California 2015-2016 Regular Session Status: To Executive

AB 1594 — Public postsecondary education: prohibition of using tobacco and smoking on campuses.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 27. Page 6435.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 12. Page 5307.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

  10. In committee: Referred to APPR. suspense file.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (June 8).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

  14. Referred to Com. on ED.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 24. Page 4497.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 14. Noes 6.) (April 13).

  19. Re-referred to Com. on APPR.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 3.) (March 15). Re-referred to Com. on APPR.

  22. Re-referred to Com. on HIGHER ED.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

  24. Referred to Com. on HIGHER ED.

  25. From printer. May be heard in committee February 6.

  26. Read first time. To print.

Sponsors

  • Leno · Cosponsor
  • McCarty · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 10 voted No

Sponsors (1)

  • McCarty

Co-sponsors (1)

  • Leno

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 52 Yea · 27 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 472201
Democratic 5000
Republican 0500
Total 522701
% of votes cast 65%34%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Kim — Nay
Linder — Nay
Low — Yea
Mathis — Nay
Mayes — Nay
Obernolte — Nay
Olsen — Nay
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Williams — Yea
Eggman — Yea
Cooper — Yea
Campos — Yea
Gatto — Yea
Salas — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Medina — Yea
O'Donnell — Yea
Rendon — Yea
Frazier — Not Voting
Gordon — Yea
Lopez — Yea
Hadley — Nay
Harper — Nay
Holden — Yea
Burke — Yea
Atkins — Yea
Levine — Yea
Maienschein — Yea
Chang — Nay
McCarty — Yea
Gray — Nay
Melendez — Nay
Mullin — Yea
Nazarian — Yea
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Gomez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Passed 26 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241101
Democratic 2100
Total 261201
% of votes cast 67%31%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Huff — Nay
Lara — Yea
Mendoza — Yea
Nielsen — Nay
Vidak — Nay
Galgiani — Not Voting
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Nay
Fuller — Nay
Glazer — Yea
Hall — Yea
Hancock — Yea
Bates — Nay
Hertzberg — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Nielsen — Nay
Hill — Yea
Bates — Nay
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Passed 48 Yea · 24 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 441907
Democratic 4001
Republican 0500
Total 482408
% of votes cast 60%30%0%10%
How each member voted (80)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Baker — Yea
Bigelow — Nay
Brough — Nay
Brown — Yea
Harper — Nay
Jones-Sawyer — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
Waldron — Nay
Eggman — Not Voting
Chu — Yea
Cooper — Yea
Salas — Yea
Bonilla — Yea
Gordon — Yea
Holden — Yea
Lopez — Yea
Levine — Yea
Burke — Yea
Atkins — Yea
McCarty — Yea
Bloom — Yea
Campos — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Chávez — Nay
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Wagner — Nay
Gray — Nay
Chang — Not Voting
Daly — Not Voting
Frazier — Not Voting
Hadley — Nay
Kim — Nay
Linder — Nay
Olsen — Not Voting
Steinorth — Nay
Wilk — Nay
Williams — Not Voting
Gatto — Yea
Gomez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Republican 0200
Democratic 2000
Total 14600
% of votes cast 70%30%0%0%
How each member voted (20)
Member Party Vote
Eggman — Yea
Chang — Nay
Daly — Yea
Bigelow — Nay
Bloom — Yea
Holden — Yea
Bonilla — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 1594 do?
(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.
Who sponsors AB 1594?
AB 1594 is sponsored by Leno and McCarty.
What is the current status of AB 1594?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1594?
Track AB 1594 free on One Click Politics — get push/email alerts when it moves.

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