BILL NUMBER: AB 1867	CHAPTERED
	BILL TEXT

	CHAPTER  527
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 13, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	PASSED THE SENATE  AUGUST 12, 2002
	AMENDED IN SENATE  JUNE 11, 2002
	AMENDED IN ASSEMBLY  APRIL 29, 2002
	AMENDED IN ASSEMBLY  APRIL 9, 2002

INTRODUCED BY   Assembly Member Vargas
   (Coauthors:  Assembly Members Alquist, Aroner, and Koretz)

                        JANUARY 31, 2002

   An act to amend Section 104495 of the Health and Safety Code,
relating to tobacco products.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1867, Vargas.  Smoking:  playgrounds.
   Existing law prohibits any person from smoking a cigarette, cigar,
or other tobacco-related product, or from disposing of cigarette
butts, cigar butts, or any other tobacco-related waste, within a
playground or a tot lot sandbox area.  Violation of these provisions
is an infraction punishable by a $100 fine.
   This bill would increase the fine from $100 to $250, and would
expand the prohibited smoking and disposal area to within 25 feet of
a playground or a tot lot sandbox area.  By changing the definition
of a 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.


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


  SECTION 1.  Section 104495 of the Health and Safety Code is amended
to read:
   104495.  (a) For the purposes of this section, the following
definitions shall govern:
   (1) "Playground" means any park or recreational area specifically
designed to be used by children that has play equipment installed, or
any similar facility located on public or private school grounds, or
on city, county, or state park grounds.
   (2) "Tot lot sandbox area" means a designated play area within a
public park for the use by children under five years of age.  Where
the area is not contained by a fence, the boundary of a tot lot
sandbox area shall be defined by the edge of the resilient surface of
safety material, such as concrete or wood, or any other material
surrounding the tot lot sandbox area.
   (3) "Public park" includes a park operated by a public agency.
   (4) "Smoke or smoking" means the carrying of a lighted pipe,
lighted cigar, or lighted cigarette of any kind, or the lighting of a
pipe, cigar, or cigarette of any kind, including, but not limited
to, tobacco, or any other weed or plant.
   (5) "Cigarette" means the same as defined in Section 104556.
   (6) "Cigar" means the same as defined in Section 104550.
   (b) No person shall smoke a cigarette, cigar, or other
tobacco-related product within 25 feet of any playground or tot lot
sandbox area.
   (c) No person shall dispose of cigarette butts, cigar butts, or
any other tobacco-related waste within 25 feet of a playground or a
tot lot sandbox area.
   (d) No person shall intimidate, threaten any reprisal, or effect
any reprisal, for the purpose of retaliating against another person
who seeks to attain compliance with this section.
   (e) Any person who violates this section is guilty of an
infraction and shall be punished by a fine of two hundred fifty
dollars ($250) for each violation of this section.  Punishment under
this section shall not preclude punishment pursuant to Section 13002,
Section 374.4 of the Penal Code, or any other provision of law
proscribing the act of littering.
   (f) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to private property.
   (g) The prohibitions contained in subdivisions (b) and (c) shall
not apply to a public sidewalk located within 25 feet of a playground
or a tot lot sandbox area.
   (h) This section shall not preempt the authority of any county,
city, or city and county to regulate smoking around playgrounds or
tot lot sandbox areas.  Any county, city, or city and county may
enforce any ordinance adopted prior to January 1, 2002, or may adopt
and enforce new regulations that are more restrictive than this
section, on and after January 1, 2002.
  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.