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

SB 836 — State beaches: smoking ban.

Last action — In Senate. Consideration of Governor's veto pending.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 $25 for a person to smoke, as defined, on a state coastal beach or to dispose of used cigar or cigarette waste on a state coastal beach unless the disposal is made in an appropriate waste receptacle. 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 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 state coastal beaches 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. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 26. Noes 11. Page 6026.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 25. Page 6771.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 16).

  12. June 27 set for first hearing. Placed on APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 5.) (June 12). Re-referred to Com. on APPR.

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

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

  16. Read third time. Passed. (Ayes 27. Noes 11. Page 4344.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 2. Page 4298.) (May 25).

  19. Set for hearing May 25.

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

  21. April 16 hearing: Placed on APPR. suspense file.

  22. Set for hearing April 16.

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

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 4366.) (March 13).

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  26. Set for hearing March 13.

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

  28. From printer. May be acted upon on or after February 4.

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

Sponsors

  • Gonzalez Fletcher · Cosponsor
  • Baker · Cosponsor
  • Glazer · Primary
  • Levine · Cosponsor
  • 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 26 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211103
Democratic 5000
Total 261103
% of votes cast 65%28%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Hill — Yea
Wilk — Nay
Cannella — Nay
Dodd — Yea
Fuller — Nay
Allen — Yea
Atkins — Yea
Portantino — Yea
Galgiani — Yea
De León — Yea
Glazer — Yea
Chang — Nay
Hernandez — Yea
Hertzberg — Yea
Delgado — Yea
Mitchell — Not Voting
Beall — Yea
Bradford — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Not Voting
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
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 54 Yea · 25 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 15100
Unaffiliated 381901
Republican 1500
Total 542501
% of votes cast 68%31%0%1%
How each member voted (80)
Member Party Vote
Bloom — Yea
Brough — Nay
Kamlager-Dove — Yea
Levine — Yea
Medina — Not Voting
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Voepel — Nay
Wood — Yea
Chau — Yea
Chu — Yea
Eggman — Yea
Low — Yea
Santiago — Yea
Thurmond — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Frazier — Nay
Rubio — Yea
Rivas — Yea
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Fong — Nay
Salas — Nay
Kiley — Nay
Gray — Nay
Maienschein — Yea
Mathis — Nay
Chiu — Yea
Chávez — Nay
Acosta — Nay
Baker — Yea
Bigelow — Nay
Cooper — Yea
Mayes — Nay
McCarty — Yea
Melendez — Nay
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Steinorth — Nay
Waldron — Nay
Weber — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
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
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
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 as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9400
Democratic 3000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Brough — Nay
Obernolte — Nay
Eggman — Yea
Chau — Yea
Friedman — Yea
Nazarian — Yea
Gonzalez Fletcher — Yea
Quirk — Yea
Fong — Nay
Bigelow — Nay
Bloom — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Passed 10 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8400
Democratic 1000
Republican 1100
Total 10500
% of votes cast 67%33%0%0%
How each member voted (15)
Member Party Vote
Bigelow — Nay
Mathis — Nay
Chu — Yea
Gloria — Yea
Harper — Nay
Levine — Yea
Rubio — Yea
Salas — Nay
Wood — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Kalra, Ash Democratic Yea
Choi, Steven S. Republican Yea
Gallagher, James Republican Nay

Official roll call →

Passed 27 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221101
Democratic 5000
Total 271101
% of votes cast 69%28%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Hernandez — Yea
Lara — Yea
Leyva — Yea
Moorlach — Nay
Pan — Yea
Roth — Yea
Vidak — Nay
Wilk — Nay
Cannella — Nay
Fuller — Nay
Galgiani — Yea
Dodd — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Monning — Yea
Skinner — Yea
Portantino — Yea
Allen — Yea
Wieckowski — Yea
Atkins — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Bradford — Yea
Morrell — Nay
Newman — Yea
Nielsen — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
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
Bates — Nay
Beall — Yea
Bradford — Yea
Hill — Yea
Nielsen — Nay
Lara — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Hill — Yea
Nielsen — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3201
Democratic 3000
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Hertzberg — Yea
Hueso — Not Voting
Monning — Yea
Allen — Yea
Vidak — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 836 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 $25 for a person to smoke, as defined, on a state coastal beach or to dispose of used cigar or cigarette waste on a state coastal beach unless the disposal is made in an appropriate waste receptacle. 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 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 state coastal beaches 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 836?
SB 836 is sponsored by Gonzalez Fletcher, Baker, Glazer, Levine, Allen, Benjamin (Democratic), and Mark Stone.
What is the current status of SB 836?
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 836?
Track SB 836 free on One Click Politics — get push/email alerts when it moves.

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