Amended in Senate June 1, 2015

Amended in Senate April 13, 2015

Amended in Senate March 10, 2015

Senate BillNo. 140


Introduced by Senator Leno

(Principal coauthor: Senator Pan)

(Principal coauthor: Assembly Member Ting)

(Coauthors: Senators Hernandez, McGuire, and Stone)

(Coauthor: Assembly Member Chiu)

January 26, 2015


An act to amend Sections 22950.5, 22958,begin delete 22962, and 22971 ofend deletebegin insert and 22962 of, to amend, repeal, and add Sections 22973 and 22980.2 of, and to add Section 22971.7 to,end insert the Business and Professions Code, to amend Section 1947.5 of the Civil Code, to amend Section 48901 of the Education Code, to amend Section 7597 of the Government Code, to amend Sections 1234, 1286, 1530.7, 1596.795, 104495, 114332.3, 114371, 118910, 118925, and 118948 of, and to repeal Section 119405 of, the Health and Safety Code, to amend Section 6404.5 of the Labor Code, to amend Section 308 of the Penal Code, to amend Sections 561 and 99580 of the Public Utilities Code, and to amend Section 12523 of the Vehicle Code, relating to electronic cigarettes.

LEGISLATIVE COUNSEL’S DIGEST

SB 140, as amended, Leno. Electronic cigarettes.

Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products to minors. Existing law permits enforcing agencies to assess various civil penalties for violations of the STAKE Act. Existing law makes it a crime to furnish tobacco products to minors. Existing law also prohibits a person from selling or otherwise furnishing an electronic cigarette to minors, and makes a violation punishable as an infraction.

This bill would define the term “smoking” for purposes of the STAKE Act. The bill would also change the STAKE Act’s definition of tobacco products to include electronic devices, such as electronic cigarettes, that deliver nicotine or other vaporized liquids, and make furnishing such a tobacco product to a minor a misdemeanor.

begin insertExisting law, the Cigarette and Tobacco Products Tax Law, imposes a tax on the distribution of cigarettes and tobacco products at specified rates, and defines tobacco products for those purposes. end insertExisting law, the Cigarette and Tobacco Products Licensing Act of 2003, requires the State Board of Equalization to administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobaccobegin delete products.end deletebegin insert products, as defined.end insert Under existing law, a violation of this act is a misdemeanor.begin insert Existing law requires a retailer to have in place and maintain a license to engage in the sale of cigarettes or tobacco products, as defined, and prescribes procedures for the issuance of and grounds for revocation or suspension of a license. Existing law requires a retailer who seeks to obtain a license to engage in the sale ofend insertbegin insert cigarettes and tobacco products to pay a one-time license fee of $100, as specified. Existing law authorizes the State Board of Equalization or a law enforcement agency that discovers that a retailer or other person possesses, stores, owns, or has made a retail sale of tobacco products on which a tax is due but has not been paid to seize those products, and deems those products forfeited, as specified.end insert

This bill wouldbegin delete change that act’s definition of tobacco products to reflectend deletebegin insert include in the definition of tobacco products for the purposes of those provisions relating to licenses for retailersend insert the STAKE Act’s new definition of tobacco products.begin insert This bill would require a retailer that seeks to sell a tobacco product that is not subject to imposition of a tax under the Cigarette and Tobacco Products Tax Law to pay a one-time license fee to engage in the sale of that product, as specified. The bill would except the STAKE Act’s new definition of tobacco products from the provision authorizing seizure of tobacco products described above. The bill would make these provisions operative on October 1, 2016.end insert

begin insert

Existing law makes it a crime for a person or entity to engage in the business of selling cigarettes or tobacco products without a valid license or after a license has been suspended or revoked, as specified. Existing law also makes it a crime for a person to continue selling or gifting cigarettes or tobacco products without a valid license or after a notification of suspension or revocation, as specified.

end insert
begin insert

This bill would include in the definition of tobacco products for the purposes of those provisions the STAKE Act’s new definition of tobacco products. The bill would make that provision operative on October 1, 2016.

end insert

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 prohibitions is punishable as an infraction.

This bill would change the location restrictions for smoking cigarettes and other tobacco products to reflect the STAKE Act’s definitions of smoking and tobacco products. The bill would make the use of electronic cigarettes in some of these restricted locations a violation punishable as an infraction.

Existing law prohibits the smoking of medical marijuana in any place where smoking is prohibited by law.

This bill would declare that its provisions do not affect any law or regulation regarding medical marijuana.

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

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 22950.5 of the Business and Professions
2Code
is amended to read:

3

22950.5.  

For purposes of this division, the following terms
4have the following meanings:

5(a) “Department” means the State Department of Public Health.

6(b) “Enforcing agency” means the State Department of Public
7Health, another state agency, including, but not limited to, the
8office of the Attorney General, or a local law enforcement agency,
P4    1including, but not limited to, a city attorney, district attorney, or
2county counsel.

3(c) “Smoking” means inhaling, exhaling, burning, or carrying
4any lighted or heated cigar, cigarette, or pipe, or any other lighted
5or heated tobacco or plant product intended for inhalation, whether
6natural or synthetic, in any manner or in any form. “Smoking”
7includes the use of an electronic smoking device that creates an
8aerosol or vapor, in any manner or in any form, or the use of any
9oral smoking device for the purpose of circumventing the
10prohibition of smoking.

11(d) (1) “Tobacco product” means any of the following:

12(A) A product containing, made, or derived from tobacco or
13nicotine that is intended for human consumption, whether smoked,
14heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
15ingested by any other means, including, but not limited to,
16cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or
17snuff.

18(B) An electronic device that delivers nicotine or other vaporized
19liquids to the person inhaling from the device, including, but not
20limited to, an electronic cigarette, cigar, pipe, or hookah.

21(C) Any component, part, or accessory of a tobacco product,
22whether or not sold separately.

23(2) “Tobacco product” does not include a product that has been
24approved by the United States Food and Drug Administration for
25sale as a tobacco cessation product or for other therapeutic purposes
26where the product is marketed and sold solely for such an approved
27purpose.

28

SEC. 2.  

Section 22958 of the Business and Professions Code
29 is amended to read:

30

22958.  

(a) An enforcing agency may assess civil penalties
31against any person, firm, or corporation that sells, gives, or in any
32way furnishes to another person who is under 18 years of age, any
33tobacco, cigarette, cigarette papers, any other instrument or
34paraphernalia that is designed for the smoking or ingestion of
35tobacco, tobacco products, or any controlled substance, according
36to the following schedule: (1) a civil penalty of four hundred dollars
37($400) to six hundred dollars ($600) for the first violation, (2) a
38civil penalty of nine hundred dollars ($900) to one thousand dollars
39($1,000) for the second violation within a five-year period, (3) a
40civil penalty of one thousand two hundred dollars ($1,200) to one
P5    1thousand eight hundred dollars ($1,800) for a third violation within
2a five-year period, (4) a civil penalty of three thousand dollars
3($3,000) to four thousand dollars ($4,000) for a fourth violation
4within a five-year period, or (5) a civil penalty of five thousand
5dollars ($5,000) to six thousand dollars ($6,000) for a fifth violation
6within a five-year period.

7(b) (1) In addition to the civil penalties described in subdivision
8(a), upon the assessment of a civil penalty for the third, fourth, or
9fifth violation, the department, within 60 days of the date of service
10of the final administrative adjudication on the parties or payment
11of the civil penalty for an uncontested violation, shall notify the
12State Board of Equalization of the violation. The State Board of
13Equalization shall then assess a civil penalty of two hundred fifty
14dollars ($250) and suspend or revoke a license issued pursuant to
15Chapter 2 (commencing with Section 22972) of Division 8.6 in
16accordance with the following schedule:

17(A) A 45-day suspension of the license for a third violation at
18the same location within a five-year period.

19(B) A 90-day suspension of the license for a fourth violation at
20the same location within a five-year period.

21(C) Revocation of the license for a fifth violation at the same
22location within a five-year period.

23(2) The provisions of Chapter 4 (commencing with Section
2455121) of Part 30 of Division 2 of the Revenue and Taxation Code
25apply with respect to the collection of the penalty imposed by the
26State Board of Equalization pursuant to paragraph (1).

27(c) (1) For each suspension or revocation pursuant to
28subdivision (b), the civil penalty of two hundred fifty dollars ($250)
29assessed pursuant to that subdivision, notwithstanding Section
3022953, shall be deposited into the Cigarette and Tobacco Products
31Compliance Fund established pursuant to Section 22990. Moneys
32from that civil penalty deposited into this fund shall be made
33available to the State Board of Equalization, upon appropriation
34by the Legislature, for the purposes of meeting its duties under
35subdivision (b).

36(2) The department shall, upon request, provide to the State
37Board of Equalization information concerning any person, firm,
38or corporation that has been assessed a civil penalty for violation
39of the STAKE Act pursuant to this section when the department
40has notified the State Board of Equalization of the violation.

P6    1(d) The enforcing agency shall assess penalties pursuant to the
2schedule set forth in subdivision (a) against a person, firm, or
3corporation that sells, offers for sale, or distributes tobacco products
4from a cigarette or tobacco products vending machine, or a person,
5firm, or corporation that leases, furnishes, or services these
6machines in violation of Section 22960.

7(e) An enforcing agency may assess civil penalties against a
8person, firm, or corporation that sells or deals in tobacco or any
9preparation thereof, and fails to post conspicuously and keep posted
10in the place of business at each point of purchase the notice
11required pursuant to subdivision (b) of Section 22952. The civil
12penalty shall be in the amount of two hundred dollars ($200) for
13the first offense and five hundred dollars ($500) for each additional
14violation.

15(f) An enforcing agency shall assess penalties in accordance
16with the schedule set forth in subdivision (a) against a person, firm,
17or corporation that advertises or causes to be advertised a tobacco
18product on an outdoor billboard in violation of Section 22961.

