SB-0386: State beaches and parks: smoking ban

Session: 2017-2018
Author: Glazer
Status: Vetoed
AAP-CA Position: Support
To view the status of this bill on the State Website, click here.

SB 386 (Glazer) would make it an infraction to smoke or dispose of cigarettes in state parks or beaches.

Veto Message:

To the Members of the California State Senate:

I am returning Senate Bill 386 without my signature.

Last year I vetoed Senate Bill 1333, a similar measure, because I believed that such a far-reaching prohibition in every state park and on every state beach was too broad. In addition, the fine prescribed in this bill for lighting one cigarette is excessive: $485 dollars, after the mandatory assessments.

If people can’t smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government.


Edmund G. Brown Jr.

AAP Positional Letter

September 28, 2017

Governor Edmund G. Brown, Jr.
California State Capitol, Suite 1173
Sacramento, CA 95814

SB 386 (Glazer): State Beaches and Parks: Smoking Ban

Dear Governor Brown:

The American Academy of Pediatrics, California (AAP-CA), representing over 5,000 California pediatricians, strongly supports proposed legislation SB 386 (Glazer). This bill would ban smoking in state beaches and parks, except in certain areas designated by the director of the park.

Tobacco and secondhand tobacco smoke are highly hazardous to the health of anyone and especially to children. As stated in American Academy of Pediatrics policy, “There is no safe level of tobacco smoke exposure. The developing brains of children and adolescents are particularly vulnerable to the development of tobacco and nicotine dependence.”

This bill would allow for further steps in protecting children and youth from exposure to tobacco or secondhand smoke, including the enactment of comprehensive smoking bans, which “prevents not only exposure to children of tobacco product emissions but also exposure to modeling of tobacco product use and nicotine consumption behavior” (“Public Policy to Protect Children From Tobacco, Nicotine, and Tobacco Smoke,” Pediatrics, Nov. 2015).

SB 386 (Glazer) would make sure that children who frequent state beaches and parks are not exposed to secondhand smoke or inadvertently encouraged to use tobacco by seeing adults doing the same. A reduction in littered cigarettes would also potentially reduce wildfires in state parks, thus improving air quality and benefiting children who suffer from asthma and other respiratory ailments.

Pediatricians across the state strongly support SB 386 (Glazer) and respectfully request that you sign SB 386 (Glazer) into law. We thank you for your public service and leadership on behalf of the health and wellbeing of children, youth, and families in California.


Nancy Graff, M.D., Fellow of the American Academy of Pediatrics
State Government Affairs Committee, American Academy of Pediatrics, California


CC: Kris Calvin, CEO; AAP-CA Leadership; Lydia Bourne