Amended in Senate April 6, 2015

Senate Bill No. 24

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, begin insert 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 of, and end insert to add Section 119406 to begin insert , end insert the Health and Safety Code, begin delete and end delete begin insert to amend Section 6404.5 of the Labor Code, end insert to amend begin delete Section end delete begin insert Sections end insert 308 begin insert and 640 end insert of the Penal Code, begin insert to amend Sections 561 and 99580 of the Public Utility Code, and to amend Sections 12523 and 12523.5 of the Vehicle Code, end insert relating to electronic cigarettes.

LEGISLATIVE COUNSEL’S DIGEST

SB 24, as amended, Hill. begin delete STAKE Act: electronic cigarettes. end delete begin insert Electronic cigarettes: licensing and restrictions. end insert

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law, the Stop Tobacco Access to Kids Enforcement Act (STAKE Act), establishes various requirements for distributors and retailers relating to tobacco sales to minors. 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 is illegal. Existing law also permits enforcing agencies to assess various civil penalties for violations of the STAKE Act.

begin insert

This bill would extend the requirements of the STAKE Act to the sale of electronic cigarettes to minors. 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.

end insert begin insert

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 is illegal, a crime. By expanding the scope of existing crimes, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin delete

Existing

end delete

begin insert (2) end insert begin insert   end insert begin insert Existing end insert law prohibits a person from selling or otherwise furnishing an electronic cigarette to minors, and makes a violation punishable as an infraction.

begin insert

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.

end insert begin delete

Existing

end delete

begin insert (3) end insert begin insert   end insert begin insert Existing end insert 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.

begin insert

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.

end insert begin insert

(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.

end insert begin insert

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.

end insert begin delete

This bill would extend the STAKE Act to sales of electronic cigarettes to minors. 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.

end delete begin delete

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 goverments from adopting ordinances regulating the distribution or sale of cigarettes, electronic cigarettes, or tobacco products that are more restrictive than state law.

end delete begin delete

The bill would require that retailers apply for a license to sell electronic cigarettes commencing April 15, 2016, and to display the license at each retail location commencing June 30, 2016. The bill would require the State Board of Equalization to administer a statewide program to license retailers of electronic cigarettes.

end delete begin delete

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 is illegal, a crime. The bill would also make retailers of electronic cigarettes subject to various civil and criminal penalties if they fail to comply with licensing requirements. By expanding the scope of existing crimes, the bill would impose a state-mandated local program.

end delete begin delete

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.

end delete

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.

begin delete

(c) “Tobacco product” means a product containing tobacco leaf,
including, but not limited to, cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, bidis, or other preparation of
tobacco, or a tobacco substitute.

(d) “Electronic cigarette” means a device that can provide an
inhalable dose of nicotine by delivering a vaporized solution.

end delete begin insert

(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.

end insert

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
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 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 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.

(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 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 by telephone,
mail, or the Internet. Participation in these enforcement activities
by a person under 18 years of age does not constitute a violation
of subdivision (b) of Section 308 of the Penal Code for the person
under 18 years of age, and the person under 18 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 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 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 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 years of age.

(2) A photograph or video recording of the person under 18
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 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 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 years of age shall be under the
supervision of a regularly employed peace officer during the
inspection.

(6) All persons under 18 years of age used in this manner by an
enforcing agency shall display the appearance of a person under
18 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 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 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 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 years,
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.

begin insert

(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.

end insert begin delete

(3)

end delete

begin insert (4) end insert  “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 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 years 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 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 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 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
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 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 begin delete (d) end delete begin insert (c) end insert 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 begin delete ,
electronic cigarettes, end delete 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 begin insert that require the licensure of a retail seller of electronic
cigarettes end insert shall become operative on begin delete June 30, 2016. end delete begin insert September
30, 2016. end insert

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 begin delete ,
electronic cigarettes, end delete or tobacco products begin insert , or manufacture or sale
of electronic cigarettes end insert . 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).

