BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1594 (McCarty) - Public postsecondary education: prohibition
of using tobacco and smoking on campuses
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|Version: June 15, 2016 |Policy Vote: ED. 7 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Jillian Kissee |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: This bill, starting January 1, 2018, prohibits a
person from smoking or using a tobacco product on a California
State University (CSU) or California Community College (CCC)
campus. This bill also encourages the University of California
(UC) Regents to adopt and enforce new, or continue to implement
existing similar, policies as contained in this bill.
Fiscal
Impact:
Of the 72 community college districts, 18 have policies
consistent with the requirements of this bill. The remaining
54 community college districts will likely have to take some
AB 1594 (McCarty) Page 1 of
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action to ensure they are in compliance with this new law,
such as adopting a tobacco-free policy. To the extent the
Commission on State Mandates deems this bill to impose a
reimbursable state mandate, costs would be about $110,000
assuming $2,000 per district to adopt such a policy. Other
activities authorized in the bill, such as setting standards
for enforcement, increasing awareness of a tobacco- and
smoke-free policy, assessing fees, and posting signs are not
reimbursable activities, as they are permissive. (Proposition
98)
No additional cost to the CSU as it is currently implementing
a system-wide prohibition policy.
No additional cost to the UC as the system's current policy is
consistent with the requirements of this bill.
Background: Existing law prohibits smoking inside public buildings or in
outdoor areas within 20 feet of a main exit, entrance, or window
of a public building. It further states that this prohibition
does not preempt the authority of local entities and campuses of
the CCC, CSU, and the UC to adopt and enforce more restrictive
smoking and tobacco control policies. (Government Code § 7597)
Existing law 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 cessation treatment options.
Existing law requires, if a campus adopts the enforcement and
fine measures it must, and authorizes campuses of the UC to,
post signs stating the tobacco use policy on campus, in
locations where smoking or tobacco use is prohibited and
permitted on campus. (Government Code § 7597.1)
Existing law also prohibits smoking or the use of tobacco, as
specified, by kindergarten through grade 12 students while on
campus or at school-sponsored activities. (Education Code §
48901)
AB 1594 (McCarty) Page 2 of
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Proposed Law:
This bill, starting January 1, 2018, prohibits a person from
smoking or using a tobacco product on a CSU or CCC campus. The
UC Regents are encouraged to adopt and enforce new, or continue
to implement existing similar, policies as contained in this
bill.
This bill provides the CSU Trustees and the governing board of
each community college district with the authority to do the
following:
Set standards for the enforcement of the smoking prohibition
and inform employees and students about the standards;
Conduct a campaign to increase awareness of a tobacco- and
smoke-free policy;
Impose a fine of no more than $100 (as long as enforcement
standards are set and a campaign has been conducted), as
determined by the CSU Trustees or the governing board of each
community college district, for a violation of the
prohibition. These revenues are required to be used for
purposes including, the support of the educational operations
of the respective campus, education about the tobacco-free
policy, and tobacco use cessation treatment options for
students of that campus.
If a campus adopts enforcement standards and a fine, it is
required to, and a UC campus may, post signs stating the
campus tobacco use policy in any locations that were
designated for smoking before this prohibition.
A fine is prohibited from being imposed unless a campaign
fails to result in substantial compliance with the
prohibition.
AB 1594 (McCarty) Page 3 of
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Related
Legislation: SB 7 x2 (Hernandez, Ch. 8, 2015) increases the
minimum legal age to purchase or consume tobacco from 18 to 21.
Staff
Comments: According to the CSU, it is currently implementing a
system-wide policy prohibiting smoking on campuses which is
expected to be adopted in the near future. Though there are
costs associated with implementing this policy, the CSU is
incurring them regardless of the enactment of this bill.
As of January 1, 2014, the UC has in place a system-wide smoke-
and tobacco-free policy, affecting all UC campuses, labs, and
centers.
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