California Legislature—2015–16 Regular Session

Assembly BillNo. 1594


Introduced by Assembly Member McCarty

January 6, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1594, as introduced, McCarty. Public postsecondary education: prohibition of smoking and vaping on campuses.

(1) 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 segments of public postsecondary education in this state.

Existing law prohibits public employees or members of the public from smoking any tobacco product inside a public building or in a nearby outdoor area, as specified. Existing law also provides that the governing bodies of the California State University and each community college district have the authority to set enforcement standards relating to smoking on their campuses and to enforce these requirements by citation and fine, as specified. Existing law also authorizes the Trustees of the California State University to establish rules and regulations for the government and maintenance of the buildings and grounds of the university, and provides that a violation or attempted violation of these rules and regulations is a misdemeanor.

This bill would prohibit the smoking of a tobacco product or the use of an e-cigarette on a campus of the California State University or the California Community Colleges. The bill would authorize the governing bodies of the California State University and each community college district to set standards for the enforcement of that prohibition. The bill would authorize the enforcement of this prohibition by a fine, not to exceed $100, as specified. The bill would require the proceeds of the fine to be allocated, upon appropriation, for purposes including support of the educational operations of the campus on which the violation occurs, education about and promotion of the policy implemented by the bill, and tobacco use cessation treatment options for students of that campus.

To the extent that these provisions would impose new duties on community college districts, and extend the scope of activities on the buildings and grounds of the California State University that could be charged as misdemeanors, they would constitute a state-mandated local program.

This bill would encourage the Regents of the University of California to adopt and enforce provisions substantially similar to those described above.

(2) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 7597.1 of the Government Code is
2amended to read:

3

7597.1.  

(a) begin deleteThe governing bodies end deletebegin insertNotwithstanding any other
4law, no person shall smoke a tobacco product or use an e-cigarette
5on a campus of the California State University or the California
6Community Colleges.end insert

P3    1begin insert(b)end insertbegin insertend insertbegin insertThe Trusteesend insert of the California Statebegin delete University, the
2University of California, andend delete
begin insert Univerend insertbegin insertsity and the governing board
3ofend insert
each community college district have the authoritybegin delete to:end deletebegin insert to do
4both of the following:end insert

5(1) Setbegin delete enforcementend delete standards forbegin delete their local campuses.end deletebegin insert the
6enforcement of the prohibition set forth in subdivision (a) for the
7campuses within their respective jurisdictions, and inform
8employees and students at that campus about those standards.end insert

9(2) begin deleteImpose a fine end deletebegin insertWith respect to a violation of the prohibition
10set forth in subdivision (a)end insert
begin insert, impose a fine, not to exceed one
11hundred dollars ($100),end insert
for a first, second, and third offense and
12for each subsequent offense. The amount ofbegin delete fines is toend deletebegin insert the fine
13imposed under this paragraph shall end insert
be determined by thebegin delete local
14governing body. Fundsend delete
begin insert Trustees of the California State University
15or the governing board of the affected community college district,
16as appropriate. The proceeds of the fines imposed under this
17paragraphend insert
shall be allocatedbegin insert, upon appropriation, for purposesend insert
18 to include, but notbegin insert necessarily end insertbe limited to,begin delete the designated
19enforcement agency,end delete
begin insert support of the educational operations of the
20campus on which the violation occurs,end insert
educationbegin insert aboutend insert and
21promotion of thebegin delete policy,end deletebegin insert policy implemented by this section,end insert and
22tobaccobegin insert useend insert cessation treatmentbegin delete options. The civil penalty shall
23not exceed one hundred dollars ($100).end delete
begin insert options for students of that
24campus.end insert

begin delete

25(b) If a campus adopts the enforcement and fine measures in
26subdivision (a), it shall, and the campuses of the University of
27California may, post signs stating their tobacco use policy on
28campus, as follows:

29(1) The locations at which smoking or tobacco use is prohibited
30on campus.

31(2) The locations at which smoking or tobacco use is permitted
32on campus.

33(c) If a campus adopts the enforcement and fine measure in
34subdivision (a), it shall, and a campus of the University of
35California may, inform employees and students of the tobacco use
36policy and enforcement measures employed on their campus.

end delete
begin insert

37(c) The Regents of the University of California are encouraged
38to adopt and enforce provisions substantially similar to
39subdivisions (a) and (b).

end insert
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SEC. 2.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution for certain
3costs that may be incurred by a local agency or school district
4because, in that regard, this act creates a new crime or infraction,
5eliminates a crime or infraction, or changes the penalty for a crime
6or infraction, within the meaning of Section 17556 of the
7Government Code, or changes the definition of a crime within the
8meaning of Section 6 of Article XIII B of the California
9Constitution.

10However, if the Commission on State Mandates determines that
11this act contains other costs mandated by the state, reimbursement
12to local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.



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