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Home My WebLink About08/13/1991 BAKERSFIELD Patricia J. DeMond, Chair Lynn Edwards Patricia Smith Staff: Legislative: Trudy Thornton Litigation: Larry Lunardini AGENDA LEGISLATIVE AND LITIGATION Tuesday, August 13, 1991 12:00 noon City Manager's Conference Room 1. SB376/SB1100 Tobacco Controls 2. AB350 California Rivers Riparian Parkway Act 3. Current Legislative Issues PAGE 1 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER: SB 376 BII.~TEXT AMENDED IN ASSEMBLY JULY 11, 1991 AMENDED IN SENATE APRIL 30, 1991 INTRODUCED BY Senator Hill (Principal coauthor: Assembly Member Felando) FEBRUARY 15, 1991 An act to add SeeS~ea ~V~VeTS Se She Bus,ness end P~e~ess~ons Soda7 ~e~aS~Rg So ven~.g machO.esT Division 1--0 (commencin~ with Section 30000) tot and to re~eal Section 17537.3 off the Business and Professions Codet.t__o repeal Sections 1234 and 1286 oft t__o repeal Chapter 10.8 (commencing with Section 25940) of Division 20 of, the Health and Safety Codet and to repeal Sections 308 and 308b of the PenalCode, relating to tobacco products. LEGISLATIVE COUNSEL'S DIGEST SB 376, as amended, Hill. Tebaeee vend~ag maeh~nest wa=n&ng Sale and use of tobacco . B~eS~ng ~aw makes ~S un~aw~u~ ~e~ any pe~senT es spee~ed~ vending maeh~nev ~sS~ng ~aw a~so eequ~es~ w~Sh exeepS~ens~ Shes She owne~ of a vending maeh~ne~ es de~ned~ have e~ed She owner-s name end a~Fess So Sha~ maeh~ne~ es ~ndeF ex~sS~ng ~aw~ any pe~sen who v~e~aSes an~ e~ Shese p~ev~s~ens ks ~u~Sy e~ a m~sdemeane~v · h~s b~ weu~dr edd~S~ona~y~ Fequ~e en and a~e~ ~u~y ~99~r Shes every ~e~sen who awns e vend~n§ machine Shes d~s~enses Sebaeee pFedueSs Se a~ She~eSe a spee~ed S~nT · h~s b~ weu~d eFeaSe a sSaSe-mandaSed ~eea~ p~o~am because weu~d e~pand She see~e Of an e~sS~ng e~ne by Fequ~n~ an add~S~oaaL neS~ee ene Sobaeee vend~n~ maeh~neT Under existin9 law,'it is a public offense, punishable s~ecifiedt for a ~erson, firm~ or corporation to sell~ 9ive~ or £n any way furnish to any person who is under the a~e of 18 years, any tobacco, tobacco products, o~r smokin9 paraphernalia. Ex£st£n9 law also prohibits, amon~ other activities, smoking in certain des£~nated bu£1dingst fac£1itiest and other structures, a_~s specified~ and the unsolicited distribution of tobacco products. This bill would revise and recast these provisions as the ~erald N. Felando Tobacco Control Act and would provide for the establishment of the Division of Tobacco Control within the Department of Alcoholic Beverage Control for the purposes of the adm~nis~ration of the act. PAGE 2 Display 1991-1992 Bill Text- INFORMATION BILL NUMBER~ SB 376 BILL TEXT This bill would prohibit the retail sale of or Sampling tobacco ~ products, on and after January 1, 1993r by any person unless authorized to do so by license and would establish license feesr a__s specified. This bill would prohibit the advertisement of tobacco products on billboards located within 500 feet of any elementary school~ Junior high o__r high school~ except a__s specified~ and would require every licensee to ~ost a s~ecified sign at the ~oint of sale o__f any specified tobacco product. This bill would also prohibit smoking i__npublic places and in the work, lace, except as provided. Because violation of certain prohibitions would be crimes, the bill would impose state-mandated local programs. The bill would also provide that no amDloyer shall discriminate against any person, a__s specified~ because of the person's assertion of the right to a smoke-free workplace. The bill would become effective~ except a__s specified, o__n July 1~ 1992. 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: ~s~eTsT en and afSer ~u~y ~T ~99RT every person who awns a vendAng maehAne Shes dAs~enses any Sobae~e ~rodueS es dePArted An SeeSAens 99993 end 39~R~ e~ She Revenue end ~a~aSAen eede~ sha~ a~A~ ShereSo e aAgn An a p~aee where AS may be seen by anyone usAng She maehAnev ~haS sAgn sha~ be e~ su~&eAenS sase Se aeeommodaSe She feL~ewAng sSaSemenS wrASSen An &%4-Aneh LeSSerAn~ whAeh sha~* read as fe~ewst PeR M~NeR6 ~e P~e~ss yeeAeee PRe~ue~s~ SE~ION 1. Se=~ion 17537.3 of the ~usiness anU Professions Code i8 =e~aled. p~eg~7 p~omo~*one~ effete e~ emoke~eas ~obaeeo p~edue~o which ~e~e p~eef o~ purchase e~ a emeke~es8 ~ebaeee p~edue~ un~eos ~ PAGE 3 Display 1991-1992 Bill Text - INFORMATION BILL NUMBERs SB 376 BILL TEXT Bash premoS~one~ offer she~ ~ne~ude An any ma~-~n coupon a sSaSemenS requesS~ng purchasers Se verify Shes She purchaser yea~s ef age er ,b~ Per any person Se honer m&~-~n end Se~ephene effoL~s a~e made So aseerSa~n Shat a purchaser ~s ever ~B years of ageT Per purposes ef Sh~s subd~v~s~enT apprepr~aSe eseerSa~n She age efe purchaser ~ne~udesT bus ~s nas p~an er pregramT So d~sSr~buSe free somp~es ef smeke~eos Sebaee~ produeSs w~Sh~n-a Swo b~eek radius of any premises o~ whose pr~ma~y purpose ko d~reeSed Seward persons under She age ~8 yea~s ~ne~ud~ngT bus nos ~a~Sed SoT sehee~sT e*ubheusesT yeuSh eenSersT when Shese premises are being used fe~ ~d? Per any ~ersen Se d~sSr~buSeT as parS.of any Shrough a ma~* camps&griT SEC~ 2_~. Division l~0 (commencin~ wi~h Section 300~0) is added to the Business and Pro~essions Code, to read: DIVISION 10. TOBACCO CONTROL CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 30000. This act shal~l b_~e ~nown and may be cited as the Gerald N. Felando Tobacco Control Act. 30001. "Soard" means ~he S~a~e Board o~ E~ualiza~ion. 30005. "License" means a license authorized to be issued by the board pursuant to this division. 30010. "Licensee" means a holder o~ a license issued bT the board pursuant to this division. 30015. "Person" means a person as defined in Section 6005 o~ the Revenue and Taxation Code. 30020. "Re,ail sale" means a sale ~or anz purpose o~her ~han resale in the ~e~ular course o~ business o~ anz tobacCo product, either over the counter or through a vending machine, as well as over-the-counter redemption o~ coupons or other vouchers that entitle a lawful bearer ~o receive tobacco produc~s a~ reduced cos~ or no cost. 30025. "Sample" means a ~obacco produc~ dis~ribu~ed to members o~ the ~ene~al public at no cost ~or purposes o_~ promotin~ the product. 30030. "Sam~lin~" means the distr£bu~£on o~ tobacco product samples, othe~ than pursuant to a coupon o~ other voucher. 30035. "Tobacco p~oduct" means any cigarette as de~£nedby Section 30003 o~ the Revenue and Taxation Code~ any tobacco product as de~£nedb_z subdivision (b) o~ Section 30121 o~ the Revenue and PAGE 4 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER= SB 376 BILL TEXT Taxation Coder and any other product that contains tobacco and is intended for human consumption. CHAPTER 2. RETAIL SALE LICENSES 30200. No ~erson shall engage in the retail sale of tobacco products on or after Januar~ 1, 1993~ unless the ~erson is authorized to do so by a license issued pursuant to this chapter, or is an employee o__r agent of a ~erson who has obtained a license issued pursuant to this chapter. For purposes of this chapter, the ~erson deemed to be engaged in the retail sale of tobacco products through a vending machine shall be the owner of the business establishment in which the vending machine is located. 30205. The annual license fee for the retail sale of tobacco in this state is as follows= (a} Sixty dollars ($60} for each place of business where tobacco products are sold over the counter at retail. The license shall be evidenced by a stamp affixed to the ~ermit issued for the place of business by the board pursuant to Article 2 of Chapter ~ of Part i of Division 2 of the Revenue and Taxation Code. A separate license shall be required for each place of business where tobacco products are sold over the counter at retail. (b} Thirty-five dollars ($35) for each vending machine. The license shall be evidenced by a stamp affixed to the machine or sign where the name and address of the owner of the vending machine are provided pursuant to Section 17570 of the Business and Professions Code. A separate license shall be rec~ired for each vending machine through which tobacco products are sold. (c} Ten dollars ($10} from each license fee collected pursuant to this section shall be subvented to the city, county, or city and county i__nwhich the licensed place o__fbusiness o__rvending machine'is located. 30210. Every application for a license under this chapter shall be made u~n a form provided by the board and shall set forth the name under which the applicant transacts or intends to transact business~ the location o__fthe place of business or vendln~ machine for which the license is to be issued~ and any Other identifying information as the board may require. 30215. Every license issued by the board pursuant t__o this chapter shall be valid for one year from the date of issuance and shall be renewed upon application except a_~s otherwise provided in this division. U~on notification of a change of address if required by the board~ ~ license shall b__e reissued for the new address without the filin~ of a new application. 30220. On or before July 1, 1992~ the board shall notify i__n writing, every ~erson who engages in the retail sale of tobacco products, including retail sale through vending machines~ of the license requirements imposed by this chapter. 30225. The board shall issue a license or renewal of a license within 30 days of receiving ~ properly completed application and PAGE 5 Display 1991-1992 Bill Text - INFORMATION BILL NUMBERs SB 376 BILL TEXT the applicable license fee. ~ license or renewal thereof shall not be withheld or denied except pursuant to Chapter 5. No terms or conditions shall be imposed for the issuance~ maintenance~ o__r renewal of a license except a__s s~ecified in this division. 30230. A~erson who engages i__nthe retail sale of tobacco products without a license as required by this chapter, o__r after a license issued pursuant to this chapter has been suspended or revoked~ l__s subject to a civil penalty i__n a__n action brought by the board of one hundred dollars ($100) for ~ first violation and two hundred dollars ($200)'for any second or subsequent violation within a one-year ~eriod. No ~erson shall be liable for more than one violation per day. 30235. A license under this chapter is not assignable and is .valid only for the person in whose name it is issued and for the place of business or vending machine designated therein. N__o~icense other than the license required under this chapter shall be required for the retail sale of tobacco products. CHAPTER 3. VENDING MACHINES 30240. A license shall not be issued pursuant to Chapter 2 to sell tobacco .products at retail through a vending machine unless the vending machine is located: (a) ~n an area of a factory, business, office, o__r othe__r place that is not open to the general public. (b) O__n any public premises as defined in Section 23039~ t__o which Persons under the age of 21 years are denied access pursuant to Section 25665. (c) On other premises to which Persons under the age of 18 years are not Permitted access. (d) O__npremises where the vending machine is under the continuous supervision of the licensee or of an employee of the licensee. (e) I__n any other place, but only if the machine can be operated only by the activation of an electronic switch by the licensee o__rby a__n employee 6f the licensee prior to each purchase. 