Senate Bill No. 648

Introduced by Senator Corbett

February 22, 2013

An act to amend Section 1947.5 of the Civil Code, to amend Section 48901 of the Education Code, to amend Sections 7596, 7597, and 19994.35 of the Government Code, to amend Sections 1234, 1286, 1596.795, 104495, 110995, 113978, and 114332.3 of, and to add Section 118882 to, the Health and Safety Code, to amend Section 6404.5 of the Labor Code, to amend Sections 561 and 99580 of the Public Utilities Code, and to amend Section 12523 of the Vehicle Code, relating to electronic cigarettes.

LEGISLATIVE COUNSEL’S DIGEST

SB 648, as introduced, Corbett. Electronic cigarettes: restriction of use and advertising.

Existing law defines an electronic cigarette as a device that can provide an inhalable dose of nicotine by delivering an inhalable solution. Existing law, to the extent not preempted by federal law, makes it unlawful for a person to sell or otherwise furnish an electronic cigarette to a person under 18 years of age.

Existing law restricts or prohibits the smoking of tobacco products in various places, including, but not limited to, residential dwelling units, school campuses, public buildings, as defined, places of employment, day care facilities, retail food facilities, and health facilities. Under existing law, violation of the prohibition against smoking in certain of these places, including, but not limited to, a day care facility, health facility, or clinic constitutes an infraction or a misdemeanor, as specified.

This bill would extend the above-referenced restrictions and prohibitions against the smoking of tobacco products to include electronic cigarettes. By including electronic cigarettes within the restricted and prohibited activity, this bill would change the definition of a crime with respect to certain facilities, thereby creating a state-mandated local program.

Existing law prohibits the advertising of tobacco products in any state-owned and state-occupied building, except as specified.

This bill would extend the above prohibition against advertising to electronic cigarettes, as defined.

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.  

It is the intent of the Legislature in enacting this
act to regulate the use of electronic cigarettes, as defined in
subdivision (b) of Section 110405 of the Health and Safety Code begin insert ,
to the same extent and end insert in the same manner as cigarettes and other
tobacco products, to the extent not preempted by federal law.

SEC. 2.  

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, begin insert an electronic cigarette, as defined in subdivision (b) of
Section 119405 of the Health and Safety Code, end insert or other tobacco
product 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 begin insert , electronic cigarettes, end insert or other tobacco products pursuant
to this article shall include a provision that specifies the areas on
the property where smoking 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 begin insert , electronic
cigarettes, end insert or other tobacco products in any portion of the property
in which smoking 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 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 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 begin insert , electronic cigarettes, end insert or other
tobacco products.

(e) A limitation or prohibition of the use of any tobacco product
begin insert or electronic cigarette end insert 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. 3.  

Section 48901 of the Education Code is amended to
read:

48901.  

(a)  No school shall permit the smoking or use of
tobacco, or any product containing tobacco or nicotine products,
begin insert including electronic cigarettes, end insert 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.

SEC. 4.  

Section 7596 of the Government Code is amended to
read:

7596.  

As used in this chapter, the following terms have the
following meanings:

(a) “Public building” means a building owned and occupied, or
leased and occupied, by the state, a county, a city, a city and
county, or a California community college district.

(1) “Inside a public building” includes all indoor areas of the
building, except for covered parking lots and residential space.
“Inside a public building” also includes any indoor space leased
to the state, county, or city, except for covered parking lots and
residential space.

(2) “Residential space” means a private living area, but it does
not include common areas such as lobbies, lounges, waiting areas,
elevators, stairwells, and restrooms that are a structural part of a
multicomplex building such as a dormitory.

(3) (A) “Covered parking lot” means an area designated for the
parking of vehicles that is enclosed or contains a roof or ceiling.
“Covered parking lot” does not include lobbies, lounges, waiting
areas, elevators, stairwells, and restrooms that are a structural part
of the parking lot or a building to which it is attached.

