BILL NUMBER: AB 795	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 17, 2011

   An act  to add Section 7597.1 to the Government Code, 
relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 795, as amended, Block. Public postsecondary education:
smoke-free campuses.
   Existing law establishes the University of California, under the
administration of the Regents of the University of California, the
California State University, under the administration of the Trustees
of the California State University, and the California Community
Colleges, under the administration of the Board of Governors of the
California Community Colleges, as the public segments of
postsecondary education. 
   Existing law prohibits public employees or members of the public
from smoking any tobacco product inside a public building or in an
outdoor area, as specified. Existing law states that provision does
not preempt the authority of the California Community Colleges, the
California State University, or the University of California from
adopting and enforcing additional smoking and tobacco control
regulations and policies.  
   This bill would provide that the campuses of the California
Community Colleges and the California State University shall post
signs stating their tobacco use policy on campus, as specified. The
bill would require that the campuses inform new employees and
students of the tobacco use policy and enforcement measures employed
on their campus. This bill would also provide that the governing
bodies of these campuses have the authority to enforce these
requirements by citation and fine, as specified, and would prohibit
the sale of tobacco products on these campuses.  
   This bill would request that the Regents of the University of
California adopt the above provisions.  
   Because this bill would impose duties on local community college
districts, it would impose a state-mandated local program.  

   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   This bill would state the intent of the Legislature to enact
legislation to promote smoke-free campuses at state colleges and
universities. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The governing body of the California Community Colleges, the
California State University, or the University of California has the
authority to adopt and enforce rules regulating tobacco sale and use
on any of their respective campuses to mitigate exposure to
secondhand smoke on those campuses.  
   (b) This act shall apply to all campuses of the California
Community Colleges, the California State University, and the
University of California. 
   SEC. 2.    Section 7597.1 is added to the  
Government Code   , to read:  
   7597.1.  (a) All campuses of the California Community Colleges and
the California State University shall, and the campuses of the
University of California may, post signs stating their tobacco use
policy on campus, as follows:
   (1) Where smoking or tobacco use is prohibited on campus.
   (2) Where smoking or tobacco use is permitted on campus.
   (b) All campuses of the California Community Colleges and the
California State University shall, and the campuses of the University
of California may, inform new employees and students of the tobacco
use policy and enforcement measures employed on their campus.
   (c) The governing bodies of these campuses have the authority to:
   (1) Set enforcement standards for their local campuses.
   (2) Impose a fine for a first, second, and third offense and for
each subsequent offence. The amount of fines is to be determined by
the local governing body. Funds shall be allocated to include, but
not be limited to, the designated enforcement agency, education and
promotion of the policy, and tobacco cessation treatment options.
   (d) Tobacco products shall not be sold on the campus of the
California Community Colleges and the California State University.
The Regents of the University of California are requested to prohibit
the sale of tobacco products on campus. 
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would promote smoke-free campuses at state
colleges and universities.