begin delete

(3) The one-time fee required by this subdivision does not apply
to a retail location selling electronic cigarettes if the retail location
has already obtained a license to sell cigarettes or tobacco products.

end delete

(e) The amendments made to this section by the act adding this
subdivision shall become operative on begin delete April 15, 2016. end delete begin insert July 1, 2016. end insert

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 begin delete ,
electronic cigarettes, end delete 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)  begin delete No end delete begin insert A end insert manufacturer or importer shall begin insert not end insert sell
cigarettes begin delete , electronic cigarettes, end delete 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 begin delete , electronic cigarettes, end delete 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 begin delete ,
electronic cigarettes, end delete 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, or wholesaler shall purchase cigarettes begin delete ,
electronic cigarettes end delete , 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 distributor shall purchase
cigarettes begin delete , electronic cigarettes, end delete 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)  begin delete No end delete begin insert A end insert manufacturer, distributor, wholesaler, or importer begin delete may end delete
begin insert shall not end insert sell cigarettes begin delete , electronic cigarettes, end delete 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 begin delete , electronic
cigarettes, end delete 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 begin delete , electronic cigarettes, end delete 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 importer, distributor, or wholesaler, or distributor
functioning as a wholesaler, or retailer, shall 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.

begin delete

(i) The amendments that are made to this section by the act
adding this subdivision shall become operative May 1, 2007.

end delete

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 begin delete , electronic cigarettes, end delete or tobacco products in
this state begin insert , or a retailer that engages in the business of selling
cigarettes, electronic cigarettes, or tobacco products in this state, end insert
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)  begin insert (1) end insert begin insert   end insert 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 begin delete , electronic cigarettes, end delete 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.

begin insert

(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.

end insert

(c)  begin insert (1) end insert begin insert   end insert Continued sales or gifting of cigarettes begin delete , electronic
cigarettes, end delete 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 begin delete , electronic cigarettes, end delete and tobacco
products in the possession of the person by the board or a law
enforcement agency. Any cigarettes begin delete , electronic cigarettes, end delete and
tobacco products seized by the board or by a law enforcement
agency shall be deemed forfeited.

begin insert

(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.

end insert

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 begin delete , electronic cigarettes, end delete or tobacco
products for the period of the suspension begin insert , 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 end insert . The notice of suspension shall inform
the licensee of the effective dates of the suspension.

(d) Continued sales or gifting of cigarettes begin delete , electronic cigarettes, end delete
or tobacco products begin insert , or electronic cigarettes in the case of a
retailer, end insert 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 begin delete , electronic cigarettes, end delete 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 begin delete , electronic cigarettes, end delete or tobacco
products begin insert , 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, end insert 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 begin delete , electronic
cigarettes, end delete or tobacco products begin insert , or in the case of a retailer also
continues to display for sale electronic cigarettes, end insert shall be subject
to a civil penalty of one thousand dollars ($1,000) for each offense,
and shall not be subject to Section 22981.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 1947.5 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

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 begin insert , or using an electronic cigarette,
as defined in subdivision (c) of Section 22950.5 of the Business
and Professions Code, end insert 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 begin insert , or using an electronic
cigarette, end insert pursuant to this article shall include a provision that
specifies the areas on the property where smoking is prohibited,
begin insert or using an electronic cigarette is prohibited, end insert 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 begin insert , or using an electronic cigarette, end insert in any portion
of the property in which smoking begin insert or using an electronic cigarette end insert
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 begin insert or using an electronic cigarette end insert
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 begin insert or using an electronic
cigarette end insert 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 begin insert , or
using an electronic cigarette end insert .

(e) A limitation or prohibition of the use of any tobacco product
begin insert or the use of an 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.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 48901 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48901.  

