's contents, are not
unlawful and are not subject to civil penalties.
(e) (1) (A) For the purposes of this section, a "distributor" is
any person or entity, within or outside the state, who agrees to
distribute tobacco products or electronic cigarettes to a customer or
recipient within the state. The United States Postal Service or any
other public or private postal or package delivery service are not
distributors within
the meaning of this section.
(B) A "nonsale distributor" is any person inside or outside of
this state who, directly or indirectly, knowingly provides tobacco
products or electronic cigarettes to any person in this state as part
of a nonsale transaction. "Nonsale distributor" includes the person
or entity who provides the tobacco product or electronic cigarette
for delivery and the person or entity who delivers the product to the
recipient as part of a nonsale transaction.
(C) "Nonsale distribution" means to give electronic cigarettes,
smokeless tobacco, or cigarettes to the general public at no cost, or
at nominal cost, or to give coupons, coupon offers, gift
certificates, gift cards, or other similar offers, or rebate offers
for electronic cigarettes, smokeless tobacco, or cigarettes to the
general public at no cost or at nominal cost. Distribution of
electronic cigarettes, tobacco products, coupons, coupon offers, gift
certificates, gift cards, or other similar offers, or rebate offers
in connection with the sale of another item, including electronic
cigarettes, tobacco products, cigarette lighters, magazines, or
newspapers shall not constitute nonsale distribution.
(2) For the purpose of this section, a "seller" is any person or
entity, within or outside the state, who agrees to sell tobacco
products or electronic cigarettes to a customer within the state. The
United States Postal Service or any other public or private postal
or package delivery service are not sellers within the meaning of
this section.
(3) For the purpose of this section, a "carton" is a package or
container that contains 200 cigarettes.
(f) A district attorney, city attorney, or the Attorney General
may assess civil penalties against any person, firm, corporation, or
other entity that violates this section, according to the following
schedule:
(1) A civil penalty of not less than one thousand dollars ($1,000)
and not more than two thousand dollars ($2,000) for the first
violation.
(2) A civil penalty of not less than two thousand five hundred
dollars ($2,500) and not more than three thousand five hundred
dollars ($3,500) for the second violation.
(3) A civil penalty of not less than four thousand dollars
($4,000) and not more than five thousand dollars ($5,000) for the
third violation within a five-year period.
(4) A civil penalty of not less than five thousand five hundred
dollars ($5,500) and not more than six thousand five hundred dollars
($6,500) for the fourth violation within a five-year period.
(5) A civil penalty of ten thousand dollars ($10,000) for a fifth
or subsequent violation within a five-year period.
SEC. 11. Section 22970.2 of the Business and Professions Code is
amended to read:
22970.2. The board shall administer a statewide program to
license manufacturers, importers, distributors, wholesalers, and
retailers of cigarettes and tobacco products, and retailers of
electronic cigarettes.
SEC. 12. Section 22971 of the Business and Professions Code is
amended to read:
22971. For purposes of this division, the following terms shall
have the following meanings:
(a) "Board" means the State Board of Equalization.
(b) "Brand family" has the same meaning as that term is defined in
paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue
and Taxation Code.
(c) (1) "Cigarette" means a cigarette as defined in Section 30003
of the Revenue and Taxation Code.
(2) "Electronic cigarette" means a device as defined in
subdivision (c) of Section 22950.5.
(d) (1) "Control" or "controlling" means possession, direct or
indirect, of the power:
(A) To vote 25 percent or more of any class of the voting
securities issued by a person.
(B) To direct or cause the direction of the management and
policies of a person, whether through the ownership of voting
securities, by contract, other than a commercial contract for goods
or nonmanagement services, or as otherwise provided; however, no
individual shall be deemed to control a person solely on account of
being a director, officer, or employee of that person.
(2) For purposes of subparagraph (B) of paragraph (1), a person
who, directly or indirectly, owns, controls, holds, with the power to
vote, or holds proxies representing 10 percent or more of the then
outstanding voting securities issued by another person, is presumed
to control that other person.
(3) For purposes of this division, the board may determine whether
a person in fact controls another person.
(e) "Display for sale" means the placement of cigarettes,
electronic cigarettes, or tobacco products in a vending machine or in
retail stock for the purpose of selling or gifting the cigarettes,
electronic cigarettes, or tobacco products. For purposes of this
definition, the clear and easily visible display of cigarettes,
electronic cigarettes, or tobacco products shall create a rebuttable
presumption that the products were displayed for sale.
(f) "Distributor" means a distributor as defined in Section 30011
of the Revenue and Taxation Code.
(g) "Gifting" means any transfer of title or possession without
consideration, exchange, or barter, in any manner or by any means, of
cigarettes, electronic cigarettes, or tobacco products that have
been purchased for resale under a license issued pursuant to this
division if the transfer occurs while the license is suspended or
after the effective date of its revocation.
(h) "Importer" means an importer as defined in Section 30019 of
the Revenue and Taxation Code.
(i) "Law enforcement agency" means a sheriff, a police department,
or a city, county, or city and county agency or department
designated by the governing body of that agency to enforce this
chapter or to enforce local smoking and tobacco ordinances and
regulations.
(j) "License" means a license issued by the board pursuant to this
division.
(k) "Licensee" means any person holding a license issued by the
board pursuant to this division.
(l) "Manufacturer" means a manufacturer of cigarettes or tobacco
products sold in this state.
(m) "Notice" or "notification" means, unless as otherwise
provided, the written notice or notification provided to a licensee
by the board by either actual delivery to the licensee or by
first-class mail addressed to the licensee at the address on the
license.
(n) "Package of cigarettes" means a package as defined in Section
30015 of the Revenue and Taxation Code.
(o) "Person" means a person as defined in Section 30010 of the
Revenue and Taxation Code.
(p) "Retailer" means a person who engages in this state in the
sale of cigarettes, electronic cigarettes, or tobacco products
directly to the public from a retail location. Retailer includes a
person who operates vending machines from which cigarettes,
electronic cigarettes, or tobacco products are sold in this state.
(q) "Retail location" means both of the following:
(1) Any building from which cigarettes, electronic cigarettes, or
tobacco products are sold at retail.
(2) A vending machine.
(r) "Sale" or "sold" means a sale as defined in Section 30006 of
the Revenue and Taxation Code.
(s) "Tobacco products" means tobacco products as defined in
subdivision (b) of Section 30121 and subdivision (b) of Section
30131.1 of the Revenue and Taxation Code.
(t) "Unstamped package of cigarettes" means a package of
cigarettes that does not bear a tax stamp as required under Part 13
(commencing with Section 30001) of Division 2 of the Revenue and
Taxation Code, including a package of cigarettes that bears a tax
stamp of another state or taxing jurisdiction, a package of
cigarettes that bears a counterfeit tax stamp, or a stamped or
unstamped package of cigarettes that is marked "Not for sale in the
United States."
(u) "Wholesaler" means a wholesaler as defined in Section 30016 of
the Revenue and Taxation Code.
SEC. 13. Section 22972 of the Business and Professions Code is
amended to read:
22972. (a) A retailer shall have in place and maintain a license
to engage in the sale of cigarettes, electronic cigarettes, or
tobacco products. A retailer that owns or controls more than one
retail location shall obtain a separate license for each retail
location, but may submit a single application for those licenses.
(b) The retailer shall conspicuously display the license at each
retail location in a manner visible to the public.
(c) A license is not assignable or transferable. A person who
obtains a license as a retailer who ceases to do business as
specified in the license, or who never commenced business, or whose
license is suspended or revoked, shall immediately surrender the
license to the board.
(d) A license shall be valid for a 12-month period, and shall be
renewed annually.
(e) The amendments made to this section by the act adding this
subdivision that require the licensure of a retail seller of
electronic cigarettes shall become operative on September 30, 2016.
SEC. 14. Section 22973 of the Business and Professions Code is
amended to read:
22973. (a) An application for a license shall be filed on a form
prescribed by the board and shall include the following:
(1) The name, address, and telephone number of the applicant.
(2) The business name, address, and telephone number of each
retail location. For applicants who control more than one retail
location, an address for receipt of correspondence or notices from
the board, such as a headquarters or corporate office of the
retailer, shall also be included on the application and listed on the
license. Citations issued to licensees shall be forwarded to all
addressees on the license.
(3) A statement by the applicant affirming that the applicant has
not been convicted of a felony and has not violated and will not
violate or cause or permit to be violated any of the provisions of
this division or any rule of the board applicable to the applicant or
pertaining to the manufacture, sale, or distribution of cigarettes
or tobacco products, or manufacture or sale of electronic cigarettes.
If the applicant is unable to affirm this statement, the application
shall contain a statement by the applicant of the nature of any
violation or the reasons that will prevent the applicant from
complying with the requirements with respect to the statement.
(4) If any other licenses or permits have been issued by the board
or the Department of Alcoholic Beverage Control to the applicant,
the license or permit number of those licenses or permits then in
effect.
(5) A statement by the applicant that the contents of the
application are complete, true, and correct. Any person who signs a
statement pursuant to this subdivision that asserts the truth of any
material matter that he or she knows to be false is guilty of a
misdemeanor punishable by imprisonment of up to one year in the
county jail, or a fine of not more than one thousand dollars
($1,000), or both the imprisonment and the fine.
(6) The signature of the applicant.
(7) Any other information the board may require.
(b) The board may investigate to determine the truthfulness and
completeness of the information provided in the application. The
board may issue a license without further investigation to an
applicant for a retail location if the applicant holds a valid
license from the Department of Alcoholic Beverage Control for that
same location.
(c) The board shall provide electronic means for applicants to
download and submit applications.
(d) (1) A one-time license fee of one hundred dollars ($100) shall
be submitted with each application. An applicant that owns or
controls more than one retail location shall obtain a separate
license for each retail location, but may submit a single application
for those licenses with a one-time license fee of one hundred
dollars ($100) per location.
