BILL NUMBER: AB 795	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	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 have the
authority to enforce these requirements by citation and fine, as
specified. The bill would provide that if a campus adopts the
enforcement and fine authority, it may post signs stating its tobacco
use policy, and inform employees and students of the policy, as
specified.
   This bill would authorize the Regents of the University of
California to adopt the above provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 7597.1 is added to the Education Code, to read:

   7597.1.  (a) The governing bodies of the California Community
Colleges, the California State University and the University of
California 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. The
civil penalty shall not exceed one hundred dollars ($100).
   (b) If a campus adopts the enforcement and fine measures in
subdivision (a), it shall, and the campuses of University of
California may, post signs stating their tobacco use policy on
campus, as follows:
   (1) The locations at which smoking or tobacco use is prohibited on
campus.
   (2) The locations at which smoking or tobacco use is permitted on
campus.
   (c) If a campus adopts the enforcement and fine measure in
subdivision (a), it shall, and a campus of University of California
may, inform employees and students of the tobacco use policy and
enforcement measures employed on their campus. 
   (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.