(a)  begin delete No end delete begin insert A end insert school shall begin insert not end insert permit the smoking or use
of tobacco, or any product containing tobacco or nicotine products,
begin insert or using an electronic cigarette as defined in subdivision (c) of
Section 22950.5 of the Business and Professions Code, 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 begin insert or from using an electronic
cigarette end insert .

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 7597 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

7597.  

(a)  begin delete No end delete begin insert A end insert public employee or member of the public shall
begin insert not end insert smoke any tobacco product begin insert , or use an electronic cigarette as
defined in subdivision (c) of Section 22950.5 of the Business and
Professions Code, 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 begin delete shall end delete begin insert does end insert 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 begin insert , and electronic cigarette, end insert ordinances,
regulations, or policies that are more restrictive than the applicable
standards required by this chapter.

begin insert

begin insert SEC. 25. end insert   

end insert

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

1234.  

(a)  Smoking begin delete shall not be permitted end delete begin insert , or using an
electronic cigarette as defined in subdivision (c) of Section 22950.5
of the Business and Professions Code, is prohibited end insert 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 begin insert , or using an electronic cigarette, end insert 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 begin insert , or using an electronic cigarette, end insert 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 begin insert , or using an electronic cigarette, end insert 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 begin insert , or using an electronic cigarette, end insert 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

begin insert SEC. 26. end insert   

end insert

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

1286.  

(a)  Smoking begin delete shall be end delete begin insert , or using an electronic cigarette
as defined in subdivision (c) of Section 22950.5 of the Business
and Professions Code, is end insert 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 begin insert , or using an electronic cigarette, end insert shall not be
permitted in a patient room unless all persons assigned to such
room have requested a room where smoking begin insert , or using an electronic
cigarette, end insert 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 begin insert , or using an electronic cigarette, end insert 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 begin insert , or using an electronic cigarette, end insert is
unlawful, or

(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 begin insert , or using an electronic
cigarette, end insert 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 begin insert , or using an electronic cigarette, end insert is
unlawful except in areas designated “smoking permitted.”

(d)  No signs pertaining to smoking begin insert , or using an electronic
cigarette, end insert 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

begin insert SEC. 27. end insert   

end insert

begin insert Section 1530.7 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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 begin insert , and an environment free of electronic
cigarettes as defined in subdivision (c) of Section 22950.5 of the
Business and Professions Code, end insert 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 begin insert , or use an electronic cigarette, end insert or
permit any other person to smoke begin insert , or use an electronic cigarette, end insert
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 begin insert , or use an
electronic cigarette, end insert in any motor vehicle that is regularly used to
transport the child.

begin insert

begin insert SEC. 28. end insert   

end insert

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

1596.795.  

(a) The smoking of tobacco begin insert , or use of an electronic
cigarette as defined in subdivision (c) of Section 22950.5 of the
Business and Professions Code, end insert in a private residence that is
licensed as a family day care home begin delete shall be end delete begin insert is end insert 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 begin insert , or using an electronic cigarette, end insert in a family day care
home if the ordinance is more stringent than this section.

(b)  The smoking of tobacco begin insert , or using an electronic cigarette, end insert
on the premises of a licensed day care center begin delete shall be end delete begin insert is end insert prohibited.

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 104495 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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 begin insert , or use an electronic cigarette as defined
in subdivision (c) of Section 22950.5 of the Business and
Professions Code, end insert 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 begin insert , or an electronic cigarette or
related waste, end insert 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 begin delete shall end delete begin insert does end insert not preempt the authority of any
county, city, or city and county to regulate smoking begin insert , or the use of
an electronic cigarette, end insert 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.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 113953.3 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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, begin insert using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, end insert 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.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 113977 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

113977.  

(a) Except as specified in subdivision (b), an employee
shall eat, drink, begin delete or end delete use any form of tobacco begin insert , or use an electronic
cigarette as defined in subdivision (c) of Section 22950.5 of the
Business and Professions Code, end insert 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.

begin insert

begin insert SEC. 32. end insert   

end insert

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

113978.  

