| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 422Introduced by Assembly Member FriedmanFebruary 04, 2021 An act to add Section 22965 to the Business and Professions Code, relating to tobacco products. LEGISLATIVE COUNSEL'S DIGESTAB 422, as introduced, Friedman. Tobacco products: individuals under 21 years of age.Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. The STAKE Act requires a person engaged in the retail sale of tobacco products to check the identification of a tobacco purchaser to establish the purchasers age if the purchaser reasonably appears to be under 21 years of age. Among other provisions, the act requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through various enforcement activities. The act also authorizes enforcing agencies, as defined, to assess specified civil penalties for the furnishing of tobacco products to a person under 21 years of age, but makes these penalties inapplicable if the person being furnished the product is active duty military personnel who is 18 years of age or older. This bill would expressly authorize a city, county, or city and county to adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product. The penalty under the ordinance would be the issuance of an administrative citation requiring the person to participate in an antismoking educational program. The bill would additionally authorize the ordinance to require the confiscation of a tobacco product from a person under 18 years of age, as specified. The bills prohibitions would not apply with respect to active duty military personnel who are 18 years of age or older.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22965 is added to the Business and Professions Code, to read:22965. (a) Notwithstanding any other law, a city, county, or city and county may adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product, including flavored tobacco, in any form, as provided in this section.(b) (1) An ordinance adopted pursuant to this section shall require the city, county, or city and county to issue an administrative citation that requires mandatory participation in an antismoking educational program. The ordinance may require payment of a fee for participation in the program if a sliding scale fee is offered, based on the income of the participant, or the parent or legal guardian if the participant is a minor.(2) The ordinance may also authorize the city, county, or city and county to confiscate the tobacco product from a person under 18 years of age, with notice and return of the tobacco product to a parent or legal guardian.(c) This section does not apply with respect to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 422Introduced by Assembly Member FriedmanFebruary 04, 2021 An act to add Section 22965 to the Business and Professions Code, relating to tobacco products. LEGISLATIVE COUNSEL'S DIGESTAB 422, as introduced, Friedman. Tobacco products: individuals under 21 years of age.Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. The STAKE Act requires a person engaged in the retail sale of tobacco products to check the identification of a tobacco purchaser to establish the purchasers age if the purchaser reasonably appears to be under 21 years of age. Among other provisions, the act requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through various enforcement activities. The act also authorizes enforcing agencies, as defined, to assess specified civil penalties for the furnishing of tobacco products to a person under 21 years of age, but makes these penalties inapplicable if the person being furnished the product is active duty military personnel who is 18 years of age or older. This bill would expressly authorize a city, county, or city and county to adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product. The penalty under the ordinance would be the issuance of an administrative citation requiring the person to participate in an antismoking educational program. The bill would additionally authorize the ordinance to require the confiscation of a tobacco product from a person under 18 years of age, as specified. The bills prohibitions would not apply with respect to active duty military personnel who are 18 years of age or older.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 422 |
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| 15 | 15 | | Introduced by Assembly Member FriedmanFebruary 04, 2021 |
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| 17 | 17 | | Introduced by Assembly Member Friedman |
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| 18 | 18 | | February 04, 2021 |
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| 20 | 20 | | An act to add Section 22965 to the Business and Professions Code, relating to tobacco products. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 422, as introduced, Friedman. Tobacco products: individuals under 21 years of age. |
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| 28 | 28 | | Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. The STAKE Act requires a person engaged in the retail sale of tobacco products to check the identification of a tobacco purchaser to establish the purchasers age if the purchaser reasonably appears to be under 21 years of age. Among other provisions, the act requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through various enforcement activities. The act also authorizes enforcing agencies, as defined, to assess specified civil penalties for the furnishing of tobacco products to a person under 21 years of age, but makes these penalties inapplicable if the person being furnished the product is active duty military personnel who is 18 years of age or older. This bill would expressly authorize a city, county, or city and county to adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product. The penalty under the ordinance would be the issuance of an administrative citation requiring the person to participate in an antismoking educational program. The bill would additionally authorize the ordinance to require the confiscation of a tobacco product from a person under 18 years of age, as specified. The bills prohibitions would not apply with respect to active duty military personnel who are 18 years of age or older. |
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| 30 | 30 | | Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. The STAKE Act requires a person engaged in the retail sale of tobacco products to check the identification of a tobacco purchaser to establish the purchasers age if the purchaser reasonably appears to be under 21 years of age. Among other provisions, the act requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through various enforcement activities. The act also authorizes enforcing agencies, as defined, to assess specified civil penalties for the furnishing of tobacco products to a person under 21 years of age, but makes these penalties inapplicable if the person being furnished the product is active duty military personnel who is 18 years of age or older. |
