HomeMy WebLinkAboutMINUTES - 06151993 - 1.37 3 7
TO: BOARD OF SUPERVISORS SE.L Contra
E
�.•�— ,.
FROM: Phil Batchelor, County Administrator •
,3 Costa
June 9, 1993 County
>:� �_
DATE:
SUBJECT: LEGISLATION: AB 996 (Tucker)
SPECIFIC REQUEST(S)OR RECOMMENDATION(%&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION TO AB 996 by Assemblyman Curtis
Tucker, Jr. , which would preempt local regulation of smoking in
public places and which would impose less stringent statewide
regulations than currently exist in Contra Costa County and many of
its cities .
BACKGROUND:
On June 8, 1993, the Board was urged by a citizen to oppose AB 996
by Assemblyman Curtis Tucker, Jr. and support AB 13 by Assemblyman
Terry Friedman. On March 2, 1993, on the recommendation of the
Board' s Health Services Director, the Board of Supervisors voted to
support AB 13 . A copy of ,that Board Order is attached for the
Board' s information.
AB 996, as amended May 4, 1993, does all of the following:
1 . Repeals the ,California Indoor Clean Air Act of 1976 , which
regulates smoking in public places and allows a local
;governing body to ban the smoking of tobacco completely or to
regulate smoking in any manner not inconsistent with the act.
2 . Prohibits smoking in any "public place" on and after January
1, 1994, but defines "public place" to exclude a workplace,
restaurant orr bar.
3 . Permits smoking in up to 25% of the concourse and seating
areas of indoor arenas, the concourse area of any bowling
alley and the public areas of office buildings, hotels,
motels, and shopping malls. J
CONTINUED ON ATTACHMENT: YES SIGNATURE: Z/�
'�j �i c
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _ OTHER
SIGNATURES):
ACTION OF BOARD ON—jure—15, 1913 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
Contact: PHIL BATC LOR.CLERK OF THE BOARD OF
cc: See Page 4 . SUPERVIS RS AND COUNTY ADMINISTRATOR
BY DEPUTY
-2-
4 . Permits smoking in the following:
* Private residences when they are not being used as a
child day care facility or health facility.
* Hotel and motel rooms rented to guests, unless the room
is designated as a nonsmoking room.
* Establishments devoted primarily to the retail sale of
tobacco products .
* Hotel and motel conference and meeting rooms, and public
and private assembly rooms, while these places are being
used for private functions .
* Gaming clubs, facilities used to conduct bingo games,
private boxes in indoor sports arenas, and indoor areas
of facilities used for animal or automotive contests or
exhibitions, when these events are being held.
5 . Permits the owner of any public place to prohibit smoking
entirely on any premises under his or her control .
6 . Prohibits smoking in any restaurant on or after January 1,
1994, but then exempts all of the following from this
prohibition:
* Any restaurant having a seating capacity of 50 or fewer.
* Until July 1, 1994, any restaurant in which smoking is
confined to a single contiguous area not exceeding 30% of
the service area.
* After July 1, 1994, any restaurant where smoking is
confined to a single contiguous area not exceeding 30% of
the service area and where ventilation is provided
according to defined standards .
* Rooms in restaurants being used for private functions .
7 . Requires any restaurant which permits smoking to post a sign
at each point of public entrance stating that smoking is
allowed in the restaurant.
8 . Permits the owner of any restaurant to prohibit smoking
entirely on any premises under his or her control .
9 . Prohibits smoking in any workplace on and after January 1,
1994, defined as "any enclosed indoor area in which one or
more individuals are employed on a full-time basis and to
which the general public does not have access, except by
specific invitation" , but then proceeds to exempt all of the
following from this prohibition:
* Any workplace in which 15 or fewer people are employed on
a full-time basis.
* All workplaces until July 1, 1994 .
* After July 1, 1994, any private office, conference room
or lecture room if ventilated according to specified
standards .
* Any employee cafeteria where smoking is confined to a
single area not exceeding 25% of the seating capacity and
ventilation is provided according. to specified standards .
* Designated smoking lounges where ventilation is provided
meeting specified standards.
* In a company vehicle with the consent of all those
present in the vehicle.
* All industrial facilities, defined as "any factory,
warehouse, or distribution facility" .
-3-
10 . Where an employer elects to provide ventilation, the employer
is required to keep on the premises a current written
certification, provided by the contractor who maintains the
ventilation system, that the system is operated at a specified
rate.
11 . Permits the owner of any workplace to prohibit smoking
entirely on any premises under his or her control .
12 . Prohibits smoking in any bus, AMTRAK train or airplane, except
as permitted by federal law.
13 . Prohibits smoking on a public transportation system, as
defined, or in any vehicle of an entity receiving any transit
assistance from the state.
14 . Requires that a notice prohibiting smoking be displayed in
each vehicle subject to the above prohibitions in items 12 and
13 .
15 . Requires posting in transportation waiting rooms of areas
where smoking is permitted and prohibited. Permits no more
than 25% of any given area shall be set aside for smokers .
16 . Requires posting in transportation areas where tickets are
sold that smoking by persons waiting in line is prohibited.
17 . Declares that it is unlawful for any person to smoke in an
area in transportation facilities or vehicles posted no
smoking.
18 . Requires posting of signs designating smoking and no smoking
areas pursuant to the provisions of this bill .
19 . Requires the' use of physical barriers and ventilation systems
"to the extent practicable" to minimize the drifting of smoke
from smoking to nonsmoking areas .
20. Provides that nothing in the bill affects the rights of
employees under any collective bargaining agreement.
21 . Prohibits the sale of tobacco products by vending machines,
with the following exceptions :
* In an area of a factory, business, office or other place
that is not open to the general public.
* On public premises to which persons under the age of 21
are denied access, pursuant to specified law.
* On other premises to which persons under the age of 18
are not permitted access.
* In any place where the operation of the machine can be
activated only by an electronic switch operated by the
licensee, or an employee of the licensee, prior to each
purchase.
22 . Prohibits billboards advertising tobacco products within 500
feet of schools, but permits advertisements at street level
which are attached to businesses which sell tobacco products .
23 . Provides for infraction penalties for violations of any of the
prohibitions in the bill .
24 . Defines this legislation as the exclusive definition of legal
duties by persons and the exclusive legal rights of all other
persons . Prohibits a claim from being asserted and any action
from being . brought against any person for smoking or
permitting smoking in accordance with the provisions of the
bill .
-4-
25 . Provides that an owner of property who provides ventilation in
accordance with defined standards shall be presumed to have
satisfied any applicable legal duty with respect to indoor air
quality, except as provided relating to federal law.
26 . Provides for fines for providing tobacco to individuals under
the age of 18 .
27 . Preempts any local regulation of or effort to prohibit the
sale, distribution, advertising, sampling, promotion, or
display of tobacco products, smoking in public places,
restaurants, bars or workplaces, or take any action with
respect to an employee or prospective employee because of the
use or nonuse of tobacco, except for ordinances that were in
effect on April 1, 1993 .
On June 8, 1993, the Board of Supervisors strongly indicated its
interest in opposing AB 996 and reinforcing its support of AB 13
and we would, therefore, so recommend.
On June 3, 1993, AB 996 passed the Assembly by a vote of 42 : 34 .
Assemblymen Bates, Campbell and Rainey all voted "no" .
On June 1, 1993, AB 13 was refused passage in the Assembly by a
vote of 34 : 31 . Assemblymen Bates and Campbell voted "aye" .
Assemblyman Rainey voted "no" . Note that 15 members of the
Assembly did not vote on AB 13. AB 13 was reconsidered by the
Assembly on June 7, 1993 and was passed by a vote of 43 :24 . Again,
13 members of the Assembly did not vote on the bill . Attached are
the floor votes on June 1 that refused passage of AB 13 and June 3
that passed AB 996 . The floor vote of June 7 that passed AB 13
will be provided as soon as it is available.
cc: County Administrator
Health Services Director
Director of Public Health
County Counsel
Assemblyman Curtis Tucker
Assemblyman Terry Friedman
Assemblyman Robert Campbell
Assemblyman Tom Bates
Assemblyman Richard Rainey
Senator Daniel Boatwright
Senator Nicholas Petris
Les Spahnn; Heim, Noack and Spahnn
To: BOARD OF SUPERVISORS 2 4
FROM. Mark Finucane dw'-/`�� `rte�`^ ' ra
February 11, 1993 `✓W�
DATE: `Jam"" "J
SUBJECT: AB 13
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) ✓} BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
1 . Endorse AB 13 by Assemblymember Terry Freedman which prohibits
smoking in any enclosed space at a place of employment.
