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AB-1569 Smoking in vehicles with minor passengers.(2003-2004)

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AB1569:v94#DOCUMENT

Amended  IN  Assembly  April 07, 2003
Amended  IN  Assembly  June 02, 2003
Amended  IN  Senate  June 10, 2004
Amended  IN  Senate  June 23, 2004
Amended  IN  Senate  July 19, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 1569

Introduced  by  Assembly Member Firebaugh
 (Principal Coauthor(s): Senator Ortiz)
 (Coauthor(s): Assembly Member Chu, Dymally, Goldberg, Koretz, Levine, Montanez, Oropeza, Reyes, Vargas)
 (Coauthor(s): Senator Alarcon, Florez, Kuehl, Romero, Soto)

February 21, 2003

An act to add Article 2.5 (commencing with Section 118947) to Chapter 4 of Part 15 of Division 104 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1569, as amended, Firebaugh. Smoking in vehicles with minor passengers.
Existing law makes it an infraction for a person to smoke a cigarette, cigar, or other tobacco-related product within 25 feet of a playground or tot lot sandbox area.
This bill would, commencing January 1, 2006, make it an infraction punishable by a fine not exceeding $25 for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a child passenger who is required to be secured in a child passenger restraint system. The bill would make the first violation of these provisions an infraction not subject to a fine.
This bill would require all fines collected to be deposited into the Secondhand Smoke Education Fund to be available, upon appropriation by the Legislature, for the State Department of Health Services to conduct, as a part of its ongoing public education and awareness campaign, a public education program regarding the dangers of secondhand smoke in confined places to be conducted by the State Department of Health Services, and to the extent that funds are available, the bill would require the department to inform the public of the bill’s prohibitions and requirements.
The bill would impose a state-mandated local program by creating a new crime.
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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature to accomplish all of the following:
(a) To encourage all affected parties to continue to educate families of the health implications of secondhand smoke on children, particularly involving motor vehicles, and to educate the general public regarding its responsibilities in implementing this act.
(b) To educate drivers by publishing in the California Driver’s Handbook the new restrictions established by this act and the consequences of failing to comply with those restrictions, and to include this information with the mailing of vehicle registration renewals.

SEC. 2.

 Article 2.5 (commencing with Section 118947) is added to Chapter 4 of Part 15 of Division 104 of the Health and Safety Code, to read:
Article  2.5. Smoking in Motor Vehicles

118947.
 (a) It is unlawful for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a child passenger who is required under the Vehicle Code to be secured in a child passenger restraint system.
(b) For the purposes of this section, to “smoke” means to have in one’s immediate possession a lighted pipe, cigar, or cigarette containing tobacco or any other plant.
(c) The first violation of this section is an infraction and shall not be subject to a fine. Any subsequent violation of this section is an infraction punishable by a fine not exceeding twenty-five dollars ($25) for each violation.

(d)Notwithstanding Section 1463 of the Penal Code, all fines collected pursuant to this section shall be deposited into the Secondhand Smoke Education Fund which is hereby established in the State Treasury. Money in the Secondhand Smoke Education Fund shall be available, upon appropriation by the Legislature, for the purposes of Section 118948.

As part of its ongoing public education and awareness campaign, to the extent funds are available, the Tobacco Control Section of the State Department of Health Services shall conduct a public education program to inform the public of the dangers of secondhand smoke in confined spaces, particularly for young children in automobiles. The program shall be funded with existing money available to the Tobacco Control Section of the department and any money deposited into the Secondhand Smoke Education Fund.
(d) This section shall become operative on January 1, 2006.

118948.
 (a) As part of its ongoing public education and awareness campaign, the Tobacco Control Section of the State Department of Health Services shall conduct a public education program to inform the public of the dangers of secondhand smoke in confined spaces, particularly the danger to children.
(b) To the extent that funds are available, the department shall inform the public of the provisions of this article.

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.