BILL NUMBER: AB 746	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 21, 2013

   An act to add Article 4 (commencing with Section 118960) to
Chapter 4 of Part 15 of Division 104 of the Health and Safety Code,
relating to smoking.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 746, as amended, Levine. Smoking: prohibition in multifamily
dwellings.
   Existing law regulates the smoking of tobacco in various public
places, prohibits the smoking of tobacco in a private residence that
is licensed as a family day care home during its hours of operation
and in those areas of the facility where children are present, and
authorizes a landlord to prohibit the smoking of tobacco in the
building or on the property.
   This bill would prohibit the smoking of a cigarette or other
tobacco products in all areas of multifamily dwellings, except those
areas designated as areas where smoking is permitted, as specified.
This bill would define, for the purposes of these provisions,
multifamily dwellings to mean residential property containing 2 or
more units with one or more shared walls, floors, ceilings, or
ventilation systems. This bill would provide that any person who
violates the requirements of the bill is guilty of an infraction 
, punishable as specified. The bill would require the State
Department of Public Health to develop, implement, and publicize a
smoking cessation awareness and educational program, including a
description of the penalties that shall be imposed for a violation of
the bill's provisions  . 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Article 4 (commencing with Section 118960) is added to
Chapter 4 of Part 15 of Division 104 of the Health and Safety Code,
to read:

      Article 4.  Smoking in Multifamily Dwellings


   118960.  (a) The smoking of a cigarette, as defined in Section
104556, or other tobacco product is prohibited in the units and all
other areas of new and existing multifamily dwellings, except those
areas that have been designated pursuant to subdivision  (c)
 as areas where smoking is permitted  (c)  .
   (b) For the purposes of this section, "multifamily dwelling" means
residential property containing two or more units with one or more
shared walls, floors, ceilings, or ventilation systems.
   (c) The landlord, property manager, building owner, homeowners'
association, or other equivalent authority may designate an outdoor
area where smoking is permitted if the area meets all of the
following criteria:
   (1) The area is located at least 20 feet from any unit or enclosed
area where smoking is prohibited.
   (2) The area does not include, and is at least 100 feet from,
unenclosed areas primarily used by children and unenclosed areas with
improvements that facilitate physical activity including
playgrounds, swimming pools, and school campuses.
   (3) The area includes no more than 10 percent of the total
enclosed area of the multifamily dwelling for which it is designated.

   (4) The area has a clearly marked perimeter and is identified by
conspicuous signs.
   (5) The area is completely within a confined area.
   (6) The area does not overlap with any enclosed or unenclosed area
in which smoking is otherwise prohibited.
   (d)  Any   On and after January 1, 2015, any
 person who violates this section is guilty of an infraction and
shall be punished  by   as follows: 
    (1)     For a first offense, by being
informed, in writing, that smoking in the unit or enclosed area is a
violation of this section. 
    (2)     For a se   cond offense,
by  a fine not to exceed one hundred dollars ($100) for each
violation  , or by enrollment in a smoking cessation program
offered through the State Department of Public Health  . 
   (3) For a third offense, by a fine not to exceed two hundred
dollars ($200). 
   (e) This section shall not  be construed to 
preempt a city or county from enacting or enforcing an ordinance
relating to smoking in multifamily dwellings if the ordinance is more
stringent than this section. 
   (f) The State Department of Public Health shall develop,
implement, and publicize a smoking cessation awareness and
educational program, including a description of the penalties that
shall be imposed 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.