2. Direct the Health Services Department to monitor the bill for any
preemption clauses which would restrict local efforts to pass
effective anti-smbking legislation.
3. Direct the County Lobbyist and Health Services Department to support
the passage of ABi13 unless it is amended to include a restrictive
preemption clause;, in which case the County Lobbyist and Health
Services Department staff should actively oppose the measure.
i
BACKGROUND TO RECOMMENDATION:
i
The Contra Costa County Board of Supervisors and Contra Costa cities have
been leaders in promoting and passing local legislation restricting
smoking in the workplace and in public places . Contra Costa County's
current ordinance prohibits smoking indoors in the workplace, and this
provision has been adopted by every city in Contra Costa County which has
so far considered the Contra Costa Model Ordinance. As a result of the
local efforts in Contra Costa County and in other cities throughout
California, AB 13 has been introduced to make a ban on smoking in the
workplace statewide.
The introduction_ of AB 13 is a concrete result of local government
leadership on the smoking issue. Passage of AB 13 in California would
set an -example for other states across the nation, and encourage local
governments to pursue ;stronger bans on smoking in restaurants and other
public places .
The bill as written only preempts local governments from enacting
legislation to restrict smoking in the workplace, and such local
legislation would obviously not be necessary in the presence of a
comprehensive state law. There is concern among public health
professionals, however, that the Tobacco Lobby will attempt to insert
stronger preemption language in this bill in order to stifle local
efforts to enact meaningful anti-smoking ordinances . We should oppose
any significant preemption amendments, and if they are included in the
final bill we should oppose its passage. /
CONTINUED ON ATTACHMENT: X YES SIGNATURE' 0(2_ 1_-2
/
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA ON F BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ONMAR -2 1923 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
y UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF. THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Wendel Brunner, I.D. , 313-6712 MAR 2 1993
CC: Health Services Administration ATTESTED
Public Health Division PHIL BATCHELOR. CLERK OF THE BOARD OF
County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382/7-83
FINANCIAL IMPACT:
Eliminating smoking in the workplace will reduce exposure to a Class A
occupational carcinogen, thereby reducing employers ' Worker's Comp
liability exposure. '- In addition a workplace smoking ban has been
demonstrated to encourage employees to reduce or quit smoking, thereby
saving millions of dollars in health care costs .
MF:WB:ah
Item 1 . 37
OFFICE OF THE COUNTY ADMINISTRATOR
C 0 N T R A C 0 S T A C 0 U N T Y
Administration Building
651 Pine Street, 11th Floor
Martinez, California 94553
DATE: June 15, 1993
TO: Supervisor Tom Torlakson
Supervisor Tom Powers
Supervisor Jeff Smith
Supervisor Gayle Bishop
Supervisor Sunne Wri, t McPeak
FROM: Claude L. Van Marte WIS
istant County Administrator
SUBJECT: FOLLOW-UP INFORMATION ON ASSEMBLY FLOOR VOTE APPROVING AB
13 TO PROHIBIT SMOKING IN THE WORKPLACE
In the Board Order on the agenda today regarding AB 996, we noted
that AB 13 had been refused passage on the Assembly Floor on June
1 and was then reconsidered and passed on June 7, 1993. At the
time the Board Order on AB 996 was written, we did not have the
floor vote on passage of AB 13, but promised that we would provide
it to the Board members as soon as it was available. It is
attached. Note that on the first vote June 1, AB 13 was refused
passage by a vote of 34 : 31, with 14 members not voting and one
vacancy. On June 7, AB 13 was passed by a vote of 47 :25, with 7
members not voting and one vacancy.
On both the June 1 and June 7 votes, Assemblyman Bates and Campbell
voted "aye" on AB 13 . On both votes, Assemblyman Rainey voted "no"
on AB 13 .
The following accounts for the change in voting between June 1 and
June 7 :
Did not vote on June 1, voted "no" on June 7 :
Ferguson
Voted "no" on June 1, did not vote on June 7 :
Johnson, Pringle and Statham
0
Voted "no" on June 1, voted "aye" on June 7 :
Allen, Cannella, Hauser and Horcher
Did not vote on June 1, voted "aye" on June 7 :
Baca, Cortese, Costa, Farr, Honeycutt, Katz, Moore, Nolan, Snyder
This accounts for the loss of six "no" votes between June 1 and
June 7 and the gain of 13 "aye" votes between June 1 and June 7 .
CLVM:amb
van6-71-93
Attachment
cc: Mark Finucane, Health Services Director
Wendel Brunner, M.D. , Public Health Director
Victor J. Westman, County Counsel
2368 ASSEMBLY JOURNAL June 7, 1993 j June 7, 1993
REASSEMBLED Bill passed b
At 3:26 p.m., the Assembly reconvened.
Hon. Jack O'Connell, Speaker pro Tempore of.the Assembly, Aguiar
presiding. ""Wen
A
I Alpert
CONSIDERATION OF DAILY FILE (RESUMED) Andal
THIRD READING OF ASSEMBLY BILLS (RESUMED) Archie-Hudson
ASSEMBLY BILL NO. 13 (Terry Friedman) .An act to add Section 6404.5 to the Areias
Labor Code,relating to occupational safety and health. Baca
Bates
Bill read third time,and passed by the following vote: Boland
AYES--47 Bornstein
Bowen
Allen Caldera Hannigan Moore Bowler
Alpert Campbell Hauser Napolitano Brown,Valerie
Andal Cannella Honeycutt Nolan Brulte
Archie-Hudson Cortese Horcher O'Connell Bustamante
Areias Costa Isenberg Peace Campbell
Baca Eastin Karnette Sher
Bates Escutia Katz Snyder
Bornstein Fari Klebs Solis
Lee Speier Friedman,Terry
Bowen Frazee
Bronshvag Friedman,Barbara Margolin Urnberg Bill ordered
Brown,Valerie Friedman,Terry Martinez Vasco.nceflos
Burton Got6h McDonald ASSEMBLY BIJ
of,and to repeal ai
NOES-25 contracts.
Aguiar Goldsmith Morrow Takasugi Bill read thi,,
Boland Harvey Mountjoy Tucker
Bowler Haynes Murray Weggeland
Brulte Hoge Quackenbush Mr. Speaker Aguiar
Bustamante Jones Rainey Allen
Conroy Knight Richter Alpert
Ferguson Knowles Seastrand Archie-Hudson
Bill ordered transmitted to the Senate. BacAreias
Baca
ASSEMBLY BELL NO. 1370 (Ferguson)—An act to add Section 1812.5095 to the . Bates
Civil Code,and to amend Sections 629,682,684,.and.13009 of,and to add Sections 628 Boland
and 13005.7 to, the. Unemployment Insurance Code, relating to unemployment Bornstein
Bowen
insurance.
Bowler
Bill read third time. Bronshvag
Point of Personal Privilege Brown,ValerieBrulte
Assembly Member Speier arose to a point of personal.privilege: Burton
Bustamante
7he question being on the passage of the bill. Caldera
Campbell
Andal
Harvey
Bill.ordered
2202 ASSEMBLY JOURNAL June 1, 1993 June
Assembly Bill No. 996 ordered to the unfinished business file.
CALL OF THE ASSEMBLY DISPENSED WITH ON At
ASSEMBLY BILL NO. 13 in th(
At 5 p.m.,on motion of Assembly.Member Terry Friedman, and in the A
the absence,of any objection, further proceedings under the call of As,,;
the Assembly were dispensed with.
Assembly Bill No. 13 refused passage by the following vote:
Alpert
AYES--,U Archie
Alpert Burton Hannigan O'Connell Areias
J� Andal Caldera Isenberg Peace Baca
Archie-Hudson Campbell Karnette Sher Bates
Areias Eastin Klehs Solis Bornst
Bates Escutia Lee Speier Bowen
Bornstein Frazee Margolin Umberg Bronsf.
