BILL NUMBER: SB 1333	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        FEBRUARY 19, 2016

   An act to add Section 5008.9 to the Public Resources Code,
relating to state beaches and parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1333, as introduced, Block. State beaches and parks: smoking
ban.
   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 make it an infraction for a person to smoke, as
defined, on a state coastal beach or in a unit of the state park
system or to dispose of used cigar or cigarette waste on a state
coastal beach or in a unit of the state park system. The bill would
establish a state-mandated local program by creating a new crime.
   This bill would require the Department of Parks and Recreation to
develop and post signs at state coastal beaches and units of the
state park system to provide notice of the smoking prohibition. The
bill would require the smoking prohibition to be enforced only after
signs have been posted.
    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.  Section 5008.9 is added to the Public Resources Code,
to read:
   5008.9.  (a) For purposes of this section, the following
definitions apply:
   (1) "Cigar" has the same meaning as defined in Section 104550 of
the Health and Safety Code and, for purposes of this section, may
contain any other weed or plant as an alternative or supplement to
tobacco or nicotine.
   (2) "Cigarette" has the same meaning as defined in Section 104556
of the Health and Safety Code and, for purposes of this section, may
contain any other weed or plant as an alternative or supplement to
tobacco or nicotine.
   (3) (A) "Smoke or smoking" means the carrying of a lighted pipe, a
lighted cigar, a lighted cigarette, or any other lighted oral
smoking device, or the lighting of a pipe, a cigar, a cigarette, or
any other oral smoking device.
   (B) "Smoke or smoking" includes the use of an electronic smoking
device that creates an aerosol or vapor, in any manner or in any
form.
   (4) "State coastal beach" means an area that is owned, operated,
or under the jurisdiction of the state, an agency of the state, or a
department of the state and that adjoins the ocean, a bay, or an
estuary.
   (5) "Unit of the state park system" means an area specified in
Section 5002.
   (b) A person shall not smoke on a state coastal beach or in a unit
of the state park system.
   (c) A person shall not dispose of used cigar or cigarette waste on
a state coastal beach or in a unit of the state park system.
   (d) A person who violates this section is guilty of an infraction
and shall be punished by a fine of up to two hundred fifty dollars
($250).
   (e) The department shall develop and post signs at state coastal
beaches and units of the state park system to provide notice of the
smoking prohibition set forth in subdivision (b). Subdivision (b)
shall be enforced on state coastal beaches or in units of the state
park system only after signs have been posted.
  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.