BILL ANALYSIS Ó
AB 1594
Page 1
ASSEMBLY THIRD READING
AB
1594 (McCarty)
As Amended March 31, 2016
Majority vote
------------------------------------------------------------------
|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Higher |10-3 |Medina, Baker, Bloom, |Chávez, Linder, |
|Education | |Irwin, Jones-Sawyer, |Olsen |
| | |Levine, Low, | |
| | |Santiago, Weber, | |
| | |Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
------------------------------------------------------------------
AB 1594
Page 2
SUMMARY: Prohibits, effective January 1, 2018, smoking or use
of tobacco products on any campus of the California State
University (CSU) and the California Community Colleges (CCC).
Specifically, this bill:
1)Authorizes the CSU Trustees and the governing board of each
community college district to do all 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;
b) Conduct a positive educational campaign to increase the
awareness of a tobacco and smoke-free policy; and,
c) Following a positive educational campaign and after
January 1, 2018, with respect to a violation of the smoking
prohibition, impose a fine, not to exceed $100. 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, 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.
2)Specifies that each college or university may implement
policies and procedures, including possible assistance from
campus law enforcement, for collecting and processing imposed
fines, as specified.
AB 1594
Page 3
3)Requires that if a campus adopts the enforcement and fine
measures, as specified, it shall, and the campuses of the
University of California (UC) may, post signs stating the
campus tobacco use policy in any locations that were
specifically designated for smoking or tobacco us before the
smoking prohibition took effect.
4)Specifies that no fine shall be imposed, as specified, unless
and until an educational campaign conducted fails to result in
substantial compliance with the smoking prohibition.
5)Encourages the UC Regents to adopt and enforce new, or
continue to enforce existing, non-smoking policies, as
specified.
6)Defines "to smoke" to mean either of the following:
a) To inhale, exhale, burn, or carry any lit or heated
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; and,
b) To operate an electronic smoking 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.
7)Defines "use a tobacco product" to mean inhaling, smoking,
chewing, dipping, or any other assimilation into the body of
tobacco.
AB 1594
Page 4
8)Defines "tobacco product" to mean all forms of tobacco,
including smokeless tobacco, cigarettes, cigars, pipes,
hookahs, and e-cigarettes.
9)Specifies that the governing bodies of the CSU or a community
college district may continue and enforce a tobacco use policy
adopted before January 1, 2017, until the smoking prohibition,
as specified, takes effect.
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
AB 1594
Page 5
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).
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: According to the Assembly Appropriations
Committee, the following costs are associated with this measure:
1)Eighteen of the 72 community college districts currently have
smoke-free policies. Assuming a cost of $2,000 per district
for the remaining 54 districts to adopt a policy for their
campuses, one-time state reimbursable costs would be $108,000
(General Fund-Prop 98). Other costs districts may incur - for
conducting an educational campaign, providing enforcement, and
posting signs - would be discretionary and therefore are not
state-reimbursable.
2)No cost to UC, as the system's current policy, adopted in
January 2014, is consistent with the requirements of this
bill.
AB 1594
Page 6
3)Development of CSU's systemwide smoke-free campus policy is
nearing completion and will soon be adopted. Furthermore, as
of August 1, 2013, CSU Fullerton became the first 100%
smoke-free campus in the system. The provisions of
Fullerton's policy are similar to this measure.
COMMENTS:
Background. According to the United States (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% to
16.8%. Adults aged 18 to 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
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
AB 1594
Page 7
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. The Assembly Higher Education
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, several CCCs are smoke-free campuses.
Previous and related legislation. SB 7 X2 (Hernandez) of the
current legislative session, 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.
Analysis Prepared by:
AB 1594
Page 8
Jeanice Warden / HIGHER ED. / (916) 319-3960
FN: 0002752