Bowen Friedman, Barbara Martinez Vasconcellos Brown
Bronshvag Friedman,Terry McDonald Burton
Brown,Valerie Gotch Napolitano
NOES-31 A iar
AHuiar Goldsmith Knight Richter Zen
Allen Harvey Knowles Seastrand Andal
Boland Hauser Morrow Statham Bolanc
Bowler Haynes Mountjoy Takasugi Bowlei
Brulte Hoge Murray Tucker Brulte
Bustamante Horcher Pringle Weggeland Conro,
Cannella Johnson Quackenbush Mr. Speaker Costa
Conroy Jones Rainey Frazee
Motion to Reconsider Assembly Bill No. 13
on Next Legislative Day
Assembly Member Terry Friedman moved to reconsider on Ass
Thursday, June 3, 1993 the vote whereby Assembly Bill No. 13 was Thur.,
this day refused passage. I this d
Assembly Bill No. 13 ordered to the unfinished business file. Ass
Th(
By
Res
Comi
consi(
By
Res
Comi
F. and V
902 fc
htl
By
Res
lj coml
consii
June 3, 1993 June 3, 1993 ASSEMBLY JOURNAL 2265
Presiding CALL OF THE ASSEMBLY DISPENSED WITH ON
ASSEMBLY BILL NO.996
nt of personal At 9.36 a.m., further proceedings under the call of the Assembly
were dispensed with.
Assembly Bill No. 996 passed by the following vote:
AYES-42
got well-taken. Age iar Cortese Johnson Polanco
t Allen Costa Jones Quackenbush
e Assembly on Alpert Epple Knight Richter
Y Archie-Hudson Ferguson Knowles Snyyder
AreiasFrazee Lee Taltasugi
Baca Goldsmith . McDonald Tucker
Boland, Hauser Moore Weggeland
Bowler' Haynes Murray Woodruff
Brulte Hoge Nolan Mr.Speaker
ckenbush Cannella Honeycutt O'Connell
Conroy Horcher Peace
ley
,ter NOES--U.
trand
ler Bates Eastin Karnette Seastrand•
iam Bornstein Escutia Klehs Sher
L.sugi Bowen Farr Margolin Solis
cer Bronshvag Friedman,Barbara Martinez . Speier
geland Brown;Valerie Friedman,Terry Morrow Statham
Speaker Burton Gotch Mountjoy Umberg
Bustamante Hannigan Napolitano Vasconcellos
Caldera. Harvey Pringle
Campbell.. Isenberg Rainey
Vote Changes
>litano By unanimous consent,the following vote change was permitted on Assembly Bill
No.996:Assembly Member Mountjoy,from"Aye"to"No".
?r Bill ordered transmitted to the Senate.
erg
xncellos
:i
AMENDED IN ASSEMBLY MAY 4, 1993
J.
AMENDED IN ASSEMBLY APRIL 22, 1993
AMENDED IN ASSEMBLY APRIL 19, 1993
I AMENDED IN ASSEMBLY APRIL 14, 1993
'CALIFORNIA LEGISLATURE-1993-84 REGULAR SESSION
;j
�j J) ASSEMBLY BILL No. 996
Introduced by Assembly Member Tucker
j March l,. 1993
r
An act.to add Division 10 (commencing with Section 25800)
to the Business and Professions Code, to repeal Chapter 10.8
,v (commencing with Section 25940) of Division 20 of the Health
and Safety Code, to amend Section 308 of the Penal Code,.and
to amend Seefiett 80101 of-the e ead Tam
relating.fie tebaeee, to take e feet a els ae a lei
relating:to tobacco.
LEGISLATIVE COUNSEL'S DIGEST
AB 996, as amended. Tucker. Tobacco.
(1) :Existing law, the 'California Indoor Clean Air Act of
1976, regulates smoking. 1n
public laces. Existin law
f g'. P P g.
authorizes a. local governing body to ban the smoking of
tobacco completely regulate smoking p y or to gul gin any manner not
inconsistent with the act.
v.J 'This. bill would repeal that act. The bill would prohibit
smoking in a public place, as defined, a restaurant, as defined,
and a workplace, as defined, except as specified.. The bill
would regulate smoking on public carriers, as described. The
bill would require certain Signs gns to be. posted and would
.prohibit these restrictions from affecting the rights of
employees under any collective bargaining agreement. The
bill would estabhsh whe bears liabg" €ef seHing er
95 80
AB 996 —2—
eee preduete'te mitters by a I ,,
fase"L.!_e aid Widd prohibit the sale of tobacco products at c
retail through a vending machine, except as prescribed. The l;
bill would prohibit a person from advertising, or causing to be c
advertised, tobacco products, on any outdoor billboard
located within 500 feet of any public or private elementary c
school, junior high school, or high school, with certain
exceptions. f.
The bill would require these .provisions to apply to a city, t
county, and.city and county, including a charter city, charter
county, and charter city and county, and would prohibit any.
local ordinance or regulation from attempting to regulate'the t
sale,..distribution, advertising, sampling, promotion, or display a
of tobacco. products, smoking in public places, restaurants, o
bars, or workplaces,, or take any action with respect to an
employee or a prospective employee based on use or nonuse
of tobacco. 19
Notwithstanding. that provision, the . bill . would. . not
supersede any prohibition or limitation, in effect on April 1, b
1993, imposed .by an otherwise valid local ordinance or
regulation, unless the prohibition or . limitation is less t!
restrictive than the corresponding prohibition. or limitation n
imposed by these provisions. a
The bill would provide that violation of these provisions is . p
an infraction. By creating a new:crime, the bill would impose ti� p
a state-mandated local program. _ s.
The bill would .provide that. these provisions .exclusively
define the legal duties of a person in charge of.a public place, I
restaurant, bar, or workplace, and the legal rights of all other si
persons with respect to smoking in that public -place, .
restaurant, bar, or workplace. t]
The bill would establish a presumption of having satisfied v
any applicable legal duty with respect to indoor air quality for b
employees or customers of a restaurant, bar, or workplace, if
the owner of -the restaurant, .bar, . or workplace provides
ventilation in accordance with prescribed standards, except
as specified. e
(2) Existing law provides that every person, firm, or
corporation that knowingly sells, gives, or in any way 1P
furnishes to another person under 18 years of age any tobacco, ! Y.
95 100
I
i —3 — AB 996
Oing - "' - or other prescribed related materials, is subject to either a
its at I criminal action for a misdemeanor or to a civil action. Existing
. The I law sets forth various related fines that increase depending
to be on whether the offense has been previously committed.
)oard This bill would increase the fines and vary them de
penaling
ntary
:on whether the offense is committed again within a .2-year
:rtain is period.. Tlie bill would require a fine, imposed on a person,
firm, or corporation for a violation that is a first violation'. or
city, that occurs more than 2.years after any other violation, to be
arter .. waived-.and any subsequent violation to be deemed' a first
t any violation if the person, firm,:or corporation clearly establishes
e the that he, she, or it acted in good faith to prevent the violation
splay and that the violaizon occurred despite the exercise of due
-ants., diligence, as prescribed, by the.person, Arm, or corporation.
.o .an 44te b& wou4d delete the pro-v"20 r # establishes who
muse bears for seRing eg fimtishing tehneee preduet.s to
sbyetebeeee -vending .
not The bill would require the posting of prescribed signs. The
Iril 13, bill would unpose a specified fine for failure to comply.
�' ' The bill would require every person, firm, or corporation
,e or , :` i:'
less that sells or deals. in tobacco, or any preparation.thereof, to
ation notify, in a prescribed manner, each individual employed as
a.retail:sales clerk, that state law prohibits the sale of tobacco
)ns is products to, and the purchase of tobacco products by, any
Lpose k4. person,.under 18 years .of: age. The billwould impose a
specified fine for failure to comply.
ively :The .billwould delete the, exception that authorizes the
1lacle Director of Corrections,under certain circumstances to sell or
)they - supply tobacco and tobacco products to confined persons.
lace, . The. bill would require the Attorney General, acting
through county sheriffs, to conduct random, unannounced
sfied inspections to ensure compliance with these provisions. The
.y for ;, j bill .. would impose a state mandated local program by
ce, if increasing duties of county sheriff's.
