Bill Text: CA SB4 | 2009-2010 | Regular Session | Enrolled
Bill Title: Public resources: state beaches and parks: smoking ban.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-08-02 - Stricken from Senate file. Veto sustained. [SB4 Detail]
Download: California-2009-SB4-Enrolled.html
BILL NUMBER: SB 4 ENROLLED
BILL TEXT
PASSED THE SENATE APRIL 15, 2010
PASSED THE ASSEMBLY MARCH 22, 2010
AMENDED IN ASSEMBLY MARCH 11, 2010
AMENDED IN ASSEMBLY JULY 13, 2009
AMENDED IN ASSEMBLY JUNE 18, 2009
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, 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, except as specified. The
bill would require that the ban on smoking 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.
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, but would authorize warnings to be
given before signs have been posted.
The bill would state the intent of the Legislature with regard to
the enforcement of these prohibitions.
(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.
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) (1) Except as provided in paragraph (2), a person shall not
smoke a cigar, cigarette, or other tobacco-related product on a state
coastal beach.
(2) (A) This section shall not apply to an area of a state coastal
beach that is officially designated as a campsite.
(B) This section shall not apply to the Oceano Dunes State
Vehicular Recreation Area.
(c) In units of the state park system, other than state coastal
beaches, a person shall not smoke a cigar, cigarette, or other
tobacco-related product 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.
(d) A person who violates this section is guilty of an infraction
and shall be punished by a fine of one hundred dollars ($100).
(e) 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 in subdivision (b). New signs shall be
posted only when existing signs are replaced by the state.
(f) This section shall be enforced only 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),
except that warnings may be given before signs have been posted.
(g) It is the intent of the Legislature, in enacting this section,
that this section be enforced using the existing resources of the
department and that this enforcement not otherwise affect any other
existing duty or authority exercised by an employee of the
department.
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.