19(g) If a civil penalty has been assessed pursuant to this section
20against a person, firm, or corporation for a single, specific violation
21of this division, the person, firm, or corporation shall not be
22prosecuted under Section 308 of the Penal Code for a violation
23based on the same facts or specific incident for which the civil
24penalty was assessed. If a person, firm, or corporation has been
25prosecuted for a single, specific violation of Section 308 of the
26Penal Code, the person, firm, or corporation shall not be assessed
27a civil penalty under this section based on the same facts or specific
28incident upon which the prosecution under Section 308 of the Penal
29Code was based.

30(h) (1) In the case of a corporation or business with more than
31one retail location, to determine the number of accumulated
32violations for purposes of the penalty schedule set forth in
33subdivision (a), violations of this division by one retail location
34shall not be accumulated against other retail locations of that same
35corporation or business.

36(2) In the case of a retail location that operates pursuant to a
37franchise as defined in Section 20001, violations of this division
38accumulated and assessed against a prior owner of a single
39franchise location shall not be accumulated against a new owner
P7    1of the same single franchise location for purposes of the penalty
2schedule set forth in subdivision (a).

3(i) Proceedings under this section shall be conducted pursuant
4to Section 131071 of the Health and Safety Code, except in cases
5where a civil penalty is assessed by an enforcing agency other than
6the department, in which case proceedings shall be conducted
7pursuant to the procedures of that agency that are consistent with
8Section 131071 of the Health and Safety Code.

9

SEC. 3.  

Section 22962 of the Business and Professions Code
10 is amended to read:

11

22962.  

(a) For purposes of this section, the following terms
12have the following meanings:

13(1) “Self-service display” means the open display of tobacco
14products or tobacco paraphernalia in a manner that is accessible
15to the general public without the assistance of the retailer or
16employee of the retailer.

17(2) “Tobacco paraphernalia” means cigarette papers or wrappers,
18blunt wraps as defined in Section 308 of the Penal Code, pipes,
19holders of smoking materials of all types, cigarette rolling
20machines, or other instruments or things designed for the smoking
21or ingestion of tobacco products.

22(3) “Tobacco product” means a product or device as defined in
23subdivision (d) of Section 22950.5 of the Business and Professions
24Code.

25(4) “Tobacco store” means a retail business that meets all of the
26following requirements:

27(A) Primarily sells tobacco products.

28(B) Generates more than 60 percent of its gross revenues
29annually from the sale of tobacco products and tobacco
30paraphernalia.

31(C) Does not permit any person under 18 years of age to be
32present or enter the premises at any time, unless accompanied by
33the person’s parent or legal guardian, as defined in Section 6903
34of the Family Code.

35(D) Does not sell alcoholic beverages or food for consumption
36on the premises.

37(b) (1) (A) Except as permitted in subdivision (b) of Section
3822960, it is unlawful for a person engaged in the retail sale of
39tobacco products to sell, offer for sale, or display for sale any
40tobacco product or tobacco paraphernalia by self-service display.
P8    1A person who violates this section is subject to those civil penalties
2specified in the schedule in subdivision (a) of Section 22958.

3(B) A person who violates this section is subject to those civil
4penalties specified in the schedule in subdivision (a) of Section
522958.

6(2) It is unlawful for a person engaged in the retail sale of blunt
7wraps to place or maintain, or to cause to be placed or maintained,
8any blunt wraps advertising display within two feet of candy,
9snack, or nonalcoholic beverage displayed inside any store or
10business.

11(3) It is unlawful for any person or business to place or maintain,
12or cause to be placed or maintained, any blunt wrap advertising
13display that is less than four feet above the floor.

14(c) Subdivision (b) shall not apply to the display in a tobacco
15store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping
16tobacco, provided that in the case of cigars they are generally not
17sold or offered for sale in a sealed package of the manufacturer or
18importer containing less than six cigars. In any enforcement action
19brought pursuant to this division, the retail business that displays
20any of the items described in this subdivision in a self-service
21display shall have the burden of proving that it qualifies for the
22exemption established in this subdivision.

23(d) The Attorney General, a city attorney, a county counsel, or
24a district attorney may bring a civil action to enforce this section.

25(e) This section does not preempt or otherwise prohibit the
26adoption of a local standard that imposes greater restrictions on
27the access to tobacco products than the restrictions imposed by
28this section. To the extent that there is an inconsistency between
29this section and a local standard that imposes greater restrictions
30on the access to tobacco products, the greater restriction on the
31access to tobacco products in the local standard shall prevail.

begin delete
32

SEC. 4.  

Section 22971 of the Business and Professions Code
33 is amended to read:

34

22971.  

For purposes of this division, the following terms shall
35have the following meanings:

36(a) “Board” means the State Board of Equalization.

37(b) “Brand family” has the same meaning as that term is defined
38in paragraph (2) of subdivision (a) of Section 30165.1 of the
39Revenue and Taxation Code.

P9    1(c) “Cigarette” means a cigarette as defined in Section 30003
2of the Revenue and Taxation Code.

3(d) (1) “Control” or “controlling” means possession, direct or
4indirect, of the power:

5(A) To vote 25 percent or more of any class of the voting
6securities issued by a person.

7(B) To direct or cause the direction of the management and
8policies of a person, whether through the ownership of voting
9securities, by contract, other than a commercial contract for goods
10or nonmanagement services, or as otherwise provided; however,
11no individual shall be deemed to control a person solely on account
12of being a director, officer, or employee of that person.

13(2) For purposes of subparagraph (B) of paragraph (1), a person
14who, directly or indirectly, owns, controls, holds, with the power
15to vote, or holds proxies representing 10 percent or more of the
16then outstanding voting securities issued by another person, is
17presumed to control that other person.

18(3) For purposes of this division, the board may determine
19whether a person in fact controls another person.

20(e) “Display for sale” means the placement of cigarettes or
21tobacco products in a vending machine or in retail stock for the
22purpose of selling or gifting the cigarettes or tobacco products.
23For purposes of this definition, the clear and easily visible display
24of cigarettes or tobacco products shall create a rebuttable
25presumption that either were displayed for sale.

26(f) “Distributor” means a distributor as defined in Section 30011
27of the Revenue and Taxation Code.

28(g) “Gifting” means any transfer of title or possession without
29consideration, exchange, or barter, in any manner or by any means,
30of cigarettes or tobacco products that have been purchased for
31resale under a license issued pursuant to this division if the transfer
32occurs while the license is suspended or after the effective date of
33its revocation.

34(h) “Importer” means an importer as defined in Section 30019
35of the Revenue and Taxation Code.

36(i) “Law enforcement agency” means a sheriff, a police
37department, or a city, county, or city and county agency or
38department designated by the governing body of that agency to
39enforce this chapter or to enforce local smoking and tobacco
40ordinances and regulations.

P10   1(j) “License” means a license issued by the board pursuant to
2this division.

3(k) “Licensee” means any person holding a license issued by
4the board pursuant to this division.

5(l) “Manufacturer” means a manufacturer of cigarettes or
6tobacco products sold in this state.

7(m) “Notice” or “notification” means, unless as otherwise
8provided, the written notice or notification provided to a licensee
9by the board by either actual delivery to the licensee or by
10first-class mail addressed to the licensee at the address on the
11license.

12(n) “Package of cigarettes” means a package as defined in
13Section 30015 of the Revenue and Taxation Code.

14(o) “Person” means a person as defined in Section 30010 of the
15Revenue and Taxation Code.

16(p) “Retailer” means a person who engages in this state in the
17sale of cigarettes or tobacco products directly to the public from
18a retail location. Retailer includes a person who operates vending
19machines from which cigarettes or tobacco products are sold in
20this state.

21(q) “Retail location” means both of the following:

22(1) Any building from which cigarettes or tobacco products are
23sold at retail.

24(2) A vending machine.

25(r) “Sale” or “sold” means a sale as defined in Section 30006
26of the Revenue and Taxation Code.

27(s) “Tobacco products” means a product or device as defined
28in subdivision (d) of Section 22950.5.

29(t) “Unstamped package of cigarettes” means a package of
30cigarettes that does not bear a tax stamp as required under Part 13
31(commencing with Section 30001) of Division 2 of the Revenue
32and Taxation Code, including a package of cigarettes that bears a
33tax stamp of another state or taxing jurisdiction, a package of
34cigarettes that bears a counterfeit tax stamp, or a stamped or
35unstamped package of cigarettes that is marked “Not for sale in
36the United States.”

37(u) “Wholesaler” means a wholesaler as defined in Section
3830016 of the Revenue and Taxation Code.

end delete
39begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 22971.7 is added to the end insertbegin insertBusiness and
40Professions Code
end insert
begin insert, end insertimmediately preceding Section 22972begin insert, to read:end insert

begin insert
P11   1

begin insert22971.7.end insert  

(a) For the purposes of this chapter, except as
2provided in subdivision (b), and notwithstanding subdivision (s)
3of Section 22971, a “tobacco product” includes a product or device
4as defined in subdivision (d) of Section 22950.5.

5(b) This section does not apply to subdivision (b) of Section
622974.3.

7(c) This section shall be operative on October 1, 2016.

end insert
8begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 22973 of the end insertbegin insertBusiness and Professions Codeend insert
9begin insert is amended to read:end insert

10

22973.  

(a) An application for a license shall be filed on or
11before April 15, 2004, on a form prescribed by the board and shall
12include the following:

13(1) The name, address, and telephone number of the applicant.

14(2) The business name, address, and telephone number of each
15retail location. For applicants who control more than one retail
16location, an address for receipt of correspondence or notices from
17the board, such as a headquarters or corporate office of the retailer,
18shall also be included on the application and listed on the license.
19Citations issued to licensees shall be forwarded to all addressees
20on the license.

21(3) A statement by the applicant affirming that the applicant
22has not been convicted of a felony and has not violated and will
23not violate or cause or permit to be violated any of the provisions
24of this division or any rule of the board applicable to the applicant
25or pertaining to the manufacture, sale, or distribution of cigarettes
26or tobacco products. If the applicant is unable to affirm this
27statement, the application shall contain a statement by the applicant
28of the nature of any violation or the reasons that will prevent the
29applicant from complying with the requirements with respect to
30the statement.

