BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1594
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|Author: |McCarty |
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|Version: |June 1, 2016 Hearing |
| |Date: June 8, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Public postsecondary education: prohibition of using
tobacco and smoking on campuses
SUMMARY
This bill prohibits, beginning January 1, 2018, smoking or the
use of tobacco products on a campus of the California State
University or the California Community Colleges.
BACKGROUND
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 this does not
preempt local entities and campuses of the California
Community Colleges (CCC), California State University
(CSU), and the University of California (UC) from adopting
and enforcing more restrictive smoking and tobacco control
policies. (Government Code § 7597)
2) Authorizes the governing bodies of the CSU, UC, and each
community college district to set enforcement standards for
their local campuses and impose fines up to $100, as
determined by the local governing body. Existing law
requires funds from fines to be allocated to include, but
not be limited to, the designated enforcement agency,
education and promotion of the policy, and tobacco
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cessation treatment options. Existing law requires, if a
campus adopts the enforcement and fine measures (and
authorizes campuses of the UC) to post signs stating the
tobacco use policy on campus, as follows:
a) The locations at which smoking or tobacco use is
prohibited on campus.
b) The locations at which smoking or tobacco use is
permitted on campus.
Requires, if a campus adopts the enforcement and fine
measures (and authorizes campuses of the UC) to inform
employees and students of the tobacco use policy and
enforcement measures employed on the campus.
(GC § 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. (GC § 7598)
4) Prohibits smoking in a private residence that is licensed
as a family day care home, or in areas of the day care home
where children are present, and prohibits smoking on the
premises of a licensed day care center.
(Health & Safety Code § 1596.795)
5) Prohibits smoking or the use of tobacco, or any product
containing tobacco or nicotine products, by K-12 students
while on campus or at a school-sponsored activity.
(Education Code § 48901)
ANALYSIS
This bill prohibits, beginning January 1, 2018, smoking or the
use of tobacco products on a campus of the California State
University (CSU) or the California Community Colleges (CCC).
Specifically, this bill:
1) Beginning January 1, 2018, prohibits a person from smoking
or using a tobacco product on a campus of the CSU or the
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CCC.
2) 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
and tobacco use 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.
c) Impose a fine up to $100, following a positive
educational campaign and after January 1, 2018, with
respect to a violation of the smoking and tobacco use
prohibition.
i) Requires the amount of the fine to be
determined by the CSU Trustees or the governing
board of the affected community college district,
as appropriate.
ii) Requires the proceeds of the fines to
be allocated for purposes to include but not
limited to, support of the educational operations
of the campus on which the violation occurs,
education about and promotion of the smoke- and
tobacco-free policy, and tobacco use cessation
treatment options for students of that campus.
3) Authorizes each college or university to implement policies
and procedures, including possible assistance from campus
law enforcement, for collecting and processing fines.
4) Requires a campus that adopts the enforcement and fine
measures, and authorizes campuses of the University of
California (UC), to post signs stating the campus tobacco
use policy in any locations that were specifically
designated for smoking or tobacco use before the
prohibition on tobacco use took effect.
5) Prohibits a fine from being imposed unless and until an
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educational campaign fails to result in substantial
compliance with the prohibition on tobacco use.
6) Encourages the UC Regents to adopt and enforce new, or
continue to enforce existing, policies that prohibit the
use of tobacco.
7) Authorizes the governing bodies of the California State
University (CSU) or a community college district to
continue and enforce a tobacco use policy adopted before
January 1, 2017, until the prohibition on tobacco use
pursuant to this bill takes effect (January 1, 2018).
8) Provides the following definitions:
a) "Smoke or smoking" means inhaling, exhaling,
burning, or carrying any lighted or heated cigar,
cigarette, or pipe, or any other lighted or heated
tobacco or plant product intended for inhalation,
whether natural or synthetic, in any manner or in any
form. This bill provides that "smoke" or "smoking"
includes the use of an electronic smoking device that
creates an aerosol or vapor, in any manner or in any
form, or the use of any oral smoking device for the
purpose of circumventing the prohibition of smoking.
b) "Tobacco product" means any of the following:
i) A product containing, made or derived
from tobacco or nicotine that is intended for
human consumption, whether smoked, heated,
chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means,
including but not limited to cigarettes, cigars,
little cigars, chewing tobacco, pipe tobacco, or
snuff.
ii) An electronic device that delivers
nicotine or other vaporized liquids to the person
inhaling from the device, including but not
limited to an electronic cigarette, cigar, pipe
or hookah.
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iii) Any component, part, or accessory of a
tobacco product, whether or not sold separately.
c) "Tobacco product" does not include a product that
has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product
or for other therapeutic purposes where the product is
marketed and sold solely for such an approved purpose.