(2) The one-time fee required by this subdivision does not apply
to an application for renewal of a license for a retail location for
which the one-time license fee has already been paid. If a license is
reinstated after its expiration, the retailer, as a condition
precedent to its reinstatement, shall pay a reinstatement fee of one
hundred dollars ($100).
(e) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2016.
SEC. 15. Section 22974 of the Business and Professions Code is
amended to read:
22974. A retailer shall retain purchase invoices that meet the
requirements set forth in Section 22978.4 for all cigarettes or
tobacco products the retailer purchased for a period of four years.
The records shall be kept at the retail location for at least one
year after the purchase. Invoices shall be made available upon
request during normal business hours for review inspection and
copying by the board or by a law enforcement agency. Any retailer
found in violation of these requirements or any person who fails,
refuses, or neglects to retain or make available invoices for
inspection and copying in accordance with this section shall be
subject to penalties pursuant to Section 22981.
SEC. 16. Section 22974.7 of the Business and Professions Code is
amended to read:
22974.7. In addition to any other civil or criminal penalty
provided by law, upon a finding that a retailer has violated any
provision of this division, the board may take the following actions:
(a) In the case of the first offense, the board may revoke or
suspend the license or licenses of the retailer pursuant to the
procedures applicable to the revocation of a license set forth in
Section 30148 of the Revenue and Taxation Code.
(b) In the case of a second or any subsequent offense, in addition
to the action authorized under subdivision (a), the board may impose
a civil penalty in an amount not to exceed the greater of either of
the following:
(1) Five times the retail value of the seized cigarettes,
electronic cigarettes, or tobacco products.
(2) Five thousand dollars ($5,000).
SEC. 17. Section 22980 of the Business and Professions Code is
amended to read:
22980. (a) (1) Any peace officer, or board employee granted
limited peace officer status pursuant to paragraph (6) of subdivision
(a) of Section 830.11 of the Penal Code, upon presenting appropriate
credentials, is authorized to enter any place as described in
paragraph (3) and to conduct inspections in accordance with the
following paragraphs, inclusive.
(2) Inspections shall be performed in a reasonable manner and at
times that are reasonable under the circumstances, taking into
consideration the normal business hours of the place to be entered.
(3) Inspections may be at any place at which cigarettes,
electronic cigarettes, or tobacco products are sold, produced, or
stored or at any site where evidence of activities involving evasion
of cigarette or tobacco products tax and violations of Section
30165.1 of the Revenue and Taxation Code may be discovered.
(4) Inspections shall be requested or conducted no more than once
in a 24-hour period.
(b) Any person that refuses to allow an inspection shall be
subject to the penalties imposed pursuant to Section 22981.
SEC. 18. Section 22980.1 of the Business and Professions Code is
amended to read:
22980.1. (a) A manufacturer or importer shall not sell cigarettes
or tobacco products to a distributor, wholesaler, retailer, or any
other person who is not licensed pursuant to this division or whose
license has been suspended or revoked.
(b) (1) Except as provided in paragraph (2), no distributor or
wholesaler shall sell cigarettes or tobacco products to a retailer,
wholesaler, distributor, or any other person who is not licensed
pursuant to this division or whose license has been suspended or
revoked.
(2) This subdivision does not apply to any sale of cigarettes or
tobacco products by a distributor, wholesaler, or any other person to
a retailer, wholesaler, distributor, or any other person that the
state, pursuant to the United States Constitution, the laws of the
United States, or the California Constitution, is prohibited from
regulating.
(c) No retailer, distributor, or wholesaler shall purchase
packages of cigarettes or tobacco products from a manufacturer or
importer who is not licensed pursuant to this division or whose
license has been suspended or revoked.
(d) (1) No retailer, A retailer or
wholesaler shall not purchase cigarettes,
cigarettes or tobacco products from any person
who is not licensed pursuant to this division or whose license has
been suspended or revoked.
(2) Notwithstanding subdivision (c), no a
distributor shall not purchase cigarettes or tobacco
products from any person who is required to be licensed pursuant to
this division but who is not licensed or whose license has been
suspended or revoked.
(e) Each separate sale to, or by, a retailer, wholesaler,
distributor, importer, manufacturer, or any other person who is not
licensed pursuant to this division shall constitute a separate
violation.
(f) A manufacturer, distributor, wholesaler, or importer shall not
sell cigarettes or tobacco products to any retailer or wholesaler
whose license has been suspended or revoked unless all outstanding
debts of that retailer or wholesaler that are owed to a wholesaler or
distributor for cigarettes or tobacco products are paid and the
license of that retailer or wholesaler has been reinstated by the
board. Any payment received from a retailer or wholesaler shall be
credited first to the outstanding debt for cigarettes or tobacco
products and must be immediately reported to the board. The board
shall determine the debt status of a suspended retailer or wholesaler
licensee 25 days prior to the reinstatement of the license.
(g) No An importer,
distributor, or wholesaler, or distributor functioning as a
wholesaler, or retailer, shall not purchase, obtain, or
otherwise acquire any package of cigarettes to which a stamp or meter
impression may not be affixed in accordance with subdivision (b) of
Section 30163 or subdivision (e) of Section 30165.1 of the Revenue
and Taxation Code, or any cigarettes obtained from a manufacturer or
importer that cannot demonstrate full compliance with all
requirements of the federal Cigarette Labeling and Advertising Act
(15 U.S.C. Sec. 13335a et seq.) for the reporting of ingredients
added to cigarettes.
(h) (1) Failure to comply with the provisions of this section
shall be a misdemeanor subject to penalties pursuant to Section
22981.
(2) Notwithstanding paragraph (1), a manufacturer or importer who
uses the most up-to-date licensing information provided by the board
on the board's Internet Web site to determine a person's licensing
status is presumed to be in compliance with this section.
SEC. 19. Section 22980.2 of the Business and Professions Code is
amended to read:
22980.2. (a) A person or entity that engages in the business of
selling cigarettes or tobacco products in this state, or a retailer
that engages in the business of selling cigarettes, electronic
cigarettes, or tobacco products in this state, either without a valid
license or after a license has been suspended or revoked, and each
officer of any corporation that so engages in this business, is
guilty of a misdemeanor punishable as provided in Section 22981.
(b) (1) Each day after notification by the board or by a law
enforcement agency that a manufacturer, wholesaler, distributor,
importer, retailer, or any other person required to be licensed under
this division offers cigarettes and tobacco products for sale or
exchange without a valid license for the location from which they are
offered for sale shall constitute a separate violation.
(2) Each day after notification by the board or by a law
enforcement agency that a retailer offers electronic cigarettes for
sale or exchange without a valid license for the location from which
they are offered for sale shall constitute a separate violation.
(c) (1) Continued sales or gifting of cigarettes and tobacco
products either without a valid license or after a notification of
suspension or revocation shall constitute a violation punishable as
provided in Section 22981, and shall result in the seizure of all
cigarettes and tobacco products in the possession of the person by
the board or a law enforcement agency. Any cigarettes and tobacco
products seized by the board or by a law enforcement agency shall be
deemed forfeited.
(2) Continued sale or gifting of electronic cigarettes by a
retailer either without a valid license or after a notification of
suspension or revocation shall constitute a violation punishable as
provided in Section 22981, and shall result in the seizure of all
electronic cigarettes in the possession of the person by the board or
a law enforcement agency. Any electronic cigarettes seized by the
board or by a law enforcement agency shall be forfeited.
SEC. 20. Section 22980.3 of the Business and Professions Code is
amended to read:
22980.3. (a) Licenses issued pursuant to this division shall be
subject to suspension or revocation for violations of this division
or the Revenue and Taxation Code as provided in this section.
(1) In addition to any applicable fines or penalties for a
violation, upon first conviction of a violation, a licensee shall
receive a written notice from the board detailing the suspension and
revocation provisions of this division. At its discretion, the board
may also suspend a license for up to 30 days.
(2) In addition to any applicable fines or penalties for a
violation, upon a second conviction of a violation within four years
of a previous violation, the license shall be revoked.
(b) The date of the occurrence of a violation shall be used to
calculate the duration between subsequent violations. A violation
shall be noted in the license record at the board only after judicial
conviction or final adjudication of a violation.
(c) Upon updating a record for a violation triggering a
suspension, the board shall serve the licensee with a notice of
suspension and shall order the licensee to cease the sale, gifting,
or displaying for sale of cigarettes or tobacco products for the
period of the suspension, and in the case of a licensee that is a
retailer, shall also order the retailer to cease the sale, gifting,
or displaying for sale of electronic cigarettes, for the period of
the suspension. The notice of suspension shall inform the licensee of
the effective dates of the suspension.
(d) Continued sales or gifting of cigarettes or tobacco products,
or electronic cigarettes in the case of a retailer, after the
effective date of the suspension shall constitute a violation of this
division and result in the revocation of a license.
(e) Upon completion of a suspension period, a license shall be
reinstated by the board upon certification that all outstanding debts
of that retailer or wholesaler that are owed to a wholesaler or
distributor for the purchase of cigarettes and tobacco products are
paid.
(f) Upon updating a record for a violation triggering a
revocation, the board shall serve the licensee with a notice of
revocation and shall order the licensee to cease the sale, gifting,
or displaying for sale of cigarettes or tobacco products, and in the
case of a licensee that is a retailer, shall also order the retailer
to cease the sale, gifting, or displaying for sale of electronic
cigarettes, on and after the effective date of the revocation. The
notice of revocation shall inform the licensee of the effective date
of the revocation.
(g) After a revocation, a previously licensed applicant may apply
for a new license after six months. The board may, at its discretion,
issue a new license.
(h) Upon updating a license record for a violation, suspension, or
revocation to a license of a person or entity that owns or controls
more than one location, the board shall send notice in writing of the
violations, suspensions, or revocations within 15 days of the board'
s action to the address included in the application and listed on the
license for receipt of correspondence or notices from the board.
