BILL ANALYSIS �
AB 795
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 795 (Block)
As Amended June 29, 2011
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |54-23|(May 23, 2011) |SENATE: |29-9 |(August 29, |
| | | | | |2011) |
-----------------------------------------------------------------
Original Committee Reference: G.O.
SUMMARY : Grants authority to the governing bodies of the
California State University (CSU), the University of California
(UC), and each community college district (CCD) to set smoking and
tobacco enforcement standards, impose fines, and post signs
stating the tobacco use policy on campus. Specifically, this
bill :
1)Provides that the governing bodies of CSU, UC, and each CCD 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 offense. 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. The civil penalty
shall not exceed $100.
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.
3)Provides that if a campus adopts the enforcement and fine
measure, as defined, it shall, and the UC may, inform employees
and students of the tobacco use policy and enforcement measures
AB 795
Page 2
employed on their campus.
The Senate amendments clarify that each community college district
shall be granted the authority to set smoking and tobacco
enforcement standards, impose fines, and post signs stating the
tobacco use policy on campus.
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 : According to the Assembly Appropriations
Committee, no significant costs associated with this legislation.
COMMENTS :
Purpose of this bill . According to the author, 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 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
AB 795
Page 3
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, complete
smoking bans already exist at several California college campuses
and in certain cities. This bill 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 (GC) 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 the
California 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 California Education Code Section 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
AB 795
Page 4
revenue" as a form of enforcement. It is a small fix that will
have tremendous impact.
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) of 2009, which was vetoed,
would have made it an infraction for an individual to smoke on a
state beach or a state park, as specified.
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) of 2003, which failed passage, would have
prohibited smoking at all state beaches, excluding parking lots
and non-sand campgrounds.
AB 454 (Yee) of 2003, which was held in the Senate Natural
Resources and Wildlife Committee, would have prohibited smoking on
state beaches except within 20 feet of a waste receptacle.
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 county, city, or city and county from adopting an ordinance
regulating smoking around a doorway, entryway, window, or
AB 795
Page 5
ventilation intake system duct of a public building in any manner.
Provides that this prohibition does not preempt the authority of
any CCC, 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.
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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001927