BILL ANALYSIS �
AB 795
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Date of Hearing: April 13, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 795 (Block) - As Amended: March 29, 2011
SUBJECT : Public postsecondary education: smoke-free campuses.
SUMMARY : Gives authority to any California Community College
(CCC) campus, California State University (CSU) campus, or
campus of the University of California (UC) to enforce local and
system-wide smoking and tobacco regulations and policies. It
also bans the sale of tobacco products at all public colleges
and universities, as specified. Specifically, this bill :
1) Provides that all campuses of the CCC and the CSU shall post
signs stating their tobacco use policy on campus, as follows:
(a) Where smoking or tobacco use is prohibited on campus;
and
(b) Where smoking or tobacco use is permitted on
campus.
2) Provides all campuses of the CCC and the CSU shall inform new
employees and students of the tobacco use policy and enforcement
measures employed on their campus.
3) Provides the governing bodies of these campuses have the
authority to:
(a) Set enforcement standards for their local campuses; and
(b) Impose a fine for a first, second, and third offense
and for each subsequent offence.
The amount of fines is to be determined by the local
governing body. 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.
4) Provides that tobacco products shall not be sold on the
campus of the CCC and the CSU.
5) Requests that the Regents of the UC to adopt the procedures
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mentioned above.
EXISTING LAW :
1) Prohibits smoking inside a public building, or in an outdoor
area within 20 feet of a main exit, entrance or window of a
public building, or in a state-owned passenger vehicle.
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.
2) Allows cities, counties and colleges to adopt more
restrictive ordinances prohibiting smoking.
3) Makes it an infraction for a person to smoke within 25 feet
of a playground or sandbox area.
4) Requires the Department of Parks and Recreation (DPR) to
administer and protect state park properties for the use and
enjoyment of the public. Prohibits smoking in state parks upon a
finding of extreme fire hazard by DPR, except as allowed in
designated areas.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : According to the author's office, existing
law authorizes colleges and universities to adopt and enforce
smoking and tobacco control policies but it is not specific on
the type of enforcement. Many colleges have indicated that they
are hesitant to adopt stronger policies because they have no way
of enforcing the current ones. By adding enforcement language
to current law, colleges will have the authority to "cite and
collect revenue" as a form of enforcement.
The author notes, every day students, faculty and guests at
California's public colleges and universities unwillingly
breathe secondhand smoke on campuses that endangers their
health. The Center for Disease Control named smoking as the
leading cause of preventable death, disease, and disability in
the United States.
The author states, in an effort to protect public health,
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complete smoking bans already exist at several California
college campuses and in certain cities. This measure would
follow these examples and give California's colleges the tools
they need to reduce the exposure to secondhand smoke among
students thus lowering the risks of coronary heart disease and
lung cancer.
Background : According to the sponsor, the American Lung
Association in California, existing law prohibits the smoking of
tobacco products in an enclosed space of employment (Labor Code
Section 6404.5) and within 20 feet of a main exit, entrance, or
operable window of a public building (Government Code Section
7596-7598) which includes public colleges and universities. The
law does not however include any enforcement protocols. The
only language regarding enforcement states that cities,
counties, and public colleges/universities can adopt and enforce
stronger policies.
The sponsor states that GC Section 7597(b) gives colleges the
authority to adopt and enforce policies stronger than State Law;
however, the Section is missing a code reference which would
grant the authority to do punitive enforcement. For example, in
CA Vehicle Code, colleges are given the authority to write
citations to individuals who violate a campus parking
regulation.
For that reason, San Francisco State University cites violators
by citing CA Education Code 89031 which gives the CSU Board of
Trustees authority to regulate their local campus grounds. That
authority was granted in 2002, by the CSU Board of Trustees who
delegated this authority to each campus by adopting a Title 5
Code of Regulations which gave local presidents authority to
"cite and collect revenue" for smoking violations on campus.
The resolution was adopted in response to discussions and
concerns about secondhand smoke. Currently, within the CSU
system, Fresno State, Humboldt, San Marcos, and San Francisco
limit smoking.
In support : Proponents state this bill will give authority to
any CCC campus, campus of the CSU, or campus of the UC to
enforce local and campus-wide smoking and tobacco regulations
and policies. By adding enforcement language to the existing
law, California's colleges will have the authority to "cite and
collect revenue" as a form of enforcement. It's a small fix
that will have tremendous impact.
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Proponents of this bill emphasize that California has always
been a leader in tobacco control efforts in the United States
and throughout the world. Proponents believe that this bill
will positively affect public college students, faculty, and
staff from the dangers of secondhand smoke.
Proponents state that exposure to secondhand smoke also
increases the risk of lung cancer and low birth-weight babies.
Secondhand smoke has been declared a toxic air contaminant by
the California Air Resources Board since outdoor tobacco smoke
levels may be as high as indoor secondhand smoke levels. The
California Environmental Protection Agency attributes 4,000
deaths annually from secondhand smoke exposure, while the
California Department of Public Health estimates the adult
health-related cost of smoking in California at $9.14 billion in
2004 alone.
Prior legislation :
SB 4 (Oropeza), 2009-2010 Legislative Session. This bill would
have made it an infraction for an individual to smoke on a state
beach or a state park, as specified. Vetoed by the Governor
AB 2067 (Oropeza), Chapter 736, Statutes of 2006. Prohibits
smoking in specified areas of covered parking lots and adds a
definition of enclosed spaces to current law that already
prohibits smoking in enclosed spaces of employment to include
areas such as lobbies, lounges, waiting areas, elevators,
stairwells and restrooms that are a structural part of the
building.
AB 1583 (Koretz, 2003-2004 Legislative Session). Would have
prohibited smoking at all state beaches, excluding parking lots
and non-sand campgrounds. Failed passage in the Senate.
AB 454 (Yee, 2003-2004 Legislative Session) would have
prohibited smoking on state beaches except within 20 feet of a
waste receptacle. Held in Senate Natural Resources and Water
Committee.
AB 846 (Vargas), Chapter 342, Statutes of 2003. Prohibits
smoking inside public buildings and within 20 feet of a doorway,
entryway, window, or ventilation intake system duct of a public
building. Provides that this prohibition does not preempt the
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authority of any county, city, or city and county from adopting
an ordinance regulating smoking around a doorway, entryway,
window, or ventilation intake system duct of a public building
in any manner. Provides that this prohibition does not preempt
the authority of any California Community College, California
State University, or University of California Campus to adopt
and enforce additional smoking and tobacco control ordinances,
regulations, or policies that are more restrictive than the
applicable standards required by this bill.
AB 188 (Vargas), Chapter 150, Statutes of 2001). Prohibits
smoking and the disposal of smoking related waste within 25 feet
of any playground or tot lot sandbox area. A violation of this
law is an infraction and is punishable by a $250 fine for each
incident.
REGISTERED SUPPORT / OPPOSITION :
Support
American Heart Association
American Lung Association
Associated Students of Santa Rosa Junior College
Chabot College
Chabot Community College
Consumes River College Health Services
Cuesta College Health Services
Foothill College
Fullerton College Health Services
Gavilan College Student Health Services
Health Services Association California Community Colleges
Los Rios Community College District
Mission College
Mission College CalWORKs
Moreno Valley College Health Services
Peralta Community College District
San Diego Miramar College Student Health Services
Santa Rosa Junior College
Shasta-Tehama-Trinity Joint Community College District
Student Health & Wellness Center at College of the Canyons in
Santa Clarita, CA
Student Senate for California Community Colleges
Numerous Individuals
Opposition
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None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531