BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 4|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 4
Author: Oropeza (D)
Amended: 5/5/09
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 7-3, 3/24/09
AYES: Pavley, Kehoe, Leno, Padilla, Simitian, Wiggins,
Wolk
NOES: Benoit, Hollingsworth, Huff
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Public resources: state beaches and parks:
smoking ban
SOURCE : Author
DIGEST : This bill prohibits smoking on any state coastal
beach or state park unit, except in adjacent parking lots.
A violation of this section would be an infraction and
punishable by a $100 fine and will 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.
ANALYSIS : In 2003, Solana Beach in San Diego County
became the first California city to prohibit smoking on the
beach. The ordinance was passed in response to both second
hand smoke health concerns and smoking related litter.
CONTINUED
SB 4
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2
Since then, numerous jurisdictions have adopted ordinances
that ban smoking in parks or public beaches including but
not limited to the Counties of San Mateo and San Francisco
and the Cities of San Diego, Los Angeles, Huntington Beach,
Pasadena, Carson, and Davis.
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.
In 2001, the Legislature passed AB 188 (Vargas), which
prohibited smoking and the disposal of smoking related
waste within 25 feet of any playground (Section 104495 of
the Health and Safety Code). A violation of this section
is an infraction and is punishable by a $250 fine for each
incident. Punishment under this section does not preclude
punishment under other littering provisions. Additional
state statutes prohibit smoking in public buildings,
workplaces, and restaurants.
This bill prohibits smoking on any state coastal beach or
state park unit, except in adjacent parking lots. A
violation of this section would be an infraction and
punishable by a $100 fine and will 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.
This bill also authorizes the Department of Parks and
Recreation, or another state agency, to develop and post
signs to provide notice of the smoking prohibition. New
signs could only be posted when existing signs are being
replaced.
Note: In 2004,
the Senate Natural Resources and Water Committee passed AB
1583 (Koretz), which prohibited smoking at all public
coastal beaches.
AB 1583 was later amended to only apply to state beaches
and excluded parking lots and non-sand campgrounds from the
prohibition. AB 1583 ultimately failed to pass the
Senate. Also in 2004, the
Senate Natural Resources and Water Committee failed to pass
SB 4
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AB 454 (Yee), which would have prohibited smoking on state
beaches except within 20 feet of a waste receptacle.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/4/09)
American Cancer Society
American Heart Association
California Medical Association
Heal the Bay
OPPOSITION : (Verified 5/4/09)
Commonwealth Brands
ARGUMENTS IN SUPPORT : Supporters of the bill believe
that this bill will reduce litter, reduce exposure to
second hand smoke, and will increase fire safety. The
author cities a 1998 US EPA statistic that determines
cigarette butts to be the most frequently found marine
debris item in the United States.
The author's office states, "According to the California
Department of Forestry (over a five-year average), smoking
has been found to be the cause of more than 100 CDF fires
and more than 3400 acres of damage annually."
ARGUMENTS IN OPPOSITION : Commonwealth Brands, the fourth
largest tobacco manufacturer in the U.S., opposes the bill.
It believes that a ban on smoking at beaches and parks is
disproportionate and unnecessary that infringes on the
freedoms and rights of smokers.
CTW:nl 5/5/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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