BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1333 (Block) - State beaches and parks:  smoking ban
          
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          |Version: February 19, 2016      |Policy Vote: N.R. & W. 7 - 2    |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 9, 2016       |Consultant: Narisha Bonakdar    |
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          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  







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          $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  








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          into effect after signs were posted. Vetoed by the Governor.


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