BILL NUMBER:  SB 4
  VETOED	DATE: 05/03/2010




To the Members of the California State Senate:

I am returning Senate Bill 4 without my signature.

This bill would impose a ban on smoking in parks and coastal beaches
owned by the state of California.  While I understand and appreciate
the intent of the author with respect to addressing the issues of
public health protection, fire hazard mitigation and marine debris
avoidance, I am unable to sign this bill for several reasons.

First, 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.

Sincerely,



Arnold Schwarzenegger