BILL ANALYSIS
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VETO
Bill No: SB 4
Author: Oropeza (D)
Amended: 3/11/10
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
SENATE FLOOR : 21-13, 4/15/10
AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier,
Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Maldonado,
Negrete McLeod, Oropeza, Padilla, Pavley, Romero,
Simitian, Steinberg, Wolk, Yee
NOES: Aanestad, Ashburn, Cogdill, Correa, Cox, Dutton,
Harman, Hollingsworth, Huff, Runner, Strickland, Walters,
Wyland
NO VOTE RECORDED: Denham, Ducheny, Price, Wiggins, Wright
ASSEMBLY FLOOR : 42-27, 3/22/10 - See last page for vote
SUBJECT : Public resources: state beaches and parks:
smoking ban
SOURCE : Author
CONTINUED
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DIGEST : This bill makes it an infraction for an
individual to smoke on a state beach or a state park, as
specified.
Assembly Amendments (1) require that the ban on smoking be
in effect in units of the state park system only if the
district representative of the state park system has posted
in accordance with state park regulations policy that
prohibits smoking in those areas, and public notice of the
proposed order has been provided for at least 30 days, and
(2) specifies that the bill does not apply to an area of a
state coastal beach that is officially designated as a
campsite, (3) specifies that the bill does not apply to the
Oceano Dunes State Vehicular Recreation Area, and (4)
declares the intent of the Legislature that this bill is to
be enforced using the existing resources of the Department
of Parks and Recreation, and that this enforcement not
otherwise affect any other existing duty or authority
exercised by an employee of the Department.
ANALYSIS : 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 the Department of Parks and Recreation (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.
This bill:
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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, 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 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 alerting the public to the
smoking prohibition, but, this bill would authorize
warnings to be given before signs have been posted.
5. Exempts a state coastal beach area that is an officially
designated campsite.
6. Exempts Oceano Dunes State Vehicular Recreation Area.
7. Clarifies it is the intent of the Legislature, in
enacting this section, that this section be enforced
using the existing resources of the Department of Parks
and Recreation and that this enforcement not affect any
other existing duty or authority exercised by a
Department of Parks and Recreation employee.
8. Makes a relating technical change.
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
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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.
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
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
According to the Assembly Appropriations Committee, costs
for this bill would be minor and absorbable within the
existing DPR budget.
SUPPORT : (Verified 3/23/10)
California Chiropractic Association
California Medical Association
California State Firefighters Association
Clean Water Action
Earth Resource Foundation
Environment California
Heal the Bay
Ocean Conservancy
Sierra Club
The Surfrider Foundation
Cities of: Calabasas, Dana Point, El Segundo, Hermosa
Beach, Huntington Beach,
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Laguna Beach, Long Beach, Los Angeles, Manhattan Beach,
Newport Beach, Palos Verdes Estates, Rancho Palos Verdes,
Redondo Beach,
Sacramento, San Clemente, San Diego, Santa Monica, Seal
Beach, Torrance
OPPOSITION : (Verified 3/23/10)
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.
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 4 without my signature.
This bill would impose a ban on smoking in parks and
coastal beaches owned by the state of California.
While I understand and appreciate the intent of the
author with respect to addressing the issues of public
health protection, fire hazard mitigation and marine
debris avoidance, I am unable to sign this bill for
several reasons.
First, I believe this bill is an improper intrusion of
government into people's lives. I have supported laws
in the past that tackle the problem of smoking indoors
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and smoking in cars with children. But, by mandating
in state law that people may not smoke outdoors in
certain areas, this bill crosses an important
threshold between state power and command and local
decision-making. There is something inherently
uncomfortable about the idea of the state encroaching
in such a broad manner on the people of California.
Current law already allows discretion by local
governments and the Department of Parks and Recreation
(Department) to ban smoking in parks and beaches under
certain circumstances. The Department has exercised
its authority throughout the state and has already
banned smoking in several areas where fire hazards
exist. Additionally, cities and counties throughout
the state have appropriately exercised their authority
and banned smoking in many parks under their
jurisdiction. I think this is a discretionary
decision that is best left with the Department and
local government.
With respect to marine debris, I understand the
challenge cigarette butts cause to our beaches and
marine life. But, this bill applies the ban solely to
those beaches and parks owned and operated by the
state of California. When considering the contiguous
nature of state-owned and locally-owned beaches, the
purpose of the bill is undermined if the difference
between legal activity and illegal activity is
literally a line in the sand. As we have seen, marine
debris and litter know no boundaries. I believe a
more appropriate response is to increase the fines and
penalties already in law for littering in our parks
and on our beaches.
For these reasons I am unable to sign this bill."
ASSEMBLY FLOOR :
AYES: Ammiano, Bass, Beall, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, Davis, De Leon, Eng, Evans, Feuer, Fong,
Furutani, Galgiani, Hayashi, Hernandez, Hill, Huber,
Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza,
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Monning, Nava, Portantino, Ruskin, Salas, Skinner,
Solorio, Swanson, Torlakson, Torrico, Yamada
NOES: Adams, Bill Berryhill, Tom Berryhill, Blakeslee,
Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,
Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight,
Logue, Nestande, Niello, Nielsen, Norby, Silva, Smyth,
Audra Strickland, Tran, Villines
NO VOTE RECORDED: Anderson, Arambula, De La Torre,
Fuentes, Hall, Miller, V. Manuel Perez, Saldana, Torres,
John A. Perez
DLW:CTW:nl 5/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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