BILL NUMBER: AB 320 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2013
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 12, 2013
An act to amend Sections 104420 and 104466 of , and to add
Article 4 (commencing with Section 104559) to Chapter 1 of Part 3 of
Division 103 of, the Health and Safety Code, relating to
tobacco use programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 320, as amended, Nazarian. Tobacco use programs.
Existing law establishes the Tobacco Education and Research
Oversight Committee to provide advice to the State Department of
Public Health and the State Department of Education with respect to
policy development, integration, and evaluation of tobacco education
programs. Existing law requires the State Department of Education to
allocate funds to county offices of education for tobacco use
prevention, intervention, and cessation activities. If funds
are sufficient to provide all participating county offices of
education a minimum of $37,500, existing law requires the remaining
funds to be allocated according to a specified schedule based on
average daily attendance in the prior year. Existing law
also requires that all school districts and county offices of
education that receive funding, as specified, adopt and enforce a
tobacco-free campus policy, no later than July of each fiscal year,
prohibiting the use of tobacco products, any time, in district-owned
or leased buildings, on district property and in district vehicles.
This bill would require that the remaining funds
described above be allocated according to a specified schedule based
on enrollment, rather than average daily attendance
expand eligibility for funding for the tobacco use prevention program
to include charter schools . The bill would require the State
Department of Education to require that all school districts ,
charter schools, and county offices of education receiving
funding under the program adopt and enforce a tobacco-free
campus policy prohibiting the use of products containing tobacco and
nicotine , as specified, in and on the properties
described above and would, in addition, prohibit the use of
tobacco and nicotine products in a county office of education,
charter school or school district-owned or leased building, on school
or district property, and in school or district vehicles
without regard to whether those entities receive funding. The
bill would also require school districts, charter schools, and county
offices of education to prominently display signs at all entrances
to school property stating "Tobacco use is prohibited." The
bill would make other technical and clarifying changes.
By imposing new duties on school districts and county offices of
education, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 104420 of the Health and Safety Code is amended
to read:
104420. The State Department of Education shall provide the
leadership for the successful implementation of this article in
programs administered by local public and private schools, school
districts, and county offices of education. The State Department of
Education shall do all of the following:
(a) Provide a planning and technical assistance program to carry
out its responsibilities under this article.
(b) Provide guidelines for schools, school districts, and school
district consortia to follow in the preparation of plans for
implementation of antitobacco use programs for schoolage populations.
The guidelines shall:
(1) Require the applicant agency to select one or more model
program designs and shall permit the applicant to
modify the model program designs to take special local needs and
conditions into account.
(2) Require the applicant agency to prepare for each target
population to be served a description of the service to be provided,
an estimate of the number to be served, an estimate of the success
rate , and a method to determine to what extent goals have
been achieved.
(3) Require plan submissions to include a staffing configuration
and a budget setting forth use and distribution of funds in a clear
and detailed manner.
(c) Prepare model program designs and information for schools,
school districts, consortia, and county offices of education to
follow in establishing direct service programs to targeted
populations. Model program designs shall, to the extent feasible, be
based on studies and evaluations that determine which service
delivery systems are effective in reducing tobacco use and are cost
effective. The State Department of Education shall consult with the
department, and school districts with existing antitobacco programs
in the preparation of model program designs and information.
(d) Provide technical assistance for schools, school districts,
and county offices of education regarding the prevention and
cessation of tobacco use. In fulfilling its technical assistance
responsibilities, the State Department of Education may establish a
center for tobacco use prevention that shall identify, maintain, and
develop instructional materials and curricula encouraging the
prevention or cessation of tobacco use. The State Department of
Education shall consult with the department and others with expertise
in antitobacco materials or curricula in the preparation of these
materials and curricula.
(e) Monitor the implementation of programs that it has approved
under this article to ensure successful implementation.