31(4) If any other licenses or permits have been issued by the
32board or the Department of Alcoholic Beverage Control to the
33applicant, the license or permit number of those licenses or permits
34then in effect.

35(5) A statement by the applicant that the contents of the
36application are complete, true, and correct. Any person who signs
37a statement pursuant to this subdivision that asserts the truth of
38any material matter that he or she knows to be false is guilty of a
39misdemeanor punishable by imprisonment of up to one year in the
P12   1county jail, or a fine of not more than one thousand dollars
2($1,000), or both the imprisonment and the fine.

3(6) The signature of the applicant.

4(7) Any other information the board may require.

5(b) The board may investigate to determine the truthfulness and
6completeness of the information provided in the application. The
7board may issue a license without further investigation to an
8applicant for a retail location if the applicant holds a valid license
9from the Department of Alcoholic Beverage Control for that same
10location.

11(c) The board shall provide electronic means for applicants to
12download and submit applications.

13(d) (1) A one-time license fee of one hundred dollars ($100)
14shall be submitted with each application. An applicant that owns
15or controls more than one retail location shall obtain a separate
16license for each retail location, but may submit a single application
17for those licenses with a one-time license fee of one hundred dollars
18($100) per location.

19(2) The one-time fee required by this subdivision does not apply
20to an application for renewal of a license for a retail location for
21which the one-time license fee has already been paid. If a license
22is reinstated after its expiration, the retailer, as a condition
23precedent to its reinstatement, shall pay a reinstatement fee of one
24 hundred dollars ($100).

begin insert

25(e) This section shall become inoperative on October 1, 2016,
26and, as of January 1, 2017, is repealed.

end insert
27begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 22973 is added to the end insertbegin insertBusiness and Professions
28Code
end insert
begin insert, to read:end insert

begin insert
29

begin insert22973.end insert  

(a) An application for a license shall be filed on or
30before April 15, 2004, on a form prescribed by the board and shall
31include the following:

32(1) The name, address, and telephone number of the applicant.

33(2) The business name, address, and telephone number of each
34retail location. For applicants who control more than one retail
35location, an address for receipt of correspondence or notices from
36the board, such as a headquarters or corporate office of the
37retailer, shall also be included on the application and listed on
38the license. Citations issued to licensees shall be forwarded to all
39addressees on the license.

P13   1(3) A statement by the applicant affirming that the applicant
2has not been convicted of a felony and has not violated and will
3not violate or cause or permit to be violated any of the provisions
4of this division or any rule of the board applicable to the applicant
5or pertaining to the manufacture, sale, or distribution of cigarettes
6or tobacco products. If the applicant is unable to affirm this
7statement, the application shall contain a statement by the
8applicant of the nature of any violation or the reasons that will
9prevent the applicant from complying with the requirements with
10respect to the statement.

11(4) If any other licenses or permits have been issued by the
12board or the Department of Alcoholic Beverage Control to the
13applicant, the license or permit number of those licenses or permits
14then in effect.

15(5) A statement by the applicant that the contents of the
16 application are complete, true, and correct. Any person who signs
17a statement pursuant to this subdivision that asserts the truth of
18any material matter that he or she knows to be false is guilty of a
19misdemeanor punishable by imprisonment of up to one year in the
20county jail, or a fine of not more than one thousand dollars
21($1,000), or both the imprisonment and the fine.

22(6) The signature of the applicant.

23(7) Any other information the board may require.

24(b) The board may investigate to determine the truthfulness and
25completeness of the information provided in the application. The
26board may issue a license without further investigation to an
27applicant for a retail location if the applicant holds a valid license
28from the Department of Alcoholic Beverage Control for that same
29location.

30(c) The board shall provide electronic means for applicants to
31download and submit applications.

32(d) (1) A one-time license fee of one hundred dollars ($100)
33shall be submitted with each application to obtain a license to
34engage in the sale of a tobacco product, as defined in subdivision
35(b) of Section 30121 and subdivision (b) of Section 30131.1. An
36applicant that owns or controls more than one retail location shall
37obtain a separate license for each retail location, but may submit
38a single application for those licenses with a one-time license fee
39of one hundred dollars ($100) per location.

P14   1(2) A one-time license fee in an amount determined by the Board
2of Equalization shall be submitted with each application to obtain
3a license to engage in the sale of a tobacco product, as defined in
4 subdivision (d) of Section 22950.5, that is not subject to a tax
5imposed by the Cigarette and Tobacco Products Tax Law pursuant
6to Part 13 (commencing with Section 30001) of Division 2 of the
7Revenue and Taxation Code. The fee collected pursuant to this
8paragraph shall not exceed the total cost associated with the
9administration and enforcement of the license.

10(3) The one-time fee required by paragraph (1) of this
11subdivision does not apply to an application for renewal of a
12license for a retail location for which the one-time license fee has
13already been paid. If a license is reinstated after its expiration,
14the retailer, as a condition precedent to its reinstatement, shall
15pay a reinstatement fee of one hundred dollars ($100).

16(e) This section shall be operative on October 1, 2016.

end insert
17begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 22980.2 of the end insertbegin insertBusiness and Professions Codeend insert
18begin insert is amended to read:end insert

19

22980.2.  

(a) A person or entity that engages in the business
20of selling cigarettes or tobacco products in this state either without
21a valid license or after a license has been suspended or revoked,
22and each officer of any corporation that so engages in this business,
23is guilty of a misdemeanor punishable as provided in Section
2422981.

25(b) Each day after notification by the board or by a law
26enforcement agency that a manufacturer, wholesaler, distributor,
27importer, retailer, or any other person required to be licensed under
28this division offers cigarette and tobacco products for sale or
29exchange without a valid license for the location from which they
30are offered for sale shall constitute a separate violation.

31(c) Continued sales or gifting of cigarettes and tobacco products
32either without a valid license or after a notification of suspension
33or revocation shall constitute a violation punishable as provided
34in Section 22981, and shall result in the seizure of all cigarettes
35and tobacco products in the possession of the person by the board
36or a law enforcement agency. Any cigarettes and tobacco products
37seized by the board or by a law enforcement agency shall be
38deemed forfeited.

begin insert

39(d) This section shall become inoperative on October 1, 2016,
40and, as of January 1, 2017, is repealed.

end insert
P15   1begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 22980.2 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert22980.2.end insert  

(a) A person or entity that engages in the business
4of selling cigarettes or tobacco products in this state either without
5a valid license or after a license has been suspended or revoked,
6and each officer of any corporation that so engages in this
7business, is guilty of a misdemeanor punishable as provided in
8Section 22981.

9(b) Each day after notification by the board or by a law
10enforcement agency that a manufacturer, wholesaler, distributor,
11importer, retailer, or any other person required to be licensed
12under this division offers cigarette and tobacco products for sale
13or exchange without a valid license for the location from which
14they are offered for sale shall constitute a separate violation.

15(c) Continued sales or gifting of cigarettes and tobacco products
16either without a valid license or after a notification of suspension
17or revocation shall constitute a violation punishable as provided
18in Section 22981, and shall result in the seizure of all cigarettes
19and tobacco products in the possession of the person by the board
20or a law enforcement agency. Any cigarettes and tobacco products
21seized by the board or by a law enforcement agency shall be
22deemed forfeited.

23(d) For the purposes of this section, notwithstanding subdivision
24(s) of Section 22971, “tobacco products” includes a product or
25device as defined in subdivision (d) of Section 22950.5.

26(e) This section shall be operative on October 1, 2016.

end insert
27

begin deleteSEC. 5.end delete
28begin insertSEC. 9.end insert  

Section 1947.5 of the Civil Code is amended to read:

29

1947.5.  

(a) A landlord of a residential dwelling unit, as defined
30in Section 1940, or his or her agent, may prohibit the smoking of
31a cigarette, as defined in Section 104556 of the Health and Safety
32Code, or other tobacco product on the property or in any building
33or portion of the building, including any dwelling unit, other
34interior or exterior area, or the premises on which it is located, in
35accordance with this article.

36(b) (1) Every lease or rental agreement entered into on or after
37January 1, 2012, for a residential dwelling unit on property on any
38portion of which the landlord has prohibited the smoking of
39cigarettes or other tobacco products pursuant to this article shall
40include a provision that specifies the areas on the property where
P16   1 smoking is prohibited, if the lessee has not previously occupied
2the dwelling unit.

3(2) For a lease or rental agreement entered into before January
41, 2012, a prohibition against the smoking of cigarettes or other
5tobacco products in any portion of the property in which smoking
6was previously permitted shall constitute a change of the terms of
7tenancy, requiring adequate notice in writing, to be provided in
8the manner prescribed in Section 827.

9(c) A landlord who exercises the authority provided in
10subdivision (a) to prohibit smoking shall be subject to federal,
11state, and local requirements governing changes to the terms of a
12lease or rental agreement for tenants with leases or rental
13agreements that are in existence at the time that the policy limiting
14or prohibiting smoking is adopted.

15(d) This section shall not be construed to preempt any local
16ordinance in effect on or before January 1, 2012, or any provision
17of a local ordinance in effect on or after January 1, 2012, that
18restricts the smoking of cigarettes or other tobacco products.

19(e) A limitation or prohibition of the use of any tobacco product
20shall not affect any other term or condition of the tenancy, nor
21shall this section be construed to require statutory authority to
22establish or enforce any other lawful term or condition of the
23tenancy.

24(f) For purposes of this section, “smoking” has the meaning of
25the definition in subdivision (c) of Section 22950.5 of the Business
26and Professions Code.

27(g) For purposes of this section, “tobacco product” means a
28product or device as defined in subdivision (d) of Section 22950.5
29of the Business and Professions Code.

30

begin deleteSEC. 6.end delete
31begin insertSEC. 10.end insert  

Section 48901 of the Education Code is amended to
32read:

33

48901.  

(a)  No school shall permit the smoking or use of a
34tobacco product by pupils of the school while the pupils are on
35campus, or while attending school-sponsored activities or while
36under the supervision and control of school district employees.

37(b) The governing board of any school district maintaining a
38high school shall take all steps it deems practical to discourage
39high school students from smoking.

