BILL ANALYSIS Ó
AB 1594
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Date of Hearing: March 15, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 1594
(McCarty) - As Amended March 3, 2016
SUBJECT: Public postsecondary education: prohibition of using
tobacco and smoking on campuses
SUMMARY: Prohibits a person from smoking or using any tobacco
product on a campus of the California State University (CSU) or
the California Community Colleges (CCC); and, encourages the
University of California (UC) Regents, to adopt and enforce
policies substantially similar, as specified. Specifically,
this bill:
1)Prohibits, effective January 1, 2018, a person from smoking or
using any tobacco product on a campus of the CSU or CCC.
2)Authorizes the CSU Trustees and the governing board of each
community college district to do both of the following:
a) Set standards for the enforcement of the smoking
prohibition for the campuses within their respective
jurisdictions and inform employees and students at that
campus about those standards; and,
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b) With respect to a violation of the smoking prohibition,
impose a fine, not to exceed one hundred dollars ($100),
for a first, second, and third offense and for each
subsequent offense. The amount of the fine imposed shall be
determined by the CSU Trustees or the governing board of
the affected community college district, as appropriate.
The proceeds of the fines imposed shall be allocated, upon
appropriation, 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.
3)Encourages the UC Regents to adopt and enforce new, or
continue to enforce existing, policies substantially similar
to those outlined in 2 (a) and (b) above.
4)Defines "to smoke" to mean either of the following:
a) To inhale, exhale, burn, or carry any lit or heated
substance, including, but not limited to, a tobacco
product; and,
b) To operate an electronic smoking instrument.
5)Defines "use a tobacco product" to mean inhaling, smoking,
chewing, dipping, or any other assimilation into the body of
tobacco.
6)Defines "tobacco product" to mean all forms of tobacco,
including smokeless tobacco, cigarettes, cigars, pipes,
hookahs, and e-cigarettes.
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EXISTING LAW:
1)Prohibits smoking inside public buildings or in outdoor areas
within 20 feet of a main exit, entrance or window of a public
building, but establishes that the aforementioned provision
does not preempt local entities and CCC, CSU, and UC from
adopting and enforcing more restrictive smoking and tobacco
control policies (Government Code (GOV) Section 7597).
2)Authorizes the governing bodies of the CSU, UC, and each
community college district to set smoke-free enforcement
standards for their local campuses and impose a fine for a
first, second, and third offense and for each subsequent
offense. Specifies that the amount of fines is to be
determined by the local governing body and that 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. Specifies that the civil
penalty shall not exceed one hundred dollars ($100).
Specifies that if a campus adopts the enforcement and fine
measures, as specified, it shall, and the campuses of the UC
may, post signs stating their tobacco use policy on campus, as
follows: a) the locations at which smoking or tobacco use is
prohibited on campus; and, b) the locations at which smoking
or tobacco use is permitted on campus. Specifies that if a
campus adopts the enforcement and fine measure as specified,
it shall, and a campus of the UC may, inform employees and
students of the tobacco use policy and enforcement measures
employed on their campus (GOV Section 7597.1).
3)Authorizes a person to smoke in any other outdoor area of a
public building unless otherwise prohibited by state law or
local ordinance, and a sign describing the prohibition is
posted (GOV Section 7598).
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4)Prohibits smoking and the disposal of smoking related waste
within 25 feet of any playground or sandbox area. Provides
that a violation is an infraction punishable by a $250 fine
for each incident (Health and Safety Code Section 104495).
5)Prohibits an employer from knowingly permitting smoking in an
enclosed space of employment, including lobbies, lounges,
waiting areas, elevators, stairwells and restrooms that are a
structural part of the building (Labor Code Section 6404.5).
FISCAL EFFECT: Unknown
COMMENTS: Background. According to the U.S. Department of
Health and Human Services Centers for Disease Control and
Prevention (CDCP), Morbidity and Mortality Weekly Report, dated
November 13, 2015, during 2005 - 2014, the prevalence of
cigarette smoking among U.S. adults declined from 20.9 percent
to 16.8 percent. Adults aged 18 - 24 years experienced the
greatest decrease in cigarette smoking prevalence; however, the
use of non-cigarette tobacco products, including e-cigarettes
and hookahs, is growing and common among youth and young adults.
To note, the extent to which emerging tobacco products, such as
e-cigarettes, might have contributed to the observed decline in
cigarette smoking in recent years is uncertain at this time.
Additionally, according to the CDCP, cigarette smoking causes
more than 480,000 deaths each year in the United States; and, as
of 2014, since 1964, approximately 2,500,000 non-smokers have
died from health problems caused by exposure to secondhand
smoke.
Current policies in place for UC, CSU and CCC. The UC has been
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working on developing a systemwide smoking policy for the past
several years; in 2011, it released a white paper that included
a number of studies on smoking and smoking cessation policies.
Additionally, in January 2012, the UC President issued a letter
to all Chancellors to have them form steering committees charged
with implementing a smoke-free policy on their campuses within
24 months. As of January 2014, a systemwide smoke-free policy
has been in place. The provisions of the policy are similar in
nature to the contents of this measure.
The Academic Senate of the CSU passed a resolution in January
2013, requesting the CSU Chancellor to take necessary steps to
modify the CSU System policy to create a smoke-free university
system, including all facilities. Committee staff understands
that the CSU systemwide smoke-free campus policy is nearing its
completed stages and will be adopted in the near future.
Additionally, as of August 1, 2013, CSU Fullerton became the
first 100 percent smoke-free campus in the system. The
provisions of the policy are similar in nature to the contents
of this measure.
The CCC does not have a systemwide policy in place, but as of
March 2015, 16 of the 113 CCC are smoke-free campuses.
Purpose of the measure. According to the author, current
policies at the CCC and CSU vary. The author states, "The
enactment of AB 1594 would ease the problem of second hand smoke
for the non-smoking community at all public higher education
institutions. It would focus on a universal policy for all
public higher education institutions that aims to create a
healthy and safe environment for all."
Policy considerations. The measure specifies that the proceeds
of fines imposed shall be allocated, upon appropriation, for
specified purposes. As drafted, it is presently unclear as to
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what entity is responsible for enforcing the measure, collecting
the fines, and issuing an appropriation.
Moving forward, the author may wish to provide clarity as to who
at each segment and campus is responsible for enforcing the
measure, collecting and processing collected fines, and
appropriating said revenue from the fines. Or, simply allow each
segment to create its own enforcement policies.
Additionally, if the intent of this measure is to assist in
helping persons to stop smoking, it is unclear as to whether or
not an imposed fine will change the behavior of the smoker.
Moving forward, instead of authorizing the segments to levy a
fine for offense, the author may wish to authorize the segments
to determine the best methods of disciplinary action as needed.
Previous and related legislation. SB 7 X2 (Hernandez) of 2016,
which is awaiting action by the Governor, would among others,
increase the minimum legal age to purchase or consume tobacco
from 18 to 21.
AB 795 (Block), Chapter 617, Statutes of 2011, authorized, among
others, the governing bodies of the CSU, UC, and each community
college district to set smoke-free enforcement standards for
their local campuses and impose a fine for a first, second, and
third offense and for each subsequent offense. To note, see
number two of the Existing Law section of this analysis for an
entire summary of this measure.
REGISTERED SUPPORT / OPPOSITION:
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Support
American Cancer Society Cancer Action Network
American Lung Association of California
Campuses Organized and United for Good Health
County Health Executives Association of California
Health Services Association of California Community Colleges
Los Rios Community College District
1 Individual
Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960
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