Food facilities shall have a begin delete “no smoking” sign end delete begin insert sign
that states both “no smoking” and “no using electronic cigarettes end insert begin insert ” end insert
posted in the food preparation, food storage, and warewashing
areas.

begin insert

begin insert SEC. 33. end insert   

end insert

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

114332.3.  

(a)  begin delete No end delete begin insert A end insert potentially hazardous food or beverage
stored or prepared in a private home begin delete may end delete begin insert shall not end insert 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 , or using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, 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.

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 114371 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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 45ºF 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 begin insert , or using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, end insert 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 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.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 118910 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118910.  

The Legislature declares its intent not to preempt the
field of regulation of the smoking of tobacco begin insert , or the use of an
electronic cigarette as defined in subdivision (c) of Section 22950.5
of the Business and Professions Code end insert . A local governing body
may ban completely the smoking of tobacco begin insert or using an electronic
cigarette end insert , or may regulate smoking begin insert or the using an electronic
cigarette, end insert in any manner not inconsistent with this article and
Article 3 (commencing with Section 118920) or any other provision
of state law.

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 118925 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118925.  

It is unlawful for any person to smoke tobacco or any
other plant product begin insert , or use an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, end insert 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.

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 118930 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118930.  

A notice prohibiting begin insert both end insert smoking begin insert and using an
electronic cigarette as defined in subdivision (c) of Section 22950.5
of the Business and Professions Code end insert , displayed as a symbol and
in English, shall be posted in each vehicle or aircraft subject to
this article.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 118935 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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 begin insert , or using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, end insert is prohibited. Not more than 25 percent of any given area
may be set aside for smokers begin insert or users of electronic cigarettes end insert .

(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 begin insert , or use of an
electronic cigarette, end insert 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 begin insert , or use an electronic
cigarette, end insert in an area posted pursuant to this section.

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 118948 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118948.  

(a) It is unlawful for a person to smoke a pipe, cigar,
or cigarette in a motor vehicle, begin insert or use an electronic cigarette as
defined in subdivision (c) of Section 22950.5 of the Business and
Professions Code, end insert 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.

begin delete SEC. 22. end delete
begin insert SEC. 40. end insert   

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) “Child-proof 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.

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 6404.5 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

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 , and the use of
electronic cigarettes as defined in subdivision (c) of Section
22950.5 of the Business and Professions Code, end insert 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 begin insert or electronic cigarette restrictions end insert
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 , and the use of 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 or use of electronic cigarettes end insert is not regulated
pursuant to subdivision (e) shall be subject to local regulation of
smoking of tobacco products begin insert or use of electronic cigarettes end insert .

(b) No employer shall knowingly or intentionally permit, and
no person shall engage in, the smoking of tobacco products begin insert or
using an electronic cigarette end insert 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 begin insert or using an electronic cigarette end insert is prohibited
throughout the building or structure, a sign begin delete stating “No smoking” end delete
begin insert that states both “no smoking” and “no using electronic cigarettes end insert begin insert ” end insert
shall be posted at each entrance to the building or structure.

(B) Where smoking begin insert or using an electronic cigarette end insert is permitted
in designated areas of the building or structure, a sign stating
“Smoking begin insert or using an electronic cigarette, end insert 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 begin insert or using an electronic cigarette end insert refrain from smoking
begin insert or using an electronic cigarette end insert 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 begin insert or using an electronic
cigarette end insert , 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 begin insert or using an
electronic cigarette end insert by the establishment. An establishment may
permit smoking begin insert or using an electronic cigarette end insert 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 begin insert or using an electronic cigarette end insert is not permitted in
a meeting or banquet room pursuant to this paragraph, the
establishment may permit smoking begin insert or using an electronic cigarette end insert
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 begin insert , retail or wholesale
electronic cigarette shops, end insert 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.

begin insert

(C) “Retail or wholesale electronic cigarette shop” means any
business establishment the main purpose of which is the sale of
electronic cigarettes.

end insert

(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 begin insert , or employees who do not use
electronic cigarettes, end insert 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 begin insert or using an electronic
cigarette end insert 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 begin insert or using an electronic
cigarette end insert 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 begin insert or using an electronic
cigarette end insert is an integral part of the story in the theatrical production.

