BILL ANALYSIS Ó AB 795 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 795 (Block) As Amended June 29, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |54-23|(May 23, 2011) |SENATE: |29-9 |(August 29, | | | | | | |2011) | ----------------------------------------------------------------- Original Committee Reference: G.O. SUMMARY : Grants authority to the governing bodies of the California State University (CSU), the University of California (UC), and each community college district (CCD) to set smoking and tobacco enforcement standards, impose fines, and post signs stating the tobacco use policy on campus. Specifically, this bill : 1)Provides that the governing bodies of CSU, UC, and each CCD have the authority to: a) Set enforcement standards for their local campuses; and, b) Impose a fine for a first, second, and third offense and for each subsequent offense. 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 $100. 2)Requires each community college district, CSU campus and UC campus, which adopts enforcement and fine measures to post signs stating their tobacco use policy on campus, as follows: a) The locations where smoking or tobacco use is prohibited and permitted. b) Inform employees and students of the tobacco use policy and enforcement measures employed on their campuses. 3)Provides that if a campus adopts the enforcement and fine measure, as defined, it shall, and the UC may, inform employees and students of the tobacco use policy and enforcement measures AB 795 Page 2 employed on their campus. The Senate amendments clarify that each community college district shall be granted the authority to set smoking and tobacco enforcement standards, impose fines, and post signs stating the tobacco use policy on campus. EXISTING LAW : 1)Prohibits smoking inside a public building, or in an outdoor area within 20 feet of a main exit, entrance or window of a public building, or in a state-owned passenger vehicle. Authorizes a person to smoke in any other outdoor area of a public building unless otherwise prohibited by state law or local ordinance, and a sign describing the prohibition is posted. 2)Allows cities, counties and colleges to adopt more restrictive ordinances prohibiting smoking. 3)Makes it an infraction for a person to smoke within 25 feet of a playground or sandbox area. 4)Requires the Department of Parks and Recreation (DPR) to administer and protect state park properties for the use and enjoyment of the public. Prohibits smoking in state parks upon a finding of extreme fire hazard by DPR, except as allowed in designated areas. FISCAL EFFECT : According to the Assembly Appropriations Committee, no significant costs associated with this legislation. COMMENTS : Purpose of this bill . According to the author, existing law authorizes colleges and universities to adopt and enforce smoking and tobacco control policies but it is not specific on the type of enforcement. Many colleges have indicated they are hesitant to adopt stronger policies because they have no way of enforcing the current ones. By adding enforcement language to current law, colleges will have the authority to "cite and collect revenue" as a form of enforcement. The author notes, every day students, faculty and guests at California's public colleges and universities unwillingly breathe AB 795 Page 3 secondhand smoke on campuses that endangers their health. The Center for Disease Control named smoking as the leading cause of preventable death, disease, and disability in the United States. The author states, in an effort to protect public health, complete smoking bans already exist at several California college campuses and in certain cities. This bill would follow these examples and give California's colleges the tools they need to reduce the exposure to secondhand smoke among students thus lowering the risks of coronary heart disease and lung cancer. Background . According to the sponsor, the American Lung Association in California, existing law prohibits the smoking of tobacco products in an enclosed space of employment (Labor Code Section 6404.5) and within 20 feet of a main exit, entrance, or operable window of a public building (Government Code (GC) Section 7596-7598) which includes public colleges and universities. The law does not however include any enforcement protocols. The only language regarding enforcement states that cities, counties, and public colleges/universities can adopt and enforce stronger policies. The sponsor states that GC Section 7597(b) gives colleges the authority to adopt and enforce policies stronger than state law; however, the section is missing a code reference which would grant the authority to do punitive enforcement. For example, in the California Vehicle Code, colleges are given the authority to write citations to individuals who violate a campus parking regulation. For that reason, San Francisco State University cites violators by citing California Education Code Section 89031 which gives the CSU Board of Trustees authority to regulate their local campus grounds. That authority was granted in 2002, by the CSU Board of Trustees who delegated this authority to each campus by adopting a Title 5 Code of Regulations which gave local presidents authority to "cite and collect revenue" for smoking violations on campus. The resolution was adopted in response to discussions and concerns about secondhand smoke. Currently, within the CSU system, Fresno State, Humboldt, San Marcos, and San Francisco limit smoking. In support . Proponents state this bill will give authority to any CCC campus, campus of the CSU, or campus of the UC to enforce local and campus-wide smoking and tobacco regulations and policies. By adding enforcement language to the existing law, California's colleges will have the authority to "cite and collect AB 795 Page 4 revenue" as a form of enforcement. It is a small fix that will have tremendous impact. Proponents of this bill emphasize that California has always been a leader in tobacco control efforts in the United States and throughout the world. Proponents believe that this bill will positively affect public college students, faculty, and staff from the dangers of secondhand smoke. Proponents state that exposure to secondhand smoke also increases the risk of lung cancer and low birth-weight babies. Secondhand smoke has been declared a toxic air contaminant by the California Air Resources Board since outdoor tobacco smoke levels may be as high as indoor secondhand smoke levels. The California Environmental Protection Agency attributes 4,000 deaths annually from secondhand smoke exposure, while the California Department of Public Health estimates the adult health-related cost of smoking in California at $9.14 billion in 2004 alone. Prior legislation . SB 4 (Oropeza) of 2009, which was vetoed, would have made it an infraction for an individual to smoke on a state beach or a state park, as specified. AB 2067 (Oropeza), Chapter 736, Statutes of 2006, prohibits smoking in specified areas of covered parking lots and adds a definition of enclosed spaces to current law that already prohibits smoking in enclosed spaces of employment to include areas such as lobbies, lounges, waiting areas, elevators, stairwells and restrooms that are a structural part of the building. AB 1583 (Koretz) of 2003, which failed passage, would have prohibited smoking at all state beaches, excluding parking lots and non-sand campgrounds. AB 454 (Yee) of 2003, which was held in the Senate Natural Resources and Wildlife Committee, would have prohibited smoking on state beaches except within 20 feet of a waste receptacle. AB 846 (Vargas), Chapter 342, Statutes of 2003, prohibits smoking inside public buildings and within 20 feet of a doorway, entryway, window, or ventilation intake system duct of a public building. Provides that this prohibition does not preempt the authority of any county, city, or city and county from adopting an ordinance regulating smoking around a doorway, entryway, window, or AB 795 Page 5 ventilation intake system duct of a public building in any manner. Provides that this prohibition does not preempt the authority of any CCC, CSU, or UC campus to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are more restrictive than the applicable standards required by this bill. AB 188 (Vargas), Chapter 150, Statutes of 2001, prohibits smoking and the disposal of smoking related waste within 25 feet of any playground or tot lot sandbox area. A violation of this law is an infraction and is punishable by a $250 fine for each incident. Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531 FN: 0001927