Amended in Senate June 1, 2016

Amended in Assembly March 31, 2016

Amended in Assembly March 3, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1594


Introduced by Assembly Member McCarty

(Coauthor: Senator Leno)

January 6, 2016


An act to 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, beginning January 1, 2018, prohibitbegin delete smokingend deletebegin insert smoking, including the use of an electronic smoking device,end insert and the use of a tobaccobegin delete product, including, but not limited to, an e-cigarette,end deletebegin insert productend 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 thatbegin delete prohibition. The bill would authorize the campusesend deletebegin insert prohibition andend insert 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 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.

(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
2repealed.

3

SEC. 2.  

Section 7597.1 is added to the Government Code, to
4read:

5

7597.1.  

(a) Notwithstanding any other law, beginning January
61, 2018, a person shall not smoke or use a tobacco product on a
7campus of the California State University or the California
8Community Colleges.

9(b) The Trustees of the California State University and the
10governing board of each community college district may do all of
11the following:

12(1) Set standards for the enforcement of the prohibition set forth
13in subdivision (a) for the campuses within their respective
14jurisdictions and inform employees and students at that campus
15about those standards.

16(2) Conduct a positive educational campaign to increase the
17awareness of a tobacco- and smoke-free policy.

18(3) (A) Following a positive educational campaign and after
19January 1, 2018, with respect to a violation of the prohibition set
20forth in subdivision (a), impose a fine, not to exceed one hundred
21dollars ($100). The amount of the fine imposed under this
22paragraph shall be determined by the Trustees of the California
23State University or the governing board of the affected community
24college district, as appropriate.

25(B)  The proceeds of the fines imposed under this paragraph
26shall be allocated for purposes to include, but not necessarily be
27limited to, support of the educational operations of the campus on
28which the violation occurs, education about and promotion of the
29policy implemented by this section, and tobacco use cessation
30treatment options for students of that campus.

31(C) Each college or university may implement policies and
32procedures, including possible assistance from campus law
33enforcement, for collecting and processing fines imposed under
34this paragraph.

35(D) If a campus adopts the enforcement and fine measures under
36this paragraph, it shall, and the campuses of the University of
37California may, post signs stating the campus tobacco use policy
38in any locations that were specifically designated for smoking or
P4    1tobacco use before the prohibition set forth in subdivision (a) took
2effect.

3(E) begin deleteNo end deletebegin insertA end insertfine shallbegin insert notend insert be imposed under this paragraph unless
4and until an educational campaign conducted pursuant to paragraph
5(2) fails to result in substantial compliance with the prohibition
6set forth in subdivision (a).

7(c) The Regents of the University of California are encouraged
8to adopt and enforce new, or continue to enforce existing, policies
9substantially similar to subdivisions (a) and (b).

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

11(1) begin deleteTo “smoke” end deletebegin insert“Smoke or “smoking” end insertmeansbegin delete either of the
12following:end delete
begin insert inhaling, exhaling, burning, or carrying any lighted or
13heated cigar, cigarette, or pipe, or any other lighted or heated
14tobacco or plant product intended for inhalation, whether natural
15or synthetic, in any manner or in any form. “Smoke” or “smoking”
16includes the use of an electronic smoking device that creates an
17aerosol or vapor, in any manner or in any form, or the use of any
18oral smoking device for the purpose of circumventing the
19prohibition of smoking. end insert

begin delete

20(A) To inhale, exhale, burn, or carry any lit or heated cigar,
21cigarette, pipe, or any other product intended for the inhalation of
22tobacco or another plant product, whether natural or synthetic, in
23any manner or in any form.

24(B) To operate an electronic smoking device that creates an
25aerosol or vapor in any manner or in any form, or any other oral
26device for the purpose of circumventing a prohibition against
27smoking.

28(2) “Use a tobacco product” means inhaling, smoking, chewing,
29dipping, or any other assimilation into the body of tobacco.

30(3)

end delete

31begin insert(2)end insertbegin insertend insertbegin insert(A)end insert “Tobacco product” meansbegin delete all forms of tobacco,
32including smokeless tobacco, cigarettes, cigars, pipes, hookahs,
33and e-cigarettes.end delete
begin insert any of the following:end insert

begin insert

34
(i) A product containing, made, or derived from tobacco or
35nicotine that is intended for human consumption, whether smoked,
36heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
37ingested by any other means, including, but not limited to,
38cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or
39snuff.

end insert
begin insert

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(ii) An electronic device that delivers nicotine or other vaporized
2liquids to the person inhaling from the device, including, but not
3limited to, an electronic cigarette, cigar, pipe, or hookah.

end insert
begin insert

4
(iii) Any component, part, or accessory of a tobacco product,
5whether or not sold separately.

end insert
begin insert

6
(B) “Tobacco product” does not include a product that has
7been approved by the United States Food and Drug Administration
8for sale as a tobacco cessation product or for other therapeutic
9purposes where the product is marketed and sold solely for such
10an approved purpose.

end insert

11(e) The governing bodies of the California State University or
12a community college district may continue and enforce a tobacco
13use policy adopted before January 1, 2017, until the prohibition
14set forth in subdivision (a) takes effect.

15

SEC. 3.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution for certain
17costs that may be incurred by a local agency or school district
18because, in that regard, this act creates a new crime or infraction,
19eliminates a crime or infraction, or changes the penalty for a crime
20or infraction, within the meaning of Section 17556 of the
21Government Code, or changes the definition of a crime within the
22meaning of Section 6 of Article XIII B of the California
23Constitution.

24However, if the Commission on State Mandates determines that
25this act contains other costs mandated by the state, reimbursement
26to local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.



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