✓idos a �e e e ear s person der$fi�
:cept of hese to be qwpended if the pease
el
meg he et she aeted in good 1.6-M prevent
I., or the N4elmieathe v4elati
eeeurred despite
the .
way persen's.exereise of due .
acco, The bill would impose a state mandated local program by
6 100 95 120
AB 996 —4—
changing
-4—changing the penalty for a crime and creating a new crime.
j The bill would require these provisions to apply to a city,
county, and city and county, including a charter city, charter
county; and charter city and county, and would prohibit, any
local ordinance or regulation from attempting to regulate the
sale, distribution, advertising, sampling, promotion, or display --
s: j� . o
of tobacco products, smoldng in,public places., restaurants,
h
bars, or,workplaces,workplaces, or take any action with respect to an
employee or.a.prospective employee based on use or nonuse
of.tobacco.
Notwithstanding that : provision,- the bill would not .
supersede. any:prohibition or, limitation, in effect on April 1,. p
-1993; imposed by an otherwise: valid local ordinance or
regulation, unless. the : prohibition orlimitation is.. less b
restrictive than the corresponding prohibition or limitation n
imposed by these provisions. d
. (3) : The etds g *eret a and Te►baeee Pre&e s P
��a yeses a to* rate of g on every &wb ter . the rf
e€AV., ate erA also inVeses a avid
wee preta at a tem e€ per eget , r `' e.
m se
and at a rate for teeee preekwts -e-av-411Rle perg
eigerette:
slegeae eke i ee eit; eRe
s=` re
j ette or ¢. per,paekage of. 20'eiggirettes iter �t�ceas
ear the of the ealendar mo ' g� S;
khm go.c s after a fee4ve J,� n
�e 4#mss
-1janumy -1, 1094-, the rierease a n.
S1
en ergaret ee by fima4ls P".eigwe0e et 4 per
� 1994; �e Maby
kiffease the twe on, ' by 7* etteer 450
per peekege.of go eit are sE
i �ebiwedre� e #heseprevmemea eaei y;
and efty and otmtxktehmfia a eharter eky`eharter l St
ee►t ►, a eharter ergevid V
ditt#%t;aePeMsing;sampling;promotion ew�
of Sme►kig in plaees, restawants,
bays; et wer1gAaees; er take m aefiee with re:speet to an
ee eyee et a prespe�eNve die eft use er fm"e
95 140
—5— AB 996
crime. �) the bill would net
a city, supersede &-ty prehibiti er wee; in effeet en ApPA.
.harter 199 used by an ewe YaW leeal epee ep
At
.any regala44en, erAess the preWNK or less
ite the restriefive the eerrespending prehibier hrAtatieff
iisplay by these The bill would state.the intent
.irants, l of the.' Legislature regarding additional revenues derived
to an from.added taxation of cigarettes.
tonuse (4) - The des the s# a to
reiffiburse ageee es aad seheel distriets fey eertain Bests
i not b he sWe. Statutory Pre"Ne" establish
,pril 1, preeees fey g # .
ice or . .-This'hffi would oil thftt no reimbursement is reqt6red .
s less by *Agoet fey a speen-ed reason The California Constitution
itation requires the. state to reimburse local agencies and. school
districts for.certain costs mandated by the state. Statutory
Inew provisions establish . procedures for making that.
w. the reimbursement, including the creation of a State Mandates
toed Claims .Fund to pay the costs of mandates which do not
orette �� (� exceed $1,000,000 statewide and other procedures for claims
lls Per whose statewide costs exceed $1,000,000
This, bill would provide that for certain costs no
Doper reimbursement is required by this act for a specified reason..
However, the bill would provide that, if the. Commission on .
eaere ®) l State Mandates determines that this bill contains other costs
mandated by the state, reimbursementfor those costs shall be
he t" made pursuant to those statutory procedures and, if the
s of 40. statewide cost does not exceed $1,000,000, shall be payable
w�eHl� from the State.Mandates Claims Fund.
or 460 (5) The.bill would provide that the.provisions of the.bill are
severable.
a eitr Vote: %majority. Appropriation: no. Fiscal committee: yes.
barter State-mandated local program: yes.
4 any
:te#6e,
to an
95 140 95 150
AB 996The people of the State of California do enact as follows:
i
1 . SECTION 1. Division 10 {commencing with Section
2 25800} is added to the. Business and Professions Code, to
3 read:
4
.5 DIVISION 10. REGULATION OF SMOKING
6
7 CHAPTER 1. GENERAL PROVISIONS
8
9 25800. For purposes of this division, the following
10 definitions,shall apply:.
11 {a} ."Bar"'.means an area that is devoted to the service
12- of alcoholic beverages for,consumption on the premises.
13. and.in which the serving of food, if any, is incidental to
14 the consumption of alcoholic beverages. When a bar is
1.5. located within'a building in conjunction with another use.,
16 including, but not limited to, a restaurant, only the area
17 usedprimarily for the consumption. of alcoholic.
18 beverages shall constitute a bar. The dining area shall not
19 constitute a bar, even though alcoholic beverages maybe !
20 served therein.
i 21 {b}. "Industrial facility"means any factory,warehouse,
22 "or distribution facility.
23 {c} "Public place" means any enclosed indoor area
24 open to the general public including, but not limited to,
25 a theater, educational. facility, health facility, : unless
' 26 prescribed by a -physician and surgeon, retail services
27. establishment, retail food production and . market
}4rz` 28 establishment, gymnasium,.health spa, library, museum,
29 and gallery. "Public place" does not include a workplace,
30 restaurant, or bar:
31 {d} "Restaurant" means anyplace. designated as a
.32 restaurant by Section 2&522 of the Health and Safety
33 Code.
34 {e} "Workplace" means any enclosed indoor area. iia
35 which one or . more individuals are employed on a
36 full-time basis and to which, the general public does not
37 have access, except by specific invitation, including, an �
38 industrial facility.
95 180
-7 — AB 996
fows:
2 CHAPTER 2. PUBLIC PLACES
Section 3
:ode, toe4 .25806.' Except as otherwise providd in this chapter,
5 smoking is prohibited in any public place on and after
6 January 1, 1994.
NG ) i; 7 25808.. Smoking may be permitted in up to 25 percent
8 : of the concourse and seating areas of indoor arenas, the
9 concourse area of any bowling alley, and the public areas
10 of office buildings, hotels, motels, and shopping malls.
llowing 11 25810. The prohibition of Section 25806 shall not
12 apply to any of the following places:
service 13 (a) Private residences, except when used as a child
remises 14 day care facility or health facility.
-nta1 to 15 (b) Hotel and motel rooms rented to guests, unless
a bar is 16 they are designated nonsmoking rooms.
her use, 17 (c) Establishments devoted primarily to the retail sale
he area . 18 of tobacco products, or operations of a manufacturer of
,.cohohc . 19 tobacco products.
hall not ll) 20 (d) Hotel and motel conference or meeting rooms,
,J
may.be and public c and private assembly rooms, while these
2212 places are being used for private functions.
shouse, 23 . . (e) Gaming clubs registered pursuant to Chapter 5
24 (commencing with Section 19800) of Division 8, facilities
or area : ': 25 ...used to conduct bingo games pursuant to Section 326.5'of
ited to; 26 the Penal Code,private boxes in indoor sports arenas, and
unless . 27 . indoor areas of facilities used for animal or automotive
services 28 contests or exhibitions, when these events are being held.
market 29.. . '2581:1. 1 Nothing in this chapter shall be construed to
uses, 30 prevent the owner of any public place from prohibiting
-kplace, 31 smoking entirelyy on any premises under his or her
32 control.
:d as a *)> 33
Safety 34 CHAPTER 3. RESTAURANTS
35
area in 36 ' 25812. Except as otherwise provided in this chapter,
1 on a 37 smoking is prohibited in any restaurant on and after
oes not '38 January 1, 1994.
ling an 39 . 25814. (a) The prohibition of Section 258.12 shall not
(9 40 apply to any restaurant.having a seating capacity of 50 or
95 180 95 200
AB 996 —8—
AA,
1 fewer.
