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AB-1594 Public postsecondary education: prohibition of using tobacco and smoking on campuses.(2015-2016)

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Enrolled  August 31, 2016
Passed  IN  Senate  August 23, 2016
Passed  IN  Assembly  August 30, 2016
Amended  IN  Senate  August 19, 2016
Amended  IN  Senate  June 15, 2016
Amended  IN  Senate  June 01, 2016
Amended  IN  Assembly  March 31, 2016
Amended  IN  Assembly  March 03, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 1594


Introduced by Assembly Member McCarty
(Coauthor: Senator Leno)

January 06, 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, 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 $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   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 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 “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.