California 2009-2010 Regular Session Status: Enacted

AB 2496 — Cigarette and tobacco products.

Last action — Chaptered by Secretary of State - Chapter 265, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The California Cigarette and Tobacco Products Licensing Act of 2003 (hereafter the act) provides for the licensure, by the State Board of Equalization, of manufacturers, distributors, wholesalers, importers, and retailers of cigarette or tobacco products that are engaged in business in California and prohibits retailers, manufacturers, distributors, and wholesalers from distributing or selling those cigarette and tobacco products unless they are in compliance with those licensure requirements. The act requires a manufacturer or importer to comply with specified requirements in order to be eligible for obtaining and maintaining a license under that act, including consent to jurisdiction of the California courts for the purpose of enforcement of that act and appointment of a registered agent for service of process in this state. This bill would require a manufacturer or importer to additionally consent to jurisdiction of the California courts for the purpose of enforcement of the Master Settlement Agreement and the Cigarette and Tobacco Products Tax Law or, in lieu of this consent, to post a surety bond, as specified . The bill would provide that a licensee who does not waive the sovereign immunity defense or post the surety bond is ineligible to obtain or maintain a license and would also make a licensee who raises a sovereign immunity defense in a specified action subject to revocation of its license. This bill would require the manufacturer or importer to additionally identify the registered agent to the Attorney General. The act authorizes a peace officer or board employee granted limited peace officer status to conduct inspections at any site where evidence of activities involving evasion of cigarette or tobacco products tax may be discovered. This bill would additionally authorize those officers to inspect any site with respect to violations of a specified provision of the Cigarette and Tobacco Products Tax Law. The act prohibits an importer, distributor, or wholesaler, or distributor functioning as a wholesaler, or retailer, to purchase, obtain, or otherwise acquire any package of cigarettes to which a stamp or meter impression may not be affixed in accordance with the Cigarette and Tobacco Products Tax Law. A violation of this provision is a misdemeanor. This bill would additionally prohibit those persons from acquiring a package of cigarettes unless the brand family or product manufacturer of the cigarettes is included on a directory posted by the Attorney General described in (3) . By changing the definition of a crime, this bill would impose a state‑mandated local program. (2) Existing law prohibits the retail sale of cigarettes in California unless the sale is a vendor-assisted, face-to-face sale, as defined. This bill would allow delivery sales, as defined, in specified circumstances. The bill would make violation of this provision a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (3) Under existing law, states' attorneys general and various tobacco product manufacturers have entered into a Master Settlement Agreement (MSA) , in settlement of various lawsuits, that provides for the allocation of money to the states and certain territories. The state has entered into a memorandum of understanding providing for the allocation of the state's share of moneys to be received under the MSA between the state and counties and certain cities in the state. Existing law requires any tobacco product manufacturer selling cigarettes to consumers in California to place specified amounts into a qualified escrow fund by April 15 of each year. This bill would authorize a tobacco product manufacturer that elects to place funds into a qualified escrow fund to make an irrevocable assignment of its interest in the funds to the benefit of the State of California, as specified. This bill would require any funds assigned to the state that are withdrawn to be deposited into the General Fund as a credit against any judgment or settlement which may be obtained against the tobacco product manufacturer that has assigned the funds. (4) The Cigarette and Tobacco Products Tax Law requires every tobacco product manufacturer whose cigarettes are sold in this state to make a certification to the Attorney General regarding certain information. That law makes a false certification a misdemeanor. This bill would require certification of additional information, as specified. By changing the definition of a crime, this bill would impose a state‑mandated local program. The Cigarette and Tobacco Products Tax Law requires the Attorney General to post on the Attorney General's Internet Web site a directory of tobacco product manufacturers that are participating manufacturers under the MSA, and that have made all required escrow payments and provided certification of related information to the Attorney General. That law also requires the Attorney General's Internet Web site to include specified brand families, as defined, that have been identified by the tobacco product manufacturers. Existing law also requires that a manufacturer and brand families be excluded from the directory, if any of certain circumstances occur. This bill would establish circumstances under which a manufacturer and brand families are to be excluded from the directory of manufacturers and brand families, and would require the Attorney General to provide distributors and wholesalers with written notice of each tobacco product that is added to or removed from the directory and to provide notice to each licensed distributor, wholesaler, retailer, or other person who has provided an electronic mail address for this purpose. This bill would also require a newly qualified nonparticipating manufacturer, as defined, or a nonparticipating manufacturer that poses an elevated risk of noncompliance with that law or the MSA, to post a surety bond, as specified before inclusion onto the directory. This bill would specify that a person is prohibited from shipping or distributing into or within this state for personal consumption in this state cigarettes of a tobacco product manufacturer or brand family not included in the directory, and would provide that this specification is declaratory of existing law. This bill would require any nonparticipating manufacturer located outside of the United States, as an additional condition precedent to having its brand families listed or retained in the directory, to cause its importers to appoint an agent, as specified, and would impose additional specified responsibilities upon such a manufacturer. This bill would give the Attorney General additional specified authority regarding the administration of that law. This bill would, as a condition of selling cigarettes in the state, require a tobacco product manufacturer, as specified, to submit, or authorize to disclose, a copy of its applicable return. This bill would provide that failure to comply with that provision would subject the manufacturer and its brand families to removal from the directory. This bill would impose a civil penalty on any manufacturer that intentionally provides an applicable return with materially false information. (5) Existing law prohibits the offer, sale, distribution, or importation of a tobacco product know as "bidis" or "beedies," as defined, unless it is sold or intended for sale in business establishments that exclude minors. This bill would amend the definition of "bidis" or "beedies" to include any product that is marketed and sold as "bidis" or "beedies," and would clarify that persons who violate this prohibition are subject to both criminal and civil liability. By changing the definition of related crimes, this bill would impose a state-mandated local program. (6) This bill would provide that the provisions of this bill are severable. (7) This bill would incorporate additional changes in Section 22979 of the Business and Professions Code proposed by AB 2733, that would become operative only if AB 2733 and this bill are both chaptered and become operative on or before January 1, 2011, and this bill is chaptered last. (8) 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. Chaptered by Secretary of State - Chapter 265, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 54. Noes 22. Page 6588.)

