Bill Text: CA AB1594 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public postsecondary education: prohibition of using tobacco and smoking on campuses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-09-26 - Vetoed by Governor. [AB1594 Detail]

Download: California-2015-AB1594-Amended.html

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BILL NUMBER: AB 1594	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 3, 2016

INTRODUCED BY   Assembly Member McCarty
    (   Coauthor:   Senator   Leno
  ) 

                        JANUARY 6, 2016

   An act to  amend   amend, repeal, and add
 Section 7597.1 of the Government Code, relating to public
postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1594, as amended, McCarty. Public postsecondary education:
prohibition of using tobacco and  smoking  and
vaping  on campuses.
   (1) Existing law establishes the University of California, under
the administration of the Regents of the University of California;
the California State University, under the administration of the
Trustees of the California State University; and the California
Community Colleges, under the administration of the Board of
Governors of the California Community Colleges, as the segments of
public postsecondary education in this state.
   Existing law prohibits public employees or members of the public
from smoking any tobacco product inside a public building or in a
nearby outdoor area, as specified. Existing law also provides that
the governing bodies of the California State University and each
community college district have the authority to set enforcement
standards relating to smoking on their campuses and to enforce these
requirements by citation and fine, as specified. Existing law also
authorizes the Trustees of the California State University to
establish rules and regulations for the government and maintenance of
the buildings and grounds of the university, and provides that a
violation or attempted violation of these rules and regulations is a
misdemeanor.
   This bill would prohibit  the smoking  and
the use  of a tobacco  product or the use of 
 product, including, but not limited to,  an 
e-cigarette   e-cigarette,  on a campus of the
California State University or the California Community Colleges. The
bill would authorize the governing bodies of the California State
University and each community college district to set standards for
the enforcement of that prohibition. The bill would authorize the
enforcement of this prohibition by a fine, not to exceed $100, as
specified. The bill would require the proceeds of the fine to be
allocated, upon appropriation, for purposes including support of the
educational operations of the campus on which the violation occurs,
education about and promotion of the policy implemented by the bill,
and tobacco use cessation treatment options for students of that
campus.
   To the extent that these provisions would impose new duties on
community college districts, and extend the scope of activities on
the buildings and grounds of the California State University that
could be charged as misdemeanors, they would constitute a
state-mandated local program.
   This bill would encourage the Regents of the University of
California to adopt and  enforce provisions  
enforce new, or continue to enforce existing, policies 
substantially similar to those described above. 
   This bill would make these provisions operative on January 1,
2018. 
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 7597.1 of the Government
Code is amended to read:
   7597.1.  (a) Notwithstanding any other law, no person shall smoke
a tobacco product or use an e-cigarette on a campus of the California
State University or the California Community Colleges.
   (b) The Trustees of the California State University and the
governing board of each community college district have the authority
to do both of the following:
   (1) Set standards for the enforcement of the prohibition set forth
in subdivision (a) for the campuses within their respective
jurisdictions, and inform employees and students at that campus about
those standards.
   (2) With respect to a violation of the prohibition set forth in
subdivision (a), impose a fine, not to exceed one hundred dollars
($100), for a first, second, and third offense and for each
subsequent offense. The amount of the fine imposed under this
paragraph shall be determined by the Trustees of the California State
University or the governing board of the affected community college
district, as appropriate. The proceeds of the fines imposed under
this paragraph shall be allocated, upon appropriation, for purposes
to include, but not necessarily be limited to, support of the
educational operations of the campus on which the violation occurs,
education about and promotion of the policy implemented by this
section, and tobacco use cessation treatment options for students of
that campus.
   (c) The Regents of the University of California are encouraged to
adopt and enforce provisions substantially similar to subdivisions
(a) and (b). 
   SECTION 1.    Section 7597.1 of the  
Government Code   is amended to read: 
   7597.1.  (a) The governing bodies of the California State
University, the University of California, and each community college
district have the authority to:
   (1) Set enforcement standards for their local campuses.
   (2) 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 one hundred dollars ($100).
   (b) If a campus adopts the enforcement and fine measures in
subdivision (a), it shall, and the campuses of the University of
California may, post signs stating their tobacco use policy on
campus, as follows:
   (1) The locations at which smoking or tobacco use is prohibited on
campus.
   (2) The locations at which smoking or tobacco use is permitted on
campus.
   (c) If a campus adopts the enforcement and fine measure in
subdivision (a), it shall, and a campus of the University of
California may, inform employees and students of the tobacco use
policy and enforcement measures employed on their campus. 
   (d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2018, deletes or extends that
date. 
   SEC. 2.    Section 7597.1 is added to the  
Government Code   , to read: 
   7597.1.  (a) Notwithstanding any other law, a person shall not
smoke or use a tobacco product on a campus of the California State
University or the California Community Colleges.
   (b) The Trustees of the California State University and the
governing board of each community college district may do both of the
following:
   (1) Set standards for the enforcement of the prohibition set forth
in subdivision (a) for the campuses within their respective
jurisdictions and inform employees and students at that campus about
those standards.
   (2) With respect to a violation of the prohibition set forth in
subdivision (a), impose a fine, not to exceed one hundred dollars
($100), for a first, second, and third offense and for each
subsequent offense. The amount of the fine imposed under this
paragraph shall be determined by the Trustees of the California State
University or the governing board of the affected community college
district, as appropriate. The proceeds of the fines imposed under
this paragraph shall be allocated, upon appropriation, for purposes
to include, but not necessarily be limited to, support of the
educational operations of the campus on which the violation occurs,
education about and promotion of the policy implemented by this
section, and tobacco use cessation treatment options for students of
that campus.
   (c) The Regents of the University of California are encouraged to
adopt and enforce new, or continue to enforce existing, policies
substantially similar to subdivisions (a) and (b).
   (d) For purposes of this section, the following definitions apply:

   (1) To "smoke" means either of the following:
   (A) To inhale, exhale, burn, or carry any lit or heated substance,
including, but not limited to, a tobacco product.
   (B) To operate an electronic smoking instrument.
   (2) "Use a tobacco product" means inhaling, smoking, chewing,
dipping, or any other assimilation into the body of tobacco.
   (3) "Tobacco product" means all forms of tobacco, including
smokeless tobacco, cigarettes, cigars, pipes, hookahs, and
e-cigarettes.
   (e) This section shall become operative on January 1, 2018. 
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.