30245. In any place where supervision of a vending machine is required by this chapter, the person responsible for that supervision shall require evidence of majority, as defined in subdivision (b) of Section 30500 from a prospective purchaser if an ordinar~ person would conclude on the basis of appearance that the prospective purchaser may be under the age of 18 years. CHAPTER 4. SAMPLING AND OTHER PROMOTION 30300. N__o person shall engagein tobacco product sampling on or after January 1, 1993~ unless that ~erson i__s authorized to do so by a license issued pursuant to this chapter, or is an employee o__r agent o__f ~ Person who has obtained a license. If a person contracts with a tobacco product manufacturer t__o distribute samples PAGE 6 DiSplay 1991-1992 Bill Text - INFORMATION BILL NUMBERs SB 376 BILL TEXT of the manufacturer's products, that ~erson shall be deemed to be the ~erson engaged i__n sampling for purposes of this section. Employees of a tobacco product manufacturer may be licensed individually t__o engage i__n sampling on behalf of the manufacturer~ but those e~loyees shall not be required to obtain individual sampling licenses if the manufacturer is licensed to engage in .sam~ling. 30305. The annual license fee for a tobacco product sampling license shall be fifty dollars ($50}. Every application for a license under this chapter shall be made u~on a form provided by the board and shall set forth the namer address~ and telephone · number of the applicant. Every license issued bythe board pursuant to this chapter shall be valid for one year from the date of issuance~ shall entitle the holder to engage in tobacco product.sampling a__t any lawful location in this state during the license term~ and shall be renewed u~on application except.as otherwise.provided in this division. A tobacco product sampling license shall not be required to distribute tobacco product samples in a place of business for which a license to sell tobacco products over the counter at retail has been issued pursuant to Chapter 2. 30310. The board shall issue a license or renewal of a license within 30 days of receivin~ ~ properly completed application and the applicable license fee. ~ license o__r renewal thereof shall not be withheld or denied except pursuant to Chapter 5. No terms or' conditions shall be imposed for the issuance, maintenance, renewal of a license except a__s specified in this division. 30315. A person who engages in tobacco product sampling without a license as required by this chapter, or after a license issued pursuant to this chapter has been suspended or revoked~ i__s subject to a civil penalty in an action brought by the board of one hundred dollars '($100) for a first violation and two hundred dollars ($200) for any second or subsequent violation within a one-year period. No person shall be liable for more than one violation ~er day. 30320. A license under this chapter is not assignable and is valid only for the person in whose name it is issued. No license other than the license required under this chapter shal__l required for tobacco product sampling. 30325. (a) N__o person shall distribute tobacco product samples o__n any public streetf sidewalkf o__r park, except i__n places to which persons under the age of 18 years are denied admission. (b) N__o person shall distribute tobacco product samples on any public streetf sidewalkf o__r park within 500 feet of any school or playground when those facilities are being used primarily by persons under the age of 18 years. (c} N__o person shall distribute any coupon, voucher~ or other promotional material that may be redeemed or exchanged for tobacco products unless that coupon, vouchers'or other promotional material states that the offer is available only t__o persons 1__8 years of PAGE 7 Display 1991-1992 Bill Text - INFORMATION BILL NUMBERs SB 376 BILL TEXT age or older. (d} N__o ~erson shall distribute tobacco product samples by mail without written~ signed certification that the addressee i__s 18 years of age or older. (e} Subdivision (a} shall not apply to locations ad~acent to factoriesr warehouses~ wholesale distribution facilities~ o__r construction sites if the licensee has furnished the board not less than seven days' written notice identifying the city and county, cities and counties~ in which the licensee intends to engage in sampling at such locations. · . 30330. The distribution of tobacco product samples, coupons, vouchers~ or other promotional materials in violation of any requirement or prohibition of Section 30325 is a public nuisance within the meaning of Section 3480 of the Civil Code and shall be subject to remedy by civil action for in~unctive relief. Nothing i__n this chapter shall be construed to impose any liability o__n any employee of the United States Postal Service for actions performed in the sco~e of his or her employment by the United States Postal Service. CHAPTER 5. SUSPENSION~ REVOCATION~ DENIAL~ AND NONRENEWAL O__F LICENSES AND SIGNS 30400. (a} U~on finding that a licensee~ or an employee or agent of the licenseer has been determined by courts of competent ~urisdiction to have committed during the license term two or more violations of this division involving the same place of business or vending machine for which the license was issued~ o__r the same holder of ~ tobacco product sampling license, the board shall notify the licensee in writing, served personally o__rbymail, that any subsequent violation thereof during the license ter~.may result in an administrative action to suspend the license for a period not to exceed 30 -days. (b) Upen finding that a further violation has occurred during the license term notwithstanding the notice provided under subdivision (a}, involving the same place of business or vending machine for which the license was issued, or the same holder of a tobacco product sampling licenser the board may initiate a__n administrative action. If an administrative action is initiated, the board shall immediately notify the licensee in writing of the initiation of the-- action and the reasons therefor~ and permit the licensee an opportunity, at least 14"days after written notice is served personally o__rby mail upon t~e licensee~ to show why suspension of the license would be unwarranted or unjust. -- (c} The board may initiate an administrative action to revoke a license that previously has been suspended under subdivision (b~if during the license term a further violation of this division is committed involving the same place of business or vending machine for which the license was issued, or the same holder of a tobacco sampling license. If an administrative action is-- initiated~ the board shall immediately notify the licensee in writing of the initiation of the action and the reasons therefor~ and permit the licensee an PAGE 8 Display 1991-1992 Bill Text - INFORMATION BILL NUMBERs SB 376 BILL TEXT op~ortun£t¥, at least 14days after written notice is served personally'o__rby mail u~on the licensee~ to show why revocation of the license would be unwarranted or unjust. (d} The board may refuse to grant or renew a license under this division to · an~ ~erson determinedb_~courts of com~tent ~urisdiction to have committed three ormore violations of this division during the year preceding the date on which, the license or renewal application is filed with the board. Before refusing t__o grant or to renew a license under this division~ the board shall give the applicant an opportunity, at least 14 days after written notice is served ~ersonally o__rbymail u~on the applicant, to show why the denial or nonrenewal would be unwarranted o__run~ust. (e) ~ ~erson whose license has been suspended o__r revoked pursuant t__o this division shall pay the board a fee of fifty dollars ($50) for the renewal or -. reissuance of the license. For purposes of determining the liability of ~ersons controlling franchises or business o~erations in multiple locations for a second or subsequent violations of this division each individual franchise.or business location shall be deemed a separate entity. (f} The board shall not suspend o__r revoke any license issued under this division~ or refuse to grant, o__r deny renewal oft any license on the ground of unlawful sale or distribution of tobacco products to ~ersons under the age of 18 years unless the board determines after notice and hearing, based on a preponderance of the evidence~ that the licensee has been engaged in a pattern o__rpractice of selling o__rotherwise distributing tobacco products t__o persons under the age of 18 years in this state. (g) A licensee shall not be subject to any fine, civil ~enalty, or sus~ension~ revocationr denial~ o__r nonrenewal of a license by reason of violations of this division that are committed by employees or agents of the licensee if the licensee affirmatively demonstrates that the licensee had taken reasonable steps at the t~Jne of those violations t__o prevent those violations by employees or agents. (h} Judicial review of an action of the board under this division may b__e co~mmencedby filing ~etition for writ of mandate in accordance with Chapter ~ (commencing with Section 1084) of Titl__e ~ of Part ~ of the Code of Civil Procedure. ~ ~etition shall be filed within 30 days after the date on which notice of the action is received bythe ~etitioner. The right to petition shall not be affected by the failure to seek reconsideration before the board. The substantial evidence standard of review shall apply. C~APTER 6. M~NORS 30500. (a} Every person, firm~ or corporation which knowingly sells, gives, or.in any way furnishes to another person who is. under the age of 18 years any tobacco~ cigarette, o__r cigarette papers, o__r any other preparation of tobacco~ or any other instrument or paraphernalia that is designed for the smoking or ingestation of tobacco¢ products prepared from tobacco~ o__r any controlled substance~ is subject either to a cr~ninal action for a misdemeanor o__r to a civil action brought by ~ city attorney, ~ county counsel~ or a district attorney, punishable by~ fine of tw° hundred dollars ($200) for the first offense~ five hundred dollars ($500) for the second offense~ and one thousand dollars ($1,000) for a third offense. PAGE 9 Display 1991-1992 Bill Text - INFORMATION BILL NUMBERg SB 376 BILL TEXT (b} Proof that a defendant; or his or her employee or agent~ demanded~ was shown; and reasonably relied upon evidence of majority shall be a defense to any action brought pursuant to this section.. Evidence of majority o__f~erson is a facsimile of or a reasonable likeness of a document issued by a federal, state~-county, o__r munici~al government~ o__r subdivision o__r agency thereof~ includt~gf but not limited to~ a motor vehicle operator's license, a re(~lstration certificate issued under the federal Selective Service Act~ or an identification card issued to a member of the armed forces. (c} For purposes of determining the liability o__f person, firms, or cor~orations controlling franchises or business o~erations in multiple locations for the second and subsequent violations of this section, each individual franchise o__r business location shall b__edeemed ! separate entity.. 