April 8, 2015 - California Senate Health Committee http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0101-0150/sb_140_bill_20150126_introduced.pdf Introduced by Senator Leno (Principal coauthor: Senator Pan) (Principal coauthor: Assembly Member Ting) (Coauthor: Senator Hernandez) (Coauthor: Assembly Member Chiu) January 26, 2015 An act to amend Sections 22950.5, 22958, and 22962 of 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, 113978, 114332.3, 114371, 118910, 118925, 118930, 118935, 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 introduced, 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 change the STAKE Act’s definition of tobacco products to include electronic devices, such as electronic cigarettes, 99 that deliver nicotine and make furnishing such a tobacco product to a minor a misdemeanor. 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 new definition of tobacco products. The bill would make the use of electronic cigarettes in some of these restricted locations a violation punishable as an infraction. 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.

• published: 11 Apr 2015
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