BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1594|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 1594
Author: McCarty (D), et al.
Amended: 6/15/16 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-2, 6/8/16
AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
NOES: Huff, Vidak
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 48-24, 4/25/16 - See last page for vote
SUBJECT: Public postsecondary education: prohibition of
using tobacco and smoking on campuses
SOURCE: Author
DIGEST: 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.
ANALYSIS:
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
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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 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)
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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 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 the establishment of
enforcement standards and 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 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 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.
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
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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.
Comments
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.
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 UC has in place a systemwide smoke-
and tobacco-free policy, affecting all UC campuses, labs and
centers.
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.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
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
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.
SUPPORT: (Verified8/12/16)
Association of California Healthcare Districts
California Academy of Preventive Medicine
California Chapter of the American College of Emergency
Physicians
California Dental Association
California Optometric Association
County Health Executives Association of California
Shasta College, Student Health & Wellness Office
University of California Student Association
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OPPOSITION: (Verified8/12/16)
None received
ASSEMBLY FLOOR: 48-24, 4/25/16
AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta,
Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley,
Cooper, Dababneh, Dodd, Cristina Garcia, Eduardo Garcia,
Gatto, Gomez, Gonzalez, Gordon, Roger Hernández, Holden,
Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty,
Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas,
Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber,
Wood, Rendon
NOES: Travis Allen, Bigelow, Brough, Chávez, Dahle, Beth
Gaines, Gallagher, Gray, Grove, Hadley, Harper, Jones, Kim,
Lackey, Linder, Mathis, Mayes, Melendez, Obernolte, Patterson,
Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Achadjian, Chang, Daly, Eggman, Frazier,
Gipson, Olsen, Williams
Prepared by:Lynn Lorber / ED. / (916) 651-4105
8/15/16 19:47:20
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