30505. {a} Ever~person under the age of 18'years who purchases, receives, o__r. possesses any tobacco~ cigarette~ o__r cigarette papers, o__r any other preparation of tobacco~ o__r any other instrument o__rparaphernalia that is designed for the smoking o__ftobacco~ products prepared from tobacco, or any controlled substance shall~ upon conviction~ b__e punished by a fine of fifty · dollars {$50} or 25 hours of community service work for a first offense, and a fine of fifty dollars {$50} and 50 hours of community service work for a second or subsequent offense within a one-year ~eriod. {b} Every ~erson under the age of 18 years who presents or offers to any person any written~ printed, o__rphotostatic evidence of age and identity which is falser fraudulent~ or not actually his or her own~ for the purpose of purchasing, attempting t__o purchase, or otherwise procuring or attempting t__o procure, any tobacco~ cigarette~ o__r cigarette papers, o__r any other preparation of tobacco~ o__r any other instrument o__r paraphernalia that i_~$ designed for the smoking o__ftobacco~ products prepared from tobacco~ o__r any controlled substance is guilty o__fi public offense~ and shall~ upon conviction~ b__e punished by a fine of fifty dollars ($50} or 25 hours of community service work for a first offense and a fine of fifty dollars {$50} and 50 hours of community service work for a second or subsequent offense. 30507. {a} On and after January 1, 1993~ every ~erson who has obtained a license to sell tobacco, products at retail over the counter shall post conspicuously and keep s__oposted at the place of business for which the license was issued a sign, no smaller than 8 1/2 by 1--1 inches~ so as to assure that it is readable and likely to be read at each point of sale~ stating the following: STATE LAW WARNING: IT IS ILLEGAL TO SELL TOBACCO PRODUCTS TO ANYONE UNDER THE AGE OF 18 YEARS IT IS ILLEGAL FOR ANYONE UNDER THE AGE OF 18 YEARS TO PURCHASE TOBACCO PRODUCTS (b} The Secretary of State is hereby authorized to have printed sufficient copies of this sign to enable him or her to furnish licensees with copies thereof upon their request for the same. 30508. Violation of Section 30507 by a licensee shall be punishable by ! civil penalty of ten dollars ($10} for the first offense and fifty dollars ($50) for each succeeding violation during the license term. CHAPTER 7. BILLBOARD ADVERTISING PAGE 10 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER: SB 376 BILL TEXT 30600. O__no__r afte__rJanuaryl, 1993r n__o ~erson shall advertise or cause to b__e advertised tobacco products o__n any outdoor billboard located within 500 feet of any elementary school~ ~unior high school~ o__r high ~chool. This prohibition shall not apply.t__o advertisements erected or maintained at street level and affixed to business establishments licensed to sell tobacco products over the counter at retail pursuant to.this division. 30605. Any ~erson who advertises or causes to be advertised tobacco products in violation of Section 30600 shall be punished by a civil fine not to exceed five thousand dollars ($5,000). CHAPTER 8. SMOKING IN PUBLIC PLACES 30700. (a} Except a__sprovided in this chapter, smoking i__sprohibited i__n public places. (b} As used in this division: (1) "Smoking" means the carrying o__r holding of a lighted cigarette, cigar, pipe, o__r any other tobacco product. (2} "Public place" means any enclosed indoor area o~en t__o the general public, including theatres~ educational facilities, health facilities~ public transportation facilities~ retail services establishments, retail food production and market establishments, gymnasiums, health spas, libraries, museums~ and galleries. (3} "Restaurant" means any coffeeshop~ cafeteria, short-order cafe~ luncheonette~ tavern~ cocktail lounge, sandwich stand~ soda fountain, private and public school cafeteria or eating establishment, in-plant or employee eating establishment~ and any other eating establishment~ organization~ club, including veterans' club~ boardinghouse~ guesthouse~ o__r~olitical subdivision, which gives, sells~ or offers for sale, food to the public~ quests, patrons, o__r employees as well as kitchens in which food is prepared on the premises for serving elsewhere~ including catering functions. The term "restaurant" shall not include itinerant restaurants~ vending machines~ vehicles~ cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee i__s assigned full time to care for or operate equipment used in such arrangement~ o__r priVate homes~ nor shall the term "restaurant" include churches~ church societies~ private clubs~ or other nonprofit associations o__f~ religious~ philanthropic, civic improvement~ social~ political~ o__r educational nature~ which purchase food~ food products, or beverages or which receive donations of food, food products, or beverages for service without charge to their members~ o__r for service or sale at a reasonable charge to their members or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold~ if the service or sale of such food~ food products, or beverages does not constitute ~ primary purpose o_~r function of the club or association~ and if no emplOyee or member is assigned full time to care for or o~erate equipment used in such arrangement. (4} "Public place" does not include Workplaces or bars. As used in this chapter, "bar" means an area which is devoted to the service of alcoholic beverages for consumption on the premises and in which the serving of food, if any, i__s incidental to the consumption of alcoholic beverages. When a bar is PAGE 11 Dlspl&y 1991-1992 Bill Text - INFORMATION BILZ. ~E.q.~ SE 376 BIIJ., ~XT o~erated within a building in conjunction with.another user including, but not limited tor a restaurantr only the area used primarily for the consumption of alcoholic beverages shall constitute a bar. The dining area shall not constitute ~ bart even though alcoholic beverages may b__e served therein. (5) "Nonsmoking area" means any area within a building where smoking i__s prohibited. (6) "Smoking area" means any area within a building where smoking i__s ~ermitted. .(c)~The prohibition of this section shall not apply to the following .~plaoee~ (1} Private resldences~ except when used a__s~ child or health care facility. (2} Hotel and motel rooms rented to guests, unless they are designated nonsmoking rooms. , (3} Establishments devoted primarily to the retail sale of tobacco products. (4) Restaurant~ hotel and motel conference or meeting rooms, and public and private assembly roomswhile these places are being ~sed for private functions. (5} Gaming clubs registered pursuant t__o chapter ~ (commencinq with Section 19800} of Division 8. (d} Nothing in this chapter shall be construed to prevent the owner, operator, or other person in charge o__f any public place from prohibiting smoking entirely i__n any such place under his o__r her control, including any place enumerated i__n subdivision (c). 30710. Smoking may b__epermitted i__nupto 50 percent o__f the. service area of a restaurant provided that a contiguous area of the restaurant of not less ~han 50 percent of.the service area shall be designated a nonsmoking area. 30715. Smoking may b__e~ermitted in private boxes in indoor sports arenas and in up to 25 percent of the concourse and seating areas of indoor arenas, the concourse area of any bowling alley, or the public areas of office buildings~ hotelsr motelsr and shopping malls. 30720. (a} It is unlawful for any person to smoke tobacco or any other plant product i__n any vehicle of a passenger stage corporationr }he National Railroad Passenger Corperation' (Amtrak}.except }o the extent Permitted by 'federal law~ i__n any aircraft except to the extent permitted by federal law, on ~ public transpertation system, as defined by Section 99211 of the Public Utilities Coder o__r i__n any vehicle of an entity receiving any transit assistance from the state. A notice prohibiting smoking, displayed as a s~mbol and in English, shall be pested i__n each vehicle o__r aircraft subject to this subdivision. (b} Every ~erson o__r public agency providing transpertation services for compensation~ includingr but not limited to, the National Railroad Passenger Corperation (Amtrak} to the extent permitted by federal law, passenger stage corporationsr and local agencies which own or operate airports, shall PAGE 12 Display'1991-1992 Bill Text - INFORMATION BILL N~MBER~ SB 376 BILL TEXT designate a conti~uous area of not less than 7__5 ~ercent of any area made available by the ~erson or public agency as a waiting room for passengers where the smoking of tobacco i__eprohibited and shall ~ost that area with signs of sufficient number located s__othat they may b__e readily seen by~ersons within that area. Not more than 25 ~ercent of any given area may be set aside for smokers. (c} Ever~ ~erson o__rpublic agency subject to subdivision (a} shall also ~ost, by signs of sufficient number and posted ~n locations as to be readily seen.by~ersons within the area of any building where tickets~ tokens~ o__r other evidences that a fare has been paid for transportation services which are provided by the person or public agency, a notice that the smoking o__f tobacco by persons waiting in line to purchase the tickets~ tokens~ or other evidences that ~ fare has been paid is prohibited. It is unlawful for a porson to smoke in an area posted pursuant to this section. 30725. A violation of this chapter shall be an infraction punishable by ~ fine not to exceed one hundred dollars ($100} for a first violation, by a fine not to exceed two hundred dollars ($200) for ~ second violation within one year, o__r by a fine not to exceed five hundred dollars ($500} for a third or any subsequent violation within the same year. CHAPTER 9. SMOKING IN THE WORKPLACE 30800. Except a__sprovided i__nthis chapter, i__t i__s unlawful to smoke in any workplace in this state. 30805. As used in this chapters. (a) "Workplace" means any enclosed indoor area i__nwhich two or more individuals are employed o__n~ full-time basis and t__owhich the general public does not have access~ except by specific invitation. (b} 'Industrial facility" means any factory, warehouser o__r distribution facility. 30810. Smoking may b__e~ermitted in private enclosed offices~ conference rooms and lecture rooms in which all present consent to smoking, i__n company vehicles with the consent of all those present in the vehicle~ and in designated smoking lounges. 30815. Smoking may b__epormitted in up t__o 2__Spercent of the seating area of an employee cafeteria. 30820. The prohibition against smoking in the workplace set forth in this chal~ter shall not apply t__o any industrial facility. 30825. Nothing in this chapter shall be construed to prevent the owner of any business or place of employment from prohibiting smoking entirely o__n any premises under his or her control~ including any industrial facility. 30830. Smoking and nonsmoking areas designated pursuant to this chapter shall be clearly indicated bythe posting of signs. Existing physical barriers and ventilation systems shall b__e used~ t__o the extent practicable~ t__o minimize the drifting o__f smoke from smoking to nonsmoking areas. 