BILL NUMBER: AB 1594	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 7597.1 of the Government Code is amended to
read:
   7597.1.  (a)  The governing bodies  
Notwithstandin   g any other law, no person shall smoke a
tobacco product or use an e-cigarette on a campus of the California
State University or the California Community Colleges. 
    (b)     The Trustees  of the
California State  University, the University of California,
and   Univer   sity and the governing board of
 each community college district have the authority  to:
  to do both of the following: 
   (1) Set  enforcement  standards for 
their local campuses.   the enforcement of the
prohibition set forth in subdivision (a) for the campuses within
their respective jurisdictions, and inform employees and students at
that campus about those   standards. 
   (2)  Impose a fine   With respect to a
violation of the prohibition set forth in subdivision (a)  
, impose a fine, not to exceed one hundred dollars ($100),  for
a first, second, and third offense and for each subsequent offense.
The amount of  fines is to   the fine imposed
under this paragraph shall  be determined by the  local
governing body. Funds   Trustees of the California State
University or the governing board of the affected community college
district, as appropriate. The proceeds of the fines imposed under
this paragraph  shall be allocated  , upon appropriation,
for purposes  to include, but not  necessarily  be
limited to,  the designated enforcement agency, 
 support of the educational operations of the campus on which the
violation occurs,  education  about  and promotion of
the  policy,   policy implemented by this
section,  and tobacco  use  cessation treatment
 options. The civil penalty shall not exceed one hundred
dollars ($100).   options for students of that campus.
 
   (b) If a campus adopts the enforcement and fine measures in
subdivision (a), it shall, and the campuses of the 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 the University of
California may, inform employees and students of the tobacco use
policy and enforcement measures employed on their campus. 

   (c) The Regents of the University of California are encouraged to
adopt and enforce provisions substantially similar to subdivisions
(a) and (b). 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.