BILL ANALYSIS Ó
AB 1594
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GOVERNOR'S VETO
AB
1594 (McCarty)
As Enrolled September 8, 2016
2/3 vote
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|ASSEMBLY: |48-24 |(April 25, |SENATE: |26-12 |(August 23, |
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|ASSEMBLY: |52-27 |(August 30, | | | |
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Original Committee Reference: HIGHER ED.
SUMMARY: Prohibits, commencing on January 1, 2018, a person
from smoking or using a tobacco product on a California State
University (CSU) or California Community College (CCC) campus;
and, encourages the University of California (UC) Regents to
adopt and enforce new, or continue to implement existing or
similar policies as contained in this bill.
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The Senate amendments do the following:
1)Authorize the CSU Trustees and the governing board of each
community college district following compliance, as specified,
to impose a fine, not to exceed $25 for the first offense, $50
for the second offense, and $100 for the third and subsequent
offenses.
2)Define "smoke" or "smoking" to mean, 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.
3)Specify "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.
4)Define "tobacco product" to mean any of the following:
a) 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;
b) 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,
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cigar, pipe, or hookah; and,
c) Any component, part, or accessory of a tobacco product,
whether or not sold separately.
5)Specify "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.
6)Make technical and clarifying changes.
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 the aforementioned provision
does not preempt local entities and CCC, CSU, and UC from
adopting and enforcing more restrictive smoking and tobacco
control policies (Government Code (GOV) Section 7597).
2)Authorizes the governing bodies of the CSU, UC, and each
community college district to set smoke-free enforcement
standards for their local campuses and impose a fine for a
first, second, and third offense and for each subsequent
offense. Specifies that the amount of fines is to be
determined by the local governing body and that funds shall be
allocated to include, but not be limited to, the designated
enforcement agency, education and promotion of the policy, and
tobacco cessation treatment options. Specifies that the civil
penalty shall not exceed $100. Specifies that if a campus
adopts the enforcement and fine measures, as specified, it
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shall, and the campuses of the UC may, post signs stating
their tobacco use policy on campus, as follows: a) the
locations at which smoking or tobacco use is prohibited on
campus; and, b) the locations at which smoking or tobacco use
is permitted on campus. Specifies that if a campus adopts the
enforcement and fine measure as specified, it shall, and a
campus of the UC may, inform employees and students of the
tobacco use policy and enforcement measures employed on their
campus (GOV Section 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 (GOV Section 7598).
4)Prohibits smoking and the disposal of smoking related waste
within 25 feet of any playground or sandbox area. Provides
that a violation is an infraction punishable by a $250 fine
for each incident (Health and Safety Code Section 104495).
5)Prohibits an employer from knowingly permitting smoking in an
enclosed space of employment, including lobbies, lounges,
waiting areas, elevators, stairwells and restrooms that are a
structural part of the building (Labor Code Section 6404.5).
FISCAL EFFECT: According to the Senate Appropriations
Committee, the following costs are associated with this measure:
1)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
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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).
2)No additional cost to the CSU as it is currently implementing
a system-wide prohibition policy.
3)No additional cost to the UC as the system's current policy is
consistent with the requirements of this bill.
COMMENTS: Background. According to the United States (U.S.)
Department of Health and Human Services Centers for Disease
Control and Prevention (CDCP), Morbidity and Mortality Weekly
Report, dated November 13, 2015, during 2005 - 2014, the
prevalence of cigarette smoking among U.S. adults declined from
20.9 % to 16.8%. Adults aged 18 - 24 years experienced the
greatest decrease in cigarette smoking prevalence; however, the
use of non-cigarette tobacco products, including e-cigarettes
and hookahs, is growing and common among youth and young adults.
To note, the extent to which emerging tobacco products, such as
e-cigarettes, might have contributed to the observed decline in
cigarette smoking in recent years is uncertain at this time.
Additionally, according to the CDCP, cigarette smoking causes
more than 480,000 deaths each year in the United States; and, as
of 2014, since 1964, approximately 2,500,000 non-smokers have
died from health problems caused by exposure to secondhand
smoke.
Current policies in place for UC, CSU and CCC. The UC has been
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working on developing a systemwide smoking policy for the past
several years; in 2011, it released a white paper that included
a number of studies on smoking and smoking cessation policies.
Additionally, in January 2012, the UC President issued a letter
to all Chancellors to have them form steering committees charged
with implementing a smoke-free policy on their campuses within
24 months. As of January 2014, a systemwide smoke-free policy
has been in place. The provisions of the policy are similar in
nature to the contents of this measure.
The Academic Senate of the CSU passed a resolution in January
2013, requesting the CSU Chancellor to take necessary steps to
modify the CSU System policy to create a smoke-free university
system, including all facilities. Committee staff understands
that the CSU systemwide smoke-free campus policy is nearing its
completed stages and will be adopted in the near future.
Additionally, as of August 1, 2013, CSU Fullerton became the
first 100% smoke-free campus in the system. The provisions of
the policy are similar in nature to the contents of this
measure.
The CCC does not have a systemwide policy in place, but as of
March 2015, 16 of the 113 CCC are smoke-free campuses.
Purpose of the measure. According to the author, current
policies at the CCC and CSU vary. The author states, "The
enactment of AB 1594 would ease the problem of second hand smoke
for the non-smoking community at all public higher education
institutions. It would focus on a universal policy for all
public higher education institutions that aims to create a
healthy and safe environment for all."
Previous and related legislation. SB 7 X2 (Hernandez), Chapter
8, Statutes of 2015-16 Second Extraordinary Session, would among
others, increase the minimum legal age to purchase or consume
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tobacco from 18 to 21.
AB 795 (Block), Chapter 617, Statutes of 2011, authorized, among
others, the governing bodies of the CSU, UC, and each community
college district to set smoke-free enforcement standards for
their local campuses and impose a fine for a first, second, and
third offense and for each subsequent offense. To note, see
number two of the Existing Law section of this analysis for an
entire summary of this measure.
GOVERNOR'S VETO MESSAGE:
I am returning Assembly Bill 1594 without my signature.
This bill prohibits smoking and tobacco products at California
State University and community college campuses and encourages
the University of California to adopt these same prohibitions.
The governing boards of our public colleges and universities
already have the authority and are fully capable of setting
smoking policies on their campuses.
Current law should suffice.
Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960
FN: 0005083
AB 1594
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