California 2009-2010 Regular Session Status: To Executive

SB 4 — Public resources: state beaches and parks: smoking ban.

Last action — Stricken from Senate file. Veto sustained.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 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.

Bill Text

Action History

  1. Stricken from Senate file. Veto sustained.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 2:45 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 21. Noes 13. Page 3196.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 42. Noes 27. Page 4363.) To Senate.

  8. By unanimous consent. (Page 4341.)

  9. Reconsideration granted.

  10. Motion to reconsider made by Assembly Member Brownley.

  11. Read third time. Refused passage. (Ayes 37. Noes 24. Page 4340.)

  12. Read third time. Amended. (Page 4262.) To third reading.

  13. From inactive file to third reading file.

  14. Notice of motion to remove from inactive file given by Assembly Member Krekorian.

  15. Placed on inactive file on request of Assembly Member Torrico.

  16. Read second time. To third reading.

  17. (Heard in committee on August 19.)

  18. From committee: Do pass. (Ayes 11. Noes 6.)

  19. Read second time. Amended. Re-referred to Com. on APPR.

  20. (Heard in committee on July 7.)

  21. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 4.)

  22. (Heard in committee on July 1.)

  23. From 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.

  24. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on G.O.

  25. To Coms. on G.O. and W.,P. & W.

  26. In Assembly. Read first time. Held at Desk.

  27. Read third time. Passed. (Ayes 21. Noes 14. Page 892.) To Assembly.

  28. Read second time. Amended. To third reading.

  29. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  30. Set for hearing May 4.

  31. Set, first hearing. Hearing canceled at the request of author.

  32. Set for hearing April 20.

  33. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3. Page 339.) Re-referred to Com. on APPR.

  34. Set for hearing March 24.

  35. To Com. on N.R. & W.

  36. From print. May be acted upon on or after January 1.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Oropeza · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Oropeza

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB4 Oropeza

Passed 22 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 201205
Democratic 2000
Republican 0100
Total 221305
% of votes cast 55%33%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Nay
Wyland — Nay
Corbett — Yea
Lowenthal — Yea
Negrete — Yea
Ducheny — Not Voting
Dutton — Nay
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Kehoe — Yea
Ashburn — Nay
Liu — Yea
McLeod — Yea
Oropeza — Yea
Price — Not Voting
Romero — Yea
Simitian — Yea
Wolk — Yea
Wright — Not Voting
Aanestad — Nay
Alquist — Yea
Harman — Nay
Leno — Yea
Maldonado — Yea
Pavley — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Cedillo — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB4 Oropeza Senate Third Reading By BROWNLEY

Passed 45 Yea · 30 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 4228015
Democratic 2001
Republican 1200
Total 4530016
% of votes cast 49%33%0%18%
How each member voted (91)
Member Party Vote
Hagman — Nay
Carter — Yea
Evans — Yea
Feuer — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Galgiani — Yea
Hayashi — Yea
Charles — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Ma — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Beall — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torrico — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Conway — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Saldana — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Cook — Nay
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Hall — Not Voting
Jeffries — Nay
Anderson — Not Voting
Miller — Not Voting
Nestande — Nay
Norby — Nay
Smyth — Nay
Torres — Not Voting
Tran — Nay
Adams — Nay
Ammiano — Yea
Bass — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hernandez — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Nielsen — Nay
Silva — Nay
Skinner — Yea
Torlakson — Yea
Villines — Nay
Emmerson — Nay
Eng — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Not Voting
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

SB4 Oropeza Senate Third Reading By BROWNLEY

Failed 41 Yea · 27 Nay · 23 Other
Party YeaNayPresentNot Voting
Unaffiliated 3926020
Democratic 1002
Republican 1101
Total 4127023
% of votes cast 45%30%0%25%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Fuller — Nay
Charles — Yea
Furutani — Yea
Gilmore — Nay
Hagman — Nay
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Audra — Nay
Anderson — Nay
Beall — Yea
Coto — Yea
Davis — Yea
Jeffries — Nay
Lieu — Yea
Logue — Nay
Monning — Yea
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
De — Not Voting
Leon — Not Voting
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Garrick — Not Voting
Hall — Not Voting
Miller — Not Voting
Bass — Not Voting
Swanson — Not Voting
Torres — Not Voting
Torrico — Not Voting
Adams — Nay
Ammiano — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Knight — Nay
Ma — Yea
Mendoza — Not Voting
Nava — Yea
Nielsen — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Not Voting
Villines — Nay
Emmerson — Nay
Feuer — Yea
DeVore — Not Voting
Yamada — Yea
Fuentes — Not Voting
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14600
Democratic 1000
Republican 0100
Total 15700
% of votes cast 68%32%0%0%
How each member voted (22)
Member Party Vote
Hall — Nay
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Hill — Yea
Perez — Yea
Audra — Nay
Harkey — Nay
Conway — Nay
Duvall — Nay
Miller — Nay
Solorio — Yea
Ammiano — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 7 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 5505
Democratic 2000
Total 7505
% of votes cast 41%29%0%29%
How each member voted (17)
Member Party Vote
Yamada — Yea
Salas — Yea
Tom — Nay
Fletcher — Nay
Bonnie — Not Voting
Lowenthal — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Fuller — Nay
Anderson — Nay
Blumenfield — Yea
Huffman — Yea
Krekorian — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Water, Parks and Wildlife.

Passed 13 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13702
Total 13702
% of votes cast 59%32%0%9%
How each member voted (22)
Member Party Vote
Evans — Yea
De — Yea
Leon — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Chesbro — Yea
Galgiani — Not Voting
Hall — Nay
Hill — Yea
Jeffries — Nay
Cook — Nay
Lieu — Yea
Mendoza — Yea
Nestande — Nay
Silva — Nay
Torrico — Yea
Tran — Nay
Anderson — Nay
Torres — Not Voting
Coto — Yea

Official roll call →

Senate 3rd Reading SB4 Oropeza

Passed 22 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 191304
Democratic 3000
Republican 0100
Total 221404
% of votes cast 55%35%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Florez — Yea
Negrete — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Cedillo — Not Voting
Wyland — Nay
Runner — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Ducheny — Not Voting
Pavley — Yea
Dutton — Nay
Romero — Yea
Benoit — Nay
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Not Voting
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Kehoe — Yea
Maldonado — Yea
Oropeza — Yea
Steinberg — Yea
Cogdill — Nay
Corbett — Yea
Correa — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does SB 4 do?
(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.
Who sponsors SB 4?
SB 4 is sponsored by Oropeza.
What is the current status of SB 4?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 4?
Track SB 4 free on One Click Politics — get push/email alerts when it moves.

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