P17   1(c) For purposes of this section, “smoking” has the meaning of
2the definition in subdivision (c) of Section 22950.5 of the Business
3 and Professions Code.

4(d) For purposes of this section, “tobacco product” means a
5product or device as defined in subdivision (d) of Section 22950.5
6of the Business and Professions Code.

7

begin deleteSEC. 7.end delete
8begin insertSEC. 11.end insert  

Section 7597 of the Government Code is amended
9to read:

10

7597.  

(a) No public employee or member of the public shall
11smoke a tobacco product inside a public building, or in an outdoor
12area within 20 feet of a main exit, entrance, or operable window
13of a public building, or in a passenger vehicle, as defined by
14Section 465 of the Vehicle Code, owned by the state.

15(b) This section shall not preempt the authority of any county,
16city, city and county, California Community College campus,
17campus of the California State University, or campus of the
18University of California to adopt and enforce additional smoking
19and tobacco control ordinances, regulations, or policies that are
20more restrictive than the applicable standards required by this
21chapter.

22(c) For purposes of this section, “smoke” and “smoking” have
23the meaning of the definition in subdivision (c) of Section 22950.5
24of the Business and Professions Code.

25(d) For purposes of this section, “tobacco product” means a
26product or device as defined in subdivision (d) of Section 22950.5
27of the Business and Professions Code.

28

begin deleteSEC. 8.end delete
29begin insertSEC. 12.end insert  

Section 1234 of the Health and Safety Code is
30amended to read:

31

1234.  

(a)  Smoking a tobacco product shall not be permitted
32in patient areas of a clinic except those rooms designated for
33occupancy exclusively by smokers.

34(b)  Clearly legible signs shall either:

35(1)  State that smoking is unlawful and be conspicuously posted
36by, or on behalf of, the owner or manager of such clinic, in all
37areas of a clinic where smoking is unlawful.

38(2)  Identify “smoking permitted” areas, and be posted by, or
39on behalf of, the owner or manager of such clinic, only in areas of
40a clinic where smoking is lawfully permitted.

P18   1If “smoking permitted” signs are posted, there shall also be
2conspicuously posted, near all major entrances, clearly legible
3signs stating that smoking is unlawful except in areas designated
4“smoking permitted.”

5(c)  This section shall not apply to skilled nursing facilities,
6intermediate care facilities, and intermediate care facilities for the
7developmentally disabled.

8(d) For purposes of this section, “smoking” has the meaning of
9the definition in subdivision (c) of Section 22950.5 of the Business
10and Professions Code.

11(e) For purposes of this section, “tobacco product” means a
12product or device as defined in subdivision (d) of Section 22950.5
13of the Business and Professions Code.

14

begin deleteSEC. 9.end delete
15begin insertSEC. 13.end insert  

Section 1286 of the Health and Safety Code is
16amended to read:

17

1286.  

(a)  Smoking a tobacco product shall be prohibited in
18patient care areas, waiting rooms, and visiting rooms of a health
19facility, except those areas specifically designated as smoking
20areas, and in patient rooms as specified in subdivision (b).

21(b)  Smoking a tobacco product shall not be permitted in a
22patient room unless all persons assigned to the room have requested
23a room where smoking is permitted. In the event that the health
24facility occupancy has reached capacity, the health facility shall
25have reasonable time to reassign patients to appropriate rooms.

26(c)  Clearly legible signs shall either:

27(1)  State that smoking is unlawful and be conspicuously posted
28by, or on behalf of, the owner or manager of the health facility, in
29all areas of a health facility where smoking is unlawful, or

30(2)  Identify “smoking permitted” areas, and be posted by, or
31on behalf of, the owner or manager of the health facility, only in
32areas of the health facility where smoking is lawfully permitted.

33If “smoking permitted” signs are posted, there shall also be
34conspicuously posted, near all major entrances, clearly legible
35signs stating that smoking is unlawful except in areas designated
36“smoking permitted.”

37(d)  No signs pertaining to smoking are required to be posted
38in patient rooms.

P19   1(e)  This section shall not apply to skilled nursing facilities,
2intermediate care facilities, and intermediate care facilities for the
3developmentally disabled.

4(f) For purposes of this section, “smoking” has the meaning of
5the definition in subdivision (c) of Section 22950.5 of the Business
6and Professions Code.

7(g) For purposes of this section, “tobacco product” means a
8product or device as defined in subdivision (d) of Section 22950.5
9of the Business and Professions Code.

10

begin deleteSEC. 10.end delete
11begin insertSEC. 14.end insert  

Section 1530.7 of the Health and Safety Code is
12amended to read:

13

1530.7.  

(a) Group homes, foster family agencies, small family
14homes, transitional housing placement providers, and crisis
15nurseries licensed pursuant to this chapter shall maintain a
16smoke-free environment in the facility.

17(b) A person who is licensed or certified pursuant to this chapter
18to provide residential care in a foster family home or certified
19family home shall not smoke a tobacco product or permit any other
20person to smoke a tobacco product inside the facility, and, when
21the child is present, on the outdoor grounds of the facility.

22(c) A person who is licensed or certified pursuant to this chapter
23to provide residential foster care shall not smoke a tobacco product
24in any motor vehicle that is regularly used to transport the child.

25(d) For purposes of this section, “smoke” has the meaning of
26the definition in subdivision (c) of Section 22950.5 of the Business
27and Professions Code.

28(e) For purposes of this section, “tobacco product” means a
29product or device as defined in subdivision (d) of Section 22950.5
30of the Business and Professions Code.

31

begin deleteSEC. 11.end delete
32begin insertSEC. 15.end insert  

Section 1596.795 of the Health and Safety Code is
33amended to read:

34

1596.795.  

(a) The smoking of a tobacco product in a private
35residence that is licensed as a family day care home shall be
36prohibited in the home and in those areas of the family day care
37home where children are present. Nothing in this section shall
38prohibit a city or county from enacting or enforcing an ordinance
39relating to smoking in a family day care home if the ordinance is
40more stringent than this section.

P20   1(b)  The smoking of a tobacco product on the premises of a
2licensed day care center shall be prohibited.

3(c) For purposes of this section, “smoking” has the meaning of
4the definition in subdivision (c) of Section 22950.5 of the Business
5and Professions Code.

6(d) For purposes of this section, “tobacco product” means a
7product or device as defined in subdivision (d) of Section 22950.5
8of the Business and Professions Code.

9

begin deleteSEC. 12.end delete
10begin insertSEC. 16.end insert  

Section 104495 of the Health and Safety Code is
11amended to read:

12

104495.  

(a)  For the purposes of this section, the following
13definitions shall govern:

14(1)  “Playground” means any park or recreational area
15specifically designed to be used by children that has play equipment
16installed, or any similar facility located on public or private school
17grounds, or on city, county, or state park grounds.

18(2)  “Tot lot sandbox area” means a designated play area within
19a public park for the use by children under five years of age. Where
20the area is not contained by a fence, the boundary of a tot lot
21sandbox area shall be defined by the edge of the resilient surface
22of safety material, such as concrete or wood, or any other material
23surrounding the tot lot sandbox area.

24(3)  “Public park” includes a park operated by a public agency.

25(4) “Smoke” and “smoking” have the meaning of the definition
26in subdivision (c) of Section 22950.5 of the Business and
27Professions Code.

28(5)  “Cigarette” means the same as defined in Section 104556.

29(6)  “Cigar” means the same as defined in Section 104550.

30(7) “Tobacco product” means a product or device as defined in
31subdivision (d) of Section 22950.5 of the Business and Professions
32Code.

33(b)  No person shall smoke a cigarette, cigar, or other tobacco
34product within 25 feet of any playground or tot lot sandbox area.

35(c)  No person shall dispose of cigarette butts, cigar butts, or
36any other tobacco-related waste within 25 feet of a playground or
37a tot lot sandbox area.

38(d)  No person shall intimidate, threaten any reprisal, or effect
39any reprisal, for the purpose of retaliating against another person
40who seeks to attain compliance with this section.

P21   1(e)  Any person who violates this section is guilty of an
2infraction and shall be punished by a fine of two hundred fifty
3dollars ($250) for each violation of this section. Punishment under
4this section shall not preclude punishment pursuant to Section
513002, Section 374.4 of the Penal Code, or any other provision of
6law proscribing the act of littering.

7(f)  The prohibitions contained in subdivisions (b), (c), and (d)
8shall not apply to private property.

9(g)  The prohibitions contained in subdivisions (b) and (c) shall
10not apply to a public sidewalk located within 25 feet of a
11playground or a tot lot sandbox area.

12(h)  This section shall not preempt the authority of any county,
13city, or city and county to regulate smoking around playgrounds
14or tot lot sandbox areas. Any county, city, or city and county may
15enforce any ordinance adopted prior to January 1, 2002, or may
16adopt and enforce new regulations that are more restrictive than
17this section, on and after January 1, 2002.

18

begin deleteSEC. 13.end delete
19begin insertSEC. 17.end insert  

Section 114332.3 of the Health and Safety Code is
20amended to read:

21

114332.3.  

(a) No potentially hazardous food or beverage stored
22or prepared in a private home may be offered for sale, sold, or
23given away from a nonprofit charitable temporary food facility.
24Potentially hazardous food shall be prepared in a food
25establishment or on the premises of a nonprofit charitable
26temporary food facility.

27(b) All food and beverages shall be protected at all times from
28unnecessary handling and shall be stored, displayed, and served
29so as to be protected from contamination.

30(c) Potentially hazardous food and beverages shall be maintained
31at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or
32above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times.

33(d) Ice used in beverages shall be protected from contamination
34and shall be maintained separate from ice used for refrigeration
35purposes.

36(e) All food and food containers shall be stored off the floor on
37shelving or pallets located within the facility.

38(f) Smoking a tobacco product is prohibited in nonprofit
39charitable temporary food facilities.

P22   1(g) (1) Except as provided in paragraph (2), live animals, birds,
2or fowl shall not be kept or allowed in nonprofit charitable
3temporary food facilities.

