BILL ANALYSIS Ó
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Date of Hearing: August 25, 2015
ASSEMBLY COMMITTEE ON PUBLIC HEALTH AND DEVELOPMENTAL SERVICES
Rob Bonta, Chair
ABX2 9
(Thurmond) - As Introduced July 16, 2015
SUBJECT: Tobacco use programs.
SUMMARY: Clarifies charter school eligibility for tobacco use
prevention program (TUPE) funds; requires the California State
Department of Education (CDE) to require all school districts,
charter schools, and county offices of education receiving TUPE
funds to adopt and enforce a tobacco-free campus policy;
prohibits the use of tobacco and nicotine products in any county
office of education, charter school, or school district-owned or
leased building, on school or district property, and in school
or district vehicles; and, requires all schools, districts, and
offices of education to post a sign reading "Tobacco use is
prohibited" at all entrances.
EXISTING LAW:
1)Levies a $0.25 tax on each pack of cigarettes sold in the
state through Proposition 99 approved by the California voters
in the November 1988 General Election.
2)Establishes the Tobacco Education and Research Oversight
Committee (TEROC) charged with overseeing the use of
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Proposition 99 tobacco tax revenues for tobacco control and
prevention education and for tobacco-related research. TEROC
provides advice to the State Department of Health Care
Services and CDE with respect to policy development,
integration, and evaluation of tobacco education programs.
3)Specifies the duties of CDE with respect to tobacco programs
administered by local public and private schools, school
districts, and county offices of education and requires CDE to
award and administer grants for projects directed at the
prevention of tobacco use among school age children.
4)Requires all school districts and county offices of education
that receive grant funds to provide tobacco-use prevention
instruction that addresses all of the following 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; and,
d) Refusal skills for resisting social influences that
promote tobacco use.
5)Requires all school districts and county offices of education
that receive funds to adopt and enforce a tobacco-free campus
policy which prohibits the use of tobacco products at any
time, in district-owned or leased buildings, on district
property and in district vehicles.
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6)Specifies that any school district or county office of
education that does not have a tobacco-free district policy is
not eligible to apply for funds.
7)Permits a charter school that elects to receive its funding
directly to apply individually for federal and state
categorical programs to the extent it is eligible for funding
and meets the provisions of the program.
8)Permits a charter school that does not elect to receive its
funding directly, to, in cooperation with its chartering
authority, apply for federal and state categorical programs to
the extent it is eligible for funding and meets the provisions
of the program.
FISCAL EFFECT: This bill has not yet been analyzed by a fiscal
committee.
COMMENTS:
1)PURPOSE OF THIS BILL. According to the author, by mandating
tobacco-free campuses and by updating tobacco definitions to
include smokeless tobacco and e-cigarettes, this bill will
create schools that protect students from tobacco and provide
school personnel a smoke-free environment. The author states
that only 607 local educational agencies (LEAs) receive TUPE
funds, leaving 1,207 LEAs with no obligation to ban tobacco on
their campuses. The author points to information from TEROC
which shows the number of school districts with a tobacco-free
certification has decreased, and also notes that funding for
TUPE has decreased over time, rendering a further disincentive
to schools to create tobacco-free policies. The author
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concludes this bill will help reduce tobacco use among our
youth by ensuring adult role models do not use tobacco,
limiting youth access to tobacco, and discouraging groups from
using tobacco on school grounds.
2)BACKGROUND.
a) Proposition 99. In November 1988, California voters
approved the California Tobacco Health Protection Act of
1988, also known as Proposition 99. This initiative
increased the state cigarette tax by $0.25 per pack and
added an equivalent amount on other tobacco products. The
new revenues were earmarked for programs to reduce smoking,
to provide health care services to indigents, to support
tobacco-related research, and to fund resource programs for
the environment. The money is deposited by using the
following formula: 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% in the Unallocated Account (funds in this account are
available for appropriation by the Legislature).
b) Tobacco prevention in schools. The HEA funds both
community and school-based health education programs to
prevent and reduce tobacco use and is jointly administered
by the California Tobacco Control Program (CTCP) and CDE.
Currently, CTCP receives approximately two-thirds of the
funding and CDE receives approximately one-third of the
funding available in the HEA. CDE administers school-based
funding to grades 4 to 8 based on an allocation method and
to high schools through competitive grants that go directly
to school districts and charter schools. LEAs, including
school districts, county offices of education, and
directly-funded charter schools apply directly for TUPE
grant funding. Locally-funded charter schools must apply
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for TUPE funding through its chartering authority.
