BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | ABX2 9|
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THIRD READING
Bill No: ABX2 9
Author: Thurmond (D) and Nazarian (D), et al.
Amended: 3/3/16 in Assembly
Vote: 21
SENATE PUBLIC HEALTH & DEV. SERVICES COMMITTEE: 9-3, 3/7/16
AYES: Hernandez, Beall, Hall, Leno, McGuire, Mitchell,
Monning, Pan, Wolk
NOES: Anderson, Moorlach, Nielsen
NO VOTE RECORDED: Morrell
SENATE APPROPRIATIONS COMMITTEE: 5-1, 3/8/16
AYES: Lara, Beall, De León, Hill, Mendoza
NOES: Nielsen
NO VOTE RECORDED: Bates
ASSEMBLY FLOOR: 59-6, 3/3/16 - See last page for vote
SUBJECT: Tobacco use programs
SOURCE: Author
DIGEST: This bill extends current tobacco use prevention
funding eligibility and requirements for county offices of
education and school districts to include charter schools.
Broadens the definition of products containing tobacco and
nicotine, as specified, and prohibits their use in specified
areas of schools and school districts, regardless of funding.
Requires specified signs to be prominently displayed at all
entrances to school property.
ANALYSIS:
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Existing law:
1)Establishes the Tobacco Education and Research Oversight
Committee to provide advice to the Departments of Education
(CDE) and Public Health (DPH) regarding policy development,
integration, and evaluation of tobacco education programs.
2)Requires CDE to allocate funds to county offices of education
(COEs) for tobacco use prevention, intervention, and cessation
activities.
3)Requires all school districts and COEs that receive Tobacco
Use Prevention and Education (TUPE) program funding to adopt
and enforce tobacco-free policies, no later than July 1 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; prominently display signs
stating "Tobacco use is prohibited" at all entrances to school
property; and provide information about smoking cessation
support programs to students and staff.
This bill:
1)Expands eligibility for TUPE funding to include charter
schools.
2)Extends to charter schools, as a condition of receiving TUPE
funding, all current requirements, including adopting and
enforcing a tobacco-free campus policy prohibiting the use of
products containing tobacco and nicotine, as defined;
prominently displaying "Tobacco use is prohibited" signs at
all entrances to school property; and providing information
about smoking cessation support programs to students and
staff.
3)Broadens the definition of products containing tobacco and
nicotine to include, but not limited to, smokeless tobacco,
snuff, chew, clove cigarettes, and electronic cigarettes
(e-cigs) that can deliver nicotine and nonnicotine vaporized
solutions, at any time, in charter school or school
district-owned or leased buildings, on school or district
ABX2 9
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property, and in school or district vehicles.
4)Exempts the use and possession of prescription products,
nicotine patches, or nicotine gum.
5)Prohibits the use of tobacco and nicotine products, regardless
of funding, at any time in COE, charter school, or school
district-owned or leased buildings, on school or district
property, and in school or district vehicles.
6)Requires school districts, charter schools, and COEs to
prominently display signs at all entrances to school property
stating "Tobacco use is prohibited."
Comments
1)Author's statement. According to the author, many Local
Education Agencies (LEAs) receive grants and are required to
be tobacco-free. However, not all LEAs are tobacco-free.
Research shows that schools that consistently enforce
tobacco-free policies have shown decreased rates of smoking
among their students. By requiring all LEAs to become 100%
tobacco-free, and by including smokeless tobacco and
e-cigarettes to the law, ABX2 9 will help ensure that schools
protect the health of students and personnel while reducing
tobacco use among our youth.
