BILL NUMBER: AB 640	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 20, 2013

   An act to  amend Section 22963 of the Business and
Professions Code, relating to cigarettes and tobacco products
  add Section   6720 to the Labor Code,
relating to employee safety  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 640, as amended, Hall.  Cigarettes and tobacco
products: identification requirements.   Employee
safety: adult film industry: local regulation.  
   Existing law, the California Occupational Safety and Health Act of
1973, establishes the Division of Occupational Safety and Health for
the purpose of ensuring safe and healthful working conditions for
all Californians.  
   This bill would, notwithstanding any other law, authorize a city,
county, or city and county to adopt and enforce a local ordinance
that protects against the exposure of workers to blood or other
potentially infectious materials during the filming or production of
an adult film, as defined.  
   Existing law prohibits the sale, distribution, or nonsale
distribution of tobacco products directly or indirectly to any person
under 18 years of age. A violation of these provisions may result in
a criminal action or an assessment of civil penalties. Existing law
requires a person selling or distributing, or engaging in the nonsale
distribution of, tobacco products directly to a consumer in the
state through the United States Postal Service or package delivery
service to verify that the purchaser or recipient of the product is
18 years of age or older. Under existing law, if the seller,
distributor, or nonsale distributor is unable to verify that the
purchaser or recipient is 18 years of age or older, he or she is
required to require the purchaser or recipient to submit an
age-verification kit, which includes a copy of a valid form of
government identification, as specified.  
   This bill would provide that, for the purposes of these
provisions, if a customer or recipient provides an identification
card issued by the United States Armed Forces as proof of majority
and the identification card lacks a physical description, but
includes date of birth and a photo, further proof of majority is not
required. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 6720 is added to the  
Labor Code   , to read:  
   6720.  (a) The Legislature finds and declares that the protection
of workers in the adult film industry is the responsibility of
multiple layers of government.
   (b) Notwithstanding any other law, a city, county, or city and
county may adopt and enforce a local ordinance that protects against
the exposure of workers to blood or other potentially infectious
materials during the filming or production of an adult film.
   (c) For the purposes of this section, "adult film" means any
commercial film, video, multimedia, or other representation during
the production of which performers actually engage in sexual
intercourse, including, but not limited to, oral, vaginal, or anal
penetration, and including, but not limited to, any other sexual
activity that may result in the transmission of blood or any other
potentially infectious materials.
   (d) Violations of ordinances adopted pursuant to this section
shall not be subject to penalties set forth in Chapter 4 (commencing
with Section 6423).  
  SECTION 1.    Section 22963 of the Business and
Professions Code is amended to read:
   22963.  (a) The sale, distribution, or nonsale distribution of
tobacco products directly or indirectly to any person under 18 years
of age through the United States Postal Service or through any other
public or private postal or package delivery service at locations,
including, but not limited to, public mailboxes and mailbox stores,
is prohibited.
   (b) Any person selling or distributing, or engaging in the nonsale
distribution of, tobacco products directly to a consumer in the
state through the United States Postal Service or by any other public
or private postal or package delivery service, including orders
placed by mail, telephone, facsimile transmission, or the Internet,
shall comply with the following provisions:
   (1) (A) Before enrolling a person as a customer, or distributing
or selling, or engaging in the nonsale distribution of, the tobacco
product through any of these means, the distributor or seller shall
verify that the purchaser or recipient of the product is 18 years of
age or older. The distributor or seller shall attempt to match the
name, address, and date of birth provided by the customer to
information contained in records in a database of individuals whose
age has been verified to be 18 years of age or older by reference to
an appropriate database of government records kept by the
distributor, a direct marketing firm, or any other entity. In the
case of a sale, the distributor or seller shall also verify that the
billing address on the check or credit card offered for payment by
the purchaser matches the address listed in the database.
   (B) If the seller, distributor, or nonsale distributor is unable
to verify that the purchaser or recipient is 18 years of age or older
pursuant to subparagraph (A), he or she shall require the customer
or recipient to submit an age-verification kit consisting of an
attestation signed by the customer or recipient that he or she is 18
years of age or older and a copy of a valid form of government
identification. For the purposes of this section, a valid form of
government identification includes a driver's license, state
identification card, a valid passport issued by the United States or
by a foreign government, an official naturalization or immigration
document, including an alien registration receipt card (commonly
known as a "green card") or an immigrant visa, or military
identification. In the event that a customer or recipient provides an
identification card issued by the United States Armed Forces as
proof of majority and the identification card lacks a physical
description, but includes date of birth and a photo, further proof of
majority shall not be required. In the case of a sale, the
distributor or seller shall also verify that the billing address on
the check or credit card provided by the consumer matches the address
listed in the form of government identification.