(f) Prepare guidelines within 180 days of the effective date of
this article for a school-based program of outreach, education,
intervention, counseling, peer counseling, and other activities to
reduce and prevent smoking among schoolage youth.
(g) Assist county offices of education to employ a tobacco use
prevention coordinator to assist local schools and local public and
community agencies in preventing tobacco use by pupils.
(h) Train the tobacco use prevention coordinators of county
offices of education so that they are:
(1) Familiar with relevant research regarding the effectiveness of
various kinds of antitobacco use programs.
(2) Familiar with department guidelines and requirements for
submission, review, and approval of school-based plans.
(3) Able to provide effective technical assistance to schools and
school districts.
(i) Establish a tobacco-free school recognition awards program.
(j) As a condition of receiving funds pursuant to this article,
the State Department of Education, county offices of education,
charter schools, and school districts shall ensure that they
coordinate their efforts toward smoking prevention and cessation with
the lead local agency in the community where the local school
district is located.
(k) (1) Develop, in coordination with the county offices of
education, and administer a competitive grant program for
school-based, antitobacco education programs and tobacco use
intervention and cessation activities in order to reduce the number
of pupils who begin to use tobacco, continue to use tobacco, or both.
Grants shall be awarded, after consultation with local lead
agencies, the committee, and representatives of nonprofit
organizations dedicated to the reduction of tobacco-associated
disease, to school districts , charter schools, and county
offices of education for all pupils in grades 6 to 12, inclusive,
that comply with the requirements of paragraphs (2) and, if
applicable, (3).
(2) Every school district , charter school, and county
office of education that receives a grant pursuant to this section
shall provide tobacco-use tobacco use
prevention instruction that addresses all of the following essential
topics:
(A) Immediate and long-term undesirable physiologic, cosmetic, and
social consequences of tobacco use.
(B) Reasons that adolescents say they smoke or use tobacco.
(C) Peer norms and social influences that promote tobacco use.
(D) Refusal skills for resisting social influences that promote
tobacco use.
(3) Every school district , charter school, and county
office of education that receives a grant pursuant to this section
for pupils in grades 7 to 12, inclusive, shall provide
tobacco-use tobacco use intervention and
cessation activities targeted for pupils in high-risk groups.
(4) The State Department of Education shall develop criteria and
standards for the allocation of grant awards that consider the need
to balance rural, suburban, and urban projects. In addition, the
State Department of Education shall give priority to applicants and
programs that do all of the following:
(A) Target current smokers and pupils most at risk for beginning
to use tobacco.
(B) Offer or refer pupils to cessation classes for current
smokers.
(C) Utilize existing antismoking resources, including local
antismoking efforts by local lead agencies and competitive grant
recipients.
(D) Design the project to coordinate with other community
services, including, but not limited to, local health agencies,
voluntary health organizations, and parent organizations.
(E) Design the project to use and develop existing services and
resources.
(F) Demonstrate an understanding of the role that the environment
and community norms play in influencing tobacco use.
(5) Available funds shall determine grant award amounts.
(l) Allocate funds to county offices of education to provide
technical assistance and leadership for tobacco use prevention,
intervention, and cessation programs. The funds shall be allocated to
all participating county offices of education at a minimum amount of
thirty-seven thousand five hundred dollars ($37,500). If funds
appropriated for purposes of allocating at least thirty-seven
thousand five hundred dollars ($37,500) to all participating county
offices of education are insufficient, the Superintendent of Public
Instruction shall prorate available funds among participating county
offices of education ensuring that all participating county offices
of education receive an equal minimum level of funding of
thirty-seven thousand five hundred dollars ($37,500). If funds are
sufficient to provide all participating county offices of education a
minimum of thirty-seven thousand five hundred dollars ($37,500), the
remaining funds shall be allocated according to the following
schedule based on enrollment average daily
attendance in the prior year credited to all elementary, high,
and unified school districts, and to the county superintendent of
schools within the county as certified by the Superintendent of
Public Instruction:
(1) For counties with over 550,000 units of enrollment
average daily attendance , thirty cents ($0.30)
per enrollment average daily attendance
.