(i) Upon suspension or revocation of a license pursuant to this
section, the board shall notify all licensed distributors and
wholesalers by electronic mail within 48 hours of the suspension or
revocation of that license. All licensed distributors and wholesalers
shall provide the board and shall update, as necessary, an
electronic mail address that the board can use for purposes of making
the notifications required by this subdivision.
(j) Violations by a licensee at one location may not be
accumulated against other locations of that same licensee. Violations
accumulated against a prior owner at a licensed location may not be
accumulated against a new owner at the same licensed location.
(k) For purposes of this section, a violation includes violations
of the Revenue and Taxation Code relating to cigarettes and tobacco
products, and violations of this division. Only one violation per
discrete action shall be counted toward a suspension or revocation of
a license.
SEC. 21. Section 22980.4 of the Business and Professions Code is
amended to read:
22980.4. A person who, after receiving a notice of suspension or
revocation, continues to display for sale cigarettes or tobacco
products, or in the case of a retailer also continues to display for
sale electronic cigarettes, shall be subject to a civil penalty of
one thousand dollars ($1,000) for each offense, and shall not be
subject to Section 22981.
SEC. 22. Section 1947.5 of the Civil Code is amended to read:
1947.5. (a) A landlord of a residential dwelling unit, as defined
in Section 1940, or his or her agent, may prohibit the smoking of a
cigarette, as defined in Section 104556 of the Health and Safety
Code, or other tobacco product, or the using of
an electronic cigarette, as defined in subdivision (c) of Section
22950.5 of the Business and Professions Code, on the property or in
any building or portion of the building, including any dwelling unit,
other interior or exterior area, or the premises on which it is
located, in accordance with this article.
(b) (1) Every lease or rental agreement entered into on or after
January 1, 2012, for a residential dwelling unit on property on any
portion of which the landlord has prohibited the smoking of
cigarettes or other tobacco products, or using an electronic
cigarette, pursuant to this article shall include a provision that
specifies the areas on the property where smoking is prohibited, or
using an electronic cigarette is prohibited, if the lessee has not
previously occupied the dwelling unit.
(2) For a lease or rental agreement entered into before January 1,
2012, a prohibition against the smoking of cigarettes or other
tobacco products, or the using of an electronic
cigarette, in any portion of the property in which smoking or using
an electronic cigarette was previously permitted shall constitute a
change of the terms of tenancy, requiring adequate notice in writing,
to be provided in the manner prescribed in Section 827.
(c) A landlord who exercises the authority provided in subdivision
(a) to prohibit smoking or using an electronic cigarette shall be
subject to federal, state, and local requirements governing changes
to the terms of a lease or rental agreement for tenants with leases
or rental agreements that are in existence at the time that the
policy limiting or prohibiting smoking or using an electronic
cigarette is adopted.
(d) This section shall not be construed to preempt any local
ordinance in effect on or before January 1, 2012, or any provision of
a local ordinance in effect on or after January 1, 2012, that
restricts the smoking of cigarettes or other tobacco products, or
using an electronic cigarette.
(e) A limitation or prohibition of the use of any tobacco product
or the use of an electronic cigarette shall not affect any other term
or condition of the tenancy, nor shall this section be construed to
require statutory authority to establish or enforce any other lawful
term or condition of the tenancy.
SEC. 23. Section 48901 of the Education Code is amended to read:
48901. (a) A school shall not permit the smoking or use of
tobacco, or any product containing tobacco or nicotine products, or
using an electronic cigarette as defined in subdivision (c) of
Section 22950.5 of the Business and Professions Code, by pupils of
the school while the pupils are on campus, or while attending
school-sponsored activities or while under the supervision and
control of school district employees.
(b) The governing board of any school district maintaining a high
school shall take all steps it deems practical to discourage high
school students from smoking or from using an electronic cigarette.
SEC. 24. Section 7597 of the Government Code is amended to read:
7597. (a) A public employee or member of the public shall not
smoke any tobacco product, or use an electronic cigarette as defined
in subdivision (c) of Section 22950.5 of the Business and Professions
Code, inside a public building, or in an outdoor area within 20 feet
of a main exit, entrance, or operable window of a public building,
or in a passenger vehicle, as defined by Section 465 of the Vehicle
Code, owned by the state.
(b) This section does not preempt the authority of any county,
city, city and county, California Community College campus, campus of
the California State University, or campus of the University of
California to adopt and enforce additional smoking and tobacco
control, and electronic cigarette, ordinances, regulations, or
policies that are more restrictive than the applicable standards
required by this chapter.
SEC. 25. Section 1234 of the Health and Safety Code is amended to
read:
1234. (a) Smoking, or using an electronic cigarette as defined
in subdivision (c) of Section 22950.5 of the Business and Professions
Code, is prohibited in patient areas of a clinic except those rooms
designated for occupancy exclusively by smokers.
(b) Clearly legible signs shall either:
(1) State that smoking, or using an electronic cigarette, is
unlawful and be conspicuously posted by, or on behalf of, the owner
or manager of such clinic, in all areas of a clinic where smoking, or
using an electronic cigarette, is unlawful.
(2) Identify "smoking permitted" areas, and be posted by, or on
behalf of, the owner or manager of such clinic, only in areas of a
clinic where smoking, or using an electronic cigarette, is lawfully
permitted.
If "smoking permitted" signs are posted, there shall also be
conspicuously posted, near all major entrances, clearly legible signs
stating that smoking, or using an electronic cigarette, is unlawful
except in areas designated "smoking permitted."
(c) This section shall not apply to skilled nursing facilities,
intermediate care facilities, and intermediate care facilities for
the developmentally disabled.
SEC. 26. Section 1286 of the Health and Safety Code is amended to
read:
1286. (a) Smoking, or using an electronic cigarette as defined
in subdivision (c) of Section 22950.5 of the Business and Professions
Code, is prohibited in patient care areas, waiting rooms, and
visiting rooms of a health facility, except those areas specifically
designated as smoking areas, and in patient rooms as specified in
subdivision (b).
(b) Smoking, or using an electronic cigarette, shall not be
permitted in a patient room unless all persons assigned to such room
have requested a room where smoking, or using an electronic
cigarette, is permitted. In the event that the health facility
occupancy has reached capacity, the health facility shall have
reasonable time to reassign patients to appropriate rooms.
(c) Clearly legible signs shall either:
(1) State that smoking, or using an electronic cigarette, is
unlawful and be conspicuously posted by, or on behalf of, the owner
or manager of such health facility, in all areas of a health facility
where smoking, or using an electronic cigarette, is
unlawful, or unlawful.
(2) Identify "smoking permitted" areas, and be posted by, or on
behalf of, the owner or manager of such health facility, only in
areas of the health facility where smoking, or using an electronic
cigarette, is lawfully permitted.
If "smoking permitted" signs are posted, there shall also be
conspicuously posted, near all major entrances, clearly legible signs
stating that smoking, or using an electronic cigarette, is unlawful
except in areas designated "smoking permitted."
(d) No signs pertaining to smoking, or using an electronic
cigarette, are required to be posted in patient rooms.
(e) This section shall not apply to skilled nursing facilities,
intermediate care facilities, and intermediate care facilities for
the developmentally disabled.
SEC. 27. Section 1530.7 of the Health and Safety Code is amended
to read:
1530.7. (a) Group homes, foster family agencies, small family
homes, transitional housing placement providers, and crisis nurseries
licensed pursuant to this chapter shall maintain a smoke-free
environment, and an environment free of electronic cigarettes as
defined in subdivision (c) of Section 22950.5 of the Business and
Professions Code, in the facility.
(b) A person who is licensed or certified pursuant to this chapter
to provide residential care in a foster family home or certified
family home shall not smoke, or use an electronic cigarette, or
permit any other person to smoke, or use an electronic cigarette,
inside the facility, and, when the child is present, on the outdoor
grounds of the facility.
(c) A person who is licensed or certified pursuant to this chapter
to provide residential foster care shall not smoke, or use an
electronic cigarette, in any motor vehicle that is regularly used to
transport the child.
SEC. 28. Section 1596.795 of the Health and Safety Code is amended
to read:
1596.795. (a) The smoking of tobacco, or use of an electronic
cigarette as defined in subdivision (c) of Section 22950.5 of the
Business and Professions Code, in a private residence that is
licensed as a family day care home is prohibited in the home and in
those areas of the family day care home where children are present.
Nothing in this section shall prohibit a city or county from enacting
or enforcing an ordinance relating to smoking, or using an
electronic cigarette, in a family day care home if the ordinance is
more stringent than this section.
(b) The smoking of tobacco, or using an electronic cigarette, on
the premises of a licensed day care center is prohibited.
SEC. 29. Section 104495 of the Health and Safety Code is amended
to read:
104495. (a) For the purposes of this section, the following
definitions shall govern:
(1) "Playground" means any park or recreational area specifically
designed to be used by children that has play equipment installed,
or any similar facility located on public or private school grounds,
or on city, county, or state park grounds.
(2) "Tot lot sandbox area" means a designated play area within a
public park for the use by children under five years of age. Where
the area is not contained by a fence, the boundary of a tot lot
sandbox area shall be defined by the edge of the resilient surface of
safety material, such as concrete or wood, or any other material
surrounding the tot lot sandbox area.
(3) "Public park" includes a park operated by a public agency.
(4) "Smoke or smoking" means the carrying of a lighted pipe,
lighted cigar, or lighted cigarette of any kind, or the lighting of a
pipe, cigar, or cigarette of any kind, including, but not limited
to, tobacco, or any other weed or plant.
(5) "Cigarette" means the same as defined in Section 104556.
(6) "Cigar" means the same as defined in Section 104550.