30835. -~(a} N__o employer, unless based upon ~ bona fide occupational ~ualification~ shall fail or refuse to employ, or shall discriminate against i__n any manner with respect to terms or conditions o__f employment, or shall discharge any ~erson o__r employee, because that ~erson or employee i__s~ ~onuser of tobacco products or uses tobacco products during nonworking hours and at PAGE 13 Display 1991-1992 Bill Text -.INFORMATION BILL NUMBER~ SB 376 BILL TEXT locations other than premises of the employer. (b} This section shall not apply to the terms, and conditions o__nwhic__h health or other insurance is offered to any ~erson. (c} This section shall not apply to: (1} ~ nonprofit organization which~ as one of its principal missions~ advocates a policy of a smoke-free society. (2} A for-profit corporation o__r for-profit organization~ whose principal mission i_~8 the advocacy, counseling~ o__r promotion of programs related to the discontinuance of tobacco use. (3} Employees o__f any employer engaged in an activity o__r program related to the advocacy, counseling~ o__rprom0tion o__fprograms related to the discontinuance of tobacco use. (d) This section shall not apply to nonsmoking conditions re?ired by government entities for ~ersonnel entitled to receive a workers' compensation presumption pursuant to Chapter A (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code. (e} This section shall not create a cause of action regarding any employment practice'which occurred prior to July1, 1991. 30840. Nothing in this chapter shall affect the rights of employees under any collective bargaining agreement. 30845. A violation of this chapter shall be an infraction punishable by ~ fine not to exceed one hundred dollars ($100} for a first violation, by a fine not to exceed two hundred dollars ($200} for a second violation within one year, o__r by a fine not to exceed five hundred dollars ($500} for a third and for each subsequent violation within one year. CHAPTER 10. ADMINISTRATION 30900. The board shall carL-/ out the provisions o__f~his division and may contract with other agencies it deems necessary to carry out.licensing and other related activities under this chapter. The division may use an ex~edited contracting procedure for the fiscal year immediately following the effective date of this division. 30905. Ail fees~ civil penalties~ and fines collected pursuant to this division shall be de~osited in the General Fund. 30910. The Legislature finds and declares that the need for uniform 8tatewide re~ulation~ as set forth in this act~ is a matter of statewide concern~ and that this act shall apply without limitation to all charter cities~ charter counties~ and charter cities and counties, and it is the Legislature's intent to regulate the subject matter of this act comprehensively-and to occupy the field to the exclusion of local action. No ordinance or regulation of any city, town~ county, city and county~ or other ~olitical subdivision o__r agency of this state~ o__r any local ordinance or regulation ado~edbythe use of an initiative measure~ may prohibit or in any way attempt t__o regulate the 8ale~ distribution, advertising, o__r promotion of tobacco products, smoking i__npublic places, o__r smoking i__nworkplaces~ except, this section shall not apply t__o any local ordinance or regulation in effect on July 1, 1991. SEC. 3. Section 1234 of the Health and Safety Code is repealed. · ~94T ~&~ Smoking sheLL ne~ be pe~-m~ed ~n pa~en~ a~eae e~ e PAGE 14 Display 1991-1992 Bill Text - INFORMATION BILL NUMBERs SB 376 BILL TEXT eLAn~e except these ~eeme designated foe eeeup&ney exeLueAveLy by ~L~ State that smoking Aa unLawfuL and be eonapAeueusLy posted byT eF en behalf eft the owneF eF manageF of such eLAnAeT ~n aLL ~? ~dentAfy =smokAng peFmAtted= aFeasT and be posted byT eF on behalf eft the ewner er manageF of ouch eLAnAeT enLy a eLAnAe wheFe amekAng Aa LawfuLLy peFmAttedT ~f aamokAng permAtted= sagas aFe poa'tedT theFe shaLL also be aonepAeueueLy peatedT neaF aLL ma~er entFaneeaT eLea~Ly stating that omekAng ~s unLawfuL except An areas designated ~e? ~hAe aeetAen shaLL net apply to skALLed nursing ~nteFmedAate safe faeALAtAeeT and An~eFmedAate safe the deveLopmentaLLy d~aabLedT SEC. 4. Sect£on 1286 o~ the Health and S~et¥ Code £s repealed. L286T ~a~ SmekAng shaLL be pFohAbAted An patAent safe aFeas7 we~tAng FoomaT and vAsAt~ng Foams of a health faeALAt~T these aFeas spee~fAeaLLy desAgnated aa emek~ng aFeaaT and tb~ 8mokAng shaLL net be permAtted An a patAent Feem unless aLL peFsena assigned to ouch Feem have Fee~ueated a Feem wheFe Aa peFm~ttedT ~n the event that the health faeALAty eeeupaney has Feaehed eapae~tyT the health ~aeAL~t~ ahaL~ have reasonable te~ eLeaFLy LegibLe e~gna shaLL t~ 0tare that smekAng Aa unLawfuL and be conspicuously posted byT er on behalf oft the owneF eF manageF ef such health faeALAtyT An aLL aFeas efa health faeALAty wheFe 8mekAng ~ ~dentAfy =amek~ng'peFm~tted~ aFeaeT and be pasted by~ e~ ea behalf eft the owner eF manageF ef ouch health fa~ALAtyT areas ef the health faeALAty where amekAng As LawfuLL~ ~f =emokAng permAtted= sagas eFe ~oostedT there sha~L also be eonaP*euouaLy poatedT neaF aLL me,oF entFaneeaT eLearL~ stat*ag that amekAng Aa unLawfuL except An aFeaa deeAgnated ~e~ ~h~a aeet~en shaLL net app~ to akALLed nu~aAng AnteFmedAate safe faeALAtAesT and AntermedAate sere the deveLepmentaLLy dAsabLedT SEC. 5. Chapte~ 10.8 (¢orr~en¢£n~ ~£th Sec~£on 25940) o~ the Hea~th and Sa~etz Code £a Fepea~ed. SEC. 6; Sect£on 308 o~ the Pena~ Code £8 ~epealed. oeLLoT gAvesT oF *n any way fuFnAshee to anotheF peFson whe undeF the age ef L8 years any tebaeee~ eAgaretteT oF PAGE 15 Display 1991-1992 BAll Text - INFORMATION BILL NUMBER= SB 376 BILL TEXT pape~e~ ee a~y e%he~ p~epa~e%*en e~ %ebeeee~ e~ may e%he= ~ngesk~on ef kobeeeeT poedueke pFepeFed f~om kebeeeeT e~ eenk~oLLed eubekanee~ ~e sub,ask ke e~khe~ e e~u~neL eek~on faf a kwe hundred doLLars ~$~e97 for khe f~Fsk effeneeT f~ve hundred deLLe.~s ~$S99~ faf khe ascend effense~ and erie khousand #ekw~khekand~ng Seek~en L464 eF any ekhe~ p~ev~e~en pe~eenk of each e~v~L and e~i~a~naL penaLky eoLLeeked puFsuank kh~s subd~v~s~en shaLL be pa~d ko khe off~ee ef khe e~ky bringing khe sueeessfuL aek~anT and aS pereenk ef each e~v~L and e~bn~naL penaLky eeLLeeked puFsuank ko kh~s subd~v~s~en shaLL be pa~d ko khe e~ky eF eeunky faf khe adm~n~skFak~en and ees~ eommun~ky eeFv~ee wo~k eompenenk pFev~ded ~n subdivision PFoof khak a defendank~ oF h~s eF he~ employee e~ agenk7 demanded~ was shewn~ and ~eanonabLy ~eL~ed upon evidence shaLL be defense ko any ack,on bFeughk puFsuank ko subd~v~e~onT By,dense of ma~eF~ky of a peFsen ~s a fass~:m~Le eFa ~eaeonabLe L~keness of a deeumenk ~ssued by a fedeFaL~ eeunkyT e~ municipal geve~nmenk~ eF subd~v~s~en eF agency a Feg~ekrak~en eeFk~f~eake ~ssued un~eF khe Pede~aL SeLeek~ve khe kobeeee vending machine upon pFem~ses he oF she manages ekherw~se eenk~eLs and under e~Feums~anees ~n which he eF she has knowLedge~ oF should ekheFw~se have §Founds for knowledge7 ~ha~ kebaeeo vending machine w~LL be uk~L~ed by m~ne~sT ~b~ BveFy poFsen undeF khe age ef L8 yea~s whe puFehases ~eee~ves any kobaseo~ e~ga~ekkeT oF e~garekke papors~ er any pFepo~ak~en of kobasse~ oF any ekher ~nskFumenk oF kobaeeo~ eF any eenkFeLLed subskanee ohaLL~ upon. eenv~ek~en7 be punished by e f~ne ef f~fky doLLaFs ~$597 e~ ~5 heuFs of ~e? BveFy peFsen~ f~Fm eF eeFpoFak~en which seLLo~ e~ deals kobaeeo e~ any pFepa~ak~en kheFeefz shaLL peek eensp~eueusLy and keep so peeked ~n h~sT heF~ eF khe~F pLeBe of bus,ness a kh~s aek~ and any sueh poFsen fabling ko de se shaLL upon eenv~ek~en be punished by a f~ne ef ken deLLaFs ~$L9~ faf f~Fsk effense and f~fky deLLaFs ~$S9~ faf each succeeding ef kh~s pFov~s~en~ e~ by ~mpF~oanmenk for nek me~e khan 99 · he SeeFekaFy ef 8kake ~s heFeby aukhaF~zed ke have suff~e~enk eep~es of kh~s aekke enable h~J:m oF he~ ko PAGE 16 Display 1991-1992 Bill Text - INFORMATION BILL NUMBERs SB 376 BILL TEXT dea~e~s *n ~ebaeee w~h eep~ee ~heree! upen ~he~ ~eques~ ~e~ ~he ~d~ Pe~ panpeeee e~ de~ez,m~n~ng ~he ~ab~y e* pe~eens7 eeepeea~ens een~ee~nq ~eaneh~see ee bus,ness epera~ene ~eea~&ene ~e~ the oeeend and eubee~en~ v~e~a~one e~ ~h~e eee~&on7 each ~nd~v~dua~ f~aneh~ee e~ bus,ness ~oea~on 8haL~ be de~ed a ~e~ ~ ~a ~he ~eg~o~e~uFe~8 ~n~en~ ~o Fe~u~e~e ~he oub~ee~ me~e~ eee~enT Aa a Feou~ ne e~y~ eeun~ e~ e~ and eeun~ eha~ a~ep~ e~d~n~ee eF ~e~La~en ~neene~e~en~ w~h ~h~e eee~env ~f? Noew~eheeand~ng any e~heF p~ev~o~en of ~h~e 8ee~en~ She e~ee~e~ eeFeeee~one may .e~ e~ supply eebaeee and eebaeee pFedueee~ ~ne~ud~ng e~ga~ee~ee and e~gaFee~e pa~Fo~ ~e any ~oen send,ned ~ae~ey unde~ h~e~ he~ e~ ~ee ~u~ed~e~en whe has aeea~ned ~he age yea~o~ ~f She pa~en~ eF ~a~d~an ef ~he ~sen eeneen~e ~he~e~e~ and may ~ smoking by any such ~een ~n any ouch ~ne~ue~en e~ ~ae~yv Ne ef~eee e~ ~p~eyee ef ~he eepaF~mene e~ ee~ee~ene shaLL be eens~de~ea ~e have v~o~aeed eh~e session by any ae~ au~heF~med by ~h~e eubd~v~o~env SEC. 7. Section 308b of the Penal ~de ~s re~aled. 398bT ~e~ s~eepe aa p~ev~ded ~n eubd~v~o~en ~b?~ eveFy ~sen who ~ow~ng~y de~ve~e e~ causes ee be deC,vexed ee any ~ee~denee ~n eh~e 8eaee any eebaeee pFedueee unsegmented by any ~oen ~eo~d~ng ehe~e~n ~$ ~ey e~ a m~ed~eaneFv ~b~ ~e ~e a defense ~e a v~o~a~en ef eh~e oee~en eha~ She ~ee~p~en~ of She eebaeee p~edue~e ~o ~eena~y ~ewn ee She defendane ae She e~e e~ She de~veFyv ~e~ ~he d~e~bue~en e~ unee~e~eea eebaeee p~edue~s ee ~eo~denees ~n v~eLae~en ef ~h~s eee~en ~a a nuisance w~eh~n ~he meaning e~ See~en 94~9 of She e~v~ eedev ~d? Neeh~n~ ~n ~h~e oee~en oha~ be eens~ued ee ~se any ~~ey en any emp~eyee ef She en~ed 8~a~es Pee~a~ SeFv~ee fe~ ae~ona ~F~e~ed ~n She oeepe e~ h~e emp~e~en~ by She en~ed S~aeee Poe~a~ 8e~v~eev SEC. 8. X~ any prov~s~on o~ th~s act or ~ts app~cat~on to any ~rson or c~rcumstance ~s he~d.~nval~d~ th~s sha~ not a~ect other provisions or a~pl~cat~ons o~ th~s act that can be 9~ven e~ec~ w~hout the ~nva~d ~rov~s~on or application, and to ~h~s end ~he provisions o~ th~s act are severable. SEC.-- 9~ Un~ess othe~se s~c~ed~ th~s act shall become e~fe~ve on ~uly ~ ~992. Ho re~urs~nt ~s red,red b~ th~s act pursuant to section e o~ ~t~cle xxx~S o~ the California Constitution because the only costs which may be PAGE 17 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER~ SB 376 BILL TEXT incurred by a local agency or school district Will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infract'lon. