Amended in Assembly March 31, 2016

Amended in Assembly March 3, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1594

Introduced by Assembly Member McCarty

(Coauthor: Senator Leno)

January 6, 2016

An act to begin delete amend, repeal, end delete begin insert repeal end insert and add Section 7597.1 of the Government Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1594, as amended, McCarty. Public postsecondary education: prohibition of using tobacco and smoking 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 begin delete would end delete begin insert would end insert begin insert , beginning January 1, 2018, end insert prohibit smoking and the use of a tobacco product, including, but not limited to, 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. begin insert The bill would authorize the campuses to conduct a positive educational campaign to increase the awareness of a tobacco end insert begin insert - and smoke-free policy. end insert 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 begin delete allocated, upon appropriation, end delete begin insert allocated end insert 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 new, or continue to enforce existing, policies substantially similar to those described above.

begin delete

This bill would make these provisions operative on January 1, 2018.

end delete

(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:

begin delete

SECTION 1.  

Section 7597.1 of the Government Code is
amended to read:

7597.1.  

(a) The governing bodies of the California State
University, the University of California, and each community
college district 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 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 one hundred dollars
($100).

(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.

(d) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute that
is enacted before January 1, 2018, deletes or extends that date.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 7597.1 of the end insert begin insert Government Code end insert begin insert is
repealed. end insert

begin delete

7597.1.  

(a) The governing bodies of the California State
University, the University of California, and each community
college district 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 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 one hundred dollars
($100).

(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.

end delete

SEC. 2.  

Section 7597.1 is added to the Government Code, to
read:

7597.1.  

(a) Notwithstanding any other law, begin insert beginning January
1, 2018, end insert a person shall not smoke or use a tobacco product on a
campus of the California State University or the California
Community Colleges.

(b) The Trustees of the California State University and the
governing board of each community college district may do begin delete both end delete
begin insert all end insert of the following:

(1) Set standards for 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.

begin insert

(2) Conduct a positive educational campaign to increase the
awareness of a tobacco- and smoke-free policy.

end insert begin delete

(2) With

end delete

begin insert (3) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Following a positive educational campaign and after
January 1, 2018, with end insert respect to a violation of the prohibition set
forth in subdivision (a), impose a fine, not to exceed one hundred
dollars begin delete ($100), for a first, second, and third offense and for each
subsequent offense. end delete begin insert ($100). end insert The amount of the fine imposed under
this paragraph shall be determined by the Trustees of the California
State University or the governing board of the affected community
college district, as appropriate. begin delete The end delete

begin insert (B) end insert begin insert   end insert begin insert The end insert proceeds of the fines imposed under this paragraph
shall be begin delete allocated, upon appropriation, end delete begin insert allocated end insert for purposes to
include, but not necessarily be limited to, support of the educational
operations of the campus on which the violation occurs, education
about and promotion of the policy implemented by this section,
and tobacco use cessation treatment options for students of that
campus.

begin insert

(C) Each college or university may implement policies and
procedures, including possible assistance from campus law
enforcement, for collecting and processing fines imposed under
this paragraph.

end insert begin insert

(D) If a campus adopts the enforcement and fine measures under
this paragraph, it shall, and the campuses of the University of
California may, post signs stating the campus tobacco use policy
in any locations that were specifically designated for smoking or
tobacco use before the prohibition set forth in subdivision (a) took
effect.

end insert begin insert

(E) No fine shall be imposed under this paragraph unless and
until an educational campaign conducted pursuant to paragraph
(2) fails to result in substantial compliance with the prohibition
set forth in subdivision (a).

end insert

(c) The Regents of the University of California are encouraged
to adopt and enforce new, or continue to enforce existing, policies
substantially similar to subdivisions (a) and (b).

(d) For purposes of this section, the following definitions apply:

(1) To “smoke” means either of the following:

(A) To inhale, exhale, burn, or carry any lit or heated begin delete substance,
including, but not limited to, a tobacco product. end delete begin insert cigar, cigarette,
pipe, or any other product intended for the inhalation of tobacco
or another plant product, whether natural or synthetic, in any
manner or in any form. end insert

(B) To operate an electronic smoking begin delete instrument. end delete begin insert device that
creates an aerosol or vapor in any manner or in any form, or any
other oral device for the purpose of circumventing a prohibition
against smoking. end insert

(2) “Use a tobacco product” means inhaling, smoking, chewing,
dipping, or any other assimilation into the body of tobacco.

(3) “Tobacco product” means all forms of tobacco, including
smokeless tobacco, cigarettes, cigars, pipes, hookahs, and
e-cigarettes.

(e)  begin delete This section shall become operative on January 1, 2018. end delete begin insert The
governing bodies of the California State University or a community
college district may continue and enforce a tobacco use policy
adopted before January 1, 2017, until the prohibition set forth in
subdivision (a) takes effect. end insert

SEC. 3.  

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.