4(2) Paragraph (1) does not prohibit the presence, in any room
5where food is served to the public, guests, or patrons, of a guide
6dog, signal dog, or service dog, as defined by Section 54.1 of the
7Civil Code, accompanied by a totally or partially blind person,
8deaf person, person whose hearing is impaired, or handicapped
9person, or dogs accompanied by persons licensed to train guide
10dogs for the blind pursuant to Chapter 9.5 (commencing with
11Section 7200) of Division 3 of the Business and Professions Code.

12(3) Paragraph (1) does not apply to dogs under the control of
13uniformed law enforcement officers or of uniformed employees
14of private patrol operators and operators of a private patrol service
15who are licensed pursuant to Chapter 11.5 (commencing with
16Section 7580) of Division 3 of the Business and Professions Code,
17while these employees are acting within the course and scope of
18their employment as private patrol persons.

19(4) The persons and operators described in paragraphs (2) and
20(3) are liable for any damage done to the premises or facilities by
21the dog.

22(5) The dogs described in paragraphs (2) and (3) shall be
23excluded from food preparation and utensil wash areas. Aquariums
24and aviaries shall be allowed if enclosed so as not to create a public
25health problem.

26(h) All garbage shall be disposed of in a sanitary manner.

27(i) Employees preparing or handling food shall wear clean
28clothing and shall keep their hands clean at all times.

29(j) For purposes of this section, “smoking” has the meaning of
30the definition in subdivision (c) of Section 22950.5 of the Business
31and Professions Code.

32(k) For purposes of this section, “tobacco product” means a
33product or device as defined in subdivision (d) of Section 22950.5
34of the Business and Professions Code.

35

begin deleteSEC. 14.end delete
36begin insertSEC. 18.end insert  

Section 114371 of the Health and Safety Code is
37amended to read:

38

114371.  

Certified farmers’ markets shall meet all of the
39following requirements:

P23   1(a) All food shall be stored at least six inches off the floor or
2ground or under any other conditions that are approved. Tents,
3canopies, or other overhead coverings are not required for fresh
4whole produce sales displays or storage, except when specifically
5required pursuant to this chapter. Flavored nuts and dried fruits
6that are being sold on a bulk or nonprepackaged basis shall be
7displayed and dispensed by the producer from covered containers.
8All processed food products being sold shall be in compliance with
9Section 113735 and the applicable provisions of Section 110460,
10114365, or 114365.2.

11(b) Food preparation is prohibited at certified farmers’ markets
12with the exception of food samples. Trimming whole produce for
13sale shall not be considered food preparation. Distribution of food
14samples may occur provided that the following sanitary conditions
15exist:

16(1) Samples shall be kept in clean, nonabsorbent, and covered
17containers intended by the manufacturer for use with foods. Any
18cutting or distribution of samples shall only occur under a tent,
19canopy, or other overhead covering.

20(2) All food samples shall be distributed by the producer in a
21manner that is sanitary and in which each sample is distributed
22without the possibility of a consumer touching the remaining
23samples.

24(3) Clean, disposable plastic gloves shall be used when cutting
25food samples.

26(4) Fresh, whole produce intended for sampling shall be washed
27or cleaned in another manner of any soil or other material by
28potable water in order that it is wholesome and safe for
29consumption.

30(5) Notwithstanding Section 114205, available potable water
31may be required for handwashing and sanitizing; the need
32determined and manner approved by the enforcement agency.

33(6) Potentially hazardous food samples shall be maintained at
34or below 45 degrees Fahrenheit and shall be disposed of within
35two hours after cutting. A certified farmers’ market or an
36enforcement officer may cause immediate removal and disposal,
37or confiscate and destroy, any potentially hazardous food samples
38found not in compliance with this paragraph.

P24   1(7) Wastewater shall be disposed of in a facility connected to
2the public sewer system or in a manner approved by the
3enforcement agency.

4(8) Utensils and cutting surfaces shall be smooth, nonabsorbent,
5and easily cleanable, or single-use articles shall be utilized. If the
6producer uses only single-use articles or maintains an adequate
7supply of clean replacement articles readily available at the site at
8the time of use, warewashing facilities shall not be required.

9(c) Approved toilet and handwashing facilities shall be available
10within 200 feet travel distance of the premises of the certified
11farmers’ market or as approved by the enforcement officer.

12(d) No live animals, birds, or fowl shall be kept or allowed, and
13no individual shall bring a live animal, bird, or fowl, within 20
14feet of any area where food is stored or held for sale within a
15certified farmers’ market. This subdivision does not apply to guide
16dogs, signal dogs, or service dogs when used in accordance with
17the federal Americans with Disabilities Act of 1990 (42 U.S.C.
18Sec. 12101 et seq.), and as provided in Section 36.104 of Title 28
19of the Code of Federal Regulations. All guide dogs, signal dogs,
20and service dogs shall be used and properly identified in accordance
21with Section 54.1 and subdivision (b) of Section 54.2 of the Civil
22Code, and Sections 30850, 30851, and 30852 of the Food and
23Agricultural Code.

24(e) All garbage and refuse shall be stored and disposed of in a
25manner approved by the enforcement officer.

26(f) Smoking of cigarettes, cigars, pipe tobacco, and other tobacco
27products shall not be permitted within 25 feet of the common
28commerce area comprised of sales personnel and shopping
29customers of the certified farmers’ market.

30(g) Notwithstanding Chapter 10 (commencing with Section
31114294) vendors selling food adjacent to, and under the jurisdiction
32and management of, a certified farmers’ market may store, display,
33and sell from a table or display fixture apart from the mobile
34facility in a manner approved by the enforcement agency.

35(h) Temporary food facilities may be operated at a separate
36community event adjacent to, and in conjunction with, certified
37farmers’ markets. The organization in control of the community
38event at which these temporary food facilities operate shall comply
39with Section 114381.1.

P25   1(i) All harvested, cut, wrapped, or otherwise processed meat,
2poultry, and fish products shall be from approved sources as set
3forth in Section 113735, and shall be properly labeled or have
4documentation present at the point of sale that demonstrates
5compliance with this requirement. All harvested, cut, wrapped, or
6otherwise processed meat, poultry, and fish products offered for
7sale shall be transported, stored, displayed, and maintained at a
8temperature of 41 degrees Fahrenheit or colder. The temperature
9holding capabilities of the storage containers used shall be
10sufficient to maintain safe product temperatures. Storage containers
11 for meat, poultry, and fish products shall be insulated and have
12interior surfaces that are smooth, nonabsorbent, and easily
13cleanable. All meat, poultry, and fish products shall be stored in
14a manner that reduces the risk of cross-contamination.

15(j) For purposes of this section, “smoking” has the meaning of
16the definition in subdivision (c) of Section 22950.5 of the Business
17and Professions Code.

18(k) For purposes of this section, “tobacco product” means a
19product or device as defined in subdivision (d) of Section 22950.5
20of the Business and Professions Code.

21

begin deleteSEC. 15.end delete
22begin insertSEC. 19.end insert  

Section 118910 of the Health and Safety Code is
23amended to read:

24

118910.  

(a) The Legislature declares its intent not to preempt
25the field of regulation of the smoking of tobacco products. A local
26governing body may ban completely the smoking of tobacco
27 products, or may regulate smoking of tobacco products in any
28manner not inconsistent with this article and Article 3 (commencing
29with Section 118920) or any other provision of state law.

30(b) For purposes of this section, “smoking” has the meaning of
31the definition in subdivision (c) of Section 22950.5 of the Business
32and Professions Code.

33(c) For purposes of this section, “tobacco product” means a
34product or device as defined in subdivision (d) of Section 22950.5
35of the Business and Professions Code.

36

begin deleteSEC. 16.end delete
37begin insertSEC. 20.end insert  

Section 118925 of the Health and Safety Code is
38amended to read:

39

118925.  

(a) (1) It is unlawful for any person to smoke a
40tobacco product in any vehicle of a passenger stage corporation,
P26   1the National Railroad Passenger Corporation (Amtrak) except to
2the extent permitted by federal law, in any aircraft except to the
3extent permitted by federal law, on a public transportation system,
4as defined by Section 99211 of the Public Utilities Code, or in any
5vehicle of an entity receiving any transit assistance from the state.

6(2) (A) For purposes of this subdivision, “smoke” has the
7meaning of the definition in subdivision (c) of Section 22950.5 of
8the Business and Professions Code.

9(B) For purposes of this subdivision, “tobacco product” means
10a product or device as defined in subdivision (d) of Section 22950.5
11of the Business and Professions Code.

12(b) It is unlawful for any person to smoke any plant product
13other than a tobacco product in any vehicle of a passenger stage
14corporation, the National Railroad Passenger Corporation (Amtrak)
15except to the extent permitted by federal law, in any aircraft except
16to the extent permitted by federal law, on a public transportation
17system, as defined by Section 99211 of the Public Utilities Code,
18or in any vehicle of an entity receiving any transit assistance from
19the state.

20

begin deleteSEC. 17.end delete
21begin insertSEC. 21.end insert  

Section 118948 of the Health and Safety Code is
22amended to read:

23

118948.  

(a) It is unlawful for a person to smoke a tobacco
24product in a motor vehicle, whether in motion or at rest, in which
25there is a minor.

26(b) For purposes of this section, “smoke” has the meaning of
27the definition in subdivision (c) of Section 22950.5 of the Business
28and Professions Code.

29(c) For purposes of this section, “tobacco product” means a
30product or device as defined in subdivision (d) of Section 22950.5
31of the Business and Professions Code.

32(d)  A violation of this section is an infraction punishable by a
33fine not exceeding one hundred dollars ($100) for each violation.

34

begin deleteSEC. 18.end delete
35begin insertSEC. 22.end insert  

Section 119405 of the Health and Safety Code is
36repealed.

37

begin deleteSEC. 19.end delete
38begin insertSEC. 23.end insert  

Section 6404.5 of the Labor Code is amended to read:

39

6404.5.  