(10) Medical research or treatment sites, if smoking begin insert or using
an electronic cigarette end insert is integral to the research and treatment
being conducted.

(11) Private residences, except for private residences licensed
as family day care homes, where smoking begin insert or using an electronic
cigarette end insert 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 begin insert or using
an electronic cigarette end insert , provided that all of the following conditions
are met:

(A) Air from the begin delete smoking end delete room shall be exhausted directly to
the outside by an exhaust fan. Air from the begin delete smoking end delete 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 begin delete smoking end delete 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 begin insert and individuals who do not use
electronic cigarettes end insert .

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

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

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

(C) Air from the begin delete smoking end delete area shall be exhausted directly to
the outside by an exhaust fan. Air from the begin delete smoking end delete 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 begin delete smoking end delete 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 begin insert or individuals who use electronic
cigarettes end insert , or to provide breakrooms for smokers or nonsmokers.

(f) (1) Except as otherwise provided in this subdivision,
smoking begin insert or using an electronic cigarette end insert 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 begin insert or
electronic cigarette vapor end insert 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 begin insert or electronic cigarette vapor end insert 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 begin insert or using an
electronic cigarette end insert 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 begin insert or using an
electronic cigarette end insert 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 begin insert or using an electronic cigarette end insert 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 begin insert or using an electronic cigarette end insert 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 begin insert and electronic cigarette end insert prohibition set forth
in this section shall constitute a uniform statewide standard for
regulating the smoking of tobacco products begin insert , or using an electronic
cigarette, end insert 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 begin insert , or
using an electronic cigarette, end insert in enclosed places of employment.
Insofar as the smoking begin insert and electronic cigarette end insert prohibition set
forth in this section is applicable to all (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 begin insert or electronic cigarette restrictions end insert
within their respective jurisdictions.

(h) Nothing in this section shall prohibit an employer from
prohibiting smoking begin insert or using an electronic cigarette end insert in an enclosed
place of employment for any reason.

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

(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 , or using an electronic cigarette, 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.

begin delete SEC. 23. end delete
begin insert SEC. 42. end insert   

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 any
tobacco, cigarette, begin insert electronic cigarette, end insert 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 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.

(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 years who purchases,
receives, or possesses any tobacco, cigarette, begin insert electronic cigarette, end insert
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 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.

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 640 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

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 begin insert , or using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, end insert 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.

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 561 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

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 , and using an electronic cigarette
as defined in subdivision (c) of Section 22950.5 of the Business
and Professions Code, 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 begin insert and no using
electronic cigarette requirements end insert pursuant to subdivision (a).
Words on such notices which state begin delete “No Smoking” end delete begin insert both “no
smoking” and “no using electronic cigarettes end insert begin insert ” end insert 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 , or use 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.

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 99580 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

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 using an electronic cigarette as defined in
subdivision (c) of Section 22950.5 of the Business and Professions
Code, 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.

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 12523 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

12523.  

(a)  begin delete No end delete begin insert A end insert person shall begin insert not end insert 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 , or using an electronic cigarette end insert begin insert as
defined in subdivision (c) of Section 22950.5 of the Business and
Professions Code 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.

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert Section 12523.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

12523.5.  

(a)  begin delete No end delete begin insert A end insert person shall begin insert not end insert 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 eight 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 begin insert , or using an electronic cigarette end insert begin insert as
defined in subdivision (c) of Section 22950.5 of the Business and
Professions Code end insert .

(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.

begin delete SEC. 24. end delete
begin insert SEC. 48. end insert   

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.