U N I V E R S I T Y O F C A L I F O R N I A
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BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO |
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SANTA BARBARA • SANTA CRUZ |
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1111 Franklin Street Oakland, California 94607-5200 Phone: (510) 987-9074 Fax: (510) 987-9086 http://www.ucop.edu |
December 3, 2003
CHANCELLORS
LABORATORY DIRECTORS
SENIOR VICE PRESIDENT--BUSINESS AND FINANCE
Dear Colleagues:
The purpose of this letter is to ask you to revise your existing non-smoking guidelines as needed to comply with new law. In September 2003, the Governor signed Assembly Bill 846, which as of January 1, 2004 will extend the no-smoking zone to 20 feet away from entrances and exits of public buildings, and will add to the prohibited area any place within 20 feet of any operable window (copy of legislation attached). By this letter, I am asking each of you to augment your existing guidelines to put into place the requirements of this law. Some locations already have in place guidelines that are more restrictive than previous legislation requires, and this new legislation will also permit more restrictive applications than required by law.
In 1988, President Gardner asked each locale to develop policies on smoking that would ensure a safe and healthful environment for all members of the University community. This was communicated to the campuses in a policy issuance on August 1 of that year (see http://www.ucop.edu/ucophome/coordrev/policy/8-01-88.html). Effective January 1, 1994, California law banned smoking inside state-owned, state-occupied and state-leased buildings, including those of the University, and within 5 feet of a main exit or entrance to such a building. Locations were asked to implement the provisions of the legislation within their local jurisdictions.
The new law does not alter most other provisions of the 1994 legislation, which remain in force. Smoking is permitted in covered parking lots and private residential spaces but not permitted in common areas such as lobbies, lounges, waiting areas, or restrooms that are structurally part of a multi-complex building such as a dormitory. Unless otherwise prohibited and posted, smoking is permitted in any outdoor area of a building. Smoking is prohibited in all UC-owned passenger vehicles. In addition, the advertising of tobacco products is prohibited in any UC-owned or UC-occupied building. Current employees should be informed of the requirements in advance of the effective date, and new employees should be informed at the time of initial employment.
Sincerely,
Robert C. Dynes
President
Attachment
cc: Members, President's Cabinet
Special Assistant Gardner
Principal Officers of The Regents
BILL NUMBER: AB 846 CHAPTERED
BILL TEXT
CHAPTER 342
FILED WITH SECRETARY OF STATE SEPTEMBER 8, 2003
APPROVED BY GOVERNOR SEPTEMBER 8, 2003
PASSED THE ASSEMBLY AUGUST 21, 2003
PASSED THE SENATE AUGUST 19, 2003
AMENDED IN SENATE JUNE 26, 2003
AMENDED IN ASSEMBLY MAY 12, 2003
AMENDED IN ASSEMBLY APRIL 28, 2003
INTRODUCED BY Assembly Member Vargas
(Coauthor: Assembly Member Levine)
FEBRUARY 20, 2003
An act to amend Sections 19994.30 and 19994.33 of, to amend the
heading of Chapter 5.6 (commencing with Section 19994.30) of Part 2.6
of Division 5 of, to add Chapter 32 (commencing with Section 7596)
to Division 7 of Title 1 of, and to repeal Sections 19994.31 and
19994.32 of, the Government Code, relating to tobacco.
LEGISLATIVE COUNSEL'S DIGEST
AB 846, Vargas. Smoking: public buildings.
Existing law prohibits any state employee or member of the public
from smoking a tobacco product inside a state-owned or state-occupied
building, or a state-leased and state-occupied building, as defined,
or within 5 feet of the main exit or entrance of these buildings, or
in a passenger vehicle owned by the state.
This bill would instead prohibit smoking inside a public building,
as defined, and within 20 feet of a main exit, entrance, or operable
window of a public building. It would also provide that these
provisions would not preempt the authority of any county, city, city
and county, California Community College campus, campus of the
California State University, or campus of the University of
California to adopt and enforce additional smoking and tobacco
control ordinances, regulations, or policies that are more
restrictive than the standards required by this bill.
This bill would also make other technical, nonsubstantive, and
conforming changes to these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 32 (commencing with Section 7596) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 32. SMOKING IN PUBLIC BUILDINGS
7596. As used in this chapter:
(a) "Public building" means a building owned and occupied, or
leased and occupied, by the state, a county, a city, a city and
county, or a California Community College district.
(1) "Inside a public building" includes all indoor areas of the
building, except for covered parking lots, residential space, and
state prison yard areas. "Inside a public building" also includes
any indoor space leased to the state, county, or city, except for
covered parking lots and residential space.
(2) "Residential space" means a private living area, but it does
not include common areas such as lobbies, lounges, waiting areas,
elevators, stairwells, and restrooms that are a structural part of a
multicomplex building such as a dormitory.
(b) "State" or "state agency" means a state agency, as defined
pursuant to Section 11000, the Legislature, the Supreme Court and the
Courts of Appeal, and each campus of the California State University
and the University of California.
(c) "Public employee" means an employee of a state agency or an
employee of a county or city.
7597. (a) No public employee or member of the public shall smoke
any tobacco product inside a public building, or in an outdoor area
within 20 feet of a main exit, entrance, or operable window of a
public building, or in a passenger vehicle, as defined by Section 465
of the Vehicle Code, owned by the state.
(b) This section shall not preempt the authority of any county,
city, city and county, California Community College campus, campus of
the California State University, or campus of the University of
California to adopt and enforce additional smoking and tobacco
control ordinances, regulations, or policies that are more
restrictive than the applicable standards required by this chapter.
7598. Except as provided in Section 7597, a public employee or
other person may smoke in any outdoor area of a public building
unless otherwise prohibited by state law or local ordinance and a
sign describing the prohibition is posted by the state, county, or
city agency or other appropriate entity.
SEC. 2. The heading of Chapter 5.6 (commencing with Section
19994.30) of Part 2.6 of Division 5 of the Government Code is amended
to read:
CHAPTER 5.6. TOBACCO CONTROL
SEC. 3. Section 19994.30 of the Government Code is amended to
read:
19994.30. As used in this chapter:
(a) "Building" means a building owned and occupied, or leased and
occupied, by the state.
(b) "State" or "state agency" means a state agency, as defined
pursuant to Section 11000, the Legislature, the Supreme Court and the
courts of appeal, and each California Community College campus and
each campus of the California State University and the University of
California.
(c) "State employee" means an employee of a state agency.
SEC. 4. Section 19994.31 of the Government Code is repealed.
SEC. 5. Section 19994.32 of the Government Code is repealed.
SEC. 6. Section 19994.33 of the Government Code is amended to
read:
19994.33. (a) The State Department of Health Services may develop
guidelines for the content and effective presentation of tobacco
smoking control programs designed to assist an individual in either a
self-help or group environment. The guidelines may be distributed
to state agencies. The State Department of Health Services may
provide a copy of the guidelines to any individual or group, upon
request, and may charge a fee that shall not exceed the actual cost
of producing a copy.
(b) State agencies may offer tobacco smoking control programs to
their employees. A state agency may use existing employee training
funds to pay for the presentation of tobacco smoking control programs
offered to state employees at a state-owned or state-leased building
during normal work hours.
(c) Not later than January 31, 1994, and thereafter upon initial
employment, each state agency shall inform its employees about the
smoking prohibition contained in Section 7597, areas where smoking is
permitted, and the availability of tobacco smoking control programs.
(d) Enrollment in a tobacco smoking control program by any state
employee shall be voluntary.