SB 4 - An Act to Add Section 5008.9 to the Public Resources Code, Relating to Public Resources.

Public resources: state beaches and parks: smoking ban. 2009-2010 Legislature. View bill details
Author(s):
Summary:
(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… More
(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. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on March 22, 2010.

voted YES: 42 voted NO: 27
10 voted present/not voting

An Act to Add Section 5008.9 to the Public Resources Code, Relating to Public Resources.

SB 4 — 2009-2010 Legislature

Summary
(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… More
(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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 5008.9 to the Public Resources Code, Relating to Public Resources.
Author(s)
Jenny Oropeza
Co-Authors
    Subjects
    • Public resources: state beaches and parks: smoking ban
    Major Actions
    Introduced12/01/2008
    Referred to Committee
    Passed Senate Committee on Natural Resources and Water3/24/2009
    Passed Senate5/14/2009
    Passed Assembly Committee on Governmental Organization7/01/2009
    Passed Assembly Committee on Water, Parks and Wildlife7/07/2009
    Passed Assembly Committee on Appropriations8/19/2009
    Failed passage in Assembly3/18/2010
    Passed Assembly3/22/2010
    Passed Senate4/15/2010
    Presented to the governor (enrolled)4/19/2010
    Vetoed by Governor5/03/2010
    Vetoed by Governor5/03/2010
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteSenate Committee on Natural Resources and WaterDo pass, but re-refer to the Committee on Appropriations.3/24/2009This motion PASSED the Senate Committee on Natural Resources and Water
    7 voted YES 3 voted NO 1 voted present/not voting
    select this voteSenateSenate 3rd Reading SB4 Oropeza5/14/2009This bill PASSED the Senate
    21 voted YES 14 voted NO 4 voted present/not voting
    select this voteAssembly Committee on Governmental OrganizationDo pass and be re-referred to the Committee on Water, Parks and Wildlife.7/01/2009This motion PASSED the Assembly Committee on Governmental Organization
    10 voted YES 7 voted NO 2 voted present/not voting
    select this voteAssembly Committee on Water, Parks and WildlifeDo pass as amended and be re-referred to the Committee on Appropriations.7/07/2009This motion PASSED the Assembly Committee on Water, Parks and Wildlife
    7 voted YES 4 voted NO 2 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.8/19/2009This motion PASSED the Assembly Committee on Appropriations
    11 voted YES 6 voted NO 0 voted present/not voting
    select this voteAssemblySB4 Oropeza Senate Third Reading By BROWNLEY3/18/2010This bill DID NOT PASS the Assembly
    37 voted YES 24 voted NO 18 voted present/not voting
    currently selectedAssemblySB4 Oropeza Senate Third Reading By BROWNLEY3/22/2010This bill PASSED the Assembly
    42 voted YES 27 voted NO 10 voted present/not voting
    select this voteSenateUnfinished Business SB4 Oropeza4/15/2010This bill PASSED the Senate
    21 voted YES 13 voted NO 5 voted present/not voting
    ActionDateDescription
    Introduced12/01/2008
    12/01/2008Introduced. Read first time. To Com. on RLS. for assignment. To print.
    12/02/2008From print. May be acted upon on or after January 1.
    1/29/2009To Com. on N.R. & W.
    3/17/2009Set for hearing March 24.
    select this voteVote3/24/2009Do pass, but re-refer to the Committee on Appropriations.
    3/24/2009From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3. Page 339.) Re-referred to Com. on APPR.
    4/14/2009Set for hearing April 20.
    4/15/2009Set, first hearing. Hearing canceled at the request of author.
    4/24/2009Set for hearing May 4.
    5/04/2009From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
    5/05/2009Read second time. Amended. To third reading.
    5/14/2009Read third time. Passed. (Ayes 21. Noes 14. Page 892.) To Assembly.
    5/14/2009In Assembly. Read first time. Held at Desk.
    select this voteSenate Vote on Passage5/14/2009Senate 3rd Reading SB4 Oropeza
    5/26/2009To Coms. on G.O. and W.,P. & W.
    6/18/2009From committee with author's amendments. Read second time. Amended. Re-referred to Com. on G.O.
    select this voteVote7/01/2009Do pass and be re-referred to the Committee on Water, Parks and Wildlife.
    7/01/2009From committee: Do pass, but first be re-referred to Com. on W.,P. & W. (Ayes 10. Noes 7.) Re-referred to Com. on W.,P. & W. (Heard in committee on July 1.)
    select this voteVote7/07/2009Do pass as amended and be re-referred to the Committee on Appropriations.
    7/09/2009From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 4.) (Heard in committee on July 7.)
    7/13/2009Read second time. Amended. Re-referred to Com. on APPR.
    select this voteVote8/19/2009Do pass.
    8/20/2009From committee: Do pass. (Ayes 11. Noes 6.) (Heard in committee on August 19.)
    8/24/2009Read second time. To third reading.
    8/27/2009Placed on inactive file on request of Assembly Member Torrico.
    1/04/2010Notice of motion to remove from inactive file given by Assembly Member Krekorian.
    1/05/2010From inactive file to third reading file.
    3/11/2010Read third time. Amended. (Page 4262.) To third reading.
    3/18/2010Read third time. Refused passage. (Ayes 37. Noes 24. Page 4340.) Motion to reconsider made by Assembly Member Brownley. Reconsideration granted. By unanimous consent. (Page 4341.)
    select this voteAssembly Vote on Passage3/18/2010SB4 Oropeza Senate Third Reading By BROWNLEY
    3/22/2010Read third time. Passed. (Ayes 42. Noes 27. Page 4363.) To Senate.
    3/22/2010In Senate. To unfinished business.
    currently selectedAssembly Vote on Passage3/22/2010SB4 Oropeza Senate Third Reading By BROWNLEY
    4/15/2010Senate concurs in Assembly amendments. (Ayes 21. Noes 13. Page 3196.) To enrollment.
    select this voteSenate Vote on Passage4/15/2010Unfinished Business SB4 Oropeza
    4/19/2010Enrolled. To Governor at 2:45 p.m.
    Vetoed5/03/2010Vetoed by Governor.
    5/03/2010In Senate. To unfinished business. (Veto)
    8/02/2010Stricken from Senate file. Veto sustained.