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| 32 | 32 | | This bill would expressly authorize a city, county, or city and county to adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product. The penalty under the ordinance would be the issuance of an administrative citation requiring the person to participate in an antismoking educational program. The bill would additionally authorize the ordinance to require the confiscation of a tobacco product from a person under 18 years of age, as specified. The bills prohibitions would not apply with respect to active duty military personnel who are 18 years of age or older. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 22965 is added to the Business and Professions Code, to read:22965. (a) Notwithstanding any other law, a city, county, or city and county may adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product, including flavored tobacco, in any form, as provided in this section.(b) (1) An ordinance adopted pursuant to this section shall require the city, county, or city and county to issue an administrative citation that requires mandatory participation in an antismoking educational program. The ordinance may require payment of a fee for participation in the program if a sliding scale fee is offered, based on the income of the participant, or the parent or legal guardian if the participant is a minor.(2) The ordinance may also authorize the city, county, or city and county to confiscate the tobacco product from a person under 18 years of age, with notice and return of the tobacco product to a parent or legal guardian.(c) This section does not apply with respect to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 22965 is added to the Business and Professions Code, to read:22965. (a) Notwithstanding any other law, a city, county, or city and county may adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product, including flavored tobacco, in any form, as provided in this section.(b) (1) An ordinance adopted pursuant to this section shall require the city, county, or city and county to issue an administrative citation that requires mandatory participation in an antismoking educational program. The ordinance may require payment of a fee for participation in the program if a sliding scale fee is offered, based on the income of the participant, or the parent or legal guardian if the participant is a minor.(2) The ordinance may also authorize the city, county, or city and county to confiscate the tobacco product from a person under 18 years of age, with notice and return of the tobacco product to a parent or legal guardian.(c) This section does not apply with respect to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. |
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| 46 | 46 | | SECTION 1. Section 22965 is added to the Business and Professions Code, to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 22965. (a) Notwithstanding any other law, a city, county, or city and county may adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product, including flavored tobacco, in any form, as provided in this section.(b) (1) An ordinance adopted pursuant to this section shall require the city, county, or city and county to issue an administrative citation that requires mandatory participation in an antismoking educational program. The ordinance may require payment of a fee for participation in the program if a sliding scale fee is offered, based on the income of the participant, or the parent or legal guardian if the participant is a minor.(2) The ordinance may also authorize the city, county, or city and county to confiscate the tobacco product from a person under 18 years of age, with notice and return of the tobacco product to a parent or legal guardian.(c) This section does not apply with respect to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. |
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| 52 | 52 | | 22965. (a) Notwithstanding any other law, a city, county, or city and county may adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product, including flavored tobacco, in any form, as provided in this section.(b) (1) An ordinance adopted pursuant to this section shall require the city, county, or city and county to issue an administrative citation that requires mandatory participation in an antismoking educational program. The ordinance may require payment of a fee for participation in the program if a sliding scale fee is offered, based on the income of the participant, or the parent or legal guardian if the participant is a minor.(2) The ordinance may also authorize the city, county, or city and county to confiscate the tobacco product from a person under 18 years of age, with notice and return of the tobacco product to a parent or legal guardian.(c) This section does not apply with respect to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. |
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| 54 | 54 | | 22965. (a) Notwithstanding any other law, a city, county, or city and county may adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product, including flavored tobacco, in any form, as provided in this section.(b) (1) An ordinance adopted pursuant to this section shall require the city, county, or city and county to issue an administrative citation that requires mandatory participation in an antismoking educational program. The ordinance may require payment of a fee for participation in the program if a sliding scale fee is offered, based on the income of the participant, or the parent or legal guardian if the participant is a minor.(2) The ordinance may also authorize the city, county, or city and county to confiscate the tobacco product from a person under 18 years of age, with notice and return of the tobacco product to a parent or legal guardian.(c) This section does not apply with respect to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. |
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| 58 | 58 | | 22965. (a) Notwithstanding any other law, a city, county, or city and county may adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product, including flavored tobacco, in any form, as provided in this section. |
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| 60 | 60 | | (b) (1) An ordinance adopted pursuant to this section shall require the city, county, or city and county to issue an administrative citation that requires mandatory participation in an antismoking educational program. The ordinance may require payment of a fee for participation in the program if a sliding scale fee is offered, based on the income of the participant, or the parent or legal guardian if the participant is a minor. |
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| 62 | 62 | | (2) The ordinance may also authorize the city, county, or city and county to confiscate the tobacco product from a person under 18 years of age, with notice and return of the tobacco product to a parent or legal guardian. |
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| 64 | 64 | | (c) This section does not apply with respect to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. |
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