2 (b) (1) On or before July 1, 1994, Section 25812 shall
3 not apply to any restaurant in which smoking is confined
4 to a single -contiguous area not exceeding 30 percent of
5 the service area.
6 (2) After July 1, 1994, the prohibition of Section 25812
7 shall not apply to any restaurant to which both of the } '
8 followingapply:
pp Y
9 (A) Smoking is confined to a single contiguous area
10 not exceeding 30 percent of the service area.
11 (B) Ventilation is provided in. accordance with the
12 recommended ventilation rates specified for dining
13 .rooms and cafeterias in Table 2 of ASHRAE Standard
14 62-1989 (Ventilation for Acceptable Indoor Air Quality)
15 or in accordance with the requirements of the indoor air
16 quality procedure described in ASHRAE Standard
17 62=1989. If a:restaurant elects to provide ventilation in
18 accordance with the recommended ventilation rate for
19 purposes of this subparagraph, the restaurant shall keep
20 on the premises a current written certification, provided
21 -by the contractor who mruntains the.ventilation system,
22 that the system is, operated at the specified rate.
23 (c) Any restaurant .permitting smoking shall post a .
24 sign on the exterior of the building at each point of public
0
25 entrance stating that smoking is allowed in the -0," ,;
26 restaurant.
27 25816.. The_ prohibition -of .Section 25812 shall not
28 apply to, rooms in restaurants being used for private .
sti{
29 functions:
30 25818. Nogg in'this chapter shall be construed to
3Z prevent the owner, of any restaurant from prohibiting
32 smoking entirely on any premises under his or her
33 control. }
34
35 CHAPTER 4. WORKPLACES
36 •
37 25820. Except as otherwise provided in this chapter,
38 smoking is prohibited in any. workplace on and after
39 January i, 1994.
40 25822. (a) The prohibition of Section 25820 shall noti ;
95 210
AB 996
1 apply to any workplace in which 15 or fewer people are
2 shall 2 employed on a hull-time basis.
nfined 3 ;(b) (1) On or before July 1, 1994, the prohibition of
!ent of 4 Section 25820 shall not apply to any workplace.
5 (2) After July 1, 1994, the prohibition of Section 25820
z 25812 6 shall not apply to any workplace that is any of the
of the
" 7 following:
8 . (A) Any private office, conference room, or lecture
Ls area 9 room if ventilation is provided to that office or room in
10 accordance with the recommended ventilation rates
th: the 11 specified for offices in Table 2 of ASHRAE Standard
dining 4162-1989 (Ventilation.for Acceptable indoor.Air Quality)
ndard 13 or in accordance with the requirements of the indoor air
,) 14 quality procedure described in ASHRAE -Standard:
it
aor air 15 62-1989:
ndard 16. (B) Any employee cafeteria where smoking is
ion in 17 confined to a single area not exceeding 25 percent of the
:te for 18 seating capacity of the cafeteria, and ventilation is
: keep 19 provided in accordance with the recommended ,
►vided 20 ventilation rates specified for dining rooms and.cafeterias
rstem,
} 21 in 'fable 2 of ASHRAE Standard 62-1989 (Ventilation for
22` Acceptable Indoor Air Quality) or in accordance with the
post a 23 requirements of the indoor air quality procedure
Jublic 24 described in ASHRAE Standard 62-1989.
I the 25 . (G) Designated smoking lounges'. . if ventilation is
26; provided . in accordance with the recommended
Q: not 27 ventilation rates specified for smoking lounges in.Table 2
rivate 28 of ASHRAE Stand 62-1989 (Ventilation-for Acceptable
29 Indoor Air Quality) or in accordance with the
ed to 30 requirements of the indoor air quality procedure
siting 31. described in ASHRAE Standard 62-1989..
r- her 32 (3) If an employer elects to provide ventilation in
33 '` accordance with the recommended ventilation .rate for
34 purposes of paragraph (2), the employer shall :keep on
35 the premises a current written certification, provided by
36 the contractor who maintains the ventilation system, that
tpter, 37 the system is operated. at the specified rate.
after 38. :25824. Notwithstanding Section 25820, smoking is
39 permitted in company vehicles with the consent of all
a not ` those Present in the vehicle.
9s 230
43 210
4
i
E
AR 996 _ 10-
1
10--
1 25826. The prohibition against smoking in the
2 workplace set forth in Section 25820 shall not apply to any
3 industrial facility.
1
4 25828. Nothing in this chapter shall be construed. to
5 prevent the owner of any workplace from prohibiting
6 smoking entirely on any premises under his "or her
7 control, including any industrial facility.
8
9 CHAPTER 5: PUBLIC: CARRIERS
10 1
11 25830. Itis unlawful for any person to smoke tobacco 1
12 or any plant product in any vehicle of a passenger stage 1
l
. .13 corporation, the National . Railroad ' Passenger. 1
14:. Corporation (Amtrak) except to the extent permitted by
15 federal law,in any aircraft except to the extent permitted 1'
16 by federal law, on a public transportation system, as 1
17 . defined in Section 99211 of the Public Utilities Code, or
18 in any vehicle of an entity receiving any transit assistance 1#.
19 . from.the state. l�
_ 20 25832. A notice prohibiting smoking, displayed as a
21 . symbol and in English, shall be posted in each vehicle or 2.
22 aircraft subject to Section 25830.
2
23 25834. (a) Every person and public agency providing
24 transportation services for compensation, including, but 2`
25 not limited to, the National Railroad Passenger } "�
V
26 Corporation (Amtrak).to the extent permitted by federal 2,
27 law; passenger stage corporations, and local agencies that '
21
98 .. own or operate airports, shall-designate and post,by signs
29 of sufficient number and in locations that may be readily 21
30 seen by persons within the area, a contiguous area of not
31 less than 75 percent of any area made available by .the 31
32 person or public agency as a waiting room for these 3.1d
3�
33 passengers where the smoking of tobacco is prohibited. } ;
34 Not.more than 25 percent of any,given area shall be set 34
35 aside for smokers.
36 (b) Every person- or public agency . subject to 36
37 subdivision (a) shall also post, by signs of sufficient 37
38 number,and in locations as to be readily seen by persons
39 within the area of any building where tickets, tokens, or 39
40 other evidences that a fare has b40
een paid for )
95 2W
- 11 — AB 996
the (4 1 transportation services that are provided by the person or
to any 2 public agency; a notice that the smoking of tobacco by
3 persons waiting in line to purchase the tickets, tokens, or
'ued to. . 4 other evidences that a fare has been paid is prohibited.
abiting 5 (c) It .is unlawful for any person to smoke in an area
or her 6 posted pursuant to. this section.
7
8 CHAPTER 6. SIGNS
9
10 25836. Smoking .and nonsmoking areas designated
obacco. 11 pursuant to this division shall be clearly indicated by the
r stage 12 posting of signs. Existing physical barriers and ventilation
senger 13 ' systems shall be used, to the extent . practicable, to
:ted by 14. .m* m=e . .the drifting of smoke from smoking to
mitted . 15: nonsmoking areas.
em, as 16
)de, or 17 CHAPTER 7. COLLECTIVE BARGAINING AGREEMENTS
istance 18
19 . 25838. Nothing in.this division shall affect the rights of
:d as a (�i' - 20 employees under any collective bargaining agreement.
�icle or
V,W �` 21
. 22 . CHAPTER 8. VENDING MACHINES
Ivi�g _
i but 24 � emeses of.his the person liable
g, wr 25 k4 et � g abaeee knees to laH3ers by a
senger. �' �.:��
.ederal 26 shah be personthefizing au
es that . . 27. the: ii9stallati or paeemert of the. .tebaeee ieending
y signs 28 naehine upen premises be or she tn&aages tw �e
-eadily 29 ee r� and tmder.eireurmtmees in Leh he or she has
.30 ll
. me e
of not dge-, or 9l haeme grounds fff
by the 31 , the tobseee -vending msehine wiR be
these 32 by Viers.
ibited. 33 25842. Tobacco products shall not. be sold at retail
be set 34 through a vending machine unless the vending machine
.35 is .located in one of the following areas:
:ct36 . (a) In an area of a factory, business, office, or other
to
ficie o 37 place. that is not open to.the general public.
