(May 3, 2010) -- CA Governor Arnold Schwarzenegger has vetoed a bill authored by State Senator Jenny Oropeza (D., LB-southbay) that would have banned smoking at state beaches and parks.
SB4 would have imposed a $100 fine on violators. LB-area Assemblymembers Bonnie Lowenthal (D., LB) and Warren Furutani (D., Carson-LB), and state Senator Alan Lowenthal (D., LB-Paramount) voted for the bill; State Sen. Rod Wright (D., LB-Inglewood) was recorded as "no vote recorded" on the measure in May 2009 and April 2010.
In his veto message, Gov. Schwarzenegger stated:
I believe this bill is an improper intrusion of government into people’s lives. I have supported laws in the past that tackle the problem of smoking indoors and smoking in cars with children. But, by mandating
in state law that people may not smoke outdoors in certain areas, this bill crosses an important threshold
between state power and command and local decision-making. There is something inherently
uncomfortable about the idea of the state encroaching in such a broad manner on the people of California.
Current law already allows discretion by local governments and the Department of Parks and Recreation
(Department) to ban smoking in parks and beaches under certain circumstances. The Department has
exercised its authority throughout the state and has already banned smoking in several areas where fire
hazards exist. Additionally, cities and counties throughout the state have appropriately exercised their
authority and banned smoking in many parks under their jurisdiction. I think this is a discretionary
decision that is best left with the Department and local government.
With respect to marine debris, I understand the challenge cigarette butts cause to our beaches and marine
life. But, this bill applies the ban solely to those beaches and parks owned and operated by the state of
California. When considering the contiguous nature of state-owned and locally-owned beaches, the
purpose of the bill is undermined if the difference between legal activity and illegal activity is literally a
line in the sand. As we have seen, marine debris and litter know no boundaries. I believe a more
appropriate response is to increase the fines and penalties already in law for littering in our parks and on
our beaches.
For these reasons I am unable to sign this bill.
In a release, Sen. Oropeza stated:
I'm sorry the Governor did not agree with this widely supported effort to increase public awareness about the environmental threats carelessly tossed cigarettes are doing to our marine life and to the great outdoors...In addition to the clear environmental, fire safety and health reasons sought to be addressed under SB 4, the governor’s veto is in stark contrast to what is already being done at more than 100 local cities and counties statewide.
For the full text of SB4 as passed by the legislature and vetoed by the Governor, click here
An April 2010 state Senate legislaive analysis indicates SB4 was supported by LB City Hall along with the cities of Calabasas, Dana Point, El Segundo, Hermosa Beach, Huntington Beach, Laguna Beach, Los Angeles, Manhattan Beach, Newport Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Sacramento, San Clemente, San Diego, Santa Monica, Seal Beach, Torrance, as well as the California Chiropractic Association, California Medical Association, California State Firefighters Association, Clean Water Action, Earth Resource Foundation, Environment California, Heal the Bay, Ocean Conservancy, Sierra Club, and The Surfrider Foundation.
There was recorded opposition from Commonwealth Brands.
To view the April 2010 State Senate legislative analysis of the measure, click here.