(2) For counties with more than 100,000 and less than 550,000
units of enrollment average daily attendance
, sixty-five cents ($0.65) per enrollment
average daily attendance .
(3) For counties with more than 50,000 and less than 100,000 units
of enrollment average daily attendance
, ninety cents ($0.90) per enrollment
average daily attendance .
(4) For counties with more than 37,500 and less than 50,000 units
of enrollment average daily attendance
, one dollar ($1) per enrollment average
daily attendance .
(5) For counties with less than 37,500 units of
enrollment average daily attendance ,
thirty-seven thousand five hundred dollars ($37,500).
(m) Allocate funds appropriated by the act adding this subdivision
for local assistance to school districts and county offices of
education based on enrollment average daily
attendance reported in the second principal apportionment
in the prior fiscal year.
(n) (1) Provide that all school districts , charter schools,
and county offices of education that receive funding under
subdivision (m) make reasonable progress toward providing a
tobacco-free environment in school facilities for pupils and
employees.
(2) Require that all school districts , charter schools,
and county offices of education that receive funding
pursuant to paragraph (1) adopt and enforce a tobacco-free
campus policy . policy no later
than July of each fiscal year. The policy shall prohibit the
use of products containing tobacco and nicotine, including, but not
limited to, smokeless tobacco, snuff, chew, clove cigarettes, and
nicotine delivery devices, such as electronic cigarettes, any time,
in charter school or school district-owned or leased
buildings, on school or district property, and in
school or district vehicles. However, this section does not
prohibit the use or possession of prescription products ,
nicotine patches, or nicotine gum . Information about the
policy and enforcement procedures shall be communicated clearly to
school personnel, parents, pupils, and the larger community. Signs
stating "Tobacco use is prohibited" shall be prominently displayed at
all entrances to school property as provided in
Section 104559 . Information about smoking cessation support
programs shall be made available and encouraged for pupils and staff.
Any school district , charter school, or
county office of education that does not have a tobacco-free district
policy implemented by July 1, shall not be eligible to apply for
funds from the Cigarette and Tobacco Products Surtax Fund for that
fiscal year.
SEC. 2. Section 104466 of the Health and Safety Code is amended to
read:
104466. Notwithstanding subdivision (a) of Section 2.00 of the
Budget Act of 2002 and any other provision of law, commencing with
the appropriation for the 2002-03 fiscal year, and for each fiscal
year thereafter, any amount appropriated to the department or the
State Department of Education to implement the following tobacco use
prevention programs shall be available for encumbrance and
expenditure for three fiscal years beyond the date of the
appropriation:
(a) The program to evaluate tobacco control programs provided for
in subdivisions (b) and (c) of Section 104375.
(b) The tobacco use prevention media campaign provided for in
subdivision (e) of Section 104375.
(c) The competitive grant program provided for in Section 104385.
(d) The local lead agency tobacco use prevention programs
provided for in Section 104400.
(e) The tobacco use prevention program directed at schools
provided for in Sections 104420, 104430, and 104435.
SEC. 3. Article 4 (commencing with Section 104559) is
added to Chapter 1 of Part 3 of Division 103 of the Health and Safety
Code, to read:
Article 4. Tobacco Use Prohibition
104559. (a) The use of tobacco and nicotine products is
prohibited at any time in a county office of education, charter
school or school district-owned or leased buildings, on school or
district property, and in school or district vehicles. This includes,
but is not limited to, smokeless tobacco, snuff, chew, clove
cigarettes, and other nicotine-delivery devices, such as electronic
cigarettes.
(b) School districts, charter schools, and county offices of
education shall prominently display signs at all entrances to school
property stating "Tobacco use is prohibited."
SEC. 3. SEC. 4. If the Commission on
State Mandates determines that this act contains 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.