Persons 38 (b) On any' public premises, as defined in Section
ans, or .. 39 . 23039, to which persons under the age. of 21 years are
.d for 40 denied access pursuant to Section 25665.
95 250 95 260
` AB 996 — 12—
I
12--1 (c) On other premises to which persons under the age
2 of 18 years are not permitted access.
3 (d) In any other place, but only if the machine can be
4 operated only by the activation of an electronic switch by
5. . the licensee, or by an employee of the licensee, prior to
6 each purchase.
7
8 CHAPTER 9. BILL omnis
g
10 25844. . No person shall advertise or cause to be
11 advertised tobacco products on any outdoor billboard
12 located. within 500.. ..feet of any public: or private..
1 . 13 elementary school,junior high`school ,or high school:This
t 14. prohibition.shall.not: apply.to advertisements erected or
15 maintained at street. level and affixed to. .business
.16 establishments selling tobacco products over the counter
17 at retail.
18
19 CHAPTER 10. VIOLATIONS
20 ( ;
21 . 25850. Every person who smokes in violation of this
22 division and every. person in charge of a place where
23 smoking is prohibited by this .division who knowingly
24permits smoking in violation of this division, and every _
25 person who fails to post a-sign required by this division;,
26 shall be guilty of an infraction punishable by a fine not to
27 exceed one.hundreddollars ($100) for a first';violation,by
28 a finenot to exceed two hundred dollars ($200) for a
29 second. violation within. one..year, or by a' fine not to `
30 exceed five.hundred dollars ($500) for a third and for
31 each subsequent violation within one year.
32 25852. This division exclusively, defines the legal _
33 duties of a person in charge of a public place, restaurant,
34 bar,or workplace,and the legal rights of all other persons,
35 with respect to smoking in that public,place, restaurant,
r
36 bar,. or workplace. No claim shall. be asserted and.no `
37 action shall be.brought against any person for smoking or
38 permitting smoking in accordance with this division.
39 255854. An .owner of a restaurant, bar, or workplace
40 who provides ventilation, for the facility in accordance
95 leo
- 13 — AB 996.
the age 00 1 with the .ventilation rates specified for the facility in
2 ASHRAE Standard ,62-1989 or in accordance with the
can be 3 requirements of the . indoor air quality procedure
Titch by 4 described in ASHRAE Standard 62-1989 shall be
prior to 5 presumed to have satisfied any applicable legal duty with
6 respect to indoor air quality for employees or customers
7 of ,the restaurant, bar, or workplace. The. presumption
8 shall not be deemed to supersede any occupational safety
9 and health standard adopted by the Occupational Safety .
to be 10 and.Health Administration pursuant to Section 6(B) of,
llboard 11 or. a standard promulgated by the Division of
private.. 12 Occupational Health Safety under its authority and
o1:This 13 approved by federal administration in accordance with
cted or 14' Section 18(c) (2) of, the federal Occupational Safety and
lusiness 15 Health Act of.1970 .(29 U.S.C. 651 et seq.).
:ounter 16 :SEC. 2. Chapter 10.8 (commencing with .Section
17 25940) of Division 20 of the Health and Safety Code is
18 repealed.
.19 SEC. 3. Section 308 of the Penal Code is amended to.
r� 20 read:
of this l 21 308. (a) ( ) Every person, co 1 , firm or oration that
�
where 22 --knowingly sells, gives, or in any way furnishes to.another
,ugly 23 person who is under the age of 18 years any tobacco,
I every 24 cigarette, or cigarette papers, or any other preparation of
ivision; +.:1' 25 tobacco, or any other instrument or paraphernalia that is
(.C� P P
not to 26 'designed . for the. smoking or ingestion of tobacco,
kion, by 27 products prepared from tobacco, or any . controlled
) for a 28 substance, is subject to either a criminal action for a
not to 29. misdemeanor or to. a civil action brought by . a city
ind for 30 attorney, a county counsel, or a district attorney,
31 punishable by a.fine of five hundred dollars ($500) for
legal 32 the one WhOmis.and deRars ($!,No) for the
aurant, 33 seem effeAse, #we theesaad demos ($2,0N) fer the. .
iersons,. t(:- 34 third .efense:
aurant, 35 Nehvithstsn ding a first violation, one thousand dollars
-nd no . 36 .($1,0100) for a second violation within two years of the first
king or 37 violation, two thousand dollars ($2,0010) for a third
pion. 38 violation within two years of a second violation, and two
ckplace 39 thousand dollars ($2,000) for any violation within two
rdanee ,, 40 ears of a violation subsequent to a third violation.
� �;) Y q
95 280 95 3W
AB 996 — 14 -
1 2 A fine imposed on a person, .firm or corporation 1
� ( ). P P � � rP
2 for a violation of this subdivision that is a first violation or 2
3 that occurs more than two years aper any other violation 3
4 of this subdivision shall be waived and any subsequent 4
5 violation of this subdivision shall be deemed a .first 5
6 violation : if the person, firm, or corporation clearly 6
f 7 establishes that he, she, ' or it acted in good faith 'to 7
8 prevent the violation and that the violation occurred 8
9 despite the exercise of due diligence by the person;-., 9
10 or corporation.,For purposes of this.paragraph, a person, 10
11 Arm, or corporation shall be.deemed to have.exercised 11
12 due diligence,if the person, firm, or corporation complies 12
13 -with subdivisions (d) and (e): 13
14 . (3) Notwithstanding Section 1464 . or any other . 14
15 provision of law, 25 percent of each civil and criminal 15
16 .penalty collected pursuant to this subdivision shall be 16
17 paid to the office of the city attorney, county counsel, or 17
- 18 district attorney, whoever is responsible for bringing the
18
19 successful action, and 25 percent of each civil and 19
20 criminal penalty collected.pursuant to this subdivision ( ( 20
21 shall be paid to the city,or county for the administration 21
22 and cost of the community service work component 22
23 provided.in subdivision -( }- (c) 23
I 24 Preen 24
25 (4) :Proof that a defendant, or his or her employee or 25
26 agent,demanded,was shown, and reasonably retied upon
26
27 evidence, of majority shall :be a defense to any action 27
28. : brought . pursuant to this ;subdivision. Evidence of 28
29 majority of a person is a facsimile of or a reasonable 29
30 likeness of a document issued by a federal, state, county, 30.
! 31 - or Municipal government, or subdivision or agency 31
32 thereof, including, but not limited to, a motor vehicle 32
33 operators license, a registration certificate issued under 33
34 the Federal federal : Selective Service Act, or an t '+ 34
35 identification card issued to a member of the armed 35
36 forces. 36
37 (b) Far purposes of this section, the person liable.for 37
' 38 selling or furt2islt ng tobacco products to minors by a 38
39 tobacco vendingrnachine shall"'be the person authorizing 3g
40 the installation or placement of the tobacco vending40
95 320
- 15— AB 996
7ration 1 machine upon premises he or she manages or otherwise
titin or 2 controls and under circumstances In which he or she has
alation 3 -knowledge, .. or should otherwise have grounds for
_,quent 4 knowledge, that the tobacco vending machine will be
a first 5 utilized by minors.
clearly 6 (c) Every person .under the age of. 18 years who
dth to 7 purchases or receives any tobacco, cigarette, or.cigarette
cursed 8 papers, or.any other preparation of tobacco, or any other
- 9 instrument or paraphernalia that is designed for the
Terson, 10 smokrng of tobacco, products prepared from tobacco, or
.rcised 11 any controlled -substance shall, upon, conviction, be
mphes 12 punished by a fine of five hundred dollars ($500) 'or 100
13 hours of'community service work.
other 14 {+e}
iminal15 (d) Every person, firm, or corporation that sells, or
iall be 16 deals in tobacco. or any preparation thereof, 1 shall post
isel,.or 17 conspicuously .and,keep. so .posted in his, her; or their
ng the 18 place of business, at each -point of purchase within the
it and 19 premises, a sign; no smaller than 8x/Z by 11 inches,stating
ivision j ,r 20 the followings
xat<on
21 NOTICE-.SECTION .308 OF THE PENAL CODE
)onent 22 . PROHIBITS THE SALE OF TOBACCO PRODUCTS
23 TO PERSONS UNDER 18 YEARS OF AGE AND THE
24 PURCHASE - OF TOBACCO . PRODUCTS.. BY
(�;� 25 PERSONS UNDER 18 YEARS OF AGE.
