AB 1594,
as amended, McCarty. Public postsecondary education: prohibition ofbegin insert using tobacco andend insert smokingbegin delete and vapingend delete 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 prohibitbegin delete theend delete smokingbegin insert and the useend insert of a tobaccobegin delete product or the use ofend deletebegin insert product, including, but not limited to,end insert anbegin delete e-cigaretteend deletebegin insert
e-cigarette,end insert
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 andbegin delete enforce provisionsend deletebegin insert enforce new, or continue to enforce existing, policiesend insert substantially similar to those described above.
This bill would make these provisions operative on January 1, 2018.
end insert(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 7597.1 of the Government Code is
2amended to read:
(a) Notwithstanding any other law, no person shall
2smoke a tobacco product or use an e-cigarette on a campus of the
3California State University or the California Community Colleges.
4(b) The
Trustees of the California State
University and the
5governing board of each community college district have the
6authority to do both of the following:
7(1) Set standards for the enforcement of the prohibition set forth
8in subdivision (a) for the campuses within their respective
9jurisdictions, and inform employees and students at that campus
10about those standards.
11(2) With respect to a violation of the prohibition set forth in
12subdivision (a), impose a fine, not to exceed one hundred dollars
13($100), for a first, second, and third offense and for each
14subsequent offense. The amount of the fine imposed under this
15paragraph shall be determined by the
Trustees of the California
16State University or the governing board of the affected community
17college district, as appropriate. The proceeds of the fines imposed
18under this paragraph shall be allocated, upon appropriation, for
19purposes to include, but not necessarily be limited to, support of
20the educational operations of the campus on which the violation
21occurs, education about and promotion of the policy implemented
22by this section, and tobacco use cessation treatment options for
23students of that campus.
24(c) The Regents of the University of California are encouraged
25to adopt and enforce provisions substantially similar to subdivisions
26(a) and (b).
begin insertSection 7597.1 of the end insertbegin insertGovernment Codeend insertbegin insert is
28amended to read:end insert
(a) The governing bodies of the California State
30University, the University of California, and each community
31college district have the authority to:
32(1) Set enforcement standards for their local campuses.
33(2) Impose a fine for a first, second, and third offense and for
34each subsequent offense. The amount of fines is to be determined
35by the local governing body. Funds shall be allocated to include,
36but not be limited to, the designated enforcement agency, education
37and promotion of the policy, and tobacco cessation treatment
38options. The civil penalty shall not exceed one hundred dollars
39($100).
P4 1(b) If a campus adopts the enforcement
and fine measures in
2subdivision (a), it shall, and the campuses of the University of
3California may, post signs stating their tobacco use policy on
4campus, as follows:
5(1) The locations at which smoking or tobacco use is prohibited
6on campus.
7(2) The locations at which smoking or tobacco use is permitted
8on campus.
9(c) If a campus adopts the enforcement and fine measure in
10subdivision (a), it shall, and a campus of the University of
11California may, inform employees and students of the tobacco use
12policy and enforcement measures employed on their campus.
13(d) This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed,
unless a later enacted statute that
15is enacted before January 1, 2018, deletes or extends that date.
begin insertSection 7597.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
17read:end insert
(a) Notwithstanding any other law, a person shall not
19smoke or use a tobacco product on a campus of the California
20State University or the California Community Colleges.
21(b) The Trustees of the California State University and the
22governing board of each community college district may do both
23of the following:
24(1) Set standards for the enforcement of the prohibition set forth
25in subdivision (a) for the campuses within their respective
26jurisdictions and inform employees and students at that campus
27about those standards.
28(2) With respect to a violation of the prohibition set forth in
29subdivision (a), impose a fine,
not to exceed one hundred dollars
30($100), for a first, second, and third offense and for each
31subsequent offense. The amount of the fine imposed under this
32paragraph shall be determined by the Trustees of the California
33State University or the governing board of the affected community
34college district, as appropriate. The proceeds of the fines imposed
35under this paragraph shall be allocated, upon appropriation, for
36purposes to include, but not necessarily be limited to, support of
37the educational operations of the campus on which the violation
38occurs, education about and promotion of the policy implemented
39by this section, and tobacco use cessation treatment options for
40students of that campus.
P5 1(c) The Regents of the University of California are encouraged
2to adopt and enforce new, or continue to enforce existing, policies
3substantially similar to subdivisions (a) and (b).
4(d) For purposes of this section, the following definitions apply:
5(1) To “smoke” means either of the following:
6(A) To inhale, exhale, burn, or carry any lit or heated substance,
7including, but not limited to, a tobacco product.
8(B) To operate an electronic smoking instrument.
9(2) “Use a tobacco product” means inhaling, smoking, chewing,
10dipping, or any other assimilation into the body of tobacco.
11(3) “Tobacco product” means all forms of tobacco, including
12smokeless tobacco, cigarettes, cigars, pipes, hookahs, and
13e-cigarettes.
14(e) This section shall become operative on January 1, 2018.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution for certain
18costs that may be incurred by a local agency or school district
19because, in that regard, this act creates a new crime or infraction,
20eliminates a crime or infraction, or changes the penalty for a crime
21or infraction, within the meaning of Section 17556 of the
22Government Code, or changes the definition of a crime within the
23meaning of Section 6 of Article XIII B of the California
24Constitution.
25However, if the Commission on State Mandates determines that
26this act contains other costs mandated by the state, reimbursement
27to local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
O
98