These competitive grants are funded in two tiers. The first
tier of funding is $1,500 per year for three years and goes
to school districts and charter schools that establish a
tobacco-free school policy, complete the healthy kids
survey, and post tobacco free signs on the school property.
The second tier of funding is for school districts and
charter schools that comply with the requirements under
tier one, in addition to implementing a more comprehensive
tobacco-free school policy including cessation programs and
school curriculum. CDE uses Proposition 99 funds to
administer TUPE which provides grants to local education
agencies as an incentive to implement and enforce
tobacco-free campus policies.
c) Smoking and youth. California monitors smoking rates
among high school students using the California Student
Tobacco Survey (CSTS). The 2012 survey showed the
percentage of California high school students who reported
smoking a cigarette within the previous 30 days was 10.5%,
or 297,000 students. Smoking among high school students in
California is declining consistently and is lower than for
the rest of the United States. Student smoking rates
declined 51% from 2000 to 2012; however, there are
substantial differences in student smoking prevalence when
examined by race or ethnicity. While rates declined for
non-Hispanic whites, Hispanics, and Asian/Pacific
Islanders, the rate for African-Americans increased by
15.9% over this same time period.
d) Health effects of smoking. Smoking is a major cause of
many deadly health problems heart disease, aneurysms,
bronchitis, emphysema, and stroke. Using tobacco can
damage a womans reproductive health and hurt babies.
Tobacco use is linked with reduced fertility and a higher
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risk of miscarriage, early delivery (e)premature birth),
and stillbirth. It's also a cause of low birth-weight in
infants and has been linked to a higher risk of birth
defects and sudden infant death syndrome.
Smoking causes 80% of all deaths from chronic obstructive
pulmonary disease, and causes stroke and coronary heart
disease, the leading causes of death in the United States.
Smokers are 30 to 40% more likely to develop type 2 diabetes
than nonsmokers, and people with diabetes who smoke are
more likely than nonsmokers to have trouble with insulin
dosing and with controlling their disease.
Smoking causes more than 480,000 deaths each year in the
U.S., or about one in five. The average annual
smoking-attributable mortality rate in California for the
years 2000-04 was 235 per 100,000. The range across states
is 138.3 per 100,000 to 370.6 per 100,000. California
ranks 6th lowest per capita among all 50 states in deaths
attributed to smoking. If nobody smoked it would prevent
one of every three cancer deaths in the United States from
happening.
3)SUPPORT. The California Medical Association, the Service
Employees International Union, the Association of Northern
California Oncologists, the Medical Oncology Association of
Southern California, the American Lung Association, and others
state in support of the bill that it protects students, staff
and visitors from the harmful effects of tobacco by requiring
that all LEAs adopt and enforce tobacco-free policies on their
campuses. Supporters further state that only school districts
that receive TUPE funding are required to implement 100%
tobacco free policies and that requiring all LEAs to adopt
100% tobacco-free campus policies and by expanding the
definition of tobacco products ton include electronic
cigarettes, snuff, chew, and other nicotine delivery services,
student health will be improved.
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The First 5 Association of California, the American Heart
Association, and the California Dental Association all state
in support of this bill, that schools that consistently
enforce tobacco-free policies have shown decreased rates of
smoking among their students. Supporters argue that evidence
shows that comprehensive school-based programs that include
tobacco free policies, combined with community and mass-media
efforts, can effectively prevent or postpone the onset of
smoking by 20 to 40% among U.S. teens.
4)RELATED LEGISLATION.
a) SBX2 8 (Liu) is substantially similar to this bill.
SBX2 8 was heard in the Senate Committee on Public Health
and Developmental Disabilities on August 19, 2015 and
passed out with a vote of 9 to 3. SBX2 8 is currently
pending in the Senate Appropriations Committee.
b) SBX2 5 (Leno) and ABX2 6 (Cooper) define the term
smoking for purposes of the Stop Tobacco Access to Kids
Enforcement (STAKE) Act; expand the definition of a tobacco
product to include e-cigarettes and extends current
restrictions and prohibitions against the use of tobacco
products to e-cigarettes. Extend current licensing
requirements for manufacturers, importers, distributors,
wholesalers, and retailers of tobacco products to
e-cigarettes. SBX2 5 was heard in the Senate Committee on
Public Health and Developmental Disabilities on August 19,
2015 and passed out on a vote of 9 to 3. SBX2 5 is
currently pending in the Senate Committee on
Appropriations. ABX2 6 is set to be heard on August 25th
in this Committee.