(a) The Legislature finds and declares that regulation
40of smoking in the workplace is a matter of statewide interest and
P27   1concern. It is the intent of the Legislature in enacting this section
2to prohibit the smoking of tobacco products in all (100 percent of)
3enclosed places of employment in this state, as covered by this
4section, thereby eliminating the need of local governments to enact
5workplace smoking restrictions within their respective jurisdictions.
6It is further the intent of the Legislature to create a uniform
7statewide standard to restrict and prohibit the smoking of tobacco
8products in enclosed places of employment, as specified in this
9section, in order to reduce employee exposure to environmental
10tobacco smoke to a level that will prevent anything other than
11insignificantly harmful effects to exposed employees, and also to
12eliminate the confusion and hardship that can result from enactment
13or enforcement of disparate local workplace smoking restrictions.
14Notwithstanding any other provision of this section, it is the intent
15of the Legislature that any area not defined as a “place of
16employment” pursuant to subdivision (d) or in which the smoking
17of tobacco products is not regulated pursuant to subdivision (e)
18shall be subject to local regulation of smoking of tobacco products.

19(b) No employer shall knowingly or intentionally permit, and
20no person shall engage in, the smoking of tobacco products in an
21enclosed space at a place of employment. “Enclosed space”
22includes lobbies, lounges, waiting areas, elevators, stairwells, and
23restrooms that are a structural part of the building and not
24specifically defined in subdivision (d).

25(c) For purposes of this section, an employer who permits any
26 nonemployee access to his or her place of employment on a regular
27basis has not acted knowingly or intentionally in violation of this
28section if he or she has taken the following reasonable steps to
29prevent smoking by a nonemployee:

30(1) Posted clear and prominent signs, as follows:

31(A) Where smoking is prohibited throughout the building or
32structure, a sign stating “No smoking” shall be posted at each
33entrance to the building or structure.

34(B) Where smoking is permitted in designated areas of the
35building or structure, a sign stating “Smoking is prohibited except
36in designated areas” shall be posted at each entrance to the building
37or structure.

38(2) Has requested, when appropriate, that a nonemployee who
39is smoking refrain from smoking in the enclosed workplace.

P28   1For purposes of this subdivision, “reasonable steps” does not
2include (A) the physical ejection of a nonemployee from the place
3of employment or (B) any requirement for making a request to a
4nonemployee to refrain from smoking, under circumstances
5involving a risk of physical harm to the employer or any employee.

6(d) For purposes of this section, “place of employment” does
7not include any of the following:

8(1) Sixty-five percent of the guestroom accommodations in a
9hotel, motel, or similar transient lodging establishment.

10(2) Areas of the lobby in a hotel, motel, or other similar transient
11lodging establishment designated for smoking by the establishment.
12An establishment may permit smoking in a designated lobby area
13that does not exceed 25 percent of the total floor area of the lobby
14or, if the total area of the lobby is 2,000 square feet or less, that
15does not exceed 50 percent of the total floor area of the lobby. For
16purposes of this paragraph, “lobby” means the common public
17area of an establishment in which registration and other similar or
18related transactions, or both, are conducted and in which the
19establishment’s guests and members of the public typically
20congregate.

21(3) Meeting and banquet rooms in a hotel, motel, other transient
22lodging establishment similar to a hotel or motel, restaurant, or
23public convention center, except while food or beverage functions
24are taking place, including setup, service, and cleanup activities,
25or when the room is being used for exhibit purposes. At times
26when smoking is not permitted in a meeting or banquet room
27pursuant to this paragraph, the establishment may permit smoking
28in corridors and prefunction areas adjacent to and serving the
29meeting or banquet room if no employee is stationed in that
30corridor or area on other than a passing basis.

31(4) Retail or wholesale tobacco shops and private smokers’
32lounges. For purposes of this paragraph:

33(A) “Private smokers’ lounge” means any enclosed area in or
34attached to a retail or wholesale tobacco shop that is dedicated to
35the use of tobacco products, including, but not limited to, cigars
36and pipes.

37(B) “Retail or wholesale tobacco shop” means any business
38establishment the main purpose of which is the sale of tobacco
39products, including, but not limited to, cigars, pipe tobacco, and
40smoking accessories.

P29   1(5) Cabs of motortrucks, as defined in Section 410 of the Vehicle
2Code, or truck tractors, as defined in Section 655 of the Vehicle
3Code, if no nonsmoking employees are present.

4(6) Warehouse facilities. For purposes of this paragraph,
5“warehouse facility” means a warehouse facility with more than
6100,000 square feet of total floorspace, and 20 or fewer full-time
7employees working at the facility, but does not include any area
8within a facility that is utilized as office space.

9(7) Gaming clubs, in which smoking is permitted by subdivision
10(f). For purposes of this paragraph, “gaming club” means any
11gaming club, as defined in Section 19802 of the Business and
12Professions Code, or bingo facility, as defined in Section 326.5 of
13the Penal Code, that restricts access to minors under 18 years of
14age.

15(8) Bars and taverns, in which smoking is permitted by
16subdivision (f). For purposes of this paragraph, “bar” or “tavern”
17means a facility primarily devoted to the serving of alcoholic
18beverages for consumption by guests on the premises, in which
19the serving of food is incidental. “Bar or tavern” includes those
20facilities located within a hotel, motel, or other similar transient
21occupancy establishment. However, when located within a building
22in conjunction with another use, including a restaurant, “bar” or
23“tavern” includes only those areas used primarily for the sale and
24service of alcoholic beverages. “Bar” or “tavern” does not include
25the dining areas of a restaurant, regardless of whether alcoholic
26beverages are served therein.

27(9) Theatrical production sites, if smoking is an integral part of
28the story in the theatrical production.

29(10) Medical research or treatment sites, if smoking is integral
30to the research and treatment being conducted.

31(11) Private residences, except for private residences licensed
32as family day care homes, where smoking is prohibited pursuant
33to Section 1596.795 of the Health and Safety Code.

34(12) Patient smoking areas in long-term health care facilities,
35as defined in Section 1418 of the Health and Safety Code.

36(13) Breakrooms designated by employers for smoking, provided
37that all of the following conditions are met:

38(A) Air from the smoking room shall be exhausted directly to
39the outside by an exhaust fan. Air from the smoking room shall
40not be recirculated to other parts of the building.

P30   1(B) The employer shall comply with any ventilation standard
2or other standard utilizing appropriate technology, including, but
3not limited to, mechanical, electronic, and biotechnical systems,
4adopted by the Occupational Safety and Health Standards Board
5or the federal Environmental Protection Agency. If both adopt
6inconsistent standards, the ventilation standards of the Occupational
7Safety and Health Standards Board shall be no less stringent than
8the standards adopted by the federal Environmental Protection
9Agency.

10(C) The smoking room shall be located in a nonwork area where
11no one, as part of his or her work responsibilities, is required to
12enter. For purposes of this subparagraph, “work responsibilities”
13does not include any custodial or maintenance work carried out in
14the breakroom when it is unoccupied.

15(D) There are sufficient nonsmoking breakrooms to
16accommodate nonsmokers.

17(14) Employers with a total of five or fewer employees, either
18full time or part time, may permit smoking where all of the
19following conditions are met:

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

21(B) All employees who enter the smoking area consent to permit
22smoking. No one, as part of his or her work responsibilities, shall
23be required to work in an area where smoking is permitted. An
24employer who is determined by the division to have used coercion
25to obtain consent or who has required an employee to work in the
26smoking area shall be subject to the penalty provisions of Section
276427.

28(C) Air from the smoking area shall be exhausted directly to
29the outside by an exhaust fan. Air from the smoking area shall not
30be recirculated to other parts of the building.

31(D) The employer shall comply with any ventilation standard
32or other standard utilizing appropriate technology, including, but
33not limited to, mechanical, electronic, and biotechnical systems,
34adopted by the Occupational Safety and Health Standards Board
35or the federal Environmental Protection Agency. If both adopt
36inconsistent standards, the ventilation standards of the Occupational
37Safety and Health Standards Board shall be no less stringent than
38the standards adopted by the federal Environmental Protection
39Agency.

P31   1This paragraph shall not be construed to (i) supersede or render
2inapplicable any condition or limitation on smoking areas made
3applicable to specific types of business establishments by any other
4paragraph of this subdivision or (ii) apply in lieu of any otherwise
5applicable paragraph of this subdivision that has become
6inoperative.

7(e) Paragraphs (13) and (14) of subdivision (d) shall not be
8construed to require employers to provide reasonable
9accommodation to smokers, or to provide breakrooms for smokers
10or nonsmokers.

11(f) (1) Except as otherwise provided in this subdivision,
12smoking may be permitted in gaming clubs, as defined in paragraph
13(7) of subdivision (d), and in bars and taverns, as defined in
14paragraph (8) of subdivision (d), until the earlier of the following:

15(A) January 1, 1998.

16(B) The date of adoption of a regulation (i) by the Occupational
17Safety and Health Standards Board reducing the permissible
18employee exposure level to environmental tobacco smoke to a
19level that will prevent anything other than insignificantly harmful
20effects to exposed employees or (ii) by the federal Environmental
21Protection Agency establishing a standard for reduction of
22permissible exposure to environmental tobacco smoke to an
23exposure level that will prevent anything other than insignificantly
24 harmful effects to exposed persons.

25(2) If a regulation specified in subparagraph (B) of paragraph
26(1) is adopted on or before January 1, 1998, smoking may thereafter
27be permitted in gaming clubs and in bars and taverns, subject to
28full compliance with, or conformity to, the standard in the
29regulation within two years following the date of adoption of the
30regulation. An employer failing to achieve compliance with, or
31conformity to, the regulation within this two-year period shall
32prohibit smoking in the gaming club, bar, or tavern until
33compliance or conformity is achieved. If the Occupational Safety
34and Health Standards Board and the federal Environmental
35Protection Agency both adopt regulations specified in subparagraph
36(B) of paragraph (1) that are inconsistent, the regulations of the
37Occupational Safety and Health Standards Board shall be no less
38stringent than the regulations of the federal Environmental
39Protection Agency.

