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Legislative Mandate for Tobacco Control - Proposition 99

In November 1988, California voters approved the California Tobacco Health Protection Act of 1988Opens in new browser window., also known as Prop 99. This initiative increased the state cigarette tax by 25 cents 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 percent is deposited in the Health Education Account (HEA); 35 percent in the Hospital Services Account; 10 percent in the Physician Services Account; 5 percent in the Research Account; 5 percent in the Public Resources Account; and 25 percent in the Unallocated Account (Revenue and Taxation Code 30124).

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 the California Department of Education (CDE). Currently, CTCP receives approximately two-thirds of the funding and CDE receives approximately one-third of the funding available in the HEA. CTCP is responsible for supporting a statewide tobacco control program, one of the largest public health interventions of its kind ever initiated, nationally or internationally. CTCP provides funding for 61 Local Lead Agencies (LLA), competitively selected community-based organizations, a statewide media campaign, and an extensive evaluation of the entire program. CDE administers school-based funding to grades 4-8 based on an allocation method and to high schools through a competitive grant program.

The enabling legislation for Prop 99 includes Assembly Bill (AB) 75 (Chapter 1331, Statutes of 1989), AB 99 (Chapter 278, Statutes of 1991), AB 816 (Chapter 195, Statutes of 1994), AB 3487 (Chapter 199, Statutes of 1996), Senate Bill (SB) 99 (Chapter 1170, Statutes of 1991), SB 960 (Chapter 1328, Statutes of 1989), SB 493 (Chapter 194, Statutes of 1995); the annual State Budget; H&S Code, Sections 104350-104480, 104500-104545; and the Revenue and Taxation Code, Sections 30121-30130. The enabling legislation, the various codes, and the annual State Budget, provide legislative and funding authority for programs administered by CTCP to:

  • Conduct health education interventions and behavior change programs at the state level, in the community and in other non-school settings.
  • Apply the most current research and findings.
  • Give priority to programs that demonstrate an understanding of the role community norm change has in influencing behavioral change regarding tobacco use.

 

Legislation Relating to the California Tobacco Control Program 

 

 Senate Bill No. 376
Restricts tobacco advertising billboards within 500 feet of any school and restricts tobacco vending machines, tobacco sampling and promotion, tobacco sales to minors, smoking in public places and smoking in the workplace

Author: Frank Hill
Enacted: 1991
Topic: Advertising
Affects multiple parts of California Code

 

Senate Bill No. 99, Chapter 1170Opens a new browser window.
Includes guidelines for local lead agencies, as well as extending local tobacco education programs to July 1, 1994 and developing a TCS program for the provision of tobacco education to pregnant and postpartum women and other target groups

Author: Diane E. Watson
Enacted: Filed with Secretary of State on October 14, 1991
Topic: Enabling Legislation
Noted as urgent to take effect immediately
Affects multiple parts of California Code

 

Assembly Bill No. 99, Chapter 278 Opens in new browser window.
Extends the contracts created in AB 75 through July 1994 and specifies that the funds allocated for tobacco use and prevention programs be allocated prospectively, to the counties, on a quarterly basis

Author: Phillip Isenberg
Enacted: Filed with Secretary of State on July 30, 1991
Topic: Enablign Legislation
Noted as urgent to take effect immediately
Affects multiple parts of California Code

 

Assembly Bill No. 75, Chapter 1331 Opens in new browser window.
Enabling Prop 99 legislation

Author: Phillip Isenberg
Enacted: Filed with Secretary of State on October 2, 1989
Topic: Enabling Legislation
Noted as urgent to take effect immediately
Affects multiple parts of California Code

 

Assembly Bill No. 1830, Chapter 685 Opens in new browser window.
Prohibits the distribution or sale of tobacco products directly or indirectly to any person under the age of
18 years through the United States Postal Service or through any other public or private postal or package delivery
service at locations, including, but not limited to, public mailboxes and mailbox stores, unless the distributor or seller
meets the following provisions

Author: Dario Frommer
Enacted: Filed with Secretary of State on September 18, 2002
Topic: Internet Sales and Taxation
Affects Section 22963 of the Business and Professions Code.