    Average contributions given to Assemblymembers from interest groups that…

    supported this bill

    55% more
    $1,521
    $7,428
    $1,087
    $1,030
    YES$11,067
    $562
    $6,462
    $104
    $0
    NO$7,128

    opposed this bill

    Tobacco & tobacco products [About]
    Average given to Assemblymembers who voted:
    $0
    YES$0
    $0
    NO$0
    9 Organizations Supported and 1 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Add Section 5008.9 to the Public Resources Code, Relating to Public Resources.: SB4 Oropeza Senate Third Reading By BROWNLEY

    9 organizations supported this bill

    California Chiropractic Association
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .
    California Medical Association
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .
    California State Firefighters' Association
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .
    Clean Water Action
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .
    Earth Resource Foundation
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .
    Environment California
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .
    Heal the Bay
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .
    Ocean Conservancy
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .
    Surfrider Foundation
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .

    1 organization opposed this bill

    Commonwealth Brands
    (2010, March 23). SB 4 Senate Bill - Bill Analysis:. Retrieved August 9, 2010, from .

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$9,200$0Yes
    Joel AndersonRCA-77$15,750$0Not Voting
    Juan ArambulaICA-31$0$0Not Voting
    Karen BassDCA-47$53,300$0Yes
    Jim BeallDCA-24$2,875$0Yes
    Bill BerryhillRCA-26$5,900$0No
    Tom BerryhillRCA-25$4,650$0No
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$3,000$0Yes
    Bob BlumenfieldDCA-40$8,500$0Yes
    Steven BradfordDCA-51$2,156$0Yes
    Julia BrownleyDCA-41$500$0Yes
    Joan BuchananDCA-15$16,400$0Yes
    Anna CaballeroDCA-28$14,048$0Yes
    Charles CalderonDCA-58$1,500$0Yes
    Wilmer Amina CarterDCA-62$2,600$0Yes
    Wesley ChesbroDCA-1$4,035$0Yes
    Connie ConwayRCA-34$23,900$0No
    Paul CookRCA-65$5,750$0No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$100$0Yes
    Hector De La TorreDCA-50$33,101$0Not Voting
    Kevin De LeonDCA-45$21,350$0Yes
    Chuck DeVoreRCA-70$0$0No
    Bill EmmersonRCA-63$0$0No
    Mike EngDCA-49$23,740$0Yes
    Noreen EvansDCA-7$3,559$0Yes
    Mike FeuerDCA-42$8,250$0Yes
    Nathan FletcherRCA-75$25,550$0No
    Paul FongDCA-22$6,050$0Yes
    Felipe FuentesDCA-39$17,300$0Not Voting
    Jean FullerRCA-32$22,550$0No
    Warren FurutaniDCA-55$3,575$0Yes
    Ted GainesRCA-4$4,900$0No
    Cathleen GalgianiDCA-17$2,415$0Yes
    Martin GarrickRCA-74$14,500$0No
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$14,200$0No
    Isadore HallDCA-52$18,773$0Not Voting
    Diane HarkeyRCA-73$7,875$0No
    Mary HayashiDCA-18$29,208$0Yes
    Ed HernandezDCA-57$12,674$0Yes
    Jerry HillDCA-19$4,200$0Yes
    Alyson HuberDCA-10$100$0Yes
    Jared HuffmanDCA-6$9,800$0Yes
    Kevin JeffriesRCA-66$500$0No
    Dave JonesDCA-9$48,235$0Yes
    Steve KnightRCA-36$7,980$0No
    Ted LieuDCA-53$33,797$0Yes
    Dan LogueRCA-3$4,600$0No
    Bonnie LowenthalDCA-54$15,850$0Yes
    Fiona MaDCA-12$18,100$0Yes
    Tony MendozaDCA-56$8,400$0Yes
    Jeff MillerRCA-71$4,750$0Not Voting
    Bill MonningDCA-27$17,750$0Yes
    Pedro NavaDCA-35$16,200$0Yes
    Brian NestandeRCA-64$8,800$0No
    Roger NielloRCA-5$3,350$0No
    Jim NielsenRCA-2$1,500$0No
    Chris NorbyRCA-72$0$0No
