BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1594| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1594 Author: McCarty (D), et al. Amended: 8/19/16 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. Senate Floor Amendments of 8/19/16 establish a graduated fine structure. ANALYSIS: Existing law: AB 1594 Page 2 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 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) AB 1594 Page 3 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) 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, following the establishment of enforcement standards and a positive educational campaign and after January 1, 2018, as follows: i) Up to $25 for the first offense. ii) Up to $50 for the second offense. iii) Up to $100 for the third offense. 3)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. This bill 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. 4)Authorizes each college or university to implement policies and procedures, including possible assistance from campus law enforcement, for collecting and processing fines. AB 1594 Page 4 5)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. 6)Prohibits a fine from being imposed unless and until an educational campaign fails to result in substantial compliance with the prohibition on tobacco use. 7)Encourages the UC Regents to adopt and enforce new, or continue to enforce existing, policies that prohibit the use of tobacco. 8)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). 9)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. AB 1594 Page 5 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 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. AB 1594 Page 6 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. 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. AB 1594 Page 7 SUPPORT: (Verified8/19/16) None received on the current version OPPOSITION: (Verified8/19/16) 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 8/22/16 22:10:20 **** END **** AB 1594 Page 8