California 2009-2010 Regular Session Status: To Executive 1 R cosponsors

SB 400 — Tobacco.

Last action — Stricken from Senate file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Stop Tobacco Access to Kids Enforcement Act (STAKE Act) , establishes various requirements for retailers relating to tobacco sales to minors. A violation of this act is a crime. This bill would authorize action to halt the sale, distribution, or offering for sale of electronic cigarettes that have not been approved or cleared by the federal Food and Drug Administration. By changing the definition of an existing crime, this bill would impose a state-mandated local program. Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of these provisions is a crime. This bill would deem any article that can provide inhaled doses of nicotine by delivering a vaporized solution a drug under these provisions. By expanding the definition of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 1 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 24. Noes 14. Page 2432.) To enrollment.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 9. Noes 2. Page 2468.)

  7. From committee: Pursuant to Senate Rule 29.10 be re-referred to Com. on HEALTH. (Ayes 3. Noes 0. Page 2358.) Re-referred to Com. on HEALTH.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  9. In Senate. To unfinished business.

  10. Read third time. Passed. (Ayes 50. Noes 29. Page 3111.) To Senate.

  11. Read third time. Amended. (Ayes 51. Noes 24. Page 2886.) To third reading.

  12. Read second time. To third reading.

  13. (Heard in committee on August 19.)

  14. From committee: Do pass. (Ayes 17. Noes 0.)

  15. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  16. (Heard in committee on July 8.)

  17. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 18. Noes 0.) Re-referred to Com. on APPR.

  18. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on G.O.

  19. To Com. on G.O.

  20. In Assembly. Read first time. Held at Desk.

  21. Read third time. Passed. (Ayes 23. Noes 15. Page 1174.) To Assembly.

  22. Read second time. Amended. To third reading.

  23. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  24. Set for hearing May 28.

  25. Re-referred to Com. on APPR.

  26. Withdrawn from committee.

  27. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  28. From committee: Be placed on second reading pursuant to Senate Rule 28.8, but first be re-referred to Com. on RLS. Re-referred to Com. on RLS.

  29. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  30. Set for hearing May 18.

  31. Hearing postponed by committee.

  32. Set for hearing May 11.

  33. Re-referred to Com. on APPR.

  34. Withdrawn from committee.

  35. Read second time. Amended. Re-referred to Com. on EQ.

  36. From committee: Do pass as amended, but first amend, and re-refer to Com. on EQ. (Ayes 6. Noes 4. Page 609.)

  37. Set for hearing April 21.

  38. Hearing postponed by committee.

  39. Set for hearing April 14.

  40. To Coms. on T. & H. and EQ.

  41. From print. May be acted upon on or after March 28.

  42. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on · 5 voted No

Sponsors (1)

  • Corbett

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

W/O REF. TO FILE SB400 Corbett

Passed 25 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 251201
Democratic 0101
Republican 0100
Total 251402
% of votes cast 61%34%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Yea
Corbett — Yea
Correa — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Leno — Yea
Runner — Nay
Alquist — Yea
Benoit — Nay
Dutton — Nay
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Wright — Not Voting
Aanestad — Yea
Ashburn — Nay
Harman — Nay
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Wyland — Nay
Cogdill — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

SB 400 Corbett Senate Third Reading By FONG

Passed 59 Yea · 32 Nay
Party YeaNayPresentNot Voting
Unaffiliated 553000
Democratic 3000
Republican 1200
Total 593200
% of votes cast 65%35%0%0%
How each member voted (91)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Charles — Yea
De — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Duvall — Nay
Bill — Nay
Tom — Nay
Evans — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Fletcher — Nay
Audra — Nay
Garrick — Nay
Bass — Yea
Blakeslee — Nay
Gilmore — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
La — Yea
Emmerson — Nay
Eng — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

SB 400 Corbett Senate Third Reading By FONG Amend By FONG Set #1

Passed 60 Yea · 27 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 562504
Democratic 3000
Republican 1200
Total 602704
% of votes cast 66%30%0%4%
How each member voted (91)
Member Party Vote
Hall — Yea
A. — Yea
Feuer — Yea
Carter — Yea
Chesbro — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Huber — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Garrick — Nay
Fletcher — Nay
Yamada — Yea
Audra — Nay
Hagman — Nay
Jeffries — Nay
Cook — Nay
Miller — Nay
Anderson — Nay
Blakeslee — Nay
Duvall — Nay
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Hayashi — Yea
Huffman — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nestande — Not Voting
Nielsen — Not Voting
Solorio — Yea
Torlakson — Yea
Tran — Nay
Emmerson — Not Voting
Eng — Yea
Evans — Yea
DeVore — Nay
Fuller — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
Fuentes — Yea
Hall — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hill — Yea
Conway — Yea
Ammiano — Yea
Coto — Yea
Duvall — Yea
Solorio — Yea
Torlakson — Yea
Harkey — Yea
Miller — Yea
Skinner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)
Member Party Vote
De — Yea
Leon — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Chesbro — Yea
Galgiani — Yea
Hall — Yea
Hill — Yea
Jeffries — Yea
Anderson — Yea
Mendoza — Yea
Nestande — Yea
Silva — Yea
Torres — Yea
Lieu — Yea
Torrico — Yea
Tran — Yea
Cook — Yea
Coto — Yea
Evans — Not Voting

Official roll call →

Senate 3rd Reading SB400 Corbett

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221401
Democratic 2000
Republican 0100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Negrete — Yea
Cedillo — Yea
Cogdill — Nay
Hancock — Yea
Harman — Nay
Hollingsworth — Nay
Runner — Nay
Kehoe — Yea
Ducheny — Not Voting
Leno — Yea
McLeod — Yea
Ashburn — Nay
Benoit — Nay
Dutton — Nay
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Huff — Nay
Liu — Yea
Maldonado — Nay
Romero — Yea
Walters — Nay
Wolk — Yea
Wyland — Nay
Corbett — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

What does SB 400 do?
Existing law, the Stop Tobacco Access to Kids Enforcement Act (STAKE Act) , establishes various requirements for retailers relating to tobacco sales to minors. A violation of this act is a crime. This bill would authorize action to halt the sale, distribution, or offering for sale of electronic cigarettes that have not been approved or cleared by the federal Food and Drug Administration. By changing the definition of an existing crime, this bill would impose a state-mandated local program. Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of these provisions is a crime. This bill would deem any article that can provide inhaled doses of nicotine by delivering a vaporized solution a drug under these provisions. By expanding the definition of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 400?
SB 400 is sponsored by Alquist, Corbett, Eng, Jones, Brian W. (Republican), and Vince Fong.
What is the current status of SB 400?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 400?
Track SB 400 free on One Click Politics — get push/email alerts when it moves.

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