(b) No person shall smoke a cigarette, cigar, or other
tobacco-related product, or use an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, within 25 feet of any playground or tot lot sandbox area.
(c) No person shall dispose of cigarette butts, cigar butts, or
any other tobacco-related waste, or an electronic cigarette or
related waste, within 25 feet of a playground or a tot lot sandbox
area.
(d) No person shall intimidate, threaten any reprisal, or effect
any reprisal, for the purpose of retaliating against another person
who seeks to attain compliance with this section.
(e) Any person who violates this section is guilty of an
infraction and shall be punished by a fine of two hundred fifty
dollars ($250) for each violation of this section. Punishment under
this section shall not preclude punishment pursuant to Section 13002,
Section 374.4 of the Penal Code, or any other provision of law
proscribing the act of littering.
(f) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to private property.
(g) The prohibitions contained in subdivisions (b) and (c) shall
not apply to a public sidewalk located within 25 feet of a playground
or a tot lot sandbox area.
(h) This section does not preempt the authority of any county,
city, or city and county to regulate smoking, or the use of an
electronic cigarette, around playgrounds or tot lot sandbox areas.
Any county, city, or city and county may enforce any ordinance
adopted prior to January 1, 2002, or may adopt and enforce new
regulations that are more restrictive than this section, on and after
January 1, 2002.
SEC. 30. Section 113953.3 of the Health and Safety Code is amended
to read:
113953.3. (a) Except as specified in subdivision (b), all
employees shall thoroughly wash their hands and that portion, if any,
of their arms exposed to direct food contact with cleanser and warm
water by vigorously rubbing together the surfaces of their lathered
hands and arms for at least 10 to 15 seconds and thoroughly rinsing
with clean running water followed by drying of cleaned hands and that
portion, if any, of their arms exposed. Employees shall pay
particular attention to the areas underneath the fingernails and
between the fingers. Employees shall wash their hands in all of the
following instances:
(1) Immediately before engaging in food preparation, including
working with nonprepackaged food, clean equipment and utensils, and
unwrapped single-use food containers and utensils.
(2) After touching bare human body parts other than clean hands
and clean, exposed portions of arms.
(3) After using the toilet room.
(4) After caring for or handling any animal allowed in a food
facility pursuant to this part.
(5) After coughing, sneezing, using a handkerchief or disposable
tissue, using tobacco, using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, eating, or drinking.
(6) After handling soiled equipment or utensils.
(7) During food preparation, as often as necessary to remove soil
and contamination and to prevent cross-contamination when changing
tasks.
(8) When switching between working with raw food and working with
ready-to-eat food.
(9) Before initially donning gloves for working with food.
(10) Before dispensing or serving food or handling clean tableware
and serving utensils in the food service area.
(11) After engaging in other activities that contaminate the
hands.
(b) If approved and capable of removing the types of soils
encountered in the food operations involved, an automatic handwashing
facility may be used by food employees to clean their hands.
SEC. 31. Section 113977 of the Health and Safety Code is amended
to read:
113977. (a) Except as specified in subdivision (b), an employee
shall eat, drink, use any form of tobacco, or use an electronic
cigarette as defined in subdivision (c) of Section 22950.5 of the
Business and Professions Code, only in designated areas where
contamination of nonprepackaged food; clean equipment, utensils, and
linens; unwrapped single-use articles; or other items needing
protection cannot result.
(b) A food employee may drink from a closed beverage container if
the container is handled to prevent contamination of the employee's
hands, the container, nonprepackaged food, and food-contact surfaces.
SEC. 32. Section 113978 of the Health and Safety Code is amended
to read:
113978. Food facilities shall have a sign that states both "no
smoking" and "no using electronic cigarettes" posted in the food
preparation, food storage, and warewashing areas.
SEC. 33. Section 114332.3 of the Health and Safety Code is amended
to read:
114332.3. (a) A potentially hazardous food or beverage stored or
prepared in a private home shall not be offered for sale, sold, or
given away from a nonprofit charitable temporary food facility.
Potentially hazardous food shall be prepared in a food establishment
or on the premises of a nonprofit charitable temporary food facility.
(b) All food and beverage shall be protected at all times from
unnecessary handling and shall be stored, displayed, and served so as
to be protected from contamination.
(c) Potentially hazardous food and beverage shall be maintained at
or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above
57.2 degrees Celsius (135 degrees Fahrenheit) at all times.
(d) Ice used in beverages shall be protected from contamination
and shall be maintained separate from ice used for refrigeration
purposes.
(e) All food and food containers shall be stored off the floor on
shelving or pallets located within the facility.
(f) Smoking, or using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, is prohibited in nonprofit charitable temporary food
facilities.
(g) (1) Except as provided in paragraph (2), live animals, birds,
or fowl shall not be kept or allowed in nonprofit charitable
temporary food facilities.
(2) Paragraph (1) does not prohibit the presence, in any room
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
(3) Paragraph (1) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while these
employees are acting within the course and scope of their employment
as private patrol persons.
(4) The persons and operators described in paragraphs (2) and (3)
are liable for any damage done to the premises or facilities by the
dog.
(5) The dogs described in paragraphs (2) and (3) shall be excluded
from food preparation and utensil wash areas. Aquariums and aviaries
shall be allowed if enclosed so as not to create a public health
problem.
(h) All garbage shall be disposed of in a sanitary manner.
(i) Employees preparing or handling food shall wear clean clothing
and shall keep their hands clean at all times.
SEC. 34. Section 114371 of the Health and Safety Code is amended
to read:
114371. Certified farmers' markets shall meet all of the
following requirements:
(a) All food shall be stored at least six inches off the floor or
ground or under any other conditions that are approved. Tents,
canopies, or other overhead coverings are not required for fresh
whole produce sales displays or storage, except when specifically
required pursuant to this chapter. Flavored nuts and dried fruits
that are being sold on a bulk or nonprepackaged basis shall be
displayed and dispensed by the producer from covered containers. All
processed food products being sold shall be in compliance with
Section 113735 and the applicable provisions of Section 110460,
114365, or 114365.2.
(b) Food preparation is prohibited at certified farmers' markets
with the exception of food samples. Trimming whole produce for sale
shall not be considered food preparation. Distribution of food
samples may occur provided that the following sanitary conditions
exist:
(1) Samples shall be kept in clean, nonabsorbent, and covered
containers intended by the manufacturer for use with foods. Any
cutting or distribution of samples shall only occur under a tent,
canopy, or other overhead covering.
(2) All food samples shall be distributed by the producer in a
manner that is sanitary and in which each sample is distributed
without the possibility of a consumer touching the remaining samples.
(3) Clean, disposable plastic gloves shall be used when cutting
food samples.
(4) Fresh, whole produce intended for sampling shall be washed or
cleaned in another manner of any soil or other material by potable
water in order that it is wholesome and safe for consumption.
(5) Notwithstanding Section 114205, available potable water may be
required for handwashing and sanitizing; the need determined and
manner approved by the enforcement agency.
(6) Potentially hazardous food samples shall be maintained at or
below 45 F 45 degrees Fahrenheit and
shall be disposed of within two hours after cutting. A certified
farmers' market or an enforcement officer may cause immediate removal
and disposal, or confiscate and destroy, any potentially hazardous
food samples found not in compliance with this paragraph.
(7) Wastewater shall be disposed of in a facility connected to the
public sewer system or in a manner approved by the enforcement
agency.
(8) Utensils and cutting surfaces shall be smooth, nonabsorbent,
and easily cleanable, or single-use articles shall be utilized. If
the producer uses only single-use articles or maintains an adequate
supply of clean replacement articles readily available at the site at
the time of use, warewashing facilities shall not be required.
(c) Approved toilet and handwashing facilities shall be available
within 200 feet travel distance of the premises of the certified
farmers' market or as approved by the enforcement officer.
(d) No live animals, birds, or fowl shall be kept or allowed, and
no individual shall bring a live animal, bird, or fowl, within 20
feet of any area where food is stored or held for sale within a
certified farmers' market. This subdivision does not apply to guide
dogs, signal dogs, or service dogs when used in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.), and as provided in Section 36.104 of Title 28 of the Code
of Federal Regulations. All guide dogs, signal dogs, and service dogs
shall be used and properly identified in accordance with Section
54.1 and subdivision (b) of Section 54.2 of the Civil Code, and
Sections 30850, 30851, and 30852 of the Food and Agricultural Code.
(e) All garbage and refuse shall be stored and disposed of in a
manner approved by the enforcement officer.
(f) Smoking of cigarettes, cigars, pipe tobacco, and other
nicotine products, or using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, shall not be permitted within 25 feet of the common commerce
area comprised of sales personnel and shopping customers of the
certified farmers' market.
(g) Notwithstanding Chapter 10 (commencing with Section 114294)
vendors selling food adjacent to, and under the jurisdiction and
management of, a certified farmers' market may store, display, and
sell from a table or display fixture apart from the mobile facility
in a manner approved by the enforcement agency.
(h) Temporary food facilities may be operated at a separate
community event adjacent to, and in conjunction with, certified
farmers' markets. The organization in control of the community event
at which these temporary food facilities operate shall comply with
Section 114381.1.
(i) All harvested, cut, wrapped, or otherwise processed meat,
poultry, and fish products shall be from approved sources as set
forth in Section 113735, and shall be properly labeled or have
documentation present at the point of sale that demonstrates
compliance with this requirement. All harvested, cut, wrapped, or
otherwise processed meat, poultry, and fish products offered for sale
shall be transported, stored, displayed, and maintained at a
temperature of 41 F 41
degrees Fahrenheit or colder. The temperature holding
capabilities of the storage containers used shall be sufficient to
maintain safe product temperatures. Storage containers for meat,
poultry, and fish products shall be insulated and have interior
surfaces that are smooth, nonabsorbent, and easily cleanable. All
meat, poultry, and fish products shall be stored in a manner that
reduces the risk of cross-contamination.