   (2) In the case of a sale, the distributor or seller shall impose
a two-carton minimum on each order of cigarettes, and shall require
payment for the purchase of any tobacco product to be made by
personal check of the purchaser or the purchaser's credit card. No
money order or cash payment shall be received or permitted. The
distributor or seller shall submit to each credit card acquiring
company with which it has credit card sales identification
information in an appropriate form and format so that the words
"tobacco product" may be printed in the purchaser's credit card
statement when a purchase of a tobacco product is made by credit card
payment.
   (3) In the case of a sale, the distributor or seller shall make a
telephone call after 5 p.m. to the purchaser confirming the order
prior to shipping the tobacco products. The telephone call may be a
person-to-person call or a recorded message. The distributor or
seller is not required to speak directly with a person and may leave
a message on an answering machine or by voice mail.
   (4) The nonsale distributor shall deliver the tobacco product to
the recipient's verified mailing address, or in the case of a sale,
the seller or distributor shall deliver the tobacco product to the
purchaser's verified billing address on the check or credit card used
for payment. No delivery described under this section shall be
permitted to any post office box.
   (c) Notwithstanding subdivisions (a) and (b), if a seller,
distributor, or nonsale distributor, complies with all of the
requirements of this section and a minor obtains a tobacco product by
any of the means described in subdivision (b), the seller,
distributor, or nonsale distributor is not in violation of this
section.
   (d) For the purposes of the enforcement of this section pursuant
to Section 22958, the acts of the United States Postal Service or
other common carrier when engaged in the business of transporting and
delivering packages for others, and the acts of a person, whether
compensated or not, who transports or delivers a package for another
person without any reason to know of the package's contents, are not
unlawful and are not subject to civil penalties.
   (e) (1) (A) For the purposes of this section, a "distributor" is
any person or entity, within or outside the state, who agrees to
distribute tobacco products to a customer or recipient within the
state. The United States Postal Service or any other public or
private postal or package delivery service are not distributors
within the meaning of this section.
   (B) A "nonsale distributor" is any person inside or outside of
this state who, directly or indirectly, knowingly provides tobacco
products to any person in this state as part of a nonsale
transaction. "Nonsale distributor" includes the person or entity who
provides the tobacco product for delivery and the person or entity
who delivers the product to the recipient as part of a nonsale
transaction.
   (C) "Nonsale distribution" means to give smokeless tobacco or
cigarettes to the general public at no cost, or at nominal cost, or
to give coupons, coupon offers, gift certificates, gift cards, or
other similar offers, or rebate offers for smokeless tobacco or
cigarettes to the general public at no cost or at nominal cost.
Distribution of tobacco products, coupons, coupon offers, gift
certificates, gift cards, or other similar offers, or rebate offers
in connection with the sale of another item, including tobacco
products, cigarette lighters, magazines, or newspapers shall not
constitute nonsale distribution.
   (2) For the purpose of this section, a "seller" is any person or
entity, within or outside the state, who agrees to sell tobacco
products to a customer within the state. The United States Postal
Service or any other public or private postal or package delivery
service are not sellers within the meaning of this section.
   (3) For the purpose of this section, a "carton" is a package or
container that contains 200 cigarettes.
   (f) A district attorney, a city attorney, or the Attorney General
may assess civil penalties against any person, firm, corporation, or
other entity that violates this section, according to the following
schedule:
   (1) A civil penalty of not less than one thousand dollars ($1,000)
and not more than two thousand dollars ($2,000) for the first
violation.
   (2) A civil penalty of not less than two thousand five hundred
dollars ($2,500) and not more than three thousand five hundred
dollars ($3,500) for the second violation.
   (3) A civil penalty of not less than four thousand dollars
($4,000) and not more than five thousand dollars ($5,000) for the
third violation within a five-year period.
   (4) A civil penalty of not less than five thousand five hundred
dollars ($5,500) and not more than six thousand five hundred dollars
($6,500) for the fourth violation within a five-year period.
   (5) A civil penalty of ten thousand dollars ($10,000) for a fifth
or subsequent violation within a five-year period.