P32   1(3) If a regulation specified in subparagraph (B) of paragraph
2(1) is not adopted on or before January 1, 1998, the exemptions
3specified in paragraphs (7) and (8) of subdivision (d) shall become
4inoperative on and after January 1, 1998, until a regulation is
5adopted. Upon adoption of such a regulation on or after January
61, 1998, smoking may thereafter be permitted in gaming clubs and
7in bars and taverns, subject to full compliance with, or conformity
8to, the standard in the regulation within two years following the
9date of adoption of the regulation. An employer failing to achieve
10compliance with, or conformity to, the regulation within this
11two-year period shall prohibit smoking in the gaming club, bar,
12or tavern until compliance or conformity is achieved. If the
13Occupational Safety and Health Standards Board and the federal
14Environmental Protection Agency both adopt regulations specified
15in subparagraph (B) of paragraph (1) that are inconsistent, the
16regulations of the Occupational Safety and Health Standards Board
17shall be no less stringent than the regulations of the federal
18Environmental Protection Agency.

19(4) From January 1, 1997, to December 31, 1997, inclusive,
20smoking may be permitted in gaming clubs, as defined in paragraph
21(7) of subdivision (d), and in bars and taverns, as defined in
22paragraph (8) of subdivision (d), subject to both of the following
23conditions:

24(A) If practicable, the gaming club or bar or tavern shall
25establish a designated nonsmoking area.

26(B) If feasible, no employee shall be required, in the
27performance of ordinary work responsibilities, to enter any area
28in which smoking is permitted.

29(g) The smoking prohibition set forth in this section shall
30 constitute a uniform statewide standard for regulating the smoking
31of tobacco products in enclosed places of employment and shall
32supersede and render unnecessary the local enactment or
33enforcement of local ordinances regulating the smoking of tobacco
34products in enclosed places of employment. Insofar as the smoking
35prohibition set forth in this section is applicable to all (100-percent)
36places of employment within this state and, therefore, provides
37the maximum degree of coverage, the practical effect of this section
38is to eliminate the need of local governments to enact enclosed
39workplace smoking restrictions within their respective jurisdictions.

P33   1(h) Nothing in this section shall prohibit an employer from
2prohibiting smoking of tobacco products in an enclosed place of
3employment for any reason.

4(i) The enactment of local regulation of smoking of tobacco
5products in enclosed places of employment by local governments
6shall be suspended only for as long as, and to the extent that, the
7(100-percent) smoking prohibition provided for in this section
8remains in effect. In the event this section is repealed or modified
9by subsequent legislative or judicial action so that the (100-percent)
10smoking prohibition is no longer applicable to all enclosed places
11of employment in California, local governments shall have the full
12right and authority to enforce previously enacted, and to enact and
13enforce new, restrictions on the smoking of tobacco products in
14enclosed places of employment within their jurisdictions, including
15a complete prohibition of smoking. Notwithstanding any other
16provision of this section, any area not defined as a “place of
17employment” or in which smoking is not regulated pursuant to
18subdivision (d) or (e), shall be subject to local regulation of
19smoking of tobacco products.

20(j) Any violation of the prohibition set forth in subdivision (b)
21is an infraction, punishable by a fine not to exceed one hundred
22dollars ($100) for a first violation, two hundred dollars ($200) for
23a second violation within one year, and five hundred dollars ($500)
24for a third and for each subsequent violation within one year. This
25subdivision shall be enforced by local law enforcement agencies,
26including, but not limited to, local health departments, as
27determined by the local governing body.

28(k) Notwithstanding Section 6309, the division shall not be
29required to respond to any complaint regarding the smoking of
30tobacco products in an enclosed space at a place of employment,
31unless the employer has been found guilty pursuant to subdivision
32(j) of a third violation of subdivision (b) within the previous year.

33(l) If any provision of this act or the application thereof to any
34person or circumstances is held invalid, that invalidity shall not
35affect other provisions or applications of the act that can be given
36effect without the invalid provision or application, and to this end
37the provisions of this act are severable.

38(m) For purposes of this section, “smoking” has the meaning
39of the definition in subdivision (c) of Section 22950.5 of the
40Business and Professions Code.

P34   1(n) For purposes of this section, “tobacco product” means a
2product or device as defined in subdivision (d) of Section 22950.5
3of the Business and Professions Code.

4

begin deleteSEC. 20.end delete
5begin insertSEC. 24.end insert  

Section 308 of the Penal Code is amended to read:

6

308.  

(a) (1) Every person, firm, or corporation that knowingly
7or under circumstances in which it has knowledge, or should
8otherwise have grounds for knowledge, sells, gives, or in any way
9furnishes to another person who is under 18 years of age any
10tobacco, cigarette, or cigarette papers, or blunts wraps, or any other
11preparation of tobacco, or any other instrument or paraphernalia
12that is designed for the smoking or ingestion of tobacco, tobacco
13products, or any controlled substance, is subject to either a criminal
14action for a misdemeanor or to a civil action brought by a city
15attorney, a county counsel, or a district attorney, punishable by a
16fine of two hundred dollars ($200) for the first offense, five
17hundred dollars ($500) for the second offense, and one thousand
18dollars ($1,000) for the third offense.

19Notwithstanding Section 1464 or any other law, 25 percent of
20each civil and criminal penalty collected pursuant to this
21subdivision shall be paid to the office of the city attorney, county
22counsel, or district attorney, whoever is responsible for bringing
23the successful action, and 25 percent of each civil and criminal
24penalty collected pursuant to this subdivision shall be paid to the
25city or county for the administration and cost of the community
26service work component provided in subdivision (b).

27Proof that a defendant, or his or her employee or agent,
28demanded, was shown, and reasonably relied upon evidence of
29majority shall be defense to any action brought pursuant to this
30subdivision. Evidence of majority of a person is a facsimile of or
31a reasonable likeness of a document issued by a federal, state,
32county, or municipal government, or subdivision or agency thereof,
33including, but not limited to, a motor vehicle operator’s license, a
34registration certificate issued under the federal Selective Service
35Act, or an identification card issued to a member of the Armed
36Forces.

37For purposes of this section, the person liable for selling or
38furnishing tobacco products to minors by a tobacco vending
39machine shall be the person authorizing the installation or
40placement of the tobacco vending machine upon premises he or
P35   1she manages or otherwise controls and under circumstances in
2which he or she has knowledge, or should otherwise have grounds
3for knowledge, that the tobacco vending machine will be utilized
4by minors.

5(2) For purposes of this section, “blunt wraps” means cigar
6papers or cigar wrappers of all types that are designed for smoking
7or ingestion of tobacco products and contain less than 50 percent
8tobacco.

9(b) Every person under 18 years of age who purchases, receives,
10or possesses any tobacco, cigarette, or cigarette papers, or any
11other preparation of tobacco, or any other instrument or
12paraphernalia that is designed for the smoking of tobacco, tobacco
13products, or any controlled substance shall, upon conviction, be
14punished by a fine of seventy-five dollars ($75) or 30 hours of
15community service work.

16(c) Every person, firm, or corporation that sells, or deals in
17tobacco or any preparation thereof, shall post conspicuously and
18keep so posted in his, her, or their place of business at each point
19of purchase the notice required pursuant to subdivision (b) of
20Section 22952 of the Business and Professions Code, and any
21person failing to do so shall, upon conviction, be punished by a
22fine of fifty dollars ($50) for the first offense, one hundred dollars
23($100) for the second offense, two hundred fifty dollars ($250) for
24the third offense, and five hundred dollars ($500) for the fourth
25offense and each subsequent violation of this provision, or by
26imprisonment in a county jail not exceeding 30 days.

27(d) For purposes of determining the liability of persons, firms,
28or corporations controlling franchises or business operations in
29multiple locations for the second and subsequent violations of this
30section, each individual franchise or business location shall be
31deemed a separate entity.

32(e) Notwithstanding subdivision (b), any person under 18 years
33of age who purchases, receives, or possesses any tobacco, cigarette,
34or cigarette papers, or any other preparation of tobacco, any other
35instrument or paraphernalia that is designed for the smoking of
36tobacco, or tobacco products is immune from prosecution for that
37purchase, receipt, or possession while participating in either of the
38following:

P36   1(1) An enforcement activity that complies with the guidelines
2adopted pursuant to subdivisions (c) and (d) of Section 22952 of
3the Business and Professions Code.

4(2) An activity conducted by the State Department of Public
5Health, a local health department, or a law enforcement agency
6for the purpose of determining or evaluating youth tobacco
7purchase rates.

8(f) It is the Legislature’s intent to regulate the subject matter of
9this section. As a result, a city, county, or city and county shall not
10adopt any ordinance or regulation inconsistent with this section.

11(g) For purposes of this section, “smoking” has the meaning of
12the definition in subdivision (c) of Section 22950.5 of the Business
13and Professions Code.

14(h) For purposes of this section, “tobacco product” means a
15product or device as defined in subdivision (d) of Section 22950.5
16of the Business and Professions Code.

17

begin deleteSEC. 21.end delete
18begin insertSEC. 25.end insert  

Section 561 of the Public Utilities Code is amended
19to read:

20

561.  

(a) Every railroad corporation, passenger stage
21corporation, passenger air carrier, and street railroad corporation
22providing departures originating in this state shall prohibit the
23smoking of a tobacco product in the passenger seating area of
24every passenger car, passenger stage, aircraft, or other vehicle.

25(b) Every such corporation and carrier shall display in the
26passenger seating area of every passenger car, passenger stage,
27aircraft, or other vehicle, notices sufficient in number, posted in
28such locations as to be readily seen by boarding passengers,
29advising passengers of the no smoking requirements pursuant to
30subdivision (a). Words on such notices which state “No Smoking”
31or an equivalent phrase shall be at least three-quarters of one inch
32high, and any other explanatory words on the notices shall be at
33least one-quarter of one inch high.

34(c) No person shall smoke a tobacco product in a space known
35by him or her to be designated for nonsmoking passengers. A
36violation of this subdivision is not a crime.

37(d) As used in this section, “passenger air carrier” shall have
38the same meaning as provided in Sections 2741 and 2743.

