BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 4
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     SB 4 (Oropeza) - As Amended:  July 13, 2009 

          Policy Committee:                              Governmental  
          Organization Vote:                            10 - 7 
                        Water, Parks and Wildlife               7 - 4 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill would make it a crime for a person to smoke on a state  
          beach or in a state park. Specifically, this bill: 

          1)Prohibits a person from smoking a cigar, cigarette, or other  
            tobacco-related product on a state coastal beach.

          2)Prohibits a person from smoking in any unit of the state park  
            system if the district superintendent of the state park system  
            has posted an order prohibiting smoking and the order has been  
            in place for 30 days.

          3)Specifies that a person who violates this provision is guilty  
            of an infraction, punishable by a fine of $100.

          4)Authorizes the Department of Parks and Recreation to develop  
            and post signs at state beaches and parks stating that smoking  
            is prohibited.

          5)States that new signs shall be posted only when existing signs  
            are replaced by the state.

          6)Prohibits the enforcement of this ban unless signs have been  
            posted, except that warnings may be given prior to the posting  
            of signs.

           FISCAL EFFECT  

          Costs for this legislation would be minor and absorbable within  
          the existing Department of Parks and Recreation budget. 








                                                                  SB 4
                                                                  Page  2


           COMMENTS  

           1)Rationale  . This bill seeks to reduce litter, reduce exposure  
            to second hand smoke and increase fire safety.  According to  
            background information provided by the author, the United  
            States Environmental Protection Agency (EPA) has determined  
            that cigarette butts are the most frequently found marine  
            debris item in the United States. The author further notes  
            that according to the California Department of Forestry (CDF),  
            smoking has been found to be the cause of more than 100 CDF  
            fires and more than 3,400 acres of damages annually.  The  
            author notes that this bill is needed to protect California  
            state parks and beaches.
           
          2)Related Legislation  . Prior proposals similar to this measure  
            include SB 4 (Oropeza) of 2007 and SB 1418 (Oropeza) of 2008,  
            both of which were held in the Senate policy committee, and AB  
            1583 (Koretz) and AB 454 (Yee) both of 2004, which were also  
            held in the Senate.   


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081