2)Background. Proposition 99, approved by the California voters
in the November 1988 general election, increased the tax on
each pack of cigarettes sold in the state by 25 cents. The
annual Budget Act appropriates funds from the Tobacco Surtax
Fund for several purposes, including the TUPE program in
schools. According to CDE, the TUPE program provides funding
for programs in grades six through 12 through a competitive
application process for tobacco-specific student instruction,
reinforcement activities, special events, and intervention and
cessation programs for students. All LEAs (currently school
districts and COEs) that are certified as having a fully
implemented tobacco-free school district board policy are
eligible to apply for funding. Programs are locally developed,
but they are expected to align with the federal Principles of
Effectiveness, the recommended California guidelines for
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tobacco prevention in Getting Results and the Health Framework
for California Public Schools. Each COE is eligible to receive
funding through the County Technical Assistance and Leadership
Funds application to assist school districts within their
county in program development, to provide staff development
for school and district personnel, and to provide technical
assistance as needed. CDE states that 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.
According to CDE's Web page, a tobacco-free school prohibits
all tobacco use anytime, anywhere, and by anyone on all school
property, and at all school-sponsored events. School property
includes buildings, grounds, and vehicles owned or leased by
the school. School-sponsored events include sporting events,
school dances, and other events held on and off school
property. The goal of CDE's tobacco-free school district
certification process is to protect children's health by
encouraging all school districts and COEs to adopt a model
100% tobacco-free policy. CDE staff works closely with DPH's
California Tobacco Control Program to promote smoke-free
environments and tobacco-free lifestyles throughout the state,
particularly among youth.
3)Smoking prevalence. According to the 2012 Surgeon General's
Report, nearly 90% of smokers in the U.S. started smoking by
the age of 18, and 99% started by age 26. In California, 64%
of smokers start by the age of 18, and 96% start by age 26.
According to DPH, in 2010, 36.8% of high school students had
smoked a whole cigarette by age 13 or 14, and in 2012, illegal
tobacco sales to minors rose to 8.7% from 5.6% in 2011.
According to DPH, in 2010, 11.9% of the state's adults smoked,
down from 13.1% in 2009, making California one of only two
states to reach the federal Healthy People 2020 target of
reducing the adult smoking prevalence rate to 12%. However,
research highlights that the burdens of smoking do not fall
evenly across the state. According to the American Lung
Association (ALA), African-American men and women have the
highest smoking usage rate at 21.3% and 17.1% respectively,
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followed by white men at 17.2% and Latino men at 16%. The ALA
reports that Korean men have an unusually high tobacco usage
rate at 27.9%, as do Lesbian, Gay, Bisexual, and Transgender
women who smoke at almost triple the rate of women in general.
4)Tobacco-related diseases. Every year, an estimated 443,000
people in the U.S. die from tobacco and smoking-related
illnesses or exposure to secondhand smoke, according to the
federal Centers for Disease Control and Prevention (CDC). The
CDC also reports that another 8.6 million people suffer from
serious smoking-related illnesses. According to DPH, smoking
causes ischemic heart disease, cancer, stroke, and chronic
lower respiratory diseases, which are the leading causes of
death and disability among adults in California.
Smoking-attributed diseases are an economic burden due not
only to health care expenses but also productivity losses
related to disability or early death. DPH asserts that since
the passage of Proposition 99 adult smoking rates declined by
more than 40%, from 22.7% to 13.3% in 2008. As smoking rates
declined, mortality and morbidity rates for diseases related
to smoking also declined. This parallel trend, according to
DPH, supports causal association between these conditions and
smoking.
5)E-cigs. According to a 2014 report by the World Health
Organization (WHO), e-cigs are battery heated devices that
deliver nicotine by heating solution that users inhale. E-cig
cartridges (e-liquids) contain liquid nicotine, and chemicals
introduced into a liquid vehicle produce aromas and various
flavors such as tobacco, chocolate mint, cotton candy, gummy
bear, and grape. The concentration of nicotine varies both
across different manufacturers and sometimes within the same
brand. The report states that although some e-cigs are shaped
to look like conventional cigarettes, they also take the form
of everyday items like pens and USB flash drives.