(B) The application of this subparagraph shall not supersede or
render inapplicable permitted smoking of tobacco products begin insert ,
including electronic cigarettes, end insert under this chapter within any other
part of a covered parking lot not specifically listed in subparagraph
(1).

(b) “State” or “state agency” means a state agency, as defined
pursuant to Section 11000, the Legislature, the Supreme Court and
the courts of appeal, and each campus of the California State
University and the University of California.

(c) “Public employee” means an employee of a state agency or
an employee of a county or city.

SEC. 5.  

Section 7597 of the Government Code is amended to
read:

7597.  

(a) No public employee or member of the public shall
smoke any tobacco product begin insert , including an electronic cigarette, end insert
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 shall 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 ordinances, regulations, or policies that are
more restrictive than the applicable standards required by this
chapter.

SEC. 6.  

Section 19994.35 of the Government Code is amended
to read:

19994.35.  

(a) No tobacco product advertising begin insert , which shall
include electronic cigarette advertising, end insert shall be allowed in any
state-owned and state-occupied building excepting advertising
contained in a program, leaflet, newspaper, magazine, or other
written material lawfully sold, brought, or distributed within a state
building.

(b) “Advertise,” for purposes of this section, means the display
of any poster, sign, or other written or visual material that is
intended to communicate commercial information or images to
the public.

(c) “Tobacco product,” for purposes of this section, means any
product containing tobacco, the prepared leaves of plants of the
nicotiana family, including, but not limited to, cigarettes, loose
tobacco, cigars, snuff, chewing tobacco, or any other preparation
of tobacco.

SEC. 7.  

Section 1234 of the Health and Safety Code is amended
to read:

1234.  

(a)  Smoking shall not be permitted 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 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 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 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 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.

begin insert

(d) This section applies to the use of electronic cigarettes, as
defined in subdivision (b) of Section 119405.

end insert

SEC. 8.  

Section 1286 of the Health and Safety Code is amended
to read:

1286.  

(a)  Smoking shall be 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 shall not be permitted in a patient room unless all
persons assigned to such room have requested a room where
smoking 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 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 is unlawful begin delete , or end delete begin insert . end insert

(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 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 is unlawful except in areas designated
“smoking permitted.”

(d)  No signs pertaining to smoking 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.

begin insert

(f) This section applies to the use of electronic cigarettes, as
defined in subdivision (b) of Section 119405.

end insert

SEC. 9.  

Section 1596.795 of the Health and Safety Code is
amended to read:

1596.795.  

(a) The smoking of tobacco begin insert , including electronic
cigarettes, as defined in subdivision (b) of Section 119405, end insert in a
private residence that is licensed as a family day care home shall
be prohibited during the hours of operation as a family day care
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 in a family day care home if the ordinance is more
stringent than this section.

(b)  The smoking of tobacco begin insert , including electronic cigarettes,
as defined in subdivision (b) of Section 119405, end insert on the premises
of a licensed day care center shall be prohibited.

SEC. 10.  

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, begin insert including an
electronic cigarette, as defined in subdivision (b) of Section
119405, end insert 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 begin insert ,
and also includes an electronic cigarette end insert .

(6) “Cigar” means the same as defined in Section 104550.

(b) No person shall smoke a cigarette, cigar, or other
tobacco-related product 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 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 shall not preempt the authority of any county,
city, or city and county to regulate smoking 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. 11.  

Section 110995 of the Health and Safety Code is
amended to read:

110995.  

Any person or entity who manufactures, transports,
stores, or sells ice shall comply with all of the following:

(a) A room in which ice is manufactured shall be used for no
other purpose than the manufacture of ice and the production of
refrigeration, and may contain refrigeration equipment and
machinery. This subdivision shall not apply to any food facility
as defined in Section 113785.

