BILL NUMBER: AB 625	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  MAY 18, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 25, 2009

   An act to amend Section 14941 of, and to add Section 14944 to, the
Health and Safety Code, relating to cigarette lighters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 625, Lieu. Novelty lighters.
   Existing law requires the State Fire Marshal to specify standards
for the design of cigarette lighters. Existing law prohibits a person
from selling, offering for sale, or distributing a cigarette lighter
that does not comply with those standards. A violation of these
provisions is an infraction.
   This bill would, in addition, prohibit a person, including a
manufacturer, distributor, importer, or retailer, from selling,
offering for sale, distributing, or offering for promotion an
operable novelty lighter. The bill would define a novelty lighter as
a mechanical or electrical device, operating on any type of fuel,
that is typically used for lighting cigarettes, cigars, or pipes and
that (1) is designed to appear to be a toy, (2) has entertaining
audio or visual effects, or (3) resembles in physical form or
function articles commonly recognized as appealing to, or intended
for use by, persons under 12 years of age. The bill would exempt from
these provisions a device that is (1) manufactured before January 1,
1980, (2) incapable of being fueled or lacking a means of
combustion, (3) used primarily to ignite fuel for fireplaces or
grills, or (4) printed or decorated with logos, labels, decals,
artwork, or heat shrinkable sleeves. A violation of this prohibition
would be an infraction. By creating a new crime, the 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.


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

  SECTION 1.  Section 14941 of the Health and Safety Code is amended
to read:
   14941.  As used in this part, the following terms shall have the
following meanings:
   (a) "Cigarette lighter" means a device used to light cigarettes,
cigars, and pipes, but does not mean a match. "Cigarette lighter"
includes a device, such as a watch, that may be used to light
cigarettes, cigars, and pipes even though it is primarily used for
other purposes. "Cigarette lighter" does not include lighters that
are refillable and have a gross fueled weight of at least 35 grams.
   (b) (1) "Novelty lighter" means a mechanical or electrical device,
operating on any type of fuel, including butane or liquid fuel, that
is typically used for lighting cigarettes, cigars, or pipes and that
has any of the following characteristics:
   (A) The device is designed to appear to be a toy.
   (B) The device has entertaining audio or visual effects.
   (C) The device resembles in physical form or function articles
commonly recognized as appealing to, or intended for use by, persons
under 12 years of age.
   (2) The devices described in subparagraphs (A) to (C), inclusive,
of paragraph (1) include, but are not limited to, devices that
resemble cartoon characters, guns or other weapons, watches, musical
instruments, vehicles, toy animals, cell phones, batteries, common
household items, or foods or beverages, or devices that play musical
notes or have flashing lights or other entertaining features.
   (3) "Novelty lighter" does not include any of the following:
   (A) A device manufactured before January 1, 1980.
   (B) A device that is incapable of being fueled or that lacks a
means of producing combustion or a flame.
   (C) A device used primarily to ignite fuel for fireplaces or for
charcoal or gas grills.
   (D) A device printed or decorated with logos, labels, decals,
artwork, or heat shrinkable sleeves.
   (c) "Operate" means the ability to cause a cigarette lighter to
ignite.
   (d) "Special design" means a design of a cigarette lighter that
results in the cigarette lighter being significantly difficult for
children under five years of age to operate.
  SEC. 2.  Section 14944 is added to the Health and Safety Code, to
read:
   14944.  (a) No person, including a manufacturer, distributor,
importer, or retailer, shall sell, offer for sale, distribute, or
offer for promotion an operable novelty lighter.
   (b) The prohibition contained in subdivision (a) shall not apply
to the storage of novelty lighters in a location that is closed to
the public for the purpose of distributing the novelty lighters
outside the state.
   (c) This section shall be enforced by the State Fire Marshal, any
police officer, any local code enforcement official, or any state or
local official authorized to enforce the provisions of this part.
   (d) A person who violates subdivision (a) is guilty of an
infraction and shall be punished by a fine not to exceed five hundred
dollars ($500).
   (e) This section shall not supersede any ordinance enacted by a
local jurisdiction prior to January 1, 2010.
  SEC. 3.  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.