    John PerezDCA-46$30,550$0Not Voting
    Manuel PerezDCA-80$12,950$0Not Voting
    Anthony PortantinoDCA-44$19,250$0Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$18,337$0Yes
    Lori SaldanaDCA-76$0$0Not Voting
    Jim SilvaRCA-67$3,200$0No
    Nancy SkinnerDCA-14$12,600$0Yes
    Cameron SmythRCA-38$12,400$0No
    Jose SolorioDCA-69$1,750$0Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$1,100$0Yes
    Tom TorlaksonDCA-11$1,950$0Yes
    Norma TorresDCA-61$12,025$0Not Voting
    Alberto TorricoDCA-20$7,125$0Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$20,350$0No
    Mariko YamadaDCA-8$1,217$0Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$9,200$0Yes
    Joel AndersonRCA-77$15,750$0Not Voting
    Juan ArambulaICA-31$0$0Not Voting
    Karen BassDCA-47$53,300$0Yes
    Jim BeallDCA-24$2,875$0Yes
    Bill BerryhillRCA-26$5,900$0No
    Tom BerryhillRCA-25$4,650$0No
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$3,000$0Yes
    Bob BlumenfieldDCA-40$8,500$0Yes
    Steven BradfordDCA-51$2,156$0Yes
    Julia BrownleyDCA-41$500$0Yes
    Joan BuchananDCA-15$16,400$0Yes
    Anna CaballeroDCA-28$14,048$0Yes
    Charles CalderonDCA-58$1,500$0Yes
    Wilmer Amina CarterDCA-62$2,600$0Yes
    Wesley ChesbroDCA-1$4,035$0Yes
    Connie ConwayRCA-34$23,900$0No
    Paul CookRCA-65$5,750$0No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$100$0Yes
    Hector De La TorreDCA-50$33,101$0Not Voting
    Kevin De LeonDCA-45$21,350$0Yes
    Chuck DeVoreRCA-70$0$0No
    Bill EmmersonRCA-63$0$0No
    Mike EngDCA-49$23,740$0Yes
    Noreen EvansDCA-7$3,559$0Yes
    Mike FeuerDCA-42$8,250$0Yes
    Nathan FletcherRCA-75$25,550$0No
    Paul FongDCA-22$6,050$0Yes
    Felipe FuentesDCA-39$17,300$0Not Voting
    Jean FullerRCA-32$22,550$0No
    Warren FurutaniDCA-55$3,575$0Yes
    Ted GainesRCA-4$4,900$0No
    Cathleen GalgianiDCA-17$2,415$0Yes
    Martin GarrickRCA-74$14,500$0No
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$14,200$0No
    Isadore HallDCA-52$18,773$0Not Voting
    Diane HarkeyRCA-73$7,875$0No
    Mary HayashiDCA-18$29,208$0Yes
    Ed HernandezDCA-57$12,674$0Yes
    Jerry HillDCA-19$4,200$0Yes
    Alyson HuberDCA-10$100$0Yes
    Jared HuffmanDCA-6$9,800$0Yes
    Kevin JeffriesRCA-66$500$0No
    Dave JonesDCA-9$48,235$0Yes
    Steve KnightRCA-36$7,980$0No
    Ted LieuDCA-53$33,797$0Yes
    Dan LogueRCA-3$4,600$0No
    Bonnie LowenthalDCA-54$15,850$0Yes
    Fiona MaDCA-12$18,100$0Yes
    Tony MendozaDCA-56$8,400$0Yes
    Jeff MillerRCA-71$4,750$0Not Voting
    Bill MonningDCA-27$17,750$0Yes
    Pedro NavaDCA-35$16,200$0Yes
    Brian NestandeRCA-64$8,800$0No
    Roger NielloRCA-5$3,350$0No
    Jim NielsenRCA-2$1,500$0No
    Chris NorbyRCA-72$0$0No
    John PerezDCA-46$30,550$0Not Voting
    Manuel PerezDCA-80$12,950$0Not Voting
    Anthony PortantinoDCA-44$19,250$0Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$18,337$0Yes
    Lori SaldanaDCA-76$0$0Not Voting
    Jim SilvaRCA-67$3,200$0No
    Nancy SkinnerDCA-14$12,600$0Yes
    Cameron SmythRCA-38$12,400$0No
    Jose SolorioDCA-69$1,750$0Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$1,100$0Yes
    Tom TorlaksonDCA-11$1,950$0Yes
    Norma TorresDCA-61$12,025$0Not Voting
    Alberto TorricoDCA-20$7,125$0Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$20,350$0No
    Mariko YamadaDCA-8$1,217$0Yes

    Interest Groups that supported this bill

    $ Donated
    Physicians$609,168
    Chiropractors$92,979
    Civil servant/public employee$52,144
    Environmental policy$48,159

    Interest Groups that opposed this bill

    $ Donated
    Tobacco & tobacco products$0
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