'ee or ('` on failingto do so shall upon conviction be
p 26 An person .
i u _on 27 punyished by a � of one hundred dollars ($100) for the .
actio
tee of 28 first offense and two hundred dollars ($200) for each
enable 29 succeeding violation. of provision, or by .
ounty, 30. imprisonment for:not more than 30 days.
agency 31 The Secretary of State is hereby authorized to have
•ehicle 32 printed sufficient copies of this sign to enable him or her
under AM, 33 . to f i naish dealers in .tobacco with copies thereof upon
or an `:`� 34 their request for the same. Notwithstanding paragraph
ara aP h
armed 35 (2) of subdivision (a) of Section 30462 of the Revenue and
36 Taxation Code, the cost of printing .and fiu'nishing the
We for 37 . signs shall be paid from the Cigarette and Tobacco
by a 38 Products Surtax Fund.
Prizing39
ending 40 (e) Every person, firm, or corporation that sells, or
95 320
ss Mo
AB 996 —.16—
1 deals in tobacco or any preparation thereof, shall notify
2 each : individual . employed by the person, firm, or
3. corporation as a retail sales clerk that state law prohibits
4 the sale of tobacco products to any person under 18 years
l .
5 of age and the purchase 'of tobacco products by any
j 6 person ' under 18 years of age. Thiisnotice shall be
j 7 provided before the individual commences work as a
3
8 retail sales clerk or,in the case of an *individual- m,. ale employed
I° 9 as a retail sales clerk on the date when this subdivision
16 becomes operative, within .30 days of that date. The
.11 individual shall signify_ that he or:.shehas received the
1:2' notice required by thus subdivision by signing a: form
f 13 stating as follows: "I understand that state law prohibits
14 the:sale of tobacco products to persons under the-age:of
15 18 and the purchase of tobacco products by persons under. .
j 16 the age of 18. I promise,as a condition of my employment,
17 to observe this law." Each form signed by an individual
.18 shall indicate the date .of signature. The employer..shall
19 retain the form signed.by each individual employed as a
I 20 retail sales clerk until 120 days after the individual has left
21 the employer's employ. Any employer faalixi to comply
P g PY
22 with the requirements of this subdivision with-respect to
23 any employee shall upon conviction be punished by a fine
24. of one hundred dollars ($100) for the first offense and two
25 hundred dollars ($200) for each succeeding violati in..of
26 this subdivision, or by imprisonment;for not more than 30 :, .
27 days.
28
29 (f) For. purposes of determining the. liability. of
<,. ;
30 persons, ,firms, or corporations, controlling franchises or
31 business operations in multiple locations for.the second
j
32 and subsequent violations of this section, each individual
33 franchise or business location shall be deemed a separate
34 entity.
4
.. 35
36 (g) The Attorney General, acting through the sheriffs
37 . of the several counties of the state 'pursuant to Section
i 38 12560 of the Government Code, shall annually conduct
39 random, unannounced inspections at locations where 3
40 tobacco products are sold or distributed to ensure 9
95 W
i
- 17— AB 996
ll notify 1 compliance with this section. Persons under 18 years of
2 age maybe enlisted by the sheriffs, or employees thereof,
wrohibits 3 to test compliance with subdivision (a) except that
18 years 4 persons under 18 years of age may be used to test
by any 5 compliance with subdivision (a) only if the testing is
;hall be 6 conducted under the direct supervision of a sheriff, or
,rk as a (;, 7 employees thereof, and written parental consent has
8 been provided.. Any other use of persons under 18 years
aploye d
division 9 of age to test compliance with subdivision (a) or any
te. The 10 other prohibition of like or similar import shall be
ved the 11 unlawful and the person or persons responsible for the
a form 12 use shall be subject to the penalties prescribed in
rohibits' 13 subdivision (a). The Attorney General shall prepare for
age of 14 submission annually to the Secretary of the United States
,s under 15 Department of Health and Human Services the report
>yment, 16 required by Section 1926 of Subpart I of Part B of Title
lividual 17 XIX,of the federal Public Health Service Act (42i"U.S.C.
er shall 18 Sec. 300x-26).
red as a 19 {g} A fine.kapesed en a p rsen f er a f"t �v4e!MAen. of
has left .20 tis seetien sha4 be seed if the pet-soft elea*
com 1 21. ewes be er she eted ifr geed feat to
P o 22 # e � # ke � the
pect to despite
,y a fine 23 pensee=s � � e€:die .
end two 24 SEG.4: Seem 30101 of the ReTeftee and TWifflabitao
• 25 fre a 3s a�.imded to
,tion of � �(���,� -
than 30 :,. 26 80101. -( }' s a t"e his of
27. her disk4btWem e€ ees at the rate of ewe aid
28 fee the disWbtWett afteii 4 e eleek
ility �,f 29' W.M. eft � 9, of eaeh a e–e 12:91e'eleek
uses,-or 30 wm. on Amgmt 4; !W; at the rate e€ dwee aad
second 31 f w the disWbu of eaeh ei a eft
lividual 32 a B eek et.m. en
�parate 33 � �; at the �e of five raid for the
E 34 d�s��bu#e�t of eaeh e ; e ear aed af'€e� gs8f e� e+ek
35 a.m. en Geteber 4; IW, uatfl W. 1 am.en the epera0ve
sheriffs 36 date seed in sebdty W {b};eA the rate of seer aad
section 37 few the disWbutkm of eaeh
onduct 38 ei.garette eft and aim a.m. est the# date, uWAI W-.01
where 39 a:�of 4;4994;e&the rate of teft for
ensure 40 #fie distribu of eaeh eigaret a eft aed a f a.m.
9s 350 s5 370
AB 996 — 18—
1 er} � ,� X994-, and a the ftte of ' 1
,
2 hvelve and eerellf for they of 2
3. eae eigereE a ea emA after 16-.01 ate. eft -1 X994: 3
4 -( } a .- ..eats Dude t+a #his see r � dhe aet 4 ,
5 ftkii ig
'. Bttbdww sh&R be ep-er-a6ve en the firA&y 5
6 of the first eelei moral eor er ng tnere 98 6
. 7 days after the efFeetWe a of the.aet 7
.8 {e* The tomes, imposed by the aet adding 8
9 Alb AwA notbe ` edup tebaeee preduets9 c
10 as in s n s r{ }-of Seeherr 9��at.s��l� 10
11 to a tm ea4e Wf&ed mer s �{(►}of Seetien 301M, 11
12 twr sha4.these des he intie of 12 �
13= as eirede #� rate neer sobfer - } of Seem 13 c
14 9t93 14 1.
15 SEC 4. It is the intent of the Legislature that 15 i
16 additional revenues derived from added taxation of 16
17` cigarettes be determined pursuant to the Budget Act of 17
18 .1993 18
19 -SEC. 5. The. Legislature finds and declares all of the 19 1
21
. 20 following: { 20
4
.21. (a) The need for uniform statewide regulation; as set #`
22 forth in this act, is a matter of'statewide concern and 222
23 uniform statewide regulation is required toe
. 24 . public awareness of and compliance, with this act and is. 24
25 warranted because the activities regulated by this act do ( 25 . i
26 not vary from county to county or city to city. 26
27 (b) Uniform statewide regulation, as set forth in this. 27 e
'201act, guarantees that all .persons engaging in the same 28 e
29. ; activities-are subject to the same rules throughout t the 29_4
30 state, and ensures that businesses in a-city or county will 30 ej
31 enjoy no unfair competitive or other advantages with 31. e
32 respect to the activities covered by this act. 32 .19
33 . SEC. 6. (a) This act shall apply,without limitation, to 33
c� ,x
34: a city, county, and city and county, including a charter 34 p
35 city, charter county, or charter city and county, and it is 35
36 the Legislature's intent to regulate the subject matter of 36 k
37 this-act comprehensively and to occupy the field to the 37 n
.38 exclusion of. local .action. ' Notwithstanding any other, 38 - o
39 provision of law, no ordinance or regulation of any city, 39 it
40 county, city and county, including a charter city, or 40
i
95 ago
_ 19— AB 996
mte of ® � 1 charter city and county, or other political subdivision of
dM of 3 . this state, or any local ordinance or regulation adopted by
Q94; the use of.an initiative or other ballot measure; shall
he aet 4 prohibit or in any way attempt to regulate the sale,
mt day 5 distribution, advertising, sampling, promotion, or display
gp 6 of tobacco products,.. . smoldng in public places,
7 restaurants, bars, or workplaces, or take any action with
tkio 8 respect to an employee or a prospective employee based
oduets 9.: .0n.use or nonuse of tobacco.
