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, prohibit smoking, including the use of an electronic smoking device, and the use of a tobacco product 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 and 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 exceedbegin delete $100,end deletebegin insert
$25 for the first offense, $50 for the 2nd offense, and $100 for the 3rd and subsequent offenses,end insert 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:
Section 7597.1 of the Government Code is
2repealed.
Section 7597.1 is added to the Government Code, to
4read:
(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 compliance with paragraphs (1) and (2) of
19subdivision (b) and after January 1, 2018, with respect to a
20violation of the prohibition set forth in subdivision (a), impose a
21fine, not to exceedbegin delete one hundred dollars ($100).end deletebegin insert twenty-five dollars
22($25) for the first offense, fifty dollars ($50) for the second offense,
23and one hundred dollars ($100) for the third offense and
24subsequent offenses.end insert The amount of the fine imposed under this
25paragraph shall be determined by the Trustees of the California
26State University or the governing board
of the affected community
27college district, as appropriate.
28(B) The proceeds of the fines imposed under this paragraph
29shall be allocated for purposes to include, but not necessarily be
30limited to, support of the educational operations of the campus on
31 which the violation occurs, education about and promotion of the
32policy implemented by this section, and tobacco use cessation
33treatment options for students of that campus.
34(C) Each college or university may implement policies and
35procedures, including possible assistance from campus law
P4 1enforcement, for collecting and processing fines imposed under
2this paragraph.
3(D) If a campus adopts the enforcement and fine measures under
4this paragraph, it shall, and the
campuses of the University of
5California may, post signs stating the campus tobacco use policy
6in any locations that were specifically designated for smoking or
7tobacco use before the prohibition set forth in subdivision (a) took
8effect.
9(E) A fine shall not be imposed under this paragraph unless and
10until an educational campaign conducted pursuant to paragraph
11(2) fails to result in substantial compliance with the prohibition
12set forth in subdivision (a).
13(c) The Regents of the University of California are encouraged
14to adopt and enforce new, or continue to enforce existing, policies
15substantially similar to subdivisions (a) and (b).
16(d) For purposes of this section, the following definitions apply:
17(1) begin delete“Smoke”or end deletebegin insert“Smoke” or end insert“smoking” means inhaling, exhaling,
18burning, or carrying any lighted or heated cigar, cigarette, or pipe,
19or any other lighted or heated tobacco or plant product intended
20for inhalation, whether natural or synthetic, in any manner or in
21any form. “Smoke” or “smoking” includes the use of an electronic
22smoking device that creates an aerosol or vapor, in any manner or
23in any form, or the use of any oral smoking device for the purpose
24of circumventing the prohibition of smoking.
25(2) (A) “Tobacco product” means any of the following:
26(i) A product containing, made, or derived from tobacco or
27nicotine that is intended for human consumption, whether smoked,
28heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
29ingested by any other means, including, but not limited to,
30cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or
31snuff.
32(ii) An electronic device that delivers nicotine or other vaporized
33liquids to the person inhaling from the device, including, but not
34limited to, an electronic cigarette, cigar, pipe, or hookah.
35(iii) Any component, part, or accessory of a tobacco product,
36whether or not sold separately.
37(B) “Tobacco product” does not include a product that has been
38approved by the United States Food and Drug Administration for
39sale as a tobacco cessation product or for other therapeutic purposes
P5 1where the product is marketed and sold solely for such an approved
2purpose.
3(e) The governing bodies of the California State University or
4a community college district may continue and enforce a tobacco
5use policy adopted before January 1, 2017, until the prohibition
6set forth in subdivision (a) takes effect.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution for certain
9costs that may be incurred by a local agency or school district
10because, in that regard, this act creates a new crime or infraction,
11eliminates a crime or infraction, or changes the penalty for a crime
12or infraction, within the meaning of Section 17556 of the
13Government Code, or changes the definition of a crime within the
14meaning of Section 6 of Article XIII B of the California
15Constitution.
16However, if the Commission on State Mandates determines that
17this act contains other costs
mandated by the state, reimbursement
18to local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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