 

Senate Bill No. 1766, Chapter 686 Opens in new browser window.
Provides intent language that the Legislature facilitates the collection of all applicable state surtaxes and
sales or use taxes on cigarettes sold to residents of California over the Internet or by mail order

Author: Deborah V. Ortiz
Enacted: Filed with Secretary of State on September 18, 2002
Topic: Internet Sales and Taxation
Affects multiple parts of California Code

 

Assembly Bill No. 846, Chapter 342 Opens in new browser window. 
This law prohibits smoking within 20 feet of main entrances, exits, and operable windows of any building owned,
leased and occupied by the state, county or city and buildings of the University of California (UC), California State University (CSU),
and California community colleges

Author: Juan Vargas
Enacted: Filed with Secretary of State on September 8, 2003
Topic: Secondhand Smoke 
Affects multiple parts of California Code

 

Assembly Bill No. 188 Chapter 150 Opens in new browser window.
Smoking ban within a playground or tot lot sandbox area

Author: Juan Vargas
Enacted: Filed with Secretary of State on August 6, 2001
Topic: Secondhand Smoke
Affects Section 104495 of the Health and Safety Code

 

Assembly Bill No. 3037, Chapter 989 Opens in new browser window.
Smoke-free workplaces, bars, and restaurants

Author: Sal Cannella
Enacted: Filed with Secretary of State on September 27, 1996
Topic: Secondhand Smoke
Affects Section 6404.5 of the Labor Code

 

Assembly Bill No. 13 Chapter 310 Opens in new browser window
Prohibits smoking in enclosed workplaces

Author: Terry Friedman
Enacted: Filed with Secretary of State on July 21, 1994
Topic: Secondhand Smoke
Affects Section 6404.5 of the Labor Code

 

 Assembly Bill No. 615 Chapter 335 Opens in new browser window.
Prohibits smoking in day care facilities.

Author: Mike Gotch
Enacted: Filed with Secretary of State on September 8, 1993
Topic: Secondhand Smoke
Affects Section 1596.795 of the Health and Safety Code

 

Assembly Bill No. 686, Chapter 823Opens in new browser window.
Vending Machines

Author: Curtis R. Tucker
Enacted: Filed with Secretary of State on October 13, 1995
Topic: Vending Machines
Affects sections 22958 and 22960 of the Business and Professions Code

 

Assembly Bill No. 1595, Chapter 693 Opens in new browser window.
Requires each manufacturer, as defined, or importer of cigars to place, or cause to be placed, one of 3
specified warning labels on each retail package of cigars packaged for sale after September 1, 2000, and shipped for distribution in California

Author: Carole Migden
Enacted: Filed with Secretary of State on October 10, 1999
Topic: Warning Labels
Affects multiple parts of California Code

 

Senate Bill No. 757, Chapter 376 Opens in new browser window.
Clarifies and enhances the Stop Tobacco Access to Kids Enforcement (STAKE) Act and authorizes
the Department of Health Services to make targeted sting inspections of retail sites where minors are being sold tobacco products

Author: Deborah V. Ortiz
Enacted: Filed with Secretary of State on October 1, 2001
Topic: Youth Sales and Possession
Affects multiple parts of California Code

 

Senate Bill No. 1849 Chapter 1166 Opens in new browser window.
Makes it unlawful to “possess” tobacco products by every person under the age of 18 years.

Author: David G. Kelley
Enacted: Filed with Secretary of State on September 30, 1996
Topic: Youth Sales and Possesion
Affects Section 308 of the Penal Code

 

Senate Bill No.1927 Chapter 1009 Opens in new browser window.
Stop Tobacco Access to Kids Enforcement (STAKE) Act.

Author: Tom Hayden
Enacted: Filed with Secretary of State on September 29, 1994
Topic: Youth Sales and Possession
Affects multiple parts of California Code

 

 

 
 
Last modified on: 11/5/2008 10:42 PM