BILL ANALYSIS Ó
AB 320
Page 1
Date of Hearing: April 17, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 320 (Nazarian) - As Amended: April 2, 2013
Policy Committee: Education
Vote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill prohibits the use of tobacco and nicotine products at
any time in a county office of education (COE), charter school,
or school district-owned or leased buildings, on school or
district property, and in school or district vehicles. The
measure also clarifies that charter schools are eligible
participants in the Tobacco Use Prevention and Education (TUPE)
program. Specifically, this bill:
1)Specifies the tobacco prohibition includes, but is not limited
to, smokeless tobacco, snuff, chew, clove cigarettes, and
other nicotine-delivery devices, such as electronic
cigarettes.
2)Requires school districts, charter schools, and COEs, to
prominently display signs at all entrances to school property
stating "Tobacco use is prohibited."
3)Clarifies, under the TUPE program, the prohibition for tobacco
and nicotine products does not include the use or possession
of prescription products, nicotine patches, or nicotine gum.
FISCAL EFFECT
GF/98 state reimbursable mandated costs, of at least $155,000,
to require school districts and COEs to display tobacco
prohibition signs, as specified. Charter schools would incur
approximately $10,000 to comply with this measure. Charter
schools are not eligible to file a state mandate claim and
therefore, there costs are not reimbursable.
AB 320
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COMMENTS
1)Purpose . The TUPE program, funded from Proposition 99 -
cigarette tax revenue, provides funding for programs at school
districts, COEs, and charter schools in grades 6-12 through a
competitive application process for tobacco-specific student
instruction, reinforcement activities, special events, and
intervention and cessation programs for students. Districts
and COEs are required to certify they have implemented a
tobacco-free governing board policy.
According to the State Department of Education (SDE), sponsor
of this bill, "The purpose of the TUPE program is to reduce
youth tobacco use by helping young people make healthful
tobacco-related decisions through tobacco-specific,
research-validated educational instruction and activities that
build knowledge as well as social skills and youth development
assets."
Under health and safety statute charter schools are eligible
to receive Proposition 99 funds. As a result, SDE has allowed
charter schools to participate in the TUPE program. This bill
clarifies education statute to ensure charter schools are
eligible participants in this program. It also requires all
school districts, COEs, and charter schools, regardless if
they receive TUPE funding, to prohibit the use of tobacco and
nicotine products on its property, as specified. According to
the author, "[This bill] is a step in the right direction to
reduce and protect our school personnel and students from
second-hand smoke exposure. All students and school personnel
deserve a smoke-free environment to learn and work in."
2)Funding under the TUPE program . Proposition 99, passed by the
voters in November 1988, increased the tax on a pack of
cigarettes sold in the state by $0.25. Revenue generated from
this tax is required to be distributed as follows: 20% is
deposited in the Health Education Account (HEA); 35% in the
Hospital Services Account; 10% in the Physician Services
Account; 5% in the Research Account; 5% in the Public
Resources Account; and 25% an unallocated account. The 2012
Budget Act allocated $271 million in Proposition 99 revenue.
Of this amount, approximately $80 million is allocated under
the HEA. The TUPE program is funded from the HEA.
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School districts and COEs receive funding on a competitive
basis for pupils in grades 6-12 to provide tobacco prevention
programs. Specifically, statute requires districts and COEs
to adopt and enforce a tobacco-free campus policy no later
than July of each fiscal year as a condition of receiving
funding. Funding is distributed to school districts and COEs
per unit of average daily attendance (ADA) in grades 6-12
(i.e., the number of children who attend school) and grant
awards are available for a three year period.
The 2012 Budget Act allocated approximately $17 million to the
SDE for the TUPE program. Of this amount, $16.2 million was
allocated for distribution to 529 school districts, COEs, and
charter schools. This funding amount is expected to remain
the same in the 2013-14 fiscal year.
Grantees are funded in tiers. For example, Tier One grantees
receive $1,500 and $0.87 per ADA over a three year period to
enforce the tobacco-free policy, including placement of signs.
Tier Two grantees receive an average of $15.25 per ADA to
enforce the tobacco-free policy and administer the California
Healthy Kids Survey, which asks pupils about school
environment issues, including safety. According to SDE,
approximately one million pupils in grades 6-12 are served
under the TUPE program.
3)K-12 Mandate Block Grant . The 2012 Budget Act allocated
$166.6 million for this block grant. Essentially, a school
district, charter school, or county office of education may
choose to receive a per-pupil allocation to conduct existing
K-12 mandated activities. If the district, charter school, or
COE chooses to receive this allocation it forfeits its ability
to claim mandate reimbursement via the existing state process.
School districts received approximately $28 per pupil;
charter schools approximately $14 per pupil; and COEs
approximately $29 per pupil. The advantage of this block
grant is school districts will receive annual funding now
versus waiting to receive payment under the existing claims
process, which the state has deferred paying for a number of
years.
According to the Legislative Analyst Office (LAO), 634 school
districts (approximately 67% of all districts), 35 COEs
(approximately 60% of all COEs), and 877 charter schools
(approximately 93% of charter schools) participated in the
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block grant. Presumably if the requirements of this measure
are determined to be a state mandated program, its
requirements would be added to the block grant.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081