SEC. 35. Section 118910 of the Health and Safety Code is amended
to read:
118910. The Legislature declares its intent not to preempt the
field of regulation of the smoking of tobacco, or the use of an
electronic cigarette as defined in subdivision (c) of Section 22950.5
of the Business and Professions Code. A local governing body may ban
completely the smoking of tobacco or using an electronic cigarette,
or may regulate smoking or the using of an electronic
cigarette, in any manner not inconsistent with this article and
Article 3 (commencing with Section 118920) or any other provision of
state law.
SEC. 36. Section 118925 of the Health and Safety Code is amended
to read:
118925. It is unlawful for any person to smoke tobacco or any
other plant product, or use an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, in any vehicle of a passenger stage corporation, the National
Railroad Passenger Corporation (Amtrak) except to the extent
permitted by federal law, in any aircraft except to the extent
permitted by federal law, on a public transportation system, as
defined by Section 99211 of the Public Utilities Code, or in any
vehicle of an entity receiving any transit assistance from the state.
SEC. 37. Section 118930 of the Health and Safety Code is amended
to read:
118930. A notice prohibiting both smoking and using an electronic
cigarette as defined in subdivision (c) of Section 22950.5 of the
Business and Professions Code, displayed as a symbol and in English,
shall be posted in each vehicle or aircraft subject to this article.
SEC. 38. Section 118935 of the Health and Safety Code is amended
to read:
118935. (a) Every person and public agency providing
transportation services for compensation, including, but not limited
to, the National Railroad Passenger Corporation (Amtrak) to the
extent permitted by federal law, passenger stage corporations, and
local agencies that own or operate airports, shall designate and
post, by signs of sufficient number and posted in locations that may
be readily seen by persons within the area, a contiguous area of not
less than 75 percent of any area made available by the person or
public agency as a waiting room for these passengers where the
smoking of tobacco, or using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, is prohibited. Not more than 25 percent of any given area may
be set aside for smokers or users of electronic cigarettes.
(b) Every person or public agency subject to subdivision (a)
shall also post, by sign of sufficient number and posted in locations
as to be readily seen by persons within the area of any building
where tickets, tokens, or other evidences that a fare has been paid
for transportation services that are provided by the person or public
agency, a notice that the smoking of tobacco, or use of an
electronic cigarette, by persons waiting in line to purchase the
tickets, tokens, or other evidences that a fare has been paid is
prohibited.
(c) It is unlawful for any person to smoke, or use an electronic
cigarette, in an area posted pursuant to this section.
SEC. 39. Section 118948 of the Health and Safety Code is amended
to read:
118948. (a) It is unlawful for a person to smoke a pipe, cigar,
or cigarette in a motor vehicle, or use an electronic cigarette as
defined in subdivision (c) of Section 22950.5 of the Business and
Professions Code, whether in motion or at rest, in which there is a
minor.
(b) For the purposes of this section, "to smoke" means to have in
one's immediate possession a lighted pipe, cigar, or cigarette
containing tobacco or any other plant.
(c) A violation of this section is an infraction punishable by a
fine not exceeding one hundred dollars ($100) for each violation.
SEC. 40. Section 119405 of the Health
and Safety Code is amended to read:
119405. (a) To the extent not preempted by federal law,
including, but not limited to, the regulation of electronic
cigarettes by the United States Food and Drug Administration, it
shall be unlawful for a person to sell or otherwise furnish an
electronic cigarette, as defined in subdivision (b), to a person
under 18 21 years of age.
(b)
"Electronic cigarette" means a device that can provide an inhalable
dose of nicotine by delivering a vaporized solution.
(c) A violation of this section shall be an infraction punishable
by a fine not exceeding two hundred dollars ($200) for the first
violation, by a fine not exceeding five hundred dollars ($500) for
the second violation, or by a fine not exceeding one thousand dollars
($1,000) for a third or subsequent violation.
(d) Nothing in this section nor any other law shall be construed
to invalidate an existing ordinance of, or prohibit the adoption of
an ordinance by, a city or county that regulates the distribution of
electronic cigarettes in a manner that is more restrictive than this
section, to the extent that the ordinance is not otherwise prohibited
by federal law.
SEC. 40. SEC. 41. Section 119406 is
added to the Health and Safety Code, to read:
119406. (a) All cartridges for electronic cigarettes and
solutions for filling or refilling an electronic cigarette shall be
in childproof packaging.
(b) "Childproof packaging" means packaging that contains elements,
including, but not limited to, safety caps or blister packs,
designed to protect children from being able to open and ingest the
contents.
SEC. 41. SEC. 42. Section 6404.5 of
the Labor Code is amended to read:
6404.5. (a) The Legislature finds and declares that regulation of
smoking in the workplace is a matter of statewide interest and
concern. It is the intent of the Legislature in enacting this section
to prohibit the smoking of tobacco products, and the use of
electronic cigarettes as defined in subdivision (c) of Section
22950.5 of the Business and Professions Code, in all (100 percent of)
enclosed places of employment in this state, as covered by this
section, thereby eliminating the need of local governments to enact
workplace smoking restrictions or electronic cigarette restrictions
within their respective jurisdictions. It is further the intent of
the Legislature to create a uniform statewide standard to restrict
and prohibit the smoking of tobacco products, and the use of
electronic cigarettes, in enclosed places of employment, as specified
in this section, in order to reduce employee exposure to
environmental tobacco smoke to a level that will prevent anything
other than insignificantly harmful effects to exposed employees, and
also to eliminate the confusion and hardship that can result from
enactment or enforcement of disparate local workplace smoking
restrictions. Notwithstanding any other provision of this section, it
is the intent of the Legislature that any area not defined as a
"place of employment" pursuant to subdivision (d) or in which the
smoking of tobacco products or use of electronic cigarettes is not
regulated pursuant to subdivision (e) shall be subject to local
regulation of smoking of tobacco products or use of electronic
cigarettes.
(b) No employer shall knowingly or intentionally permit, and no
person shall engage in, the smoking of tobacco products or using an
electronic cigarette in an enclosed space at a place of employment.
"Enclosed space" includes lobbies, lounges, waiting areas, elevators,
stairwells, and restrooms that are a structural part of the building
and not specifically defined in subdivision (d).
(c) For purposes of this section, an employer who permits any
nonemployee access to his or her place of employment on a regular
basis has not acted knowingly or intentionally in violation of this
section if he or she has taken the following reasonable steps to
prevent smoking by a nonemployee:
(1) Posted clear and prominent signs, as follows:
(A) Where smoking or using an electronic cigarette is prohibited
throughout the building or structure, a sign that states both "no
smoking" and "no using electronic cigarettes" shall be posted at each
entrance to the building or structure.
(B) Where smoking or using an electronic cigarette is permitted in
designated areas of the building or structure, a sign stating
"Smoking or using an electronic cigarette, is prohibited except in
designated areas" shall be posted at each entrance to the building or
structure.
(2) Has requested, when appropriate, that a nonemployee who is
smoking or using an electronic cigarette refrain from smoking or
using an electronic cigarette in the enclosed workplace.
For purposes of this subdivision, "reasonable steps" does not
include (A) the physical ejection of a nonemployee from the place of
employment or (B) any requirement for making a request to a
nonemployee to refrain from smoking or using an electronic cigarette,
under circumstances involving a risk of physical harm to the
employer or any employee.
(d) For purposes of this section, "place of employment" does not
include any of the following:
(1) Sixty-five percent of the guestroom accommodations in a hotel,
motel, or similar transient lodging establishment.
(2) Areas of the lobby in a hotel, motel, or other similar
transient lodging establishment designated for smoking or using an
electronic cigarette by the establishment. An establishment may
permit smoking or using an electronic cigarette in a designated lobby
area that does not exceed 25 percent of the total floor area of the
lobby or, if the total area of the lobby is 2,000 square feet or
less, that does not exceed 50 percent of the total floor area of the
lobby. For purposes of this paragraph, "lobby" means the common
public area of an establishment in which registration and other
similar or related transactions, or both, are conducted and in which
the establishment's guests and members of the public typically
congregate.
(3) Meeting and banquet rooms in a hotel, motel, other transient
lodging establishment similar to a hotel or motel, restaurant, or
public convention center, except while food or beverage functions are
taking place, including setup, service, and cleanup activities, or
when the room is being used for exhibit purposes. At times when
smoking or using an electronic cigarette is not permitted in a
meeting or banquet room pursuant to this paragraph, the establishment
may permit smoking or using an electronic cigarette in corridors and
prefunction areas adjacent to and serving the meeting or banquet
room if no employee is stationed in that corridor or area on other
than a passing basis.
(4) Retail or wholesale tobacco shops, retail or wholesale
electronic cigarette shops, and private smokers' lounges. For
purposes of this paragraph:
(A) "Private smokers' lounge" means any enclosed area in or
attached to a retail or wholesale tobacco shop that is dedicated to
the use of tobacco products, including, but not limited to, cigars
and pipes.
(B) "Retail or wholesale tobacco shop" means any business
establishment the main purpose of which is the sale of tobacco
products, including, but not limited to, cigars, pipe tobacco, and
smoking accessories.
(C) "Retail or wholesale electronic cigarette shop" means any
business establishment the main purpose of which is the sale of
electronic cigarettes.
(5) Cabs of motortrucks, as defined in Section 410 of the Vehicle
Code, or truck tractors, as defined in Section 655 of the Vehicle
Code, if no nonsmoking employees, or employees who do not use
electronic cigarettes, are present.
(6) Warehouse facilities. For purposes of this paragraph,
"warehouse facility" means a warehouse facility with more than
100,000 square feet of total floorspace, and 20 or fewer full-time
employees working at the facility, but does not include any area
within a facility that is utilized as office space.
