BILL ANALYSIS �
AB 795
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Date of Hearing: May 5, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 795 (Block) - As Amended: April 28, 2011
SUBJECT : Public postsecondary education: smoke-free campuses.
SUMMARY : Authorizes the California Community Colleges (CCC),
California State University (CSU), and University of California
(UC) governing bodies to set enforcement standards for their
local campus tobacco use policies, as follows:
1)Authorizes CCC, CSU and UC governing bodies to impose a fine
for a first, second, and third offense and for each subsequent
offence.
2)Provides that the amount of fines is to be determined by the
local governing body, not to exceed $100. Provides 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.
3)Requires, if a campus adopts the enforcement and fine
measures, signs to be posted stating campus tobacco use
policies, including the locations at which tobacco use is
prohibited and permitted.
4)Requires, if a campus adopts the enforcement and fine measure,
employees and students to be informed of the tobacco use
policy and enforcement measures employed on their campus.
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 �7597).
2)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 (Government Code �7598).
AB 795
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3)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 104495).
4)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 �6404.5).
FISCAL EFFECT : Unknown.
COMMENTS : Purpose of this bill : The author notes that 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. While existing
law authorizes colleges and universities to adopt and enforce
smoking and tobacco control policies, it is not specific on the
type of enforcement. Many colleges have indicated that they are
hesitant to adopt stronger policies because they are concerned
that they have no way of enforcing the current ones. By adding
specific enforcement policies to current law, colleges will have
clear authority to "cite and collect revenue" as a form of
enforcement.
Background : Existing law does not preclude UC, CSU and CCC from
adopting and enforcing smoking policies stronger than state law.
According to the author, anti-smoking advocates working with
public colleges and universities have been told repeatedly by
campuses that campus police cannot enforce anti-smoking policies
against violators under existing law because the law does not
contain specific language authorizing public institutions the
authority to cite violators. While a cursory examination of UC,
CSU, and CCC campuses found that most campuses have anti-smoking
policies, few campuses have clear enforcement mechanisms.
Committee staff was able to locate one smoking policy with a
clear enforcement mechanism:
Existing law provides the CSU Board of Trustees broad
authority to establish rules and regulations governing campus
grounds (Education Code �89031). The CSU Trustees have
delegated authority to regulate local campus smoking policies
AB 795
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to campus presidents (California Code of Regulations �42356).
Citing this authority, San Francisco State University
President Robert Corrigan directed the University Police
Department to begin issuing citations for violations of the
campus smoke-free policy on April 12, 2010. The fine for each
violation is $58.
REGISTERED SUPPORT / OPPOSITION :
Support
Allan Hancock College Student Health Services
American Heart Association
American Lung Association
Chabot Student Health Center, Chabot College
College of the Canyons, Student Health and Wellness Center
Cosumnes River College Health Services
Cuesta College Health Services
Foothill College
Fullerton College Health Services
Gavilan College Student Health Services
Health Services Association of California Community Colleges
Moreno Valley College Health Services
Mission College
Mission College CalWORKs
Santa Rosa Junior College
San Diego Miramar College Student Health Services
Shasta-Tehama-Trinity Joint Community College District
Student Senate for California Community Colleges
14 Individuals
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960