eNeet 10 (b) :Notwithstanding subdivision (a), this act shall not
11 ...supersede any prohibition or limitation, as in effect on
4M of 12 April 12 1993,: -Imposedby anotherwise valid local
eetien 13 ..ordinance or regulation,. unless the prohibitionor
14 limitation is less restrictive than the corresponding
that 15 prohibition or limitation imposed by,this act.
ion of 16 -.SEC..7. If any provision of this act or its application to
Act of 17 any person or circumstance is held invalid, this shall not
18 affect other provisions or'applications of this act that can
of the 19 be given effect without the invalid application and to this
( � 20 end the provisions of the act are severable.
as set 21 SEG. 8: No 099 aet
n and 22 :: to Seetien 6 of 2krNele NM-B ef the GaWerniet
amize 23 Gensfitu beeftwe the e* . eests whiek ntay be
and is 24 P-arred by s leeal ageney er. sekeel distriet m4R be
act do (ii,1 25 eA beesese tis aet ereates a new ewe er
26 ,ebaages the definitien e€a erre eg hn&aetie ,
in this 27 epi mages the peneky fer a ertme er ftt&aesef# er
same 28 a ewe er '
ut the 29 4789 of the cede; Mess
ty will 30 speeified in tris aet;the a eft s aet shad beeeme
s with 31 eoera#ye ear the .same date thet the aet takes effeet
32 to the .
ion to - 33 :SEC. .& No reimbursement is required by this act
harter 34 pursuant to Section 6 of Article XIII B of the California
id it is 35 Constitution for those costs which may be incurred by a
tter of 36 local agency or school district because this act creates a
to the 37 new crime orinfraction, changes the definition ofa crime
other 38 or infraction, changes the penalty for a crime or
y city, 39 infraction, or eliminates a crime or infraction.
ity, or Vii" ,; 40 ;However, notwithstanding Section 17610 of the
l
95 390 95 410
AB 996 20-
1
0-1 Government Code, if the Commission on State Mandates
2. determines that this act contains other costs mandated by
3 the state, reimbursement to local agencies and school
4 districts for those costs shall be made pursuant to.fart 7
5 (commencing with Section 17500) of Division 4 of Title
6 . 2 of the. Government Code. If the statewide cost of the
7 claim for reimbursement does not .exceed one mullion
8 dollars ( 1,Oa0,000).. reimbursement shall be made from
9 the State Mandates Claims Fund Notwithstanding
10 Section 175M of the:Government Code, unless otherwise
11 specified in this.act, the provisions of this act shall become..
12 operative on the same date that the act takes °effect
13 pursuant to the California-Constitution. ,
E
i
i'
a
a,
4 7
7
l
i
95 410 f
i
i
1
2368 ASSEMBLY JOURNAL June 7, 1993 June 7, 1993
REASSEMBLED f Bill passed b
At 3:26 p.m., the Assembly reconvened.
pres n. Jack O'Connell, Speaker pro Tempore of the Assemblyg. , ACC r
CONSIDERATION OF DAILY FILE (RESUMED) Alpert.
Andal
THIRD READING OF ASSEMBLY BILLS (RESUMED) Archie-Hudson
ASSEMBLY BILL NO. 13 (Terry Friedman)-An act to add Section 6404.5 to the Areias
Labor Code,relating to occupational safety and health. Baca
Bates
Bill read third time,and passed by the following vote: Boland
AYES--47 Bornstein
Allen Caldera Hannigan Moore Bowen
Alpert Campbell Hauser Napolitano Bowler .
Andal Cannella Honeycutt Nolan Brown,Valerie
Archie-Hudson Cortese .Horcher O'Connell Brulte
Areias Costa Isenberg Peace . Bustamante
Baca Eastin KarnetteSher
Campbell
Bates Escutia Katz Snyder
Bornstein Farr . Klehs Solis Friedman,Terry
Bowen Frazee Lee Speier
Bronshvag Friedman, Barbara Margolin Umberg Bill ordered
Brown,Valerie Friedman,Terry Martinez Vasconcellos
Burton Gotch McDonald ASSEMBLY BII
NOES-25 of,and to repeal ai
contracts.
Aguiar Goldsmith Morrow Takasugi ! Bill read thi;
Boland Harvey Mountjoy Tucker
Bowler Haynes Murray Weggeland 9
Brulte Hoge Quackenbush Mr. Speaker Aguiar
Bustamante Jones Rainey Allen
Conroy Knight Richter Alpert
Ferguson Knowles Seastrand
Archie-Hudson
Bill ordered transmitted to the Senate. Areias
Baca
ASSEMBLY BILL NO. 1370 (Ferguson)—An act to add Section 1812.5095 to the Bates
Civil Code,and to amend Sections 629,682,684,.and 13009 of,and to add Sections 628 Boland
and 13005.7 to, the Unemployment Insurance Code,. relating to unemployment Bornstein
insurance. Bowen
Bill read third time. Bowler
Bronshvag
Point of Personal Privilege Brown,Valerie
Brulte
Assembly Member Speier arose to a point of personal privilege. Burton
The question'being on the passage of the bill. Bustamante
Caldera
Campbell
Andal
Harvey
Bill ordered
1
P,
Item 1 . 37
OFFICE OF THE COUNTY ADMINISTRATOR
C O .N T R A C O S T A C O U N T Y
Administration Building
651 Pine Street, 11th Floor
Martinez, California 94553
DATE: June 15, 1993
TO: Supervisor Tom Torlakson
Supervisor Tom Powers
Supervisor Jeff Smith
Supervisor Gayle Bishop
Supervisor Sunne Wri,q4t McPeak
FROM: Claude L. Van Marte sistant County Administrator
SUBJECT: FOLLOW-UP INFORMATION ON ASSEMBLY FLOOR VOTE APPROVING AB
13 TO PROHIBIT SMOKING IN THE WORKPLACE
In the Board Order on the agenda today regarding AB 996, we noted .
that AB 13 had been refused passage on the Assembly Floor on June
1 and was then reconsidered and passed on June 7, 1993. At the
time the Board Order on AB 996 was written, we did not have the
floor vote on passage of AB 13, but promised that we would provide
it to the Board " members as soon as it was available. It is
attached. Note that on the first vote June 1, AB 13 was refused
passage by a vote of 34 :31, with 14 members not voting and one
vacancy. On June 7, AB 13 was passed by a vote of 47 :25, with 7
members not voting and one vacancy.
On both the June 1 and June 7 votes, Assemblyman Bates and Campbell
voted "aye" on AB, 13 . On both votes, Assemblyman Rainey voted "no"
on AB 13.
The following accounts for the change in voting between June 1 and
June 7:
Did not vote on June 1, voted "no" on June 7 :
Ferguson
Voted "no" on June 1, did not vote on June 7 :
Johnson, Pringle and Statham
Voted "no" on June 1, voted "aye" on June 7 :
Allen, Cannella, Hauser and Horcher
Did not vote on June 1, voted "aye" on June 7 :
Baca, Cortese, Costa, Farr, Honeycutt, Katz, Moore, Nolan, Snyder
-2-
This accounts for the loss of six "no" votes between June 1 and
June 7 and the gain of 13 "aye" votes between June 1 and June 7 .
CLVM:amb
van6-71-93
Attachment
cc: Mark Finucane, Health Services Director
Wendel Brunner, M.D. , Public Health Director
Victor J. Westman, County Counsel