BILL ANALYSIS
SB 4
Page 1
SENATE THIRD READING
SB 4 (Oropeza)
As Amended July 13, 2009
Majority vote
SENATE VOTE :21-14
GOVERNMENTAL ORGANIZATION 10-7WATER, PARKS & WILDLIFE 7-4
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|Ayes:|Coto, Chesbro, De Leon, |Ayes:|Huffman, Arambula, |
| |Evans, Hill, Lieu, | |Blumenfield, Caballero, |
| |Mendoza, V. Manuel Perez, | |Krekorian, Salas, Yamada |
| |Portantino, Torrico | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Anderson, Cook, Hall, |Nays:|Fuller, Anderson, Tom |
| |Jeffries, Nestande, | |Berryhill, Fletcher |
| |Silva, Tran | | |
| | | | |
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APPROPRIATIONS 11-6
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|Ayes:|De Leon, Ammiano, Charles | | |
| |Calderon, Coto, Davis, | | |
| |Fuentes, John A. Perez, | | |
| |Skinner, Solorio, | | |
| |Torlakson, Hill | | |
| | | | |
|-----+----------------------------+---+--------------------------|
|Nays:|Conway, Duvall, Hall, | | |
| |Harkey, Miller, Audra | | |
| |Strickland | | |
| | | | |
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SUMMARY : Makes it a crime for an individual to smoke on a state
beach or a state park. Specifically, this bill :
1)Requires that the prohibition on smoking cigars, cigarettes,
or other tobacco-related products be in effect in units of the
state park system only if the district superintendent of the
state park system has posted an order in accordance with state
park regulations policy that prohibits smoking in those areas,
SB 4
Page 2
and public notice of the proposed order has been provided for
at least 30 days.
2)Establishes a $100 infraction for a person who smokes a cigar,
cigarette, or other tobacco-related product on a state coastal
beach or in a unit of the state park system, as defined under
this section.
3)Permits the Department of Parks and Recreation (DPR) or
another relevant state agency or department 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.
4)Requires the smoking prohibition to be enforced on state
coastal beaches or in a unit of the state park system once
signs have been posted altering the public to the smoking
prohibition, but, this bill would authorize warnings to be
given before signs have been posted.
EXISTING LAW :
1)Makes it an infraction for a person to smoke within 25 feet of
a playground or sandbox area.
2)Prohibits smoking inside a public building, or in an outdoor
area within 20 feet of a main exit, entrance or window of a
public building, or in a state-owned passenger vehicle.
Authorizes a person to smoke in any other outdoor area of a
public building unless otherwise prohibited by state law or
local ordinance, and a sign describing the prohibition is
posted.
3)Allows cities, counties and colleges to adopt more restrictive
ordinances prohibiting smoking.
4)Requires DPR to administer and protect state park properties
for the use and enjoyment of the public. Prohibits smoking in
state parks upon a finding of extreme fire hazard by DPR,
except as allowed in designated areas.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs for this bill would be minor and absorbable
within the existing DPR budget.
SB 4
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COMMENTS : In 2003, Solana Beach in San Diego County was 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. Since then, the
counties of San Mateo and San Francisco along with the cities of
Carson, Davis, Huntington Beach, Los Angeles, Pasadena, and San
Diego have adopted ordinances that prohibit smoking in their
parks and local beaches.
Currently, the State Parks system prohibits smoking in certain
situations like specific guided walks, buildings, and trails.
Added smoking restrictions are imposed in places where high fire
dangers are most likely to occur.
This bill seeks to reduce litter, reduce exposure to secondhand
smoke, and increase fire safety.
According to the author, a 1998 United States Environmental
Protection Agency statistic determined that cigarette butts were
the most frequently found piece of marine debris item in the
nation. Author also states, "According to the California
Department of Forestry (Cal-FIRE) (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."
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531
FN: 0002336