BILL NUMBER: SB 4	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2009

INTRODUCED BY   Senator Oropeza

                        DECEMBER 1, 2008

   An act to add Section 5008.9 to the Public Resources Code,
relating to public resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 4, as amended, Oropeza. Public resources: state beaches and
parks: smoking ban.
   (1) 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, a pipe, cigar, or cigarette on a state coastal beach or in a
unit of the state park system, as defined. The bill would establish
a state-mandated local program by creating a new crime.
   This bill would permit the Department of Parks and Recreation or
another relevant state agency to develop and post signs at a state
coastal beach or a unit 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 alerting
the public of the   prohibition. 
   (2) 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.
   (2) "Cigarette" has the same meaning as defined in Section 104556
of the Health and Safety Code.
   (3) "Smoke or smoking" means the carrying of a lighted pipe,
lighted cigar, or lighted cigarette, of any kind, or the lighting of
a pipe, cigar, or cigarette, of any kind, including, but not limited
to, tobacco or any other weed or plant.
   (4) "State coastal beach" means a sand 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. "State coastal beach" does not include an
adjacent parking lot.
   (5) "Unit of the state park system" means an area specified in
Section 5002. "Unit of the state park system" does not include an
adjacent parking lot.
   (b) A person shall not smoke a cigar, cigarette, or other
tobacco-related product on a state coastal beach or in a unit of the
state park system.
   (c) A person who violates this section is guilty of an infraction
and shall be punished by a fine of  two hundred fifty dollars
($250)   one hundred dollars ($100)  .
   (d) The Department of Parks and Recreation or another relevant
state agency or department may develop and post signs at a state
coastal beach and a unit of the state park system to provide notice
of the smoking prohibition set forth in subdivision (b). New signs
shall be posted only when existing signs are replaced by the state.

   (e) This section shall only be enforced on state coastal beaches
or in a unit of the state park system once signs have been posted
alerting the public to the smoking prohibition in subdivision (b).

  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.