Bill Text: CA AB2757 | 2009-2010 | Regular Session | Amended
Bill Title: Tobacco products: blunt wraps.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2757 Detail]
Download: California-2009-AB2757-Amended.html
BILL NUMBER: AB 2757 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Bradford
FEBRUARY 19, 2010
An act to amend Section 125325 of the Health and Safety
Code, relating to oocyte donation. An act to amend
Section 308.1 of the Penal Code, relating to tobacco.
LEGISLATIVE COUNSEL'S DIGEST
AB 2757, as amended, Bradford. Oocyte donation:
advertisement. Tobacco products: blunt wraps.
Under existing law, it is illegal to sell, give, or furnish to a
person under 18 years of age any tobacco product or paraphernalia,
including blunt wraps, defined as cigar papers or wrappers containing
less than 50% tobacco.
This bill would make it a misdemeanor to sell, offer for sale,
distribute, or import blunt wraps unless the blunt wraps will be sold
in a business establishment that prohibits the presence of persons
under 18 years of age on its premises.
By creating a new crime, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires specified notice to be given when posting an
advertisement seeking oocyte donation associated with the delivery
of fertility treatment that includes assisted oocyte production and a
financial payment or compensation of any kind.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 308.1 of the Penal
Code is amended to read:
308.1. (a) Notwithstanding any other provision of law, no person
shall sell, offer for sale, distribute, or import any
tobacco product commonly referred to as "bidis" or "beedies,"
of the following tobacco products, unless that
tobacco product is sold, offered for sale, or intended to be sold in
a business establishment that prohibits the presence of persons under
18 years of age on its premises. premises:
(1) Tobacco products commonly referred to as "bidis" or "beedies."
(2) Tobacco products commonly referred to as "blunt wraps."
(b) For purposes of this section, "bidis"
the following terms have the following meanings:
(1) "Bidis" or "beedies" means a
product containing tobacco that is wrapped in temburni leaf
(diospyros (Diospyros melanoxylon) or tendu leaf
(diospyros (Diospyros exculpra).
(2) "Blunt wraps" has the same meaning as in Section 308.
(c) Any person who violates this section is guilty of a
misdemeanor or subject to a civil action brought by the Attorney
General, a city attorney, county counsel, or district attorney for an
injunction and a civil penalty of up to two thousand dollars
($2,000) per violation. This subdivision does not affect any other
remedies available for a violation of this section.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 125325 of the Health and
Safety Code is amended to read:
125325. (a) The person or entity posting an advertisement seeking
oocyte donation associated with the delivery of fertility treatment
that includes assisted oocyte production and a financial payment or
compensation of any kind, shall include the following notice in a
clear and conspicuous manner:
"Egg donation involves a screening process. Not all potential egg
donors are selected. Not all selected egg donors receive the monetary
amounts or compensation advertised. As with any medical procedure,
there may be risks associated with human egg donation. Before an egg
donor agrees to begin the egg donation process, and signs a legally
binding contract, she is required to receive specific information on
the known risks of egg donation. Consultation with your doctor prior
to entering into a donor contract is advised."
(b) A summary pertaining to oocyte donation procedures shall be
provided, as required pursuant to Section 125335, to all potential
egg donors before signing a legally binding contract to become an egg
donor or beginning egg donation procedures, as part of compliance
with the informed consent requirements.
(c) Persons or entities that certify compliance with the American
Society for Reproductive Medicine (ASRM) guidelines by registering
with ASRM are exempt from the notice requirements set forth in
subdivision (a). Use of the exemption when the guidelines are
violated shall constitute false advertising.
(d) Donors recruited through the advertisement shall undergo the
same disclosure, counseling, and informed consent process, as
required pursuant to Section 125335, as donors recruited by those
exempt from subdivision (a).