STAFF COMMENTS
1) Need for the bill. According to the author, "Current
smoking policies at the California Community College (CCC)
and the California State University (CSU) campuses are a
variation of the following: smoking is not allowed within
25 feet of building doorways, windows, breezeways, air
intake, and vented areas. Existing law allows each
community college district to determine if they would
implement a smoke and tobacco ban. The CSU system allows
each individual campus to change the smoking policy as they
found appropriate to their campus' needs. The range of
policies from the various campuses can create confusion,
and is a source of frustration and concern for proponents
of tobacco free campuses."
2) Current policies. Existing law authorizes campuses of the
CCC, the CSU, and the UC to adopt and enforce policies that
restrict smoking and tobacco beyond the prohibition on
smoking inside public buildings or in outdoor areas within
20 feet of a main exit, entrance or window of a public
building.
The CSU prohibits smoking in all CSU buildings or leased spaces.
The Academic Senate of the CSU passed a resolution in
January 2013, requesting the CSU Chancellor to take
necessary steps to modify the CSU systemwide policy to
create a smoke-free system, including all facilities.
According to the CSU, its systemwide smoke-free campus
policy is nearing completion and should be adopted in the
near future. As of August 1, 2013, CSU Fullerton became
the first (and only) 100% smoke-free campus in the system.
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The CCC does not have a systemwide policy in place. According
to the CCC Chancellor's office, 18 of the 72 community
college districts, comprising 37 campuses, currently have
smoke-free policies.
As of January 1, 2014, the University of California (UC) has in
place a systemwide smoke- and tobacco-free policy,
affecting all UC campuses, labs and centers.
3) Practical effect. The UC already has a systemwide smoke-
and tobacco-free policy, and the CSU reportedly will have a
systemwide smoke-free policy in place in the near future.
Eighteen of the 72 community college districts currently
have smoke-free policies. The UC's policy appears to be
consistent with the provisions of this bill. It remains to
be seen if CSU's policy will be consistent with the
provisions of this bill. Staff has not reviewed the 18
policies of the CCC districts. This bill would essentially
require the remaining CCC districts to adopt a policy, and
require all CCCs and the CSU to ensure their existing
policies meet the criteria of this bill.
4) Enforcement standards. This bill authorizes the governing
bodies of the CSU, UC, and each community college district
to set enforcement standards for their local campuses and
impose fines up to $100. This bill prohibits a fine from
being imposed unless and until an educational campaign
fails to result in substantial compliance with the
prohibition on the use of tobacco. Enforcement standards
are important to ensure that the prohibition on the use of
tobacco is uniformly and fairly enforced at each campus.
Staff recommends an amendment to prohibit the imposition of
a fine unless and until the system (California State
University (CSU) or California Community College (CCC)) has
established standards for the enforcement of the
prohibition on the use of tobacco, and informed employees
and students about those standards.
5) Fiscal impact. According to the Assembly Appropriations
Committee analysis, this bill imposes the following costs:
a) Eighteen of the 72 community college districts
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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 (GF-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.
b) No cost to University of California (UC), as the
system's current policy, adopted in January 2014, is
consistent with the requirements of this bill.
c) 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.
6) Related legislation. SB 5 x2 (Leno, Ch. 7, 2015) recasts
and broadens the definition of "tobacco product" in current
law to include electronic cigarettes, as specified; extends
current restrictions and prohibitions against the use of
tobacco products to electronic cigarettes; extends current
licensing requirements for manufacturers, importers,
distributors, wholesalers, and retailers of tobacco
products to electronic cigarettes; and requires electronic
cigarette cartridges to be child-resistant.
SB 8 x2 (Liu) extends current tobacco use prevention funding
eligibility and requirements for county offices of
education and school districts to include charter schools,
broadens the definition of products containing tobacco and
nicotine, and prohibits their use in specified areas of
schools and school districts, regardless of funding. SB 8
x2 was never heard in the Assembly.
SB 7 x2 (Hernandez, Ch. 8, 2015) increases the minimum legal age
to purchase or consume tobacco from 18 to 21 and makes
additional conforming changes to restrictions and
enforcement mechanisms in current law.
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SUPPORT
American Academy of Pediatrics, California
American Cancer Society Cancer Action Network
American Heart Association/American Stroke Association
American Lung Association in California
California Chapter of the American College of Emergency
Physicians
California Medical Association
California Optometric Association
Campuses Organized and United for Good Health (COUGH)
Cerritos Community College District
First 5 Association of California
Los Rios Community College District
Santa Ana College, Health & Wellness Center
Santiago Canyon College
OPPOSITION
None received.
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