P37   1(e) For purposes of this section, “smoke” and “smoking” have
2the meaning of the definition in subdivision (c) of Section 22950.5
3of the Business and Professions Code.

4(f) For purposes of this section, “tobacco product” means a
5product or device as defined in subdivision (d) of Section 22950.5
6of the Business and Professions Code.

7

begin deleteSEC. 22.end delete
8begin insertSEC. 26.end insert  

Section 99580 of the Public Utilities Code is amended
9to read:

10

99580.  

(a) Pursuant to subdivision (e) of Section 640 of the
11Penal Code, a public transportation agency may enact and enforce
12an ordinance to impose and enforce an administrative penalty for
13any of the acts described in subdivision (b). The ordinance shall
14include the provisions of this chapter and shall not apply to minors.

15(b) (1) Evasion of the payment of a fare of the system.

16(2) Misuse of a transfer, pass, ticket, or token with the intent to
17evade the payment of a fare.

18(3) Playing sound equipment on or in a system facility or
19vehicle.

20(4) Smoking a tobacco product, eating, or drinking in or on a
21system facility or vehicle in those areas where those activities are
22prohibited by that system.

23(5) Expectorating upon a system facility or vehicle.

24(6) Willfully disturbing others on or in a system facility or
25vehicle by engaging in boisterous or unruly behavior.

26(7) Carrying an explosive or acid, flammable liquid, or toxic or
27hazardous material in a system facility or vehicle.

28(8) Urinating or defecating in a system facility or vehicle, except
29in a lavatory. However, this paragraph shall not apply to a person
30who cannot comply with this paragraph as a result of a disability,
31age, or a medical condition.

32(9) (A) Willfully blocking the free movement of another person
33in a system facility or vehicle.

34(B) This paragraph shall not be interpreted to affect any lawful
35activities permitted or first amendment rights protected under the
36laws of this state or applicable federal law, including, but not
37limited to, laws related to collective bargaining, labor relations,
38or labor disputes.

39(10) Skateboarding, roller skating, bicycle riding, or roller
40blading in a system facility, including a parking structure, or in a
P38   1system vehicle. This paragraph does not apply to an activity that
2is necessary for utilization of a system facility by a bicyclist,
3 including, but not limited to, an activity that is necessary for
4parking a bicycle or transporting a bicycle aboard a system vehicle,
5if that activity is conducted with the permission of the agency of
6the system in a manner that does not interfere with the safety of
7the bicyclist or other patrons of the system facility.

8(11) (A) Unauthorized use of a discount ticket or failure to
9present, upon request from a system representative, acceptable
10proof of eligibility to use a discount ticket, in accordance with
11Section 99155, and posted system identification policies when
12entering or exiting a system station or vehicle. Acceptable proof
13of eligibility must be clearly defined in the posting.

14(B) In the event that an eligible discount ticket user is not in
15possession of acceptable proof at the time of request, an issued
16notice of fare evasion or passenger conduct violation shall be held
17for a period of 72 hours to allow the user to produce acceptable
18proof. If the proof is provided, that notice shall be voided. If the
19proof is not produced within that time period, that notice shall be
20processed.

21(12) Sale or peddling of any goods, merchandise, property, or
22services of any kind whatsoever on the facilities, vehicles, or
23property of the public transportation system without the express
24written consent of the public transportation system or its duly
25authorized representatives.

26(c) (1) The public transportation agency may contract with a
27private vendor or governmental agency for the processing of notices
28of fare evasion or passenger conduct violation, and notices of
29delinquent fare evasion or passenger conduct violation pursuant
30to Section 99581.

31(2) For the purpose of this chapter, “processing agency” means
32either of the following:

33(A) The agency issuing the notice of fare evasion or passenger
34conduct violation and the notice of delinquent fare evasion or
35passenger conduct violation.

36(B) The party responsible for processing the notice of fare
37evasion or passenger conduct violation and the notice of delinquent
38violation, if a contract is entered into pursuant to paragraph (1).

39(3) For the purpose of this chapter, “fare evasion or passenger
40conduct violation penalty” includes, but is not limited to, a late
P39   1payment penalty, administrative fee, fine, assessment, and costs
2of collection as provided for in the ordinance.

3(4) For the purpose of this chapter, “public transportation
4agency” shall mean a public agency that provides public
5transportation as defined in paragraph (1) of subdivision (f) of
6Section 1 of Article XIX A of the California Constitution.

7(5) All fare evasion and passenger conduct violation penalties
8collected pursuant to this chapter shall be deposited in the general
9fund of the county in which the citation is administered.

10(d) (1) If a fare evasion or passenger conduct violation is
11observed by a person authorized to enforce the ordinance, a notice
12of fare evasion or passenger conduct violation shall be issued. The
13notice shall set forth the violation, including reference to the
14ordinance setting forth the administrative penalty, the date of the
15violation, the approximate time, and the location where the
16violation occurred. The notice shall include a printed statement
17indicating the date payment is required to be made, and the
18procedure for contesting the notice. The notice shall be served by
19personal service upon the violator. The notice, or copy of the
20notice, shall be considered a record kept in the ordinary course of
21business of the issuing agency and the processing agency, and
22shall be prima facie evidence of the facts contained in the notice
23establishing a rebuttable presumption affecting the burden of
24producing evidence.

25(2) When a notice of fare evasion or passenger conduct violation
26has been served, the person issuing the notice shall file the notice
27with the processing agency.

28(3) If, after a notice of fare evasion or passenger conduct
29violation is issued pursuant to this section, the issuing officer
30determines that there is incorrect data on the notice, including, but
31not limited to, the date or time, the issuing officer may indicate in
32writing on a form attached to the original notice the necessary
33correction to allow for the timely entry of the corrected notice on
34the processing agency’s data system. A copy of the correction shall
35be mailed to the address provided by the person cited at the time
36the original notice of fare evasion or passenger conduct violation
37was served.

38(4) If a person contests a notice of fare evasion or passenger
39conduct violation, the issuing agency shall proceed in accordance
40with Section 99581.

P40   1(e) In setting the amounts of administrative penalties for the
2violations listed in subdivision (b), the public transportation agency
3shall not establish penalty amounts that exceed the maximum fine
4amount set forth in Section 640 of the Penal Code.

5(f) A person who receives a notice of fare evasion or passenger
6conduct violation pursuant to this section shall not be subject to
7citation for a violation of Section 640 of the Penal Code.

8(g) If an entity enacts an ordinance pursuant to this section it
9shall, both two years and five years after enactment of the
10ordinance, report all of the following information to the Senate
11 Committee on Transportation and Housing and the Assembly
12Committee on Transportation:

13(1) A description of the ordinance, including the circumstances
14under which an alleged violator is afforded the opportunity to
15complete the administrative process.

16(2) The amount of the administrative penalties.

17(3) The number and types of citations administered pursuant to
18the ordinance.

19(4) To the extent available, a comparison of the number and
20types of citations administered pursuant to the ordinance with the
21number and types of citations issued for similar offenses and
22administered through the courts both in the two years prior to the
23ordinance and, if any, since enactment of the ordinance.

24(5) A discussion of the effect of the ordinance on passenger
25behavior.

26(6) A discussion of the effect of the ordinance on revenues to
27the entity described in subdivision (a) and, in consultation with
28the superior courts, the cost savings to the county courts. The
29superior courts are encouraged to collaborate on and provide data
30for this report.

31(h) For purposes of this section, “smoking” has the meaning of
32the definition in subdivision (c) of Section 22950.5 of the Business
33and Professions Code.

34(i) For purposes of this section, “tobacco product” means a
35product or device as defined in subdivision (d) of Section 22950.5
36 of the Business and Professions Code.

37

begin deleteSEC. 23.end delete
38begin insertSEC. 27.end insert  

Section 12523 of the Vehicle Code is amended to
39read:

P41   1

12523.  

(a) No person shall operate a youth bus without having
2in possession a valid driver’s license of the appropriate class,
3endorsed for passenger transportation and a certificate issued by
4the department to permit the operation of a youth bus.

5(b) Applicants for a certificate to drive a youth bus shall present
6evidence that they have successfully completed a driver training
7course administered by or at the direction of their employer
8consisting of a minimum of 10 hours of classroom instruction
9covering applicable laws and regulations and defensive driving
10practices and a minimum of 10 hours of behind-the-wheel training
11in a vehicle to be used as a youth bus. Applicants seeking to renew
12a certificate to drive a youth bus shall present evidence that they
13have received two hours of refresher training during each 12
14months of driver certificate validity.

15(c) The driver certificate shall be issued only to applicants
16qualified by examinations prescribed by the Department of Motor
17Vehicles and the Department of the California Highway Patrol,
18and upon payment of a fee of twenty-five dollars ($25) for an
19original certificate and twelve dollars ($12) for the renewal of that
20certificate to the Department of the California Highway Patrol.
21The examinations shall be conducted by the Department of the
22California Highway Patrol. The Department of Motor Vehicles
23may deny, suspend, or revoke a certificate valid for driving a youth
24bus for the causes specified in this code or in regulations adopted
25pursuant to this code.

26(d) An operator of a youth bus shall, at all times when operating
27a youth bus, do all of the following:

28(1) Use seat belts.

29(2) Refrain from smoking tobacco products.

30(3) Report any accidents reportable under Section 16000 to the
31Department of the California Highway Patrol.

32(e) A person holding a valid certificate to permit the operation
33of a youth bus, issued prior to January 1, 1991, shall not be required
34to reapply for a certificate to satisfy any additional requirements
35imposed by the act adding this subdivision until the certificate he
36or she holds expires or is canceled or revoked.

37(f) For purposes of this section, “smoking” has the meaning of
38the definition in subdivision (c) of Section 22950.5 of the Business
39and Professions Code.

P42   1(g) For purposes of this section, “tobacco product” means a
2product or device as defined in subdivision (d) of Section 22950.5
3of the Business and Professions Code.

4

begin deleteSEC. 24.end delete
5begin insertSEC. 28.end insert  

This act does not affect any laws or regulations
6regarding medical cannabis.

7

begin deleteSEC. 25.end delete
8begin insertSEC. 29.end insert  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.



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