  5. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6562.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 23. Noes 10. Page 4788.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  12. In committee: Hearing postponed by committee.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 0.) (June 23).

  15. From committee: Do pass, and re-refer to Com. on REV. & TAX. Re-referred. (Ayes 6. Noes 2.) (June 16).

  16. Referred to Coms. on HEALTH and REV. & TAX.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 58. Noes 16. Page 5392.)

  19. Read second time. To third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 14. Noes 2.) (May 19).

  22. Re-referred to Com. on APPR.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  24. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 1.) (April 20).

  25. Re-referred to Com. on JUD.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  27. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 17. Noes 1.) (April 12).

  28. Referred to Coms. on G.O. and JUD.

  29. Read first time.

  30. From printer. May be heard in committee March 23.

  31. Introduced. To print.

Sponsors

  • Nava · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Nava

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 2496 NAVA Concurrence in Senate Amendments

Passed 62 Yea · 25 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 592302
Democratic 2001
Republican 1200
Total 622503
% of votes cast 69%28%0%3%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Bass — Yea
Block — Yea
Coto — Yea
Hill — Yea
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Charles — Not Voting
Garrick — Nay
Hagman — Nay
Harkey — Nay
Conway — Nay
Cook — Not Voting
Jeffries — Nay
Miller — Nay
Norby — Nay
Anderson — Nay
Skinner — Yea
Solorio — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Silva — Nay
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Villines — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Furutani — Yea
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2496 Nava By Alquist

Passed 24 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 22906
Democratic 2000
Republican 0100
Total 241006
% of votes cast 60%25%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Nay
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Hollingsworth — Nay
Runner — Nay
Dutton — Nay
Kehoe — Yea
Leno — Yea
Blakeslee — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Not Voting
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Not Voting
Harman — Not Voting
Huff — Nay
Price — Yea
Wolk — Yea
Wyland — Nay
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Not Voting
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2496 NAVA Assembly Third Reading