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. PAGE 1 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER: SB 1100 BILL TEXT AMENDED IN SENATE JUNE 9, 1991 AMENDED IN SENATE MAY 20, 1991 INTRODUCED BY Senators Bergeson and Petris MARCH 8, 1991 An act to add Chapter 12.7 (commencing with Section 25967) to Division 20 of the Health and Safety Code, relating to tobacco distribution. LEGISLATIVE COUNSEL'S DIGEST SB 1100, as amended, Bergeson. T~baeee Smokeless tobacco and cigarette distribution. Existing law prohibits any person from offering, as part of an advertising plan or program, promotional offers of smokeless tobacco products which require proof of purchase of a smokeless tobacco product, unless it designates that the offer is not available to minors. Existing law prohibits any person from distributing free smokeless, tobacco samples within 2 blocks of any premise or facility which is intended to be used by minors. Under existing law, any person, firm or corporation who knowingly sells or gives a minor any tobacco, cigarette, or any other preparation of tobacco is subject to a misdemeanor criminal action or civil penalty of-at least $200. This bill would prohibit any person, agent, or employee of a person in the business of, selling or distributing ~beee~? smokeless tobacco ? or cigarettes ? e~ e~he~ ~ebeee~ p~ed~e~s from engaging in the nonsale-- distribution of smokeless tobacco and eebeeee p=~me~s o__r cigarettes to any person on or in public property, as specified. This bill would define various terms for purposes of its provisions. This bill would make each violator of these provisions subject to a specified civil penalty. This bill would not preempt any existing or proposed local ordinances which are more stringent in regulating smokeless tobacco o__r cigarette sample distribution than the provisions of this act. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. PAGE '2 Display 1991-1992 Bill Text - INFORMATION BILL NUMBERs SB 1100 BILL TEXT THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS= SECTION 1. Chapter 12.7 (commencing with Section 25967) is added to Division 20 of the Health and Safety Code, to read= CHAPTER 12.7. TOBACCO DISTRIBUTION 25967. (a) The Legislature hereby finds and declares the following: (1) Smoking is the single most important source of preventable disease and premature death in California. (2) Smoking is responsible for one-quarter of all death caused by fire. (3) Tobacco-related disease places a tremendous financial burden upon the persons.with the disease, their families, the health care delivery system, and society as a whole. (4) Despite laws in at least 44 states prohibiting the sale of tobacco products to minors, each day 3,000 children start using tobacco products in this nation. Children under the age of 18 consume 947 million packages of cigarettes in this country yearly. (5) The earlier a child begins to use tobacco products, the more likely it is that the child will be unable to quit. (6) More than 60 percent of all smokers begin smoking by the age of 14, and 90 percent begin by age 19. (7) Use of smokeless tobacco products among minors in this state is increasing. (8) Smokeless tobacco or chewing tobacco is harmful to the health of. individuals and may cause gum disease, mouth or oral cancers, increased tooth decay and leukopalkia. (9) Tobacco product advertising and promotion are.an important cause of tobacco use among children. More money is spent advertising and promoting tobacco products than any other consumer product. (10) Distribution of tobacco product samples and coupons is a recognized source by which minors obtain tobacco products, beginning the addiction process. (11) It is the intent of the Legislature that keeping children from beginning to use tobacco products in any form and encouraging all Persons to quit tobacco use shall be among the highest priorities in disease prevention for the State of California. (b) It is unlawful for any Person, agent, or employee of a person in the business of selling or distributing e~gare~%esT or e~her %ebasco predue~s smokeless tobacco or cigarettes from engaging in the nonsale distribution of ~n any ~eba~ee? PAGE 3 Display 1991-1992 Bill Text - INFORMATION BILL N~MBER~ SE 1100 BILL TEXT smokeless tobacco or cigarettes to any person in any public building, park or playground, or on any public sidewalk, street, orother public grounds. (c) For purposes of this sections (1) "Distribute" means to give tobeeseT smoke~ess tebaeeeT er ethe~ tobacco pFoduets to the smokeless tobacco or cigarettes general public at no cost, or at nominal cost, or to give coupons or rebate offers for tabasco? smeke~ess tobaeee~ e~gaFettee~ e~ etheF tebaeee p~eduets smokeless tobacco or cigarettes at no cost or at nominal cost. (2) "Smokeless tobacco" means (A) a loose or flat, compressed cake form of tobacco that may be chewed or held in the mouth or (B) a shredded, powdered, or pulverized form of tobacco that may be inhaled through the nostrils, chewed, or held in the mouth. (d) Any person who violates this section shall be liable for a civil Penalty of not less than two hundred dollars ($200) for one act, five hundred .dollars ($500) for two acts, and one thousand dollars ($1,000) for three or more acts in violation of this section. Each distribution of a single package, coupon, or rebate offer to an individual member of the general public in violation of this section 8hall be considered a separate violation. (e) Nothing contained in this section or any other provision of law shall invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a city or county regulating distribution of tab&eeo smokeless tobacco o__r cigarette samples within its boundaries which is more restrictive than this section. If this occurs, the more restrictive local ordinance shall control to the extent of any inconsistency between it and this section. DRAFT. CITY Of BAKERSFIELD LEGISLATIVE AND LITIGATION COMMITTEE REPORT NO. -91 AUGUST 14, 1991 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 'SUBJECT: SENATE BILL 376 AND SENATE BILL 1100 As part of its review of Sacramento legislation and at the request of the Kern County Tobacco Coalition the Legislative and Litigation Committee addressed smoking issues inherent in both Senate Bill 376 (Hill) and Senate Bill 1100 (Bergeson). Senate Bill 376 would preempt all local ordinances governing smoking which were not in effect on July 1, 1991. While in support of statewide standards on smoking and tobacco legislation, the Legislative and Utigation Committee is adamantly opposed to the preemption of local ability to enact stricter ordinances. Cities that are contemplating smoking ordinances or updating their existing ord~nces would be preempted from doing so because of SB 376. Senate Bill 1100 (Bergeson), on the other hand, prohibits any person from distributing free samples of cigarettes or smokeless tobacco in public areas as well as vouchers or coupons for free tobacco products while allowing cities and counties the ability to enact stricter ordinances if so desired. Both bills address several smoking issues. The California Medical Association, heart, lung and cancer societies, and the Kern County Tobacco Coalition are opposed to SB 376 on health issues. The League of California Cities, Assemblyman Trice Harvey, and the Legislative and Litigation Committee feel that the bill clearly preempts local governmental rule. Preemption of local control is of major importance. Because SB 376 attempts to preempt local control it should be opposed. SB 1100 sets a realistic statewide standard while allowing cities to maintain local control. Therefore, the Legislative and Litigation Committee recommends the City Council accept this repOrt, and pass the resolution opposing SB 376 and supporting SB 1100. Furthermore, the Committee recommends that the City Council direct the City Clerk to forward'the resolution to Bakersfield's LegislatorS before August 19, the day the Legislature returns from summer recess. Respectfully submitted, Councilmember Patricia J. Demond, Chair Councilmember Lynn Edwards Councilmember Patricia M. Smith (L&L0491) DRAFT RESOLUTION NO. A RESOLUTION OPPOSING SENATE BILL 376 (HILL) WHICH PREEMPTS LOCAL TOBACCO CONTROLS AND SUPPORTING SB 1100 (BERGESON) WHICH INSTITUTES STATEWIDE STANDARDS WHEREAS, Senate Bill 376 would preempt all local smoking ordinances either projected or considered after July 1, 1991, and WHEREAS, Senate Bill 1100 .institutes statewide standards for the governing the distribution of free samples of cigarettes or smokeless tobacco and the distribution of vouchers or coupons for free tobacco products, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield that SB 376 as currently constituted is hereby fully opposed and that SB 1100 as currently constituted is fully supported. \ .......... 000 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield (L&L04911 ) City of Bakersfield 1991-92 Legislative Platform The City of Bakersfield provides governmental decision making at the level closest to the people. It, therefore, is encumbent upon its elected officials to provide legislative leadership within the City's borders as well as when dealing with other legislative entities. The folloWing policy statements reflect the legislative platform of the City of Bakersfield for 1991-92. GENERAL POLICY STATEMENTS Support legislation which enhances the City's ability to finance and economically, efficiently, and effectively provide local discretionary and state or federally mandated programs. Support legislation which provides for governmental decision making at the level closest to the people whenever it is most likely to produce the most effective and efficient result. Support legislation which enhances local land use decision-making authority. QUALITY OF LIFE Support legislation which promotes safe, efficient, cost effective, and responsible management of the environmental components of issues such as air quality, transportation, wastewater treatment, and solid waste management. Support legislation which increases city participation in state and federal issues of regional concern. Support legislation which provides continued funding of recreational and open space programs of support. Support legislation that calls for appr;opriate municipal representation on policy-making bodies with interjurisdictional powers (i.e., LAFCO, COG, ID-4). Support drug abuse prevention legislation. 1991-92 Legislative Platform Page 2 July 31, 1991 GENERAL GOVERNMENT Support 'legislation which expands the City's ability to deal on a state level with state-mandated issues affecting the financial condition of the city. Support legislation which enhances local control over program scope, implementation, and funding. Support legislation Which provides for equitable distribution of state funds for local programs. Oppose legislation which intrudes into the local collective bargaining process. FINANCES Support legislation advocating responsible and reasonable methods for the costs of implementation of state-mandated programs if alternative independent sources of revenue are provided and such legislation is of clear benefit to the city. Oppose the imposition of fees at the local level to fund state programs not related to local matters. Support legislation which reduces the negative financial and operational impacts of tax increment financing on affected agencies. Support legislation which improves local government's ability to finance discretionary programs. Support legislation which promotes continued economic diversification of the local economy. (m0731911) CITY MANAGE TO: J. DALE HAWLEY, . /~ ~ FROM: JACK HARDISTY, PLANNING DIRECTO DATE: JULY 30, 1991 SUBJECT: AB 350 - THE CALIFORNIA RIVERS RIPARIAN PARKWAY ACT Attached is correspondence from the State Lands Commission regarding the above. Basically, the bill would provide a mechanism through which river parkway plans approved by the State Lands Commission. (acting as program administrator) would be eligible for implementation funding in the form of grants from a .newly created "Natural Resources Restoration and Development Fund". The State Lands Commission is requesting letters of support for" the'bill to Governor Wilson. I have the following concerns regarding this bill: o The City's Kern River Parkway Plan could be submitted to the. State Lands Commission for evaluation under the standards which are.developed. Although it is not' clear in the bill, those standards would· likely result' o Chapter Five of the bill provides the State with significani, powers tO regulate (even through possible ownership) lands within parkway Plan areas if the plan has been approved under this bill (AB 350 Page-9-Lines-27-33) Although the bill appears quite well intended and 'beneficial on the:'s~rface,~ the bill is ultimately approved and standards 'are developed,-'w'e.