(7) Gaming clubs, in which smoking or using an electronic
cigarette is permitted by subdivision (f). For purposes of this
paragraph, "gaming club" means any gaming club, as defined in Section
19802 of the Business and Professions Code, or bingo facility, as
defined in Section 326.5 of the Penal Code, that restricts access to
minors under 18 years of age.
(8) Bars and taverns, in which smoking or using an electronic
cigarette is permitted by subdivision (f). For purposes of this
paragraph, "bar" or "tavern" means a facility primarily devoted to
the serving of alcoholic beverages for consumption by guests on the
premises, in which the serving of food is incidental. "Bar or tavern"
includes those facilities located within a hotel, motel, or other
similar transient occupancy establishment. However, when located
within a building in conjunction with another use, including a
restaurant, "bar" or "tavern" includes only those areas used
primarily for the sale and service of alcoholic beverages. "Bar" or
"tavern" does not include the dining areas of a restaurant,
regardless of whether alcoholic beverages are served therein.
(9) Theatrical production sites, if smoking or using an electronic
cigarette is an integral part of the story in the theatrical
production.
(10) Medical research or treatment sites, if smoking or using an
electronic cigarette is integral to the research and treatment being
conducted.
(11) Private residences, except for private residences licensed as
family day care homes, where smoking or using an electronic
cigarette is prohibited pursuant to Section 1596.795 of the Health
and Safety Code.
(12) Patient smoking areas in long-term health care facilities, as
defined in Section 1418 of the Health and Safety Code.
(13) Breakrooms designated by employers for smoking or using an
electronic cigarette, provided that all of the following conditions
are met:
(A) Air from the room shall be exhausted directly to the outside
by an exhaust fan. Air from the room shall not be recirculated to
other parts of the building.
(B) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
(C) The room shall be located in a nonwork area where no one, as
part of his or her work responsibilities, is required to enter. For
purposes of this subparagraph, "work responsibilities" does not
include any custodial or maintenance work carried out in the
breakroom when it is unoccupied.
(D) There are sufficient nonsmoking breakrooms to accommodate
nonsmokers and individuals who do not use electronic cigarettes.
(14) Employers with a total of five or fewer employees, either
full time or part time, may permit smoking or using an electronic
cigarette where all of the following conditions are met:
(A) The area is not accessible to minors.
(B) All employees who enter the area consent to permit smoking or
using an electronic cigarette. No one, as part of his or her work
responsibilities, shall be required to work in an area where smoking
or using an electronic cigarette is permitted. An employer who is
determined by the division to have used coercion to obtain consent or
who has required an employee to work in the area shall be subject to
the penalty provisions of Section 6427.
(C) Air from the area shall be exhausted directly to the outside
by an exhaust fan. Air from the area shall not be recirculated to
other parts of the building.
(D) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
This paragraph shall not be construed to (i) supersede or render
inapplicable any condition or limitation on areas made applicable to
specific types of business establishments by any other paragraph of
this subdivision or (ii) apply in lieu of any otherwise applicable
paragraph of this subdivision that has become inoperative.
(e) Paragraphs (13) and (14) of subdivision (d) shall not be
construed to require employers to provide reasonable accommodation to
smokers or individuals who use electronic cigarettes, or to provide
breakrooms for smokers or nonsmokers.
(f) (1) Except as otherwise provided in this subdivision, smoking
or using an electronic cigarette may be permitted in gaming clubs, as
defined in paragraph (7) of subdivision (d), and in bars and
taverns, as defined in paragraph (8) of subdivision (d), until the
earlier of the following:
(A) January 1, 1998.
(B) The date of adoption of a regulation (i) by the Occupational
Safety and Health Standards Board reducing the permissible employee
exposure level to environmental tobacco smoke or electronic cigarette
vapor to a level that will prevent anything other than
insignificantly harmful effects to exposed employees or (ii) by the
federal Environmental Protection Agency establishing a standard for
reduction of permissible exposure to environmental tobacco smoke or
electronic cigarette vapor to an exposure level that will prevent
anything other than insignificantly harmful effects to exposed
persons.
(2) If a regulation specified in subparagraph (B) of paragraph (1)
is adopted on or before January 1, 1998, smoking or using an
electronic cigarette may thereafter be permitted in gaming clubs and
in bars and taverns, subject to full compliance with, or conformity
to, the standard in the regulation within two years following the
date of adoption of the regulation. An employer failing to achieve
compliance with, or conformity to, the regulation within this
two-year period shall prohibit smoking or using an electronic
cigarette in the gaming club, bar, or tavern until compliance or
conformity is achieved. If the Occupational Safety and Health
Standards Board and the federal Environmental Protection Agency both
adopt regulations specified in subparagraph (B) of paragraph (1) that
are inconsistent, the regulations of the Occupational Safety and
Health Standards Board shall be no less stringent than the
regulations of the federal Environmental Protection Agency.
(3) If a regulation specified in subparagraph (B) of paragraph (1)
is not adopted on or before January 1, 1998, the exemptions
specified in paragraphs (7) and (8) of subdivision (d) shall become
inoperative on and after January 1, 1998, until a regulation is
adopted. Upon adoption of such a regulation on or after January 1,
1998, smoking or using an electronic cigarette may thereafter be
permitted in gaming clubs and in bars and taverns, subject to full
compliance with, or conformity to, the standard in the regulation
within two years following the date of adoption of the regulation. An
employer failing to achieve compliance with, or conformity to, the
regulation within this two-year period shall prohibit smoking or
using an electronic cigarette in the gaming club, bar, or tavern
until compliance or conformity is achieved. If the Occupational
Safety and Health Standards Board and the federal Environmental
Protection Agency both adopt regulations specified in subparagraph
(B) of paragraph (1) that are inconsistent, the regulations of the
Occupational Safety and Health Standards Board shall be no less
stringent than the regulations of the federal Environmental
Protection Agency.
(4) From January 1, 1997, to December 31, 1997, inclusive, smoking
may be permitted in gaming clubs, as defined in paragraph (7) of
subdivision (d), and in bars and taverns, as defined in paragraph (8)
of subdivision (d), subject to both of the following conditions:
(A) If practicable, the gaming club or bar or tavern shall
establish a designated nonsmoking area.
(B) If feasible, no employee shall be required, in the performance
of ordinary work responsibilities, to enter any area in which
smoking is permitted.
(g) The smoking and electronic cigarette prohibition set forth in
this section shall constitute a uniform statewide standard for
regulating the smoking of tobacco products, or using an electronic
cigarette, in enclosed places of employment and shall supersede and
render unnecessary the local enactment or enforcement of local
ordinances regulating the smoking of tobacco products, or using an
electronic cigarette, in enclosed places of employment. Insofar as
the smoking and electronic cigarette prohibition set forth in this
section is applicable to all (100-percent)
(100 percent) places of employment within this state and,
therefore, provides the maximum degree of coverage, the practical
effect of this section is to eliminate the need of local governments
to enact enclosed workplace smoking restrictions or electronic
cigarette restrictions within their respective jurisdictions.
(h) Nothing in this section shall prohibit an employer from
prohibiting smoking or using an electronic cigarette in an enclosed
place of employment for any reason.
(i) The enactment of local regulation of smoking of tobacco
products, or using an electronic cigarette, in enclosed places of
employment by local governments shall be suspended only for as long
as, and to the extent that, the (100-percent)
(100 percent) smoking and electronic cigarette prohibition
provided for in this section remains in effect. In the event this
section is repealed or modified by subsequent legislative or judicial
action so that the (100-percent) (100
percent) smoking and electronic cigarette prohibition is no
longer applicable to all enclosed places of employment in California,
local governments shall have the full right and authority to enforce
previously enacted, and to enact and enforce new, restrictions on
the smoking of tobacco products, or using an electronic cigarette, in
enclosed places of employment within their jurisdictions, including
a complete prohibition of smoking or using an electronic cigarette.
Notwithstanding any other provision of this section, any area not
defined as a "place of employment" or in which smoking or using an
electronic cigarette is not regulated pursuant to subdivision (d) or
(e), shall be subject to local regulation of smoking of tobacco
products or using an electronic cigarette.
(j) Any violation of the prohibition set forth in subdivision (b)
is an infraction, punishable by a fine not to exceed one hundred
dollars ($100) for a first violation, two hundred dollars ($200) for
a second violation within one year, and five hundred dollars ($500)
for a third and for each subsequent violation within one year. This
subdivision shall be enforced by local law enforcement agencies,
including, but not limited to, local health departments, as
determined by the local governing body.
(k) Notwithstanding Section 6309, the division shall not be
required to respond to any complaint regarding the smoking of tobacco
products, or using an electronic cigarette, in an enclosed space at
a place of employment, unless the employer has been found guilty
pursuant to subdivision (j) of a third violation of subdivision (b)
within the previous year.
( l ) If any provision of this act or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of the
act that can be given effect without the invalid provision or
application, and to this end the provisions of this act are
severable.
SEC. 42. SEC. 43. Section 308 of the
Penal Code is amended to read:
308. (a) (1) Every person, firm, or corporation that knowingly or
under circumstances in which it has knowledge, or should otherwise
have grounds for knowledge, sells, gives, or in any way furnishes to
another person who is under the age of 18 years
21 years of age any tobacco, cigarette, electronic
cigarette, or cigarette papers, or blunts wraps, or any other
preparation of tobacco, or any other instrument or paraphernalia that
is designed for the smoking or ingestion of tobacco, products
prepared from tobacco, or any controlled substance, is subject to
either a criminal action for a misdemeanor or to a civil action
brought by a city attorney, a county counsel, or a district attorney,
punishable by a fine of two hundred dollars ($200) for the first
offense, five hundred dollars ($500) for the second offense, and one
thousand dollars ($1,000) for the third offense.
