BILL NUMBER: AB 188	CHAPTERED  08/06/01

	CHAPTER  150
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2001
	APPROVED BY GOVERNOR  AUGUST 6, 2001
	PASSED THE SENATE  JULY 19, 2001
	PASSED THE ASSEMBLY  JUNE 5, 2001
	AMENDED IN ASSEMBLY  MAY 31, 2001
	AMENDED IN ASSEMBLY  MAY 1, 2001
	AMENDED IN ASSEMBLY  APRIL 4, 2001
	AMENDED IN ASSEMBLY  MARCH 27, 2001

INTRODUCED BY   Assembly Member Vargas
   (Principal coauthor:  Assembly Member Koretz)
   (Coauthors:  Assembly Members Chan and Washington)

                        FEBRUARY 7, 2001

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 188, Vargas.  Playgrounds:  smoking.
   Existing law provides for the establishment of programs relating
to tobacco use prevention.
   This bill would prohibit the smoking of any cigarette, cigar, or
other tobacco-related product within a playground or tot lot sandbox
area.
   This bill would prohibit any person from disposing of any
cigarette, cigarette butts, cigar butts, or any other tobacco-related
waste within a playground or tot lot sandbox area.
   This bill would define playground and tot lot sandbox area.
   This bill would also prohibit any person from intimidating,
threatening any reprisal, or effecting any reprisal, for the purpose
of retaliating against another person who seeks to attain compliance
with the provisions of this section.
   This bill would specify that it does not apply to private
property.
   This bill would make a violation of these provisions an
infraction.  This bill, by creating a new infraction, would result in
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.


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


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Secondhand smoke also known as environmental tobacco smoke is
responsible for approximately 3,000 lung cancer deaths each year in
nonsmoking adults and impairs the respiratory health of hundreds of
thousands of children.
   (b) Secondhand smoke exposure increases the risk of lower
respiratory tract infections, including bronchitis and pneumonia,
which occur in infants and young children up to 18 months of age.
   (c) Secondhand smoke increases the prevalence of fluid in the
middle ear, a sign of middle ear disease.
   (d) Secondhand smoke increases the frequency of episodes and
severity of symptoms of asthmatic children.
  SEC. 2.  Section 104495 is added to the Health and Safety Code, 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 the boundaries 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 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 one hundred dollars
($100) for each violation of this section.
   (f) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to private property.
   (g) 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. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.