~-ma¥~wantat0;:.' consider it for the Kern River Parkway and/or..future parkway.;plan'~-~,7~Ct[¥~malr{~ · develop. It could conceivably reduce the amount of funds availabl,e~to'parkw,.a¥' projects not approved under this program. ., ,.... ; ' You may wish to have this. referred to the Legisla_tive and LitigatiOm Committee for considera_t~LOZL, The State Lands Commiss~ion is requesting ~ette-rsi~f by August 15, 1991 .~: - . · a/mdh STATE OF CALIFORNIA PETE WILSON, Governor STATE LANDS COMMISSION EXECUT~VEOmCE 1807 - 13th Street LEO T. McCARTHY. Lieutenant Governor Sacramento, CA 95814 GRAY DAVIS, Controller . ~. THOMAS W. HAYES, Director of Finance · ' ~ ~' ~'' ~* · CHARLES WARREN Executive Officer (916) 322-4105 · R r-'LANNINEt DEPARTMENT July 18, 1991 Jim Movi~ - -.. Planning Department City of Bakersfield 1501 Tuxton Avenue Bakersfield CA 93302 Dear Mr. MoviuS: I am pleased to report that AB 350, the California Rivers Riparian Parkway Act, passed through the Assembly'on June 5 and passed its final Senate policy hearing on July 9. As you are aware, the State Lands Commi~ion sponsored this legislation which is being carried by Assemblyman Jim Costa who has long been interested in such a parkway on a segment of the San Joaquin River. As you know, AB 350 'establishes the California Rivers Riparian Parkway Program and is designed to assist local communities in providing the public with recreational amenities, riparian protection, flood control and other multiple use benefits. Under the provisions of AB 350, the State Lands Commi~ion would serve as the administrator of the program, and, as such, would provide financial, agency coordination and other assistance for approved parkway planning and implementation. As you also may be aware, the Commission, as owner and manager of the state's sovereign interest in navigable rivers, presently is participating in the development of a 31-mile riparian parkway along the Sacramento River with the city of Sacramento and the counties of Yolo and Sacramento. The bill' has received extensive, enthusiastic support from ciries, 'counties and environmental organizations throughout the state. No opposition to AB 350 exists at thi.~ time, but the administration has not as yet indicated its support. AB 350 will be considered in the Senate Appropriations Committee and on the Senate Floor after the Legislature reconvenes on August 19. It is especially important that the Appropriations Committee and the .Governor are aware of your support for this program. A letter of support to Governor Wilson with copies to Senator Robert Presley, Mr. Movius July 18, 1991 Page 2 . program. A letter of support to Governor wilson with copies to Senator Robert Presley, · Chairman of the Senate Appropriations Committee, and any Senate members from your area would'be of great assistance at this time. Addresses for the Governor, Senator Presley, and other Appropriations Committee members and a copy of the legislation are attached. We axe excited about the California Rivers Riparian Parkway Program and your help on behalf of the California Waterways will be most appreciated. Sincerely, Charles Warren Executive Officer Attachments cc: Commissioners The Honorable Pete Wilson Governor, State of California State Capitol Sncrnmento, CA 95814 The Honorable Robert Presley, Chairman State Capitol, Room 4048 Sacramento, CA 95814 The.. Honorable Robert Beverly, Vice Chairman St~te-Capitol, Room 5082- -_ The Honorable Alfred Alquist State Capitol, Room 5100 The Honorable Marian Bergeson State Capitol, Room 3063 The Honorable.Ed 'Davis " State Capitol, Room 5052 The Honorable RalPh Dills '" State Capitol, Room 5050 - · The Honorable Leroy Greene State Capitol, Room 3082 The Honorable'Lucy Killea State Capitol, Room 4062 The Honorable Bill Leonard State Capitol, ROom 5087 The HonOrable Bill Lockyer State Capitol, ROom 2032 The Honorable Henry Mello State Capitol, Room 5108 The Honorable Art Torres State Capitol, Room 2080 AMENDED IN SENATE JUL¥-I6, 1991 AMENDED IN SENATE JUNE 26, 1991 AMENDED IN ASSEMBLY MAY 24, 1991 AMENDED 'IN ASSEMBLY MAY 2, 1991 ' AMENDED IN ASSEMBLY APRIL 18, i991' CALIFORNIA LECISLATURF_,__1991_9~ RECULAR SESSION ASSEMBLY BILL No. 3150 Introduced by Assembly Member Costa (Principal Assembly coauthor: Assembly Member Cortese) (Principal Senate coauthor: Senator Bergeson) (Coauthors: Assembly Members Alpert, Gotch, and Hauser) (Coauthors: Senators Alquist, Killea, and Rosenthal) January 29, 1991 An act to add Division 7.2 (commencing with Section 8640) to the Public Resources Code, relating to riparian parkways. LEGISLATIVE COUNSEL'S DIGEST AB 350, as amended, Costa. River riparian parkway plans. Existing law does not establish a program for state review and .funding for implementation of local river riparian parkway plans. This bill xvould require the State Lands Commission to review proposals submitted by a local agency, as defined, for the preparation of California rivers riparian parkway plans and would require the commission to develop and promulgate plan standards and elements to promote specified purposes and goals. The bill would authorize the commission to undertake specified actions to participate in the preparation of the plans, including financial participation as rescribed. The bill would require the commission and local ~ ~ 1 CHAPTER 1. GEtqERAI~ PROVISIONS geney to consult and cooperate with specified agencies and 2 'ould require the Plans to be in the form of a proposed 3 8640. This division shall be known and may be cited ~nendment to the local general plan:containing specified 4 as the California Rivers Riparian Parkway Act. vmponents. 5 8640.1. The Legislature finds and declares as follows: The bill would create the Natural Resources Restoration 6 (a) California's rivers and waterways are a valuable nd Development Fund, would specify the sources of moneys 7 and finite resource which benefit all people of the state. ,hich may be 'deposited in the fund, and would make the. ~ ~'~ 8 (b) These: waterways, provide water necessary to ~oneys in the fund available, upon appropriation, to the 9 support wildlife, agriculture, and urban areas of the state. ommission for financial assistance in preparing and 10 (c) The public interest requires that waterways be nplementing plans, for the acquisition of land or interests in 11 managed to meet the needs of, among other things, ,nd, ..d for reasonable administrative expenses of the 12 recreation, environmental'~ protection, commercial ommission. 13 development, agricultural and urban water users, flood The bill would require the commission to review and 14 control, and public safety. pprove proposed plans in accordance with prescribed 15 (d) The State Lands Commission has.' exclusive rocedures and would authorize the commission to make 16 jurisdiction .over lands underlying the state's navigable rants from the fund for implementation of approved plans in 17 waterways and tide and submerged lands as set forth in ccordance with prescribed requirements. The bill would 18 Section 63~)1. equire the commission to administer state sovereign lands 19 (e) The state's waterways pass through some of its Athin the boundaries of an approved plan in a manner 20 major urban areas and provide for unique access and onsistent with the plan and prescribed requirements. ~.~ ~' 21 recreational opportunities. The bill would require the commis~:.~n to submit a specified 22 (f) Riparian vegetation along the state:s waterways nnual report to the Governor and the Legislature and would ~ 23 provides unique scenic benefits to urban population equire local agencies receiving moneys from the fund to file 24 centers and supports abundant and varied populations of pecified progress reports. ~ ~ 25 plants and animals, including rare, threatened, and The bill would make legislative findings and' declarations. 26 endangered species, and further provides benefits to Vote: majority. Appropriation: no. Fiscal committee:. Yes. ~ 27 fisheries and other water-dependent resources. .tare-mandated local program: no. 28 (g) Ninety-five percent of native riparian vegetation 29 in the state has been lost, with corresponding adverse The people o£ the State o£ CMifornia do enact as £ollows: 30 impacts to the state's environment and economy. 31 (h) Increased human populations will place additional 1 SECTION 1. Division 7.2 (commencing with Section 32 demands on the state's waterways which can be met best 2 8640) is added to the Public Resources Code, to read: 33' through cooperative management by the state and local 3 ~.~ ~ 34 governments. 4 DIVISION 7.2. C,~,LIFORNI.~, RWERS RIP,~RL~N 35 (i) Some local governments are seeking to preserve, 5 PARKWAY ACT , 36 protect, and restore riparian vegetation and to provide 37 public recreational opportunities on and along 38 waterways within their jurisdictions. 39 8640.2. The Legislature further finds and declares as 40 follows: 94 100 94 1~ -- 5 -- AB 35( 1 (a) It is necessary to establish a statewide program ~ .~ 2 which encourages the development of plans to protect I any proposal submitted to the commission by a local 3 riparian vegetation, and to enhance public use and 2 agency for the preparation of a California rivers ripariat 4 enjoyment and balance, competing uses of the state's 3 parkway plan pursuant to this division. The eommisSiot 5 waterways. 4 may make grant~ to loeal-~/ig~neies pui.~uant~ to thi: 6 (b) Protection and development of the resources of 5 division for preparation of plans where the eommissiot 7 the state's waterways can best be accomplished through 6 has found a proposal to be consistent with this division 8 cooperative efforts by the state and local governments in '~ '~ 7 8642.1. Proposals for preparation of plans Submitted 9 the devel6Pment and implementation of local river 8 to the commission pursuant to Section 8642 shall, to the 10 riparian parkway plans. 9 extent feasible, promote the following: 11 (e) It is the policy of the state, in furtherance of Article 10 (a) Preservation, protection, restoration, and 12 10 of Section 4 of the California Constitution, to support 11 maintenance of riparian ecosystem values. 13 the development and implementation of these plans. 12 (b) Public access and riverfront recreation. 14 13 (e) Fishing and other forms of water oriented 15 CHAPTER 2. DEFINITIONS 14 recreation. 16 15 (d) Flood control activities and facilities. 