California 2009-2010 Regular Session Status: Enacted

AB 2733 — Cigarettes and tobacco products.

Last action — Chaptered by Secretary of State - Chapter 607, 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 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 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

Existing law, the California Cigarette and Tobacco Products Licensing Act of 2003, 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. The act prohibits retailers, manufacturers, distributors, and wholesalers from distributing or selling those cigarette and tobacco products unless they are licensed. The act authorizes the board to suspend or revoke the license of any manufacturer, distributor, wholesaler, importer, or retailer of tobacco products that is in violation of the act's provisions. Violation of the act is a misdemeanor. This bill would, among other things, prohibit the transfer of title or possession of cigarettes or tobacco products without consideration, exchange, or barter if the cigarettes or tobacco products had been purchased for resale under a license issued pursuant to the act and the transfer occurs during the suspension or after revocation of the license. It would also prohibit specified displays of cigarettes or tobacco products. It would require prescribed notices to be posted when a license has been suspended or revoked by the board, and would make violation of these notice posting requirements subject to a civil penalty. By adding a new crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes in Section 22979 of the Business and Professions Code proposed by AB 2496, that would become operative only if AB 2496 and this bill are both chaptered and become operative on or before January 1, 2011, and this bill is chaptered last. 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 607, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 6526.)

  5. Assembly Rule 77 suspended. (Page 6463.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 30. Noes 1. Page 4707.)

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

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

  14. Referred to Com. on REV. & TAX.

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

  16. Read third time, passed, and to Senate. (Ayes 67. Noes 0. Page 5281.)

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 16. Noes 0.) (May 19).

  19. Re-referred to Com. on APPR.

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

  21. In committee: Hearing postponed by committee.

  22. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (April 20).

  23. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 17. Noes 0.) (April 12).

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

  25. Read first time.

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

  27. Introduced. To print.

Sponsors

  • Padilla · Cosponsor
  • Ruskin · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Ruskin

Co-sponsors (1)

  • Padilla

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Passed 86 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 80004
Democratic 3000
Republican 3000
Total 86004
% of votes cast 96%0%0%4%
How each member voted (90)
Member Party Vote
Nava — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Hill — Yea
Huffman — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Furutani — Not Voting
Jeffries — Not Voting
Knight — Not Voting
Nestande — Yea
Norby — Yea
Ammiano — Not Voting
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Ma — Yea
Miller — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Torres — Yea
Villines — Yea
Eng — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 31 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 28107
Democratic 2000
Republican 1000
Total 31107
% of votes cast 79%3%0%18%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Not Voting
Florez — Yea
Hancock — Yea
Harman — Not Voting
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Nay
Huff — Not Voting
Corbett — Yea
Kehoe — Yea
Ducheny — Yea
Dutton — Yea
Leno — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Liu — Yea
Oropeza — Not Voting
Romero — Yea
Wiggins — Not Voting
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 79 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 730012
Democratic 3000
Republican 3000
Total 790012
% of votes cast 87%0%0%13%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Lieu — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Davis — Yea
Ma — Yea
Miller — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
John — Yea
A. — Yea
Perez — Yea
Saldana — Not Voting
Evans — Not Voting
Hall — Not Voting
Hernandez — Not Voting
Jeffries — Not Voting
Bass — Not Voting
Knight — Not Voting
Nava — Not Voting
Norby — Not Voting
Torres — Yea
Torrico — Yea
Villines — Not Voting
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Logue — Not Voting
Mendoza — Yea
Nestande — Yea
Nielsen — Yea
Silva — Not Voting
Solorio — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 1000
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Hill — Yea
De — Not Voting
Leon — Not Voting
Miller — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Fuentes — Yea
Hall — Yea
Charles — Yea
Bradford — Yea
Harkey — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 20 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 20005
Total 20005
% of votes cast 80%0%0%20%
How each member voted (25)
Member Party Vote
Hall — Not Voting
Evans — Yea
De — Yea
Leon — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Chesbro — Yea
Cook — Yea
Galgiani — Yea
Hernandez — Yea
Hill — Yea
Anderson — Not Voting
Blakeslee — Yea
Coto — Yea
Lieu — Yea
Mendoza — Yea
Silva — Not Voting
Torres — Yea
Tran — Yea
Jeffries — Not Voting
Ma — Yea
Nestande — Not Voting
Torrico — Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2733 do?
Existing law, the California Cigarette and Tobacco Products Licensing Act of 2003, 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. The act prohibits retailers, manufacturers, distributors, and wholesalers from distributing or selling those cigarette and tobacco products unless they are licensed. The act authorizes the board to suspend or revoke the license of any manufacturer, distributor, wholesaler, importer, or retailer of tobacco products that is in violation of the act's provisions. Violation of the act is a misdemeanor. This bill would, among other things, prohibit the transfer of title or possession of cigarettes or tobacco products without consideration, exchange, or barter if the cigarettes or tobacco products had been purchased for resale under a license issued pursuant to the act and the transfer occurs during the suspension or after revocation of the license. It would also prohibit specified displays of cigarettes or tobacco products. It would require prescribed notices to be posted when a license has been suspended or revoked by the board, and would make violation of these notice posting requirements subject to a civil penalty. By adding a new crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes in Section 22979 of the Business and Professions Code proposed by AB 2496, that would become operative only if AB 2496 and this bill are both chaptered and become operative on or before January 1, 2011, and this bill is chaptered last. 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 2733?
AB 2733 is sponsored by Padilla and Ruskin.
What is the current status of AB 2733?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2733?
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