BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 795|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 795
Author: Block (D)
Amended: 6/29/11 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/22/11
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 54-23, 5/23/11 - See last page for vote
SUBJECT : Public postsecondary education: smoke-free
campuses
SOURCE : Author
DIGEST : This bill grants authority to the governing
bodies of the California State University, the University
of California, and each community college district to set
smoking and tobacco enforcement standards, impose fines,
and post signs stating the tobacco use policy on campus.
ANALYSIS :
Existing law
1. Prohibits smoking inside a public building, or in an
CONTINUED
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outdoor area within 20 feet of a main exit, entrance or
window of a public building, or in a state-owned
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. Specifies the prohibition does not preempt cities,
counties, and public colleges and universities to adopt
and enforce additional smoking and tobacco control
ordinances, regulation, or policies that are more
restrictive.
This bill authorizes the governing bodies of California
State University (CSU), the University of California (UC),
and each community college district to set enforcement
standards for their local campus tobacco use policies.
Specifically, the bill:
1. Authorizes a local campus to 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 and shall not exceed $100. Funds
shall be allocated to include, but not be limited to,
education and promotion of the policy, and tobacco
cessation treatment options.
2. Requires each community college district, CSU campus,
and UC campus, which adopts enforcement and fine
measures to post signs stating their tobacco use policy
on campus, as follows:
A. The locations where smoking or tobacco use is
prohibited and permitted.
B. Inform employees and students of the tobacco
use policy and enforcement measures employed on
their campuses.
Comments
Governing body authority . The intent of this bill is to
provide local campuses with the authority to enforce
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tobacco use policies. Typically, the CSU Board of Trustees
or the Regents of the University of California delegate
authority to campus leaders for implementing policies,
rules, and regulations where appropriate.
Prior Legislation
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. Passed the Senate with
a vote of 21-13 on August 1, 2006.
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 authority of any community college
district, CSU, or UC 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. Passed the Senate with a
vote of 21-13 on August 19, 2003.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/9/11)
American Cancer Society
American Heart Association
American Lung Association
Breathe California
California Medical Association
California State Student Association
Community College League of California
Glendale Community College District
Health Services Association of California Community
Colleges
Los Rios Community College District
Mt. San Jacinto Community College District
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Peralta Community College District
San Diego Community College District
San Diego Miramar College
ARGUMENTS IN SUPPORT : According to the author's office,
existing law authorizes public colleges and universities to
adopt and enforce smoking and tobacco control policies but
it is not specific on the type of enforcement. As a
result, many colleges have indicated that they are hesitant
to adopt stronger policies because they have no way of
enforcing the current policies. By adding enforcement
language, public colleges and universities will have the
authority to cite and collect revenue as a form of
enforcement. This bill gives 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.
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Block, Blumenfield, Bonilla, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher,
Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Pan, Perea, V. Manuel P�rez, Portantino, Skinner,
Solorio, Swanson, Torres, Wieckowski, Williams, Yamada,
John A. P�rez
NOES: Bill Berryhill, Conway, Donnelly, Beth Gaines,
Garrick, Grove, Hagman, Halderman, Harkey, Jeffries,
Jones, Knight, Logue, Mansoor, Miller, Morrell, Nielsen,
Norby, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Cook, Gorell, Nestande
CP:do 8/9/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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