17 8641. The following definitions apply only to this. 16 (e) Enhancement of fisheries habitat, spawning areas, 18 division: 17 and similar areas. . 19 (a) "California rivers riparian .parkway plan" or ,18 (f) Enhancement of commercial and recreational 20 "plan" means a plan developed pursuant to Chapter 3 19 navigation. 21 (commencing with Section 8642). ~, ,.~ 20 (g) Public safety, including any necessary regulation 22 (b) "Commission" means the State Lands 21 of the use of public facilities. 23 Commission. 22 (h) Operation of water supply systems. 24 (c) "Fund" means the Natural Resources Restoration 23 8642.2. The commission, in consultation with the 25 and Development Fund created pursuant to Section ~, ~ 24 Department of Parks and Recreation'and the 26 8643. . 25 Department o£ Fish and'Game, shall develop 'and 27 (d) "Local agency" means any chartered or general 26 promulgate standards and plan components for the 28 law city, chartered or general law county, any city and 27 purposes set forth in Section 8642.1, for proposals 29 county, or any special district as defined in Section 17520 28 submitted by local agencies pursuant to Section 8642.6 for 30 of the Government Code. ~ 29 the preparation of plans. The components shall include, 31 (e) "Waterway" means any body of water flowing 30 but are not limited to, the following: 32 through a water course, including, but not limited to,' 31 (a) A statement of the purposes and goals and 33 rivers, sloughs, streams, and creeks. '32 objectives to be achieved through the preparation of a 34 .,. ~ ~ 33 plan. 35 CHAPTER 3. CALIFORNIA RIVERS RIPA]tIAN PARKWAY 34 (b) A description of the waterway or portion thereof 36 PLANS ,- 35 subject to the plan. 37 36 (c) A description of the public uses and resources 38 8642. There is within the commission the California 37 which may be protected, improved, or restored in the 39 Rivers Riparian Parkway Program. The commission shall 38 plan. 40 advise and consult with local agencies and shall review ~ .~ 39 (d) A description of existing land uses along the 40 waterway. 94 130 AB 350 6 : 7 AB 350 1 (e) An identification of parcels or resources along the 1 8642.5. During the preparation of the plan, the local 2 waterway presently owned or used by public agencies 2 agency and the commission shall' consult and cooperate 3~ within the area subject to the plan.' 3 with other state and local agencies. These agencies shall 4 (0 The level of financial support the local agenc~ .~ 4 include, as appropriate, the following: 5 provide for the preparation of the plan. 5 (a) The State Coastal Conservancy. 6~ (g) A description of the proposed planning process. 6 (b)_The Wildl{fe Conservation Boar& 7 8642.3. Upon approval of a proposal for preparation of ~ -.~ 7 (c) T.h~ Department of Fish and Game. 8 a plan, the commission, shall, where appropriate among 8 (d) The Department of Parks and Recreation. 9 other actions, do any of the following: 9 (e) The Department of Forestry and Fire Protection. 10 (a) Identify areas of title uno,: : dnty and make all 10 (f) The Reclamation BOard. 11 reasonable efforts to resolve those ,~,ncertainties. 11 (g) The Department of Water Resources. 12 (b) Defer any ,etlon which will adversely affect the 12 (h) The Department of Boating and Waterways. 13 ability of the local agency to develop a plan. Applications 13 (i) The California Conservation Corps. 14 for new leases of state lands within or potentially 14 0) Local levee and reclamation districts. 15 affecting the area of the plan shall not be granted until 15 8642.6. A local agency determining to develop a 16 the plan is completed and the applications are 16 riparian l~arkway plan under this division shall submit the 17 determined by the commission:, ~o be consistent with and 17 proposecl.plan to the commission. 18 in furtherance of an approved plan. 18 ~ 19 (e) Provide technical assistance to the local agency 19 8642.7. The plan shall be submitted to the 20 during development of the plan, including assistance in ,,~ ..~ 20 commission for approval not later than three years after 21 such areas as the preservation and restoration of riparian 21 the approval by the commission of the proposal for 22 habitat, and the determination of recreational aetivitie.s 22 preparation of the plan. Plans submitted to the 23 or facilities or other enhancements for public use and 23 commission for approval pursuant to this chapter shall be 24 enjoyment. ~ .~ 24 in' the form of a Proposed amendment to the local general 25 8642.4. The approval by the commission of a proposal 25 plan and contain, at a minimum, the following: 26 for preparation of a plan shall provide for the financial. 26. (a) A description of the waterway's present resources, '27 participation of the si/ate in the preparation of the plan. '~ 27 including quantification and delineation of- riparian 28 Moneys for this purpose shall be granted by the 28 habitat. 29 commission from the fund. The amount of .funding 29 (b) A description of public land ownership within the 30 provided by the commission shall be determined by the .30 planning area, including lands of special districts, 31 total amount of moneys in the fund, the urgency of the 31 including park, levee, reclamation, and flood control 32 project relative to other eligible parkway projects, and 32 districts. 33 the degree to which the proposed plan will promote the ~ .(.~ 33 (c) Habitat and recreation components which shall 34 proVisions of Section 8642.1 in and along the waterway 34 specify the following: 35 involved. The commission may grant an amount not to 35 (1) The location of existing -and anticipated 36 ~-exceed 50~percent of the cost of preParing the plan, 36 recreational facilities, including, trails of any type, rest 37 except: that the commission may, upon'the application of 37 areas, and fishing and boating access. 38 the local agency, and based upon fundings of the 38 (2) Those areasdesignatedformaintenaneeofexisting 39 commission, determine that a greater percentage of state 39 riparian habitat and for restoration of riparian habitat and 40 funds are necessary for the preparation of the plan. ~ [.~ '40 procedures to resolve conflicts between these uses and 1 recreational uses. ~ ~'$ 1 reasonable expenses of the commission in 'the 9~ (3) Measures to protect native plants and enhance o. administration of this division. 3 wildlife, including rare, threatened, and endangered 3 4 species and species of special concern. 4 CHAPTER 5. PLAN EVALUATION AND AppROVAL 5 (4) Mitigation measures within the parkway to avoid 5 6 or to offset, any loss of riparian habitat or other wildlife 6 8644. The commission Shall review any-. plan, 7 habitat which may result from implementation of the ~ ~ 7 including any plan'adopt~d 'i{i-ib~: to JafiUarj, Ii 199g, 8 plan, . 8 which is submitted by a local agency to the commission 9 (5) A maintenance program which addresses the 9 to determine ff it complies with this division· The 10 long-term use and care of riparian habitat and physical 10 commission shall, as appropriate, provide a written 11 improvements within the planning area~ 11 evaluation of any plan submitted which shall specify any 12 (d) Specific policies and implementatiOn'measures 12 changes in the plan necessary to comply with 'this 13 which promote the interests specified in Section 5098.61 13 division. 14 and which prevent 'or reduce potential conflicts with 14 8644.1. Upon approval of a plan by the commission, 15 agricultural activities and incorporate, to the maximum ' 15 the local agency shall be eligible for state grants for 16 extent feasible, and consistent wi{h the plan, existing or 16 implementation of the plan. Implementation of the plan 17 planned flood control activities. 17 shall qualify for state financial assistance only if the plan 18 (e) A listing of all individuals, groups, agencies, and 18 is adopted by the local agency as an amendmdnt to its 19 academic institutions consulted during the preparation of 19 general plan. State financial assistance shall be available 20 the plan. 20 only for purposes specified in the approved plan, except 21 (f) A proposed implementation schedule which x~, "~ 21 for long term maintenance. These purposes may include 22 specifies each phase, its cost, and the total budget for the 22 the acquisition of land or interests in land, restoration of 23 plan. ~ 23 riparian habitat or other habitat, and development of 24 ~ 24 recreational faeflitieS.'Title to any, land along state-owned 25 CHAPTER 4. NATURAL RESOURCES RESTORATION ~ ':~'" ' 25 waterways purchased with moneys from the fund shall be 9'6 AND DEVELOPMENT FuND 26 held by the state as public trust lands with the same status 27 27 as sovereign tide and submerged lands. Title to any land 28 8643. There is in the State Treasury, the Natural 28 purchased with moneys, from the fund along waterways 29 Resources Restoration and Development l~und. Moneys 29 not owned by the state shall be held in trust by the local 30 may be. deposited in the fund from (1) any source 30 agency. The local agency shall permanently dedicate the 31 designated by the Legislature, (2) grants to the 31' lands to the purposes called for in its approved parkway 32 commission, (3) gifts and bequests, (4) moneys available 32 plan. If the lands are not used'for those purposes, title 33 for this purpose from bond measures, (5) sources 33 shall pass to the state. If necessary for implementation of 34 otherwise prescribed by law, and (6) revenues from the ~ '~/ 34 the plan, the state may lease tide and submerged lands to 35 administration of leases, consistent with ~ubdivision (e) 35 the local agency or to other public agencies.' 36 of Section 8645. The moneys in the fund Shall be available, 36 8644.2. The commission may make grants, to the 37 upon appropriation, for expenditure pursuant to this 37 extent funds are available in the fund, to implement 38 division for purposes of financial assistance to local 38 approved plans. The amount of funding provided by the 39 agencies, for preparation and implementation of plans, 39 commission shall be determined by the total amount of 40 for the acquisition of land or interests in land, and for the ~ ~ 40 moneys in the fund, the urgency of the project relative AB 350 -- 10-- -- 11 -- AB 350 1 to other eligible parkway projects, and the degree to ~' ~ 1 plan and in accord. . :e with Section 8644.1. 2 which the approved plan will promote the provisions of 2 8645.1. Local agency revenues attributed to facilities 3 Section 8642.1 in and along the waterway involved. Any 3 or activities within the area of an approved plan shall be 4: local agency that expends moneys appropriated from the 4 available for expenditure for the administration of the 5 fund for environmental restoration or improvement 5 plan. 6, projects shall, tothe extentfeasible, utilize the services of 6 8645.2. ,~ Nothing in this division shall be construed to 7 the California Conservation Corps and local conservation~,~ ~.~ 7 permit inferference with the proper exercise of any 8 corps in those efforts. 8 water right or the transfer of any water otherwise valid 9 8644.3. As a condition to the receipt Of grant funds, 9 under state law. 10 the local agency shall agree that it will reimburse the 10 11 state for those funds if ihe commission finds, after notice 11 , CHAPTER 7. REPORTS 12 ~nd public hearing, that the local agency has violated or 12 13 failed to implement an approved plan. No plan may be 13 8646. The commission shall notify the Legislature 14 amended without the. consent of the commission. 