BILL NUMBER: SB 882 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Corbett
JANUARY 14, 2010
An act to add Sections 16005 and 16106 to the Business and
Professions Code, and to add Section 118941 to the Health and
Safety Code, relating to tobacco, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 882, as amended, Corbett. Tobacco: electronic cigarettes.
Existing law makes it unlawful to smoke in private or public
transportation, as specified, and makes a violation of the law
punishable as an infraction. Existing law authorizes cities and
counties to issue business licenses, set licensing fees, and collect
licensing fees. Existing law requires cities and counties to revoke
the license of a business that engages in human cloning, as
specified.
This bill would make it unlawful for a person to sell or
otherwise furnish an electronic cigarette to a person under 18 years
of age and would make a violation punishable as an infraction. By
creating a new infraction, this bill would impose a state-mandated
local program. This bill would require cities and counties to
revoke the license of a business that, on 2 or more occasions,
provides or offers to provide electronic cigarettes to a person under
18 years of age. By adding to the duties of city and county
officials, this bill would impose a state-mandated local program.
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.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby finds and declares all of
the following:
(1) Electronic cigarettes are currently unregulated
not actively regulated by the United States Food
and Drug Administration (FDA) and are available for purchase in this
state.
(2) Initial FDA studies found that electronic cigarettes contain
known carcinogens and misrepresent nicotine content on their labels.
As a result, the FDA has warned the public about the potential health
risks of using electronic cigarettes.
(3) Electronic cigarettes offered for sale in this state are
produced overseas and not covered by
currently subject to state and federal quality control
protections.
(4) Since electronic cigarettes are not regulated at the federal,
state, or local level, they can be legally sold to minors.
(5) County tobacco control programs have reported the attempted
sale of electronic cigarettes to minors at shopping malls. Throughout
the state, retailers have established shopping mall kiosks near food
courts and stores frequented by adolescents. At these kiosks,
retailers target teens with pitches for electronic cigarettes with
flavored cartridges.
(6) A 2008 report prepared for the State Department of Public
Health found, with regard to the California Tobacco Control Program,
that law enforcement agencies continue to rank policies and
procedures, such as suspension or revocation of business licenses and
civil and criminal penalties for owners and clerks who sell tobacco
to minors, as effective strategies to reduce youth access to tobacco.
(b) The Legislature finds and declares that due to important
health, safety, and welfare concerns that affect the entire state,
regardless of location, regulating the sale to and
use by minors of electronic cigarettes is a statewide concern, and
not a municipal affair.
SEC. 2. Section 16005 is added to the Business and Professions
Code, to read:
16005. (a) Any A license issued to
a business pursuant to this chapter shall be revoked upon
notification by a law enforcement agency that a person who owns or is
employed by the business has, on two or more occasions, sold,
furnished, administered, distributed, given away, or offered to sell,
furnish, administer, distribute, or give away an electronic
cigarette, to a person under 18 years of age , as prohibited by
Section 118941 of the Health and Safety Code .
(b) As used is this section, "electronic cigarette" means any
device that can provide inhaled doses of nicotine by delivering a
vaporized solution.
(c) This section applies to general law and charter cities.
(b) This section does not preempt or otherwise prohibit a city
from adopting an ordinance that imposes a more restrictive regulation
on the sale of electronic cigarettes.
SEC. 3. Section 16106 is added to the Business and Professions
Code, to read:
16106. (a) Any A license issued to
a business pursuant to this chapter shall be revoked upon
notification by a law enforcement agency that a person who owns or is
employed by the business has, on two or more occasions, sold,
furnished, administered, distributed, given away, or offered to sell,
furnish, administer, distribute, or give away an electronic
cigarette, to a person under 18 years of age , as prohibited by
Section 118941 of the Health and Safety Code .
(b) As used is this section, "electronic cigarette" means any
device that can provide inhaled doses of nicotine by delivering a
vaporized solution.
(c) This section applies to general law and charter counties.
(b) This section does not preempt or otherwise prohibit a county
from adopting an ordinance that imposes a more restrictive regulation
on the sale of electronic cigarettes.
SEC. 4. Section 118941 is added to the
Health and Safety Code , to read:
118941. (a) It is unlawful for a person to sell or otherwise
furnish an electronic cigarette, as defined in subdivision (b), to a
person under 18 years of age.
(b) "Electronic cigarette" means a device that can provide an
inhalable dose of nicotine by delivering a vaporized solution.
SEC. 4. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 5. SEC. 6. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to protect the health of minors from a product with
contents that have not been comprehensively studied and are
unregulated on the market, it is necessary for this bill to go into
immediate effect.
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