California 2017-2018 Regular Session Status: To Executive 1 D cosponsors

SB 386 — State beaches and parks: smoking ban.

Last action — Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law makes it an infraction punishable by a fine of $250 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 punishable by a fine of up to $100 for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system. The bill would establish a state-mandated local program by creating a new crime. This bill would require the Department of Parks and Recreation to develop and post signs at entrances or strategic locations, as determined by the Director of Parks and Recreation, of state coastal beaches and units 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. The bill would authorize the Director of Parks and Recreation to designate, by posted order, areas within units of the state park system as exempt from the smoking prohibition, as specified. 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. Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 4 p.m.

  5. Assembly amendments concurred in. (Ayes 28. Noes 12. Page 2841.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 56. Noes 22. Page 3217.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 11. Noes 5.) (September 1).

  12. Coauthors revised.

  13. July 19 set for first hearing. Placed on APPR. suspense file.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (June 27).

  17. Referred to Com. on W.,P., & W.

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

  19. Read third time. Passed. (Ayes 29. Noes 11. Page 1269.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 5. Noes 2. Page 1183.) (May 25).

  22. Set for hearing May 25.

  23. April 17 hearing: Placed on APPR. suspense file.

  24. Set for hearing April 17.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (March 28). Re-referred to Com. on APPR.

  26. Set for hearing March 28.

  27. Referred to Com. on N.R. & W.

  28. From printer. May be acted upon on or after March 17.

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

Sponsors

  • Gonzalez Fletcher · Cosponsor
  • Baker · Cosponsor
  • Bloom · Cosponsor
  • Glazer · Primary
  • Benjamin Allen · Cosponsor
  • Mark Stone · Cosponsor

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on · 9 voted No

Sponsors (1)

  • Glazer

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

Passed 28 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231200
Democratic 5000
Total 281200
% of votes cast 70%30%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Monning — Yea
Nielsen — Nay
Pan — Yea
Wieckowski — Yea
Cannella — Nay
Dodd — Yea
Atkins — Yea
Portantino — Yea
De León — Yea
Hernandez — Yea
Mitchell — Yea
Hertzberg — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Newman — Yea
Roth — Yea
Skinner — Yea
Allen — Yea
Hueso — Yea
Moorlach — Nay
Bates — Nay
Morrell — Nay
Vidak — Nay
Wilk — Nay
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 56 Yea · 22 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 401701
Democratic 15000
Republican 1500
Total 562201
% of votes cast 71%28%0%1%
How each member voted (79)
Member Party Vote
Acosta — Nay
Baker — Yea
Bigelow — Nay
Bloom — Yea
Brough — Not Voting
Melendez — Nay
Nazarian — Yea
Obernolte — Nay
Voepel — Nay
Weber — Yea
Wood — Yea
Eggman — Yea
Gloria — Yea
Low — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Mullin — Yea
Chau — Yea
Chu — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Gray — Yea
Bocanegra — Yea
Frazier — Nay
Rubio — Yea
Harper — Nay
Burke — Yea
Holden — Yea
Fong — Nay
Salas — Nay
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Maienschein — Yea
Mathis — Nay
Mayes — Nay
McCarty — Yea
O'Donnell — Yea
Chiu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Yea
Cunningham — Nay
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Nay
Dababneh — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Yea
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8401
Democratic 3000
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Obernolte — Nay
Chau — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Fong — Nay
Gray — Not Voting
Eggman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Passed 10 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Republican 1100
Total 10401
% of votes cast 67%27%0%7%
How each member voted (15)
Member Party Vote
Bigelow — Not Voting
Levine — Yea
Thurmond — Yea
Gloria — Yea
Harper — Nay
Rubio — Yea
Mathis — Nay
Bocanegra — Yea
Salas — Nay
Chu — Yea
Wood — Yea
Friedman — Yea
Eduardo Garcia — Yea
Choi, Steven S. Republican Yea
Gallagher, James Republican Nay

Official roll call →

Passed 29 Yea · 11 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241100
Democratic 5000
Total 291100
% of votes cast 73%28%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Nay
Vidak — Nay
Hernandez — Yea
Hertzberg — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Atkins — Yea
Mitchell — Yea
Newman — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Bradford — Yea
Dodd — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Galgiani — Yea
Glazer — Yea
Hill — Yea
Morrell — Nay
Nielsen — Nay
Cannella — Nay
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Bates — Nay
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 386 do?
Existing law makes it an infraction punishable by a fine of $250 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 punishable by a fine of up to $100 for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system. The bill would establish a state-mandated local program by creating a new crime. This bill would require the Department of Parks and Recreation to develop and post signs at entrances or strategic locations, as determined by the Director of Parks and Recreation, of state coastal beaches and units 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. The bill would authorize the Director of Parks and Recreation to designate, by posted order, areas within units of the state park system as exempt from the smoking prohibition, as specified. 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 386?
SB 386 is sponsored by Gonzalez Fletcher, Baker, Bloom, Glazer, Allen, Benjamin (Democratic), and Mark Stone.
What is the current status of SB 386?
This bill died with 2017-2018 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 386?
Track SB 386 free on One Click Politics — get push/email alerts when it moves.

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