Notwithstanding Section 1464 or any other law, 25 percent of each
civil and criminal penalty collected pursuant to this subdivision
shall be paid to the office of the city attorney, county counsel, or
district attorney, whoever is responsible for bringing the successful
action, and 25 percent of each civil and criminal penalty collected
pursuant to this subdivision shall be paid to the city or county for
the administration and cost of the community service work component
provided in subdivision (b).
Proof that a defendant, or his or her employee or agent, demanded,
was shown, and reasonably relied upon evidence of majority shall be
defense to any action brought pursuant to this subdivision. Evidence
of majority of a person is a facsimile of or a reasonable likeness of
a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, a registration
certificate issued under the federal Selective Service Act, or an
identification card issued to a member of the Armed Forces.
For purposes of this section, the person liable for selling or
furnishing tobacco products to minors persons
under 21 years of age by a tobacco vending machine shall be
the person authorizing the installation or placement of the tobacco
vending machine upon premises he or she manages or otherwise controls
and under circumstances in which he or she has knowledge, or should
otherwise have grounds for knowledge, that the tobacco vending
machine will be utilized by minors persons
under 21 years of age .
(2) For purposes of this section, "blunt wraps" means cigar papers
or cigar wrappers of all types that are designed for smoking or
ingestion of tobacco products and contain less than 50 percent
tobacco.
(b) Every person under the age of 18 21
years of age who purchases, receives, or possesses
any tobacco, cigarette, electronic 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
conviction, be punished by a fine of seventy-five dollars ($75) or 30
hours of community service work.
(c) Every person, firm, or corporation that sells, or deals in
tobacco or any preparation thereof, and, on and after July 1, 2016,
every person, firm, or corporation that sells or deals in electronic
cigarettes, shall post conspicuously and keep so posted in his, her,
or their place of business at each point of purchase the notice
required pursuant to subdivision (b) of Section 22952 of the Business
and Professions Code, and any person failing to do so shall, upon
conviction, be punished by a fine of fifty dollars ($50) for the
first offense, one hundred dollars ($100) for the second offense, two
hundred fifty dollars ($250) for the third offense, and five hundred
dollars ($500) for the fourth offense and each subsequent violation
of this provision, or by imprisonment in a county jail not exceeding
30 days.
(d) For purposes of determining the liability of persons, firms,
or corporations controlling franchises or business operations in
multiple locations for the second and subsequent violations of this
section, each individual franchise or business location shall be
deemed a separate entity.
(e) Notwithstanding subdivision (b), any person under 18
21 years of age who purchases, receives, or
possesses any tobacco, cigarette, electronic cigarette, or cigarette
papers, or any other preparation of tobacco, any other instrument or
paraphernalia that is designed for the smoking of tobacco, or
products prepared from tobacco is immune from prosecution for that
purchase, receipt, or possession while participating in either of the
following:
(1) An enforcement activity that complies with the guidelines
adopted pursuant to subdivisions (c) and (d) of Section 22952 of the
Business and Professions Code.
(2) An activity conducted by the State Department of Public
Health, a local health department, or a law enforcement agency for
the purpose of determining or evaluating youth tobacco purchase
rates.
(f) It is the Legislature's intent to regulate the subject matter
of this section. As a result, a city, county, or city and county
shall not adopt any ordinance or regulation inconsistent with this
section.
SEC. 43. SEC. 44. Section 640 of the
Penal Code is amended to read:
640. (a) (1) Any of the acts described in paragraphs (1) to (6),
inclusive, of subdivision (b) is an infraction punishable by a fine
not to exceed two hundred fifty dollars ($250) and by community
service for a total time not to exceed 48 hours over a period not to
exceed 30 days, during a time other than during the violator's hours
of school attendance or employment. Any of the acts described in
paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or
second violation, is an infraction punishable by a fine not to
exceed two hundred fifty dollars ($250) and by community service for
a total time not to exceed 48 hours over a period not to exceed 30
days, during a time other than during the violator's hours of school
attendance or employment. A third or subsequent violation of any of
the acts described in paragraphs (1) to (3), inclusive, of
subdivision (c) is a misdemeanor punishable by a fine of not more
than four hundred dollars ($400) or by imprisonment in a county jail
for a period of not more than 90 days, or by both that fine and
imprisonment. Any of the acts described in subdivision (d) shall be
punishable by a fine of not more than four hundred dollars ($400), by
imprisonment in a county jail for a period of not more than 90 days,
or by both that fine and imprisonment.
(2) This section shall apply only to acts committed on or in a
facility or vehicle of a public transportation system.
(b) (1) Eating or drinking in or on a system facility or vehicle
in areas where those activities are prohibited by that system.
(2) Disturbing another person by loud or unreasonable noise.
(3) Smoking, or using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, in or on a system facility or vehicle in areas where those
activities are prohibited by that system.
(4) Expectorating upon a system facility or vehicle.
(5) Skateboarding, roller skating, bicycle riding, roller blading,
or operating a motorized scooter or similar device, as defined in
Section 407.5 of the Vehicle Code in a system facility, vehicle, or
parking structure. This paragraph does not apply to an activity that
is necessary for utilization of the transit facility by a bicyclist,
including, but not limited to, an activity that is necessary for
parking a bicycle or transporting a bicycle aboard a transit vehicle,
if that activity is conducted with the permission of the transit
agency in a manner that does not interfere with the safety of the
bicyclist or other patrons of the transit facility.
(6) Sale or peddling of any goods, merchandise, property, or
services of any kind whatsoever on the facilities, vehicles, or
property of the public transportation system, if the public
transportation system has prohibited those acts and neither the
public transportation system nor its duly authorized representatives
have granted written consent to engage in those acts.
(c) (1) Evasion of the payment of a fare of the system. For
purposes of this section, fare evasion includes entering an enclosed
area of a public transit facility beyond posted signs prohibiting
entrance without obtaining valid fare, in addition to entering a
transit vehicle without valid fare.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) (A) Unauthorized use of a discount ticket or failure to
present, upon request from a transit system representative,
acceptable proof of eligibility to use a discount ticket, in
accordance with Section 99155 of the Public Utilities Code and posted
system identification policies when entering or exiting a transit
station or vehicle. Acceptable proof of eligibility must be clearly
defined in the posting.
(B) In the event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, any citation
issued shall be held for a period of 72 hours to allow the user to
produce acceptable proof. If the proof is provided, the citation
shall be voided. If the proof is not produced within that time
period, the citation shall be processed.
(d) (1) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(2) Carrying an explosive, acid, or flammable liquid in a public
transit facility or vehicle.
(3) Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not apply to a
person who cannot comply with this paragraph as a result of a
disability, age, or a medical condition.
(4) Willfully blocking the free movement of another person in a
system facility or vehicle. This paragraph shall not be interpreted
to affect any lawful activities permitted or First Amendment rights
protected under the laws of this state or applicable federal law,
including, but not limited to, laws related to collective bargaining,
labor relations, or labor disputes.
(5) Willfully tampering with, removing, displacing, injuring, or
destroying any part of any facility or vehicle of a public
transportation system.
(e) Notwithstanding subdivision (a), a public transportation
agency, as defined in paragraph (4) of subdivision (c) of Section
99580 of the Public Utilities Code, may enact and enforce an
ordinance providing that a person who is the subject of a citation
for any of the acts described in subdivision (b) of Section 99580 of
the Public Utilities Code on or in a facility or vehicle described in
subdivision (a) for which the public transportation agency has
jurisdiction shall, under the circumstances set forth by the
ordinance, be afforded an opportunity to complete an administrative
process that imposes only an administrative penalty enforced in a
civil proceeding. The ordinance for imposing and enforcing the
administrative penalty shall be governed by Chapter 8 (commencing
with Section 99580) of Part 11 of Division 10 of the Public Utilities
Code and shall not apply to minors.
(f) For purposes of this section, a "facility or vehicle of a
public transportation system" means any of the following:
(1) A facility or vehicle of a public transportation system as
defined by Section 99211 of the Public Utilities Code.
(2) A facility of, or vehicle operated by any entity subsidized
by, the Department of Transportation.
(3) A facility or vehicle of the Southern California Regional Rail
Authority, whether owned or leased.
(4) A leased or rented facility or vehicle for which any of the
entities described in paragraph (1), (2), or (3) incurs costs of
cleanup, repair, or replacement as a result of any of those acts.
SEC. 44. SEC. 45. Section 561 of the
Public Utilities Code is amended to read:
561. (a) Every railroad corporation, passenger stage corporation,
passenger air carrier, and street railroad corporation providing
departures originating in this state shall prohibit the smoking of
any tobacco product, and using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, in the passenger seating area of every passenger car, passenger
stage, aircraft, or other vehicle.
(b) Every such corporation and carrier shall display in the
passenger seating area of every passenger car, passenger stage,
aircraft, or other vehicle, notices sufficient in number, posted in
such locations as to be readily seen by boarding passengers, advising
passengers of the no smoking requirements and no using electronic
cigarette requirements pursuant to subdivision (a). Words on such
notices which state both "no smoking" and "no using electronic
cigarettes" or an equivalent phrase shall be at least three-quarters
of one inch high, and any other explanatory words on the notices
shall be at least one-quarter of an inch high.
(c) No person shall smoke any tobacco product, or use an
electronic cigarette, in a space known by him or her to be designated
for nonsmoking passengers. A violation of this subdivision is not a
crime.
(d) As used in this section, "passenger air carrier" shall have
the same meaning as provided in Sections 2741 and 2743.
SEC. 45. SEC. 46. Section 99580 of
the Public Utilities Code is amended to read:
99580. (a) Pursuant to subdivision (e) of Section 640 of the
Penal Code, a public transportation agency may enact and enforce an
ordinance to impose and enforce an administrative penalty for any of
the acts described in subdivision (b). The ordinance shall include
the provisions of this chapter and shall not apply to minors.
(b) (1) Evasion of the payment of a fare of the system.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) Playing sound equipment on or in a system facility or vehicle.