6)Health risks and increase in use of e-cigs. DPH's State Health
Officer released a report in January 2015, "A Community Health
Threat," about e-cigs that cites, among other things, the
concern about the health risks of e-cigs and the growing
number of e-cig users. E-cig poisonings increased from seven
in 2012 to 154 in 2014. By the end of 2014, e-cig poisonings
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to young children tripled in one year, making up more than 60%
of all e-cig poisoning calls, according to the report. The
State Health Officer also noted that in California, use of
e-cigs among those between the ages of 18 and 29 tripled in
one year, from 2.3% to 7.6%. Nearly 20% of these young adult
e-cig users had never smoked traditional cigarettes. The State
Health Officer concludes that there is a high need to educate
the public about e-cig safety concerns and that existing laws
currently in place to protect minors and the general public
from traditional tobacco products should be extended to cover
e-cigs.
7)Marketing of e-cigs as cessation devices. The DPH report also
cites the unrestricted marketing tactics for e-cigs. E-cig
marketing continues to claim they are a safer alternative to
traditional cigarettes. To date, the effectiveness of e-cigs
as cessation aids has not been proven by e-cig companies or
approved by the FDA as such. The report states that a number
of studies actually show that e-cig users are no more likely
to quit than smokers of traditional cigarettes, and in one
study, 89% of e-cig users were still using them one year
later. Dual use of e-cigs and traditional cigarettes continues
to rise, which, according to the report, may be attributed to
the unrestricted marketing of e-cigs. E-cig companies are
using tactics previously used by tobacco companies that have
since been banned. These include running unrestricted ads and
promotions on TV, radio, and social media, and in magazines,
newspapers, and retail stores, as well as sponsoring sport and
music events and giving out free samples, according to the
report.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Potential state reimbursable mandate costs up to $120,000 due
to the requirement that schools post signs notifying the
public that tobacco use is prohibited (General Fund). Under
current law, school districts that apply for certain grant
funds must adopt anti-tobacco use policies, including a
requirement to post signs at school sites. About 80% of school
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districts have adopted such policies in order to qualify for
grant funds. This bill prohibits tobacco use at all school
sites and requires all schools to post signs. By requiring all
schools to comply with this requirement, this bill imposes a
state mandate. Whether the state would be obligated to
reimburse school districts for this cost will depend on
whether the Commission on State Mandates determines that this
requirement imposes an additional duty on school districts.
Unknown cost pressure on existing grant funds (Proposition 99
funds). This bill specifically authorizes charter schools to
access an existing grant program. There are indications that
charter school participation in the current grant program is
low. To the extent that this bill results in additional
charter schools applying for grant funds, that would put cost
pressure on the existing grant program.
SUPPORT: (Verified 3/8/16)
American Heart Association/American Stroke Association
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 Pan-Ethnic Health Network
California Primary Care Association
California Society of Addiction Medicine
First 5 Association of California
Medical Oncology Association of Southern California
Planned Parenthood Affiliates of California
OPPOSITION: (Verified 3/8/16)
None received
ARGUMENTS IN SUPPORT: Supporters of this bill argue that, under
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current law, only school districts that receive TUPE funding are
required to implement 100% tobacco-free policies, which
currently equates to only 46% of school districts, leaving more
school districts with no obligation to ban tobacco and other
nicotine and non-nicotine products on their campuses. Supporters
argue that smoking increases the risk of heart disease and
stroke by two to four times, and is linked to vision loss and
reduced school attendance, physical fitness, and learning
abilities for youth. Supporters state that schools that
consistently enforce tobacco-free policies have shown decreased
rates of smoking among their students.
ASSEMBLY FLOOR: 59-6, 3/3/16
AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla,
Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu,
Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Hadley, Roger Hernández, Irwin, Jones-Sawyer,
Kim, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin,
Nazarian, Obernolte, O'Donnell, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,
Ting, Weber, Williams, Wood, Atkins
NOES: Brough, Beth Gaines, Harper, Jones, Lackey, Wagner
NO VOTE RECORDED: Bigelow, Chávez, Frazier, Gallagher, Grove,
Holden, Linder, Mathis, Mayes, Melendez, Olsen, Patterson,
Waldron, Wilk
Prepared by:Reyes Diaz / P.H. & D.S. /
3/9/16 14:52:20
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