BILL ANALYSIS
SB 458
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Date of Hearing: June 26, 2006
ASSEMBLY COMMITTEE ON HEALTH
Mervyn Dymally, Chair
SB 458 (Torlakson) - As Amended: June 5, 2007
SENATE VOTE : 23-14
SUBJECT : Lung cancer: early detection and treatment.
SUMMARY : Requests the University of California (U.C.) to
establish and administer the Lung Cancer Early Detection and
Treatment Research program (Program). Specifically, this bill :
1)Requests the Regents of U.C. to establish and administer, the
Program, from July 1, 2008 until June 30, 2012.
2)Describes the Program as a comprehensive grant program to
support research efforts related to lung cancer early
detection and treatment and a program for the collection,
assessment, and periodic publication of data pertinent to the
research.
3)States that, for the purposes of this bill, "lung cancer early
detection and treatment research" includes, but is not limited
to, research in the fields of biological and biomedical
science, engineering and technology development into methods
for the early diagnosis of lung cancer, disease management and
treatment, with particular emphasis on translational research,
epidemiology, and clinical studies.
4)Establishes the Lung Cancer Early Detection and Treatment
Research Fund in the State Treasury. Requires the fund to
consist of all moneys appropriated to it by the Legislature,
private donations, and any interest earned on money in the
fund.
5)States legislative intent that:
a) The Program be implemented pursuant to an existing
comprehensive grant program for tobacco-related disease
research efforts, as specified;
b) No more than 5% of the amount appropriated by the
Legislature into the Program be used for the purposes of
the administration; and,
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c) Funding for this bill be provided in the Budget Act, or
other measure.
EXISTING LAW :
1)Provides for various state programs for the prevention and
treatment of cancer.
2)Requests U.C. to administer a comprehensive grant program to
support research efforts related to the prevention, causes,
and treatment of tobacco-related diseases, called the Tobacco
Related Disease Research Program (TRDRP).
FISCAL EFFECT : Unknown
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, lung cancer is
the number one cancer killer and the leading cause of death
for Americans under 85. The author cites the following
statistics to support the need for this bill: lung cancer
patients have a 49.5% five year survival rate when the cancer
is detected early, in contrast to a 2% five year survival rate
when the cancer is diagnosed in the later stages; only 16% of
lung cancer patients are diagnosed in the early stages,
according to National Cancer Institute; and, people diagnosed
with lung cancer have a 15.5% five year survival rate compared
to five year survival rates of 64.8%, 89% and 99.9% for those
with colon, breast and prostate cancer, respectively. The
author believes that given the low survival rates for late
stage diagnosis, early detection is essential to survival and
more research into early detection methods and treatments is
necessary.
2)BACKGROUND . According to a 2007 report by the American Cancer
Society and the California Cancer Registry, approximately 85%
of lung cancer is caused by cigarette smoking. There are
close to 14,000 lung cancer deaths in California each year,
more than prostate, breast, and colon and rectum cancers
combined. Lung cancer incidence rates in California decreased
by 21% from 1988 to 2003, largely as a result of the success
of California tobacco control initiatives.
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3)TOBACCO RELATED DISEASE RESEARCH PROGRAM . In November 1988,
California voters approved Proposition 99, which instituted a
25 cent-per-pack cigarette surtax. This initiative specified
that 5% of the revenue be deposited into an account, to be
appropriated for research on tobacco-related disease. The
Legislature requested UC to establish and administer a
research program. The mission of TRDRP is to support research
that focuses on the treatment of tobacco-related disease and
the reduction of the human and economic costs of tobacco use
in California. TRDRP states that their goals are to fund
tobacco use research; disseminate research findings; encourage
and support new scientific infrastructures and networks
critical for a comprehensive approach to tobacco control; and
serve as a resource for tobacco control information.
According to the 2005 Annual Report of TRDRP, 44 research
grants were completed regarding tobacco-related disease and
tobacco control policy and programs in 2005. These research
grants included eight on cancer, nine on heart and lung
disease, four on general biomedical and health effects, seven
on nicotine dependence, five on secondhand smoke, and 11 on
tobacco control, public health and public policy.
Additionally, in 2005, TRDRP awarded $14.4 million for 55 new
grants to scientists at 21 California non-profit research
institutions.
4)DECLINING REVENUE FOR TOBACCO-RELATED PROGRAMS . According to
the Legislative Analyst's Office, tobacco-tax revenues
generated under Proposition 99 have steadily declined as a
result of the successful efforts to reduce smoking and the
imposition of further tax increases on cigarette products.
Tobacco tax revenue declined from $573 million in 1989-90 to
$309 million in 2005-06. Since the approval of Proposition
99, two measures have been enacted that increased the tobacco
tax, creating a reduction in the consumption of tobacco
products: Proposition 10, enacted by the voters in 1998 and
the Breast Cancer Act of 1993.
5)SUPPORT . Supporters argue that additional research is needed
to find an effective tool for early detection of lung cancer.
6)RELATED LEGISLATION .
a) SB 24 (Torlakson) establishes a fee on cigarettes and
cigars to offset the impacts of environmental tobacco smoke
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released by the burning of cigarettes and cigars and
specifies how proceeds from the fee are to be used. SB 24
passed the Senate Health Committee and is now in possession
of the Senate Revenue and Taxation Committee.
b) SB 950 (Corbett), which would have required cigarette
and smokeless tobacco manufacturers and importers to report
to the Department of Public Health the added ingredients
and nicotine yield for their individual products, failed
passage in the Senate Health Committee.
7)DOUBLE REFERRAL . This bill is double referred, should it pass
out of this committee it will be referred to the Assembly
Committee on Higher Education.
REGISTERED SUPPORT / OPPOSITION :
Support
American Cancer Society
American Lung Association
Association of Northern California Oncologists
Bonnie J. Addario Lung Cancer Foundation
Lung Cancer Alliance
Opposition
None on file.
Analysis Prepared by : John Gilman / HEALTH / (916) 319-2097