Passed 67 Yea · 17 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 631606
Democratic 3000
Republican 1101
Total 671707
% of votes cast 74%19%0%8%
How each member voted (91)
Member Party Vote
De — Yea
La — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Charles — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Not Voting
Bill — Nay
Eng — Yea
Evans — Yea
Fletcher — Nay
Tom — Not Voting
Feuer — Yea
Audra — Not Voting
DeVore — Nay
Anderson — Nay
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Nay
Hagman — Nay
Hall — Yea
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Nay
Knight — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Logue — Nay
Ma — Yea
Nestande — Yea
Nielsen — Yea
Silva — Not Voting
Solorio — Yea
Torres — Yea
Villines — Yea
Conway — Nay
Emmerson — Yea
Fuller — Not Voting
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
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 Not Voting

Official roll call →

Do pass as amended.

Passed 15 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14202
Democratic 1000
Total 15202
% of votes cast 79%11%0%11%
How each member voted (19)
Member Party Vote
Hall — Yea
Hill — Yea
Miller — Yea
Charles — Yea
Nielsen — Yea
Skinner — Yea
De — Not Voting
Leon — Not Voting
Harkey — Nay
Norby — Nay
Torlakson — Yea
Bradford — Yea
Solorio — Yea
Torrico — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 20 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 20104
Total 20104
% of votes cast 80%4%0%16%
How each member voted (25)
Member Party Vote
Galgiani — Yea
De — Yea
Leon — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Hall — Not Voting
Chesbro — Yea
Cook — Nay
Hernandez — Yea
Hill — Yea
Jeffries — Not Voting
Lieu — Yea
Ma — Yea
Mendoza — Yea
Torres — Yea
Torrico — Yea
Tran — Not Voting
Anderson — Not Voting
Blakeslee — Yea
Nestande — Yea
Silva — Yea
Coto — Yea
Evans — Yea