(4) Smoking, using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, eating, or drinking in or on a system facility or vehicle in
those areas where those activities are prohibited by that system.
(5) Expectorating upon a system facility or vehicle.
(6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a system facility or vehicle.
(8) Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not apply to a
person who cannot comply with this paragraph as a result of a
disability, age, or a medical condition.
(9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
(B) This paragraph shall not be interpreted to affect any lawful
activities permitted or first amendment First
Amendment rights protected under the laws of this state or
applicable federal law, including, but not limited to, laws related
to collective bargaining, labor relations, or labor disputes.
(10) Skateboarding, roller skating, bicycle riding, or roller
blading in a system facility, including a parking structure, or in a
system vehicle. This paragraph does not apply to an activity that is
necessary for utilization of a system facility by a bicyclist,
including, but not limited to, an activity that is necessary for
parking a bicycle or transporting a bicycle aboard a system vehicle,
if that activity is conducted with the permission of the agency of
the system in a manner that does not interfere with the safety of the
bicyclist or other patrons of the system facility.
(11) (A) Unauthorized use of a discount ticket or failure to
present, upon request from a system representative, acceptable proof
of eligibility to use a discount ticket, in accordance with Section
99155, and posted system identification policies when entering or
exiting a system station or vehicle. Acceptable proof of eligibility
must be clearly defined in the posting.
(B) In the event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, an issued
notice of fare evasion or passenger conduct violation shall be held
for a period of 72 hours to allow the user to produce acceptable
proof. If the proof is provided, that notice shall be voided. If the
proof is not produced within that time period, that notice shall be
processed.
(12) Sale or peddling of any goods, merchandise, property, or
services of any kind whatsoever on the facilities, vehicles, or
property of the public transportation system without the express
written consent of the public transportation system or its duly
authorized representatives.
(c) (1) The public transportation agency may contract with a
private vendor or governmental agency for the processing of notices
of fare evasion or passenger conduct violation, and notices of
delinquent fare evasion or passenger conduct violation pursuant to
Section 99581.
(2) For the purpose of this chapter, "processing agency" means
either of the following:
(A) The agency issuing the notice of fare evasion or passenger
conduct violation and the notice of delinquent fare evasion or
passenger conduct violation.
(B) The party responsible for processing the notice of fare
evasion or passenger conduct violation and the notice of delinquent
violation, if a contract is entered into pursuant to paragraph (1).
(3) For the purpose of this chapter, "fare evasion or passenger
conduct violation penalty" includes, but is not limited to, a late
payment penalty, administrative fee, fine, assessment, and costs of
collection as provided for in the ordinance.
(4) For the purpose of this chapter, "public transportation agency"
shall mean a public agency that provides public transportation as
defined in paragraph (1) of subdivision (f) of Section 1 of Article
XIX A of the California Constitution.
(5) All fare evasion and passenger conduct violation penalties
collected pursuant to this chapter shall be deposited in the general
fund of the county in which the citation is administered.
(d) (1) If a fare evasion or passenger conduct violation is
observed by a person authorized to enforce the ordinance, a notice of
fare evasion or passenger conduct violation shall be issued. The
notice shall set forth the violation, including reference to the
ordinance setting forth the administrative penalty, the date of the
violation, the approximate time, and the location where the violation
occurred. The notice shall include a printed statement indicating
the date payment is required to be made, and the procedure for
contesting the notice. The notice shall be served by personal service
upon the violator. The notice, or copy of the notice, shall be
considered a record kept in the ordinary course of business of the
issuing agency and the processing agency, and shall be prima facie
evidence of the facts contained in the notice establishing a
rebuttable presumption affecting the burden of producing evidence.
(2) When a notice of fare evasion or passenger conduct violation
has been served, the person issuing the notice shall file the notice
with the processing agency.
(3) If, after a notice of fare evasion or passenger conduct
violation is issued pursuant to this section, the issuing officer
determines that there is incorrect data on the notice, including, but
not limited to, the date or time, the issuing officer may indicate
in writing on a form attached to the original notice the necessary
correction to allow for the timely entry of the corrected notice on
the processing agency's data system. A copy of the correction shall
be mailed to the address provided by the person cited at the time the
original notice of fare evasion or passenger conduct violation was
served.
(4) If a person contests a notice of fare evasion or passenger
conduct violation, the issuing agency shall proceed in accordance
with Section 99581.
(e) In setting the amounts of administrative penalties for the
violations listed in subdivision (b), the public transportation
agency shall not establish penalty amounts that exceed the maximum
fine amount set forth in Section 640 of the Penal Code.
(f) A person who receives a notice of fare evasion or passenger
conduct violation pursuant to this section shall not be subject to
citation for a violation of Section 640 of the Penal Code.
(g) If an entity enacts an ordinance pursuant to this section it
shall, both two years and five years after enactment of the
ordinance, report all of the following information to the Senate
Committee on Transportation and Housing and the Assembly Committee on
Transportation:
(1) A description of the ordinance, including the circumstances
under which an alleged violator is afforded the opportunity to
complete the administrative process.
(2) The amount of the administrative penalties.
(3) The number and types of citations administered pursuant to the
ordinance.
(4) To the extent available, a comparison of the number and types
of citations administered pursuant to the ordinance with the number
and types of citations issued for similar offenses and administered
through the courts both in the two years prior to the ordinance and,
if any, since enactment of the ordinance.
(5) A discussion of the effect of the ordinance on passenger
behavior.
(6) A discussion of the effect of the ordinance on revenues to the
entity described in subdivision (a) and, in consultation with the
superior courts, the cost savings to the county courts. The superior
courts are encouraged to collaborate on and provide data for this
report.
SEC. 46. SEC. 47. Section 12523 of
the Vehicle Code is amended to read:
12523. (a) A person shall not operate a youth bus without having
in possession a valid driver's license of the appropriate class,
endorsed for passenger transportation and a certificate issued by the
department to permit the operation of a youth bus.
(b) Applicants for a certificate to drive a youth bus shall
present evidence that they have successfully completed a driver
training course administered by or at the direction of their employer
consisting of a minimum of 10 hours of classroom instruction
covering applicable laws and regulations and defensive driving
practices and a minimum of 10 hours of behind-the-wheel training in a
vehicle to be used as a youth bus. Applicants seeking to renew a
certificate to drive a youth bus shall present evidence that they
have received two hours of refresher training during each 12 months
of driver certificate validity.
(c) The driver certificate shall be issued only to applicants
qualified by examinations prescribed by the Department of Motor
Vehicles and the Department of the California Highway Patrol, and
upon payment of a fee of twenty-five dollars ($25) for an original
certificate and twelve dollars ($12) for the renewal of that
certificate to the Department of the California Highway Patrol. The
examinations shall be conducted by the Department of the California
Highway Patrol. The Department of Motor Vehicles may deny, suspend,
or revoke a certificate valid for driving a youth bus for the causes
specified in this code or in regulations adopted pursuant to this
code.
(d) An operator of a youth bus shall, at all times when operating
a youth bus, do all of the following:
(1) Use seat belts.
(2) Refrain from smoking, or using an electronic cigarette as
defined in subdivision (c) of Section 22950.5 of the Business and
Professions Code.
(3) Report any accidents reportable under Section 16000 to the
Department of the California Highway Patrol.
(e) A person holding a valid certificate to permit the operation
of a youth bus, issued prior to January 1, 1991, shall not be
required to reapply for a certificate to satisfy any additional
requirements imposed by the act adding this subdivision until the
certificate he or she holds expires or is canceled or revoked.
SEC. 47. SEC. 48. Section 12523.5 of
the Vehicle Code is amended to read:
12523.5. (a) A person shall not operate a general public
paratransit vehicle unless he or she has in his or her possession a
valid driver's license of the appropriate class endorsed for
passenger transportation when operating a vehicle designed, used, or
maintained for carrying more than 10 persons including the driver and
either (1) a certificate issued by the department to permit the
operation of a general public paratransit vehicle, or (2) a
certificate issued by the department to drive a schoolbus or school
pupil activity bus pursuant to Section 12517.
(b) Applicants for a certificate to drive a general public
paratransit vehicle shall pay a fee to the Department of the
California Highway Patrol of twenty-five dollars ($25) for an
original certificate and twelve dollars ($12) for a renewal
certificate. Applicants for an original certificate shall present
evidence that they have successfully completed a driver training
course consisting of a minimum of 40 hours of instruction within the
previous two years. The instruction shall have covered applicable
laws and regulations and defensive driving practices, a minimum of 8
hours of certified defensive driving, and a minimum of 20 hours of
behind-the-wheel training in a vehicle to be used as a general public
paratransit vehicle. Applicants seeking to renew a certificate valid
for driving a general public paratransit vehicle shall present
evidence that they have received two hours of refresher training
during each 12 months of driver certificate validity.
(c) The driver certificate shall be issued only to applicants
qualified by examinations prescribed by the Department of Motor
Vehicles and the Department of the California Highway Patrol. The
examinations shall be conducted by the Department of the California
Highway Patrol. The Department of Motor Vehicles may deny, suspend,
or revoke a certificate valid for driving a general public
paratransit vehicle for the causes specified in this code or the
Education Code or in regulations adopted pursuant to this code or the
Education Code.
(d) An operator of a general public paratransit vehicle shall do
all of the following:
(1) Use seatbelts.
(2) Refrain from smoking, or using an electronic cigarette as
defined in subdivision (c) of Section 22950.5 of the Business and
Professions Code.
(3) Report any accident reportable under Section 16000 to the
Department of the California Highway Patrol.
(e) A person holding a valid certificate to permit the operation
of a general public paratransit vehicle, issued prior to January 1,
1991, shall not be required to reapply for a certificate to satisfy
any additional requirements imposed by the act adding this
subdivision until the certificate he or she holds expires or is
canceled or revoked.
SEC. 48. SEC. 49. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