14 whenever moneys are expended from the fund pursuant 15 8644.4. No local agency shall be eligible to receive 15 to this division. 16 funds in any. fiscal year for implementation of an 16 8646.1. ~ The commission shall submitanannualreport 17 approved plan in an amount greater than 20 percent of 17 to the C~overnor and the Legislature. The report shall 18 the'total amount of funds available for expenditure from 18 indicate those plans which are being prepared, the status 19 the fund during that year. 19 of plans which have been approved, any moneys which 20 21 CHAPTER 6. PLAN IMPLEMEN~TATION ~ .~.~,~ 20 have been granted from the fund to any local agency, and 22 21 the status of the fund. 22 8646.2. Each local agency receiving grants from the 23 8645, The commission shall administer state 23 fund simll file a semiannual progress report with the 24 sov4reign lands within the boundaries of an approved 24 commission which shall include an accounting of all 25 plan in a manner consistent with, and in fur~he~ce of,' ~ ~ ' 25 moneys received from the fund. Each local agency shall 26 the plan, and in accordance with the following: 26 maintain records as required 'by the commission which 27 (a) State lands within the area of the plan shall be 27 shall be available at any time for audit by the commission. 28 leased only for purposes consistent with the plan. 29 (b) The commission shall ensure that existing'lessees 30 conduct their activities in a manner consistent with the 31 plan. 39. (e) Income from state leases within the area of an 33 approved plan shall be deposited in the fund and may be ' 3~t granted to the applicable local agency for purposes 35 consistent with the plan. , 36 . (d) Moneys from title settlements which occur within ' O 37 the area of an approved plan shall be deposited in the 38 fund and may' be expended by the commission for the -'~' 39 purchase of additional lands within the area of the plan. 40 The lands shall be used for purposes consistent with the KERN COUNTY TOBACCO CONTROl, COALITION DATE: August 8, 1991 TO: Legislation and Litigation Subcommittee City of Bakersfield I~ROM: Diane Atkinson, Chairman Tobacco Control Coalition of Kern County Kern County Health Department 1700 Flower Street \,_~ Bakersfield, CA 93305 c~ SUBJI~CT: Senate Bill 376, Felando The Tobacco Control Coalition of Kern County would like to submit this legislative analysis as a position paper concerning SB 376. If you have any questions please contact Diane Atkinson, Chairman of the Tobacco Control Coalition and Director of Commullity Health Centers of Kern County, at 324-9808. DA.al cc: B.A. Jinadu, lVlD, MPH Director of Public Health Services Kern County Health Depax tment William Beckley, D.H.Sc., M.P.H. Director, Health Promotion & Public Information KERN COUNTY HEALTH DEPARTMENT Babatundc A. Jinadu, M.D., M.P.H. Director of Public Health Services Health Officer Jackic Ambrose, Senior Secretary 1700 [.'lower Street Bakersfield, CA 93305-4198 (805) 861-302.1 DATE: August 8, 1991 TO: Adel Klein, Deputy CAO FROM: B.A. Jinadu, M.D., M.P.H. Director of Public.Health Services BY: Ted Douthitt Administrative Assistant SUBJECT: SB 376, Tobacco Control Act( Hill, Filando) LEGISLATIVE ANALYSIS REPORTS The following analysis of proposed legislation is provided to assist you in advising the County Board of Supervisors about the Health Department's position concerning this specific legislation. I. Bill Number & Author: SB 376, The Gerald N. Felando Tobacco Control Act Senator Hill and Assembly' Member Felando, Co-Authors II. Existin.q Law Requirements: Current laws (mostly local ordinances) prohibit smoking in certain designated areas, and under certain conditions. Current law also prohibits the furnishing of tobacco products to minors (under the age of 18). III. Proposed Chan.qes or New Requirements: This law would repeal existing state law (under the Health and Safety Code and the Business and Professions Code) and establish the Division of Tobacco Control within the Division of Alcoholic Beverage Control for the purposes of providing a statewide administration of tobacco sales and use. IV. Recommended Position: Oppose SB 376 page 2 ~ V. Discussion: Although on the sudace this appears to be a logical extension of the state's~to~ the sale and use of tobacco, and appears as tough legislation against tobacco use, this law is flawed in that it removes the issue from local control and imposes another tax on business and creates another level of bureaucratic control at the state level. Further, it is unclear that this legislation is necessary. Many communities currently have laws and ordinances regulating tobacco use without imposing any new taxes on the business community and those communities wishing to enact local legislation that might be more far reaching than this bill proposes, will be preempted from doing so. Additionally, there is no evidence that the activities of the Department of Alcohol Beverage Control have lessened the use of minors using alcohol. It would appear that this legislation would simply overload this agency with additional work. It would also create a new class of criminal for an already overloaded criminal justice system to deal with. VI. Fiscal Impact: It is probable that the fees generated by this legislation will not cover the cost of implementation. Thus, it appears that the balance will have to be taken out of other programs. It is interesting to note that the revenues from this act will be deposited into the general fund making it more difficult to track this revenue. 'VII. Suq.qestions for Amendments: None VIII. Known Orqanizational Position: This bill is opposed by H.O.A.C., The American Cancer Society, The Califomia Coalition for Smoke-Free Cities, The Western Coalition for Public Health, Americans for Nonsmokers Rights and this county's Tobacco Control Coalition. If you have any questions or comments concerning this or any other legislation, please call me. CITY COUNCIL REFERRAL MEETING OF' 07,'31/91 REFERRED TO: LEGISLATIVE & LITIGATION COMMITTEE LUNARDINI & ~ N ITEM: RECORD~ 8567 David S~eioer, 279 Garden Drive, sooke regarding the Bakersfield Municioal Airoort overfligh:s (fly overs). ACTION TAKEN BY COUNCIL' MOTION TO REFER THE ISSUE OF OVERFLIGHTS TO LEGISLATIVE AND LITIGATION COMMITTEE, APPROVED, BACKUP MATERIAL ATTACHED: YES DATE FORWARDED BY CITY CLERK: 08/06/91 STATUS' PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER COUNCIL REFERRAL TRACKING sYSTEM AS PROGRESS IS MADE. ~ PUBUC STATEMENTS SPEAKER'S CARD ~'" .... - Council Meeting Date Pursuant to Section 2.04.110 of the Municipal Code: You are invited to address the Coundi at this time on any matter related to City business, except matters set for hearing at this meeting before this Council. To do so, fill out a Speaker's Card and present it to the Clerk before the meeting. (If your name appears on the agenda for a scheduled Public Statement, you need not fill out a card.) Statements are Iimitsd to tl~ree (3)minuts~..The.Councii wilLtal(e no action..other_~an ........... - . -~; ........... referring the issue to a Committee or Staff. David Steiber Name: 279 Garden Drive Address: Bakersfield, GA ~3307 Telephone: 834-9032 ~ei~orhood ~FL Airpark Subject: MT' , Statement Taken By: White: Clerk Yellow: Mayor Pink: Manager* Gold: Dept. R ffO& PLACID ON FILl Prepared for the City Council Ueeting AT COUNCIL MEETING OF ?/ I wish to thank Ta~rd Taylor of the UCB Mathematics De?artment for verifying the methods of compu~a~ton and answers provided below. Bakersfield Airport (Airpark) Management is knowingly and deliberately directing air traffic across the 800 homes and 2,?00 residents of Rex2and Acres in a very low and dangerous manner. They repeatedly deny w~at they must know is the truth. There is an array of lights (PAPI) located at the South end of the run~ay. That set of lights is designed to provide incoming pilots with the proper glide slope for accent to the runway.' If a pilot sees all red bars, then he or she knows that the approach is too low, all w~te bars means too b_tgh. The object is to see one red and one white bar simultaneously. The ~lide slope an§lo for accent into Bakersfield Airport is four degrees (original~y, three and one-half). At a four degree angle, air traffic is being directed in above E. Pacheco at only 185 feet above the ground. E. Pacheco is approx- imately one-half mile from the airport. Planes are beinG directed in above my home on Garden Drive (3/4 mile) at a height of on~ 277 feet above the ground. Fairview School and its 780 students have overflights at the 370 foot level. The school is locat~approximately one mile out. ' Take-offs and landings are the most dangerous part of any f~ight. The FAA states that 1~000 feet is the minimum altitude, above the highest 0bs~acle, that a pilot may fly SAFELY over a congested area, except for take-offs and. landings. There are situations in which a runway is built, and later pepple bu~_ld. homes under the runway. Should they chose to do so ar~ incu~ the risk, that is their right. In that instance a pilot has no choice but to fly ~ver them coming and going from the airport at a relatively low level, and they have no right to complain. In our case, the runway was built over an already existin~ large neighborhood and school, and it was the city's choice to .subject us to the danger, not ours. · ~Zinimum safe altitude is 1,000 feet, anything less than that is not safe. We have had two planes crash into two schools in the City of Bakersfield during the last 13 years. The plane tha$ took off from Bakersfield Airpark. resulted in the deaths of six people. A sensible person should be concerned abou~ ca~y of overflights. It is easy for City officials to laugh, scoff, and insult other people's intelligence, provided, their families are not the ones m~er the Flight path. ?.exianc ;~cres' h~mss and trees are clear~ visible from an~ portion of the Bakersfield Airpark rumply. It is impossible for us to believe that the - .-~-~- Airpor~ r~nagement was unawmre of the consequence~ of redirecting the m:rmmy over our homes. This is all the more contemptible because it was not necessam%; other viable options had been identified. The decision to. place us in harms w~y, and deprive us of the quiet and .peaceful enjoyment of our properties was morally and ethically bankrupt, unbefitting of guardians of the public trust. Even now there is a cheap ready solution to resolving this problem, H~w~ver, the same lack of care and decency so evident in creating the problem is erduibited in both a lack of concern and willlugness to even seriously sit down and discuss the problem. David W. Steiber 834-9032 NOTE: A small variance may result as the lights a~ set back'a relatively short but undetermined distance from White ~ane. Tha~.appr~ximate variaaoe can be determined by multiplying the number of feet by the tangen~ of 4 de~rees which is approximately .07. One hundred feet distance is seven feet in height. In any case, the planes ar~. being directed in too iow.