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:  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:









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          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)









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          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.









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          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.








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               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.









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          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.










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          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  ****


          












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