(b) Ice storage or processing areas shall be maintained in a clean
and sanitary condition and no noxious or offensive odors, smoking,
begin insert including electronic cigarettes, as defined in subdivision (b) of
Section 119405, end insert or other air pollution shall be permitted therein.

(c) Cover tops for tank cans shall have a smooth, painted, or
treated surface, and shall be cleaned daily. Water used for cleaning
shall not be permitted to drip into freezing cans. Only potable water
shall be used in sprays and in the thaw tanks for the removal of
ice from cans. Water coverage tanks shall be covered and provided
with filtered vents.

(d) Crushed, cubed, or shaved ice, intended for human
consumption, shall be stored in a manner that prevents its pollution
or contamination.

(e) Soil, waste, or drain pipes shall not be installed or maintained
above any ice platform, loading space, ice container, ice storage
room, dip tank or any place where leakage from the pipes may
drop into, or upon any ice or upon any area or equipment used in
the manufacture of ice, unless a safety device shall be installed
under the pipes drained to an open receptacle or drain so as to
prevent pollution of ice, water, or equipment used in the
manufacture of the ice.

(f) Block ice-loading platforms shall be washed with water as
often as necessary to keep them in a clean and sanitary condition,
but not less than once each day.

(g) Block ice pullers and block ice storage-room employees
shall wear rubber overshoes while on duty. The rubber overshoes
shall be removed when the employee leaves the storage or tank
room, except that if the rubber overshoes are not removed, they
shall be cleaned and disinfected before reentering the storage or
tank room. The use of street shoes without rubber overshoes in
these areas is prohibited.

(h) All frozen unpackaged ice blocks intended for sale for human
consumption or for the refrigeration of food products shall be
washed thoroughly with potable water. Ice manufactured for
industrial purposes need not be washed prior to shipping but shall
be handled and stored separately from ice intended for human
consumption.

(i) Ice shall be handled only with clean tongs, ice-carrying bags,
scoops, or other sanitary containers, and shall not be directly
handled with bare hands.

(j) Single service supplies shall be stored, dispensed, and
handled in a sanitary manner and shall be used only once.

(k) Persons not directly involved in the manufacture, processing,
packaging, or storing of ice, in the maintenance of facilities and
equipment used therefore, or in the management, supervision, or
inspection thereof, shall not be permitted in any area where ice is
manufactured, processed, packaged, or stored, unless personal
cleanliness and hygienic practices are taken to prevent
contamination of the product. These areas shall have signs posted
to this effect.

begin delete

( l)

end delete

begin insert (l) end insert  Bacteriological tests of the finished ice shall be conducted
not less than biannually, chemical and physical tests annually, and
radiological tests every four years, to insure that ice manufactured
for human consumption or for the refrigeration of food products
complies with the primary drinking water standards adopted by
the department pursuant to Section 116365.

(m) No ice produced out of state shall be sold or distributed
within this state unless it complies with this article.

SEC. 12.  

Section 113978 of the Health and Safety Code is
amended to read:

113978.  

Food facilities shall have a “no smoking” sign posted
in the food preparation, food storage, and warewashing areas. begin insert For
purposes of this section, “smoking” also includes use of electronic
cigarettes, as defined in subdivision (b) of Section 119405. end insert

SEC. 13.  

Section 114332.3 of the Health and Safety Code is
amended to read:

114332.3.  

(a) No potentially hazardous food or beverage stored
or prepared in a private home may 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 begin insert , including electronic cigarettes, as defined in
subdivision (b) of Section 119405, end insert 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. 14.  

Section 118882 is added to the Health and Safety
Code, to read:

118882.  

The Legislature finds and declares that the use of
electronic cigarettes, as defined in subdivision (b) of Section
119405, is a hazard to the health of the general public. Any
reference in this chapter to, or any prohibition of, the smoking of
tobacco shall also be construed to refer to the use of electronic
cigarettes.

SEC. 15.  

