BILL NUMBER: AB 1594 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2016
AMENDED IN ASSEMBLY MARCH 3, 2016
INTRODUCED BY Assembly Member McCarty
(Coauthor: Senator Leno)
JANUARY 6, 2016
An act to amend, repeal, repeal 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 would would ,
beginning January 1, 2018, 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. The bill
would authorize the campuses to conduct a positive educational
campaign to increase the awareness of a tobacco - and
smoke-free policy. 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, allocated 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.
This bill would make these provisions operative on January 1,
2018.
(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 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.
SECTION 1. Section 7597.1 of the
Government Code is repealed.
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.
SEC. 2. Section 7597.1 is added to the Government Code, to read:
7597.1. (a) Notwithstanding any other law, beginning January
1, 2018, 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
both all 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.
(2) Conduct a positive educational campaign to increase the
awareness of a tobacco- and smoke-free policy.
(2) With
(3) (A) Following
a positive educational campaign and after January 1, 2018, 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. ($100). 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. The
(B) The proceeds of the fines
imposed under this paragraph shall be allocated, upon
appropriation, allocated 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.
(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.
(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.
(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).
(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
substance, including, but not limited to, a tobacco product.
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.
(B) To operate an electronic smoking instrument.
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.
(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) This section shall become operative on January 1,
2018. 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.
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.