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 SENATE  AUGUST 19, 2016
	AMENDED IN SENATE  JUNE 15, 2016
	AMENDED IN SENATE  JUNE 1, 2016
	AMENDED IN ASSEMBLY  MARCH 31, 2016
	AMENDED IN ASSEMBLY  MARCH 3, 2016

INTRODUCED BY   Assembly Member McCarty
   (Coauthor: Senator Leno)

                        JANUARY 6, 2016

   An act to 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 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, beginning January 1, 2018, prohibit smoking,
including the use of an electronic smoking device, and the use of a
tobacco product 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 and to conduct a positive educational campaign to
increase the awareness of a tobacco- and smoke-free policy. The bill
would authorize the enforcement of this prohibition by a fine, not to
exceed  $100,   $25 for the first offense, $50
for the 2nd offense, and $100 for the 3rd and subsequent offenses,
 as specified. The bill would require the proceeds of the fine
to be allocated 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 new, or continue to enforce existing,
policies substantially similar to those described above.
   (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 repealed.
  SEC. 2.  Section 7597.1 is added to the Government Code, to read:
   7597.1.  (a) Notwithstanding any other law, beginning January 1,
2018, 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 all 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) Conduct a positive educational campaign to increase the
awareness of a tobacco- and smoke-free policy.
   (3) (A) Following compliance with paragraphs (1) and (2) of
subdivision (b) and after January 1, 2018, with respect to a
violation of the prohibition set forth in subdivision (a), impose a
fine, not to exceed  one hundred dollars ($100). 
 twenty-five dollars ($25) for the first offense, fifty dollars
($50) for the second offense, and one hundred dollars ($100) for the
third offense and subsequent offenses.  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.
   (B) The proceeds of the fines imposed under this paragraph shall
be allocated 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) Each college or university may implement policies and
procedures, including possible assistance from campus law
enforcement, for collecting and processing fines imposed under this
paragraph.
   (D) If a campus adopts the enforcement and fine measures under
this paragraph, it shall, and the campuses of the University of
California may, post signs stating the campus tobacco use policy in
any locations that were specifically designated for smoking or
tobacco use before the prohibition set forth in subdivision (a) took
effect.
   (E) A fine shall not be imposed under this paragraph unless and
until an educational campaign conducted pursuant to paragraph (2)
fails to result in substantial compliance with the prohibition set
forth in subdivision (a).
   (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)  "Smoke"or   "Smoke" or  "smoking"
means inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco or
plant product intended for inhalation, whether natural or synthetic,
in any manner or in any form. "Smoke" or "smoking" includes the use
of an electronic smoking device that creates an aerosol or vapor, in
any manner or in any form, or the use of any oral smoking device for
the purpose of circumventing the prohibition of smoking.
   (2) (A) "Tobacco product" means any of the following:
   (i) A product containing, made, or derived from tobacco or
nicotine that is intended for human consumption, whether smoked,
heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means, including, but not limited to,
cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or
snuff.
   (ii) An electronic device that delivers nicotine or other
vaporized liquids to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, pipe, or hookah.
   (iii) Any component, part, or accessory of a tobacco product,
whether or not sold separately.
   (B) "Tobacco product" does not include a product that has been
approved by the United States Food and Drug Administration for sale
as a tobacco cessation product or for other therapeutic purposes
where the product is marketed and sold solely for such an approved
purpose.
   (e) The governing bodies of the California State University or a
community college district may continue and enforce a tobacco use
policy adopted before January 1, 2017, until the prohibition set
forth in subdivision (a) takes effect.
  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.