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 begin insert , including electronic
cigarettes, as defined in subdivision (b) of Section 119405 of the
Health and Safety Code, end insert in all begin delete (100 percent of) end delete enclosed places of
employment in this state, as covered by this section, thereby
eliminating the need of local governments to enact workplace
smoking 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 begin insert ,
including electronic cigarettes, end insert 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 begin insert ,
including electronic cigarettes, end insert is not regulated pursuant to
subdivision (e) shall be subject to local regulation of smoking of
tobacco products begin insert , including electronic cigarettes end insert .

(b) No employer shall knowingly or intentionally permit, and
no person shall engage in, the smoking of tobacco products 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). begin insert For purposes of this section,
“smoking,” or smoking of tobacco products includes use of
electronic cigarettes, as specified in subdivision (b) of Section
119405. end insert

(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 is prohibited throughout the building or
structure, a sign stating “No smoking” shall be posted at each
entrance to the building or structure.

(B) Where smoking is permitted in designated areas of the
building or structure, a sign stating “Smoking 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 refrain from smoking 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, 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 by the establishment.
An establishment may permit smoking 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 is not permitted in a meeting or banquet room
pursuant to this paragraph, the establishment may permit smoking
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 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, begin insert electronic
cigarettes, end insert cigars begin insert , end insert 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, begin insert electronic cigarettes, end insert cigars,
pipe tobacco, and smoking accessories.

(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 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 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 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 is an integral part of
the story in the theatrical production.

(10) Medical research or treatment sites, if smoking is integral
to the research and treatment being conducted.

(11) Private residences, except for private residences licensed
as family day care homes, during the hours of operation as family
day care homes and in those areas where children are present.

(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, provided
that all of the following conditions are met:

(A) Air from the smoking room shall be exhausted directly to
the outside by an exhaust fan. Air from the smoking 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 smoking 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.

(14) Employers with a total of five or fewer employees, either
full time or part time, may permit smoking where all of the
following conditions are met:

(A) The smoking area is not accessible to minors.

(B) All employees who enter the smoking area consent to permit
smoking. No one, as part of his or her work responsibilities, shall
be required to work in an area where smoking 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
smoking area shall be subject to the penalty provisions of Section
6427.

(C) Air from the smoking area shall be exhausted directly to
the outside by an exhaust fan. Air from the smoking 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 smoking 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 to provide breakrooms for smokers
or nonsmokers.

(f) (1) Except as otherwise provided in this subdivision,
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), 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 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 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 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 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 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 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 prohibition set forth in this section shall
constitute a uniform statewide standard for regulating the smoking
of tobacco products 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 in enclosed places of employment. Insofar as the smoking
prohibition set forth in this section is applicable to all begin delete (100-percent) end delete
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 within their respective jurisdictions.

(h) Nothing in this section shall prohibit an employer from
prohibiting smoking in an enclosed place of employment for any
reason.

(i) The enactment of local regulation of smoking of tobacco
products in enclosed places of employment by local governments
shall be suspended only for as long as, and to the extent that, the
begin delete (100-percent) end delete smoking 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)
smoking 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 in
enclosed places of employment within their jurisdictions, including
a complete prohibition of smoking. Notwithstanding any other
provision of this section, any area not defined as a “place of
employment” or in which smoking is not regulated pursuant to
subdivision (d) or (e), shall be subject to local regulation of
smoking of tobacco products.

(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 begin insert , end insert 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. 16.  

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 begin insert , including an electronic cigarette, end insert
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 pursuant to
subdivision (a). Words on such notices which state “No Smoking”
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 begin insert , including an
electronic cigarette, end insert 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. 17.  

Section 99580 of the Public Utilities Code, as
amended by Section 2.5 of Chapter 750 of the Statutes of 2012, 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, begin insert including electronic cigarettes, end insert 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 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. 18.  

Section 12523 of the Vehicle Code is amended to
read:

12523.  

(a) No person shall 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 begin insert , including electronic cigarettes end insert .

(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. 19.  

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.