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c) SBX2 6 (Monning) and ABX2 7 (Stone) prohibit smoking in
owner-operated businesses and remove specified exemptions
in existing law that allow tobacco smoking in certain
workplaces. SBX2 6 was heard on August 19, 2015 in the
Senate Committee on Public Health and Developmental
Disabilities and passed on a 9 to 2 vote. SBX2 6 is
currently pending in the Senate Appropriations Committee.
ABX2 7 is set for hearing on August 25th in this Committee.
d) SBX2 7 (Ed Hernandez) and ABX2 8 (Wood) increase the
minimum legal age to purchase or consume tobacco from 18 to
21. SBX2 7 was heard on August 19, 2015 in the Senate
Committee on Public Health and Developmental Disabilities
and passed on a 9 to 3 vote. SBX2 7 is currently pending
in the Senate Appropriations Committee. ABX2 8 is set for
hearing on August 25th in this Committee.
e) SBX2 9 (McGuire) and ABX2 10 (Bloom) allow counties to
impose a tax on the privilege of distributing cigarettes
and tobacco products. SBX2 9 was heard on August 19, 2015
in the Senate Committee on Public Health and Developmental
Disabilities and passed with a vote of 9 to 2 and is
currently pending in the Senate Appropriations Committee.
ABX2 10 is set for hearing on August 25th in this
Committee.
f) SBX2 10 (Beall) and ABX2 11 (Nazarian) revise the
Cigarette and Tobacco Products Licensing Act of 2003 to
change the retailer license fee from a $100 one-time fee to
a $265 annual fee, and increase the distributor and
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wholesaler license fee from $1,000 to $1,200. SBX2 10 was
heard on August 19, 2015 in the Senate Committee on Public
Health and Developmental Disabilities and passed with a
vote of 9 to 3 and is currently pending in the Senate
Appropriations Committee. ABX2 11 is set for hearing on
August 25th in this Committee.
g) AB 216 (Garcia) prohibits the sale or furnishing of any
vapor products, as specified, to a person under 18 years of
age, or under 21 years of age, as specified; exempts drugs
or medical devices, as specified; and, makes the violation
of the provisions in AB 216 an infraction punishable by
specified fines. AB 216 is currently pending a vote on the
Senate Floor.
5)PREVIOUS LEGISLATION.
a) AB 320 (Nazarian) of 2013 would have required all school
districts and county offices of education to adopt and
enforce a tobacco-free campus policy; and, changed the
allocation of funds under the TUPE program from average
daily attendance to enrollment based funding. AB 320 was
held in the Assembly Appropriations Committee.
b) AB 647 (Salas), Chapter 135, Statutes of 2007, replaces
two grant programs and one entitlement formula used for the
distribution of tobacco tax revenues for tobacco education
programs, with one competitive grant process.
9)TECHNICAL AMENDMENTS. In order to clarify that the provisions
of this bill apply to e-cigarette devices whether they contain
nicotine or not, the author may wish to consider the
following technical amendments:
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In SEC. 1, Section 104420(n)(2) of the Health and Safety Code
is amended to read:
All Require that all school districts , charter schools , and
county offices of education that receive funding pursuant to
paragraph (1) shall adopt and enforce a tobacco-free campus
policy no later than July of each fiscal year. The policy
shall prohibit the use of products containing tobacco
products, and nicotine, including, but not limited to,
smokeless tobacco, snuff, chew, clove cigarettes, and nicotine
delivery devices, such as electronic cigarettes , which can
deliver nicotine and nonnicotine vaporized solutions, at any
time, in charter school or school district-owned or leased
buildings, on school or district property 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.
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, July 1
shall not be eligible to apply for funds from the Cigarette
and Tobacco Products Surtax Fund for that fiscal year.
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REGISTERED SUPPORT / OPPOSITION:
Support
American Heart Association/American Stroke Association
American Cancer Society Cancer Action Network
American Lung Association in California
Association of Northern California Oncologists
California Black Health Network
California Chronic Care Coalition
California Dental Association
California Medical Association
California Optometric Association
California Pan-Ethnic Health Network
California Primary Care Association
California Society of Addiction Medicine
Community Action Fund of Planned Parenthood of Orange and San
Bernardino Counties
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First 5 Association of California
Health Access California
Medical Oncology Association of Southern California, Inc.
Planned Parenthood Action Fund of the Pacific Southwest
Planned Parenthood Advocacy Project Los Angeles
Planned Parenthood Affiliates of California
Planned Parenthood Mar Monte
Planned Parenthood Northern California Action Fund
Service Employees International Union
Opposition
None on file.
Analysis Prepared by:Lara Flynn / HEALTH / (916) 319-2097