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

What does AB 2496 do?
(1) The California Cigarette and Tobacco Products Licensing Act of 2003 (hereafter the act) provides for the licensure, by the State Board of Equalization, of manufacturers, distributors, wholesalers, importers, and retailers of cigarette or tobacco products that are engaged in business in California and prohibits retailers, manufacturers, distributors, and wholesalers from distributing or selling those cigarette and tobacco products unless they are in compliance with those licensure requirements. The act requires a manufacturer or importer to comply with specified requirements in order to be eligible for obtaining and maintaining a license under that act, including consent to jurisdiction of the California courts for the purpose of enforcement of that act and appointment of a registered agent for service of process in this state. This bill would require a manufacturer or importer to additionally consent to jurisdiction of the California courts for the purpose of enforcement of the Master Settlement Agreement and the Cigarette and Tobacco Products Tax Law or, in lieu of this consent, to post a surety bond, as specified . The bill would provide that a licensee who does not waive the sovereign immunity defense or post the surety bond is ineligible to obtain or maintain a license and would also make a licensee who raises a sovereign immunity defense in a specified action subject to revocation of its license. This bill would require the manufacturer or importer to additionally identify the registered agent to the Attorney General. The act authorizes a peace officer or board employee granted limited peace officer status to conduct inspections at any site where evidence of activities involving evasion of cigarette or tobacco products tax may be discovered. This bill would additionally authorize those officers to inspect any site with respect to violations of a specified provision of the Cigarette and Tobacco Products Tax Law. The act prohibits an importer, distributor, or wholesaler, or distributor functioning as a wholesaler, or retailer, to purchase, obtain, or otherwise acquire any package of cigarettes to which a stamp or meter impression may not be affixed in accordance with the Cigarette and Tobacco Products Tax Law. A violation of this provision is a misdemeanor. This bill would additionally prohibit those persons from acquiring a package of cigarettes unless the brand family or product manufacturer of the cigarettes is included on a directory posted by the Attorney General described in (3) . By changing the definition of a crime, this bill would impose a state‑mandated local program. (2) Existing law prohibits the retail sale of cigarettes in California unless the sale is a vendor-assisted, face-to-face sale, as defined. This bill would allow delivery sales, as defined, in specified circumstances. The bill would make violation of this provision a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (3) Under existing law, states' attorneys general and various tobacco product manufacturers have entered into a Master Settlement Agreement (MSA) , in settlement of various lawsuits, that provides for the allocation of money to the states and certain territories. The state has entered into a memorandum of understanding providing for the allocation of the state's share of moneys to be received under the MSA between the state and counties and certain cities in the state. Existing law requires any tobacco product manufacturer selling cigarettes to consumers in California to place specified amounts into a qualified escrow fund by April 15 of each year. This bill would authorize a tobacco product manufacturer that elects to place funds into a qualified escrow fund to make an irrevocable assignment of its interest in the funds to the benefit of the State of California, as specified. This bill would require any funds assigned to the state that are withdrawn to be deposited into the General Fund as a credit against any judgment or settlement which may be obtained against the tobacco product manufacturer that has assigned the funds. (4) The Cigarette and Tobacco Products Tax Law requires every tobacco product manufacturer whose cigarettes are sold in this state to make a certification to the Attorney General regarding certain information. That law makes a false certification a misdemeanor. This bill would require certification of additional information, as specified. By changing the definition of a crime, this bill would impose a state‑mandated local program. The Cigarette and Tobacco Products Tax Law requires the Attorney General to post on the Attorney General's Internet Web site a directory of tobacco product manufacturers that are participating manufacturers under the MSA, and that have made all required escrow payments and provided certification of related information to the Attorney General. That law also requires the Attorney General's Internet Web site to include specified brand families, as defined, that have been identified by the tobacco product manufacturers. Existing law also requires that a manufacturer and brand families be excluded from the directory, if any of certain circumstances occur. This bill would establish circumstances under which a manufacturer and brand families are to be excluded from the directory of manufacturers and brand families, and would require the Attorney General to provide distributors and wholesalers with written notice of each tobacco product that is added to or removed from the directory and to provide notice to each licensed distributor, wholesaler, retailer, or other person who has provided an electronic mail address for this purpose. This bill would also require a newly qualified nonparticipating manufacturer, as defined, or a nonparticipating manufacturer that poses an elevated risk of noncompliance with that law or the MSA, to post a surety bond, as specified before inclusion onto the directory. This bill would specify that a person is prohibited from shipping or distributing into or within this state for personal consumption in this state cigarettes of a tobacco product manufacturer or brand family not included in the directory, and would provide that this specification is declaratory of existing law. This bill would require any nonparticipating manufacturer located outside of the United States, as an additional condition precedent to having its brand families listed or retained in the directory, to cause its importers to appoint an agent, as specified, and would impose additional specified responsibilities upon such a manufacturer. This bill would give the Attorney General additional specified authority regarding the administration of that law. This bill would, as a condition of selling cigarettes in the state, require a tobacco product manufacturer, as specified, to submit, or authorize to disclose, a copy of its applicable return. This bill would provide that failure to comply with that provision would subject the manufacturer and its brand families to removal from the directory. This bill would impose a civil penalty on any manufacturer that intentionally provides an applicable return with materially false information. (5) Existing law prohibits the offer, sale, distribution, or importation of a tobacco product know as "bidis" or "beedies," as defined, unless it is sold or intended for sale in business establishments that exclude minors. This bill would amend the definition of "bidis" or "beedies" to include any product that is marketed and sold as "bidis" or "beedies," and would clarify that persons who violate this prohibition are subject to both criminal and civil liability. By changing the definition of related crimes, this bill would impose a state-mandated local program. (6) This bill would provide that the provisions of this bill are severable. (7) This bill would incorporate additional changes in Section 22979 of the Business and Professions Code proposed by AB 2733, that would become operative only if AB 2733 and this bill are both chaptered and become operative on or before January 1, 2011, and this bill is chaptered last. (8) 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 AB 2496?
AB 2496 is sponsored by Nava.
What is the current status of AB 2496?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2496?
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