Senate BillNo. 977


Introduced by Senator Pan

February 10, 2016


An act to add Article 1.6 (commencing with Section 118917) to Chapter 4 of Part 15 of Division 104 of the Health and Safety Code, relating to tobacco.

LEGISLATIVE COUNSEL’S DIGEST

SB 977, as introduced, Pan. Tobacco: youth sports events.

Existing law generally prohibits the smoking of tobacco in the workplace and in public buildings, except in specified areas.

This bill would prohibit the use of a tobacco product, as defined, within 250 feet of a youth sports event, as defined. The bill would make a violation of this provision a crime punishable by a $100 fine. By establishing a new crime, this bill would create 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:

P1    1

SECTION 1.  

Article 1.6 (commencing with Section 118917)
2is added to Chapter 4 of Part 15 of Division 104 of the Health and
3Safety Code
, to read:

 

P2    1Article 1.6.  Tobacco Products at Youth Sports Events
2

 

3

118917.  

(a) A person shall not use a tobacco product within
4250 feet of a youth sports event.

5(b) A person who violates this section is guilty of an infraction,
6punishable by a fine of not more than one hundred dollars ($100).

7(c) For purposes of this section, youth sports event means any
8practice, game, or other related activity organized by a nonprofit
9youth sports organization where athletes up to 18 years of age are
10present.

11(d) For purposes of this section, tobacco product means any of
12the following:

13(1) A product containing, made, or derived from tobacco or
14nicotine that is intended for human consumption, whether smoked,
15heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
16ingested by any other means, including, but not limited to,
17cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or
18snuff.

19(2) An electronic device that delivers nicotine or other vaporized
20liquids to the person inhaling from the device, including, but not
21limited to, an electronic cigarette, cigar, pipe, or hookah.

22(3) Any component, part, or accessory of a product described
23in paragraph (1) or (2), whether or not sold separately.

24

SEC. 2.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



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