BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1333 (Block) - State beaches and parks: smoking ban
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: February 19, 2016 |Policy Vote: N.R. & W. 7 - 2 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: Yes |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: May 9, 2016 |Consultant: Narisha Bonakdar |
| | |
-----------------------------------------------------------------
This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1333 prohibits smoking or disposing of a used cigar
or cigarette waste on a state beach or a state park system. The
bill also establishes a maximum fine of $250 for a violation of
this law, and requires the Department of Parks and Recreation
(DPR) to post signs indicating that smoking is prohibited.
Fiscal
Impact: Total cost between $840,000 through $1.1 million
(General Fund) for the purchase and installation of signage.
DPR estimates that each sign will between $150 and $200
(excluding any additional costs associated with CEQA or the
Coastal Commission, where applicable). The smoking ban would
apply to 280 parks, with an estimated 20 signs per park.
Background: Under existing law, smoking is prohibited inside a public
building, in a state-owned vehicle, or in an outdoor area within
20 feet of a main entrance, exit, or window. Smoking or
disposing of smoking related waste within 25 feet of a
playground or sandbox area is prohibited and punishable by a
SB 1333 (Block) Page 1 of
?
$250 fine for each incident (Section 104495 of the Health and
Safety Code).
Under state law, there is no prohibition against smoking in an
outdoor area of a public building unless otherwise prohibited by
state law or local ordinance, and signs describing the
prohibition are posted. However, many cities, counties, and
colleges have adopted more restrictive ordinances prohibiting
smoking. For example, the Counties of San Mateo and San
Francisco, the Cities of San Diego, Los Angeles, Huntington
Beach, Pasadena, Carson, and Davis, among others, have adopted
ordinances banning smoking in parks or public beaches.
The State Parks system currently prohibits smoking in certain
situations, such as on specific guided walks, buildings, and
trails. Additional smoking restrictions are imposed where there
are high fire dangers.
Proposed Law:
This bill would:
Prohibit smoking or disposing of used cigar or cigarette waste
on a state beach or a state park system.
Establish a maximum fine of $250 for a violation of this law.
Require DPR to post signs indicating that smoking is
prohibited.
Related
Legislation:
AB 1142 (Bloom, 2013) would have prohibited smoking at state
parks and beaches and would have established a fine of $250 for
a violation. Died in Assembly Governmental Organization
Committee.
SB 4 (Oropeza, 2009) would have prohibited smoking at state
parks and beaches and established a fine of $100 for a
violation. It also included an exemption for designated
campsites at state beaches, and stated that the ban would go
SB 1333 (Block) Page 2 of
?
into effect after signs were posted. Vetoed by the Governor.
-- END --