California 2009-2010 Regular Session Status: To Executive

SB 929 — Hazardous materials: children's jewelry: heavy metals.

Last action — Chaptered by Secretary of State. Chapter 313, Statutes of 2010.

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law prohibits the manufacturing, shipping, selling, or offering for sale of jewelry, as defined, for retail sale in the state, unless the jewelry is made entirely from specified materials. Existing law also prohibits any person from taking those actions with regard to children's jewelry, as defined, unless the children's jewelry is made entirely from certain specified materials. Existing law prohibits parties that are signatories to a specified consent judgment from being subject to enforcement under those provisions. This bill would additionally prohibit a person from manufacturing, shipping, selling, offering for sale, or offering for promotional purposes children's jewelry that contains any component or is made of any material that is more than 0.03% cadmium by weight. This bill would exempt from this prohibition any toy regulated for cadmium exposure under the federal Consumer Product Safety Improvement Act of 2008 and would make conforming changes. The bill would provide that the exemption from enforcement action for signatories to that consent judgment does not apply to this prohibition. (2) Existing law requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. The department is prohibited from duplicating or adopting conflicting regulations for regulated product categories. This bill would prohibit cadmium-containing jewelry from being considered as a product category already regulated or subject to pending regulation for purposes of those regulations. (3) Existing law imposes criminal penalties upon a manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry containing lead in violation of those provisions or who knowingly and with intent to deceive falsifies any document or certificate required to be kept or produced pursuant to those provisions. This bill would additionally impose those criminal penalties upon a manufacturer or supplier of jewelry containing cadmium, thereby imposing a state-mandated local program by creating new crimes. (4) 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 313, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:45 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 23. Noes 11. Page 4884.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 52. Noes 24. Page 6365.) To Senate.

  7. Read second time. To third reading.

  8. Read second time. Amended. To second reading.

  9. (Heard in committe August 12.)

  10. From committee: Do pass as amended. (Ayes 12. Noes 5.)

  11. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  12. Read second time. To third reading.

  13. Read second time. Amended. To second reading.

  14. (Heard in committee on June 29.)

  15. From committee: Do pass as amended. (Ayes 6. Noes 1.)

  16. To Com. on E.S. & T.M.

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

  18. Read third time. Passed. (Ayes 26. Noes 10. Page 3325.) To Assembly.

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

  20. From committee: Do pass as amended. (Ayes 4. Noes 0. Page 3299.)

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

  22. Set for hearing April 19.

  23. To Com. on EQ.

  24. From print. May be acted upon on or after March 4.

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

Sponsors

  • Brownley · Cosponsor
  • Salas · Cosponsor
  • Saldana · Cosponsor
  • Hancock · Cosponsor
  • Lieu · Cosponsor
  • Ma · Cosponsor
  • Pavley · Primary
  • Torlakson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 114 not signed on · 5 voted No

Sponsors (1)

  • Pavley

Co-sponsors (7)

  • Brownley
  • Salas
  • Saldana
  • Hancock
  • Lieu
  • Ma
  • Torlakson

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"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

Unfinished Business SB929 Pavley

Passed 24 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211105
Democratic 2000
Republican 1000
Total 241105
% of votes cast 60%28%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Florez — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Not Voting
Huff — Nay
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Liu — Yea
Runner — Nay
Alquist — Yea
Ashburn — Nay
Ducheny — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Walters — Nay
Simitian — Not Voting
Aanestad — Nay
Blakeslee — Nay
Kehoe — Yea
McLeod — Yea
Oropeza — Not Voting
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Cedillo — Yea
Wyland — Nay
Cogdill — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 929 Pavley Senate Third Reading By BROWNLEY

Passed 61 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 582403
Democratic 2100
Republican 1200
Total 612703
% of votes cast 67%30%0%3%
How each member voted (91)
Member Party Vote
Hagman — Nay
Hall — Yea
Conway — Nay
Cook — Not Voting
Garrick — Nay
Harkey — Nay
Jeffries — Not Voting
Knight — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Tom — Nay
Audra — Nay
Carter — Yea
Yamada — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Charles — Yea
Gilmore — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — 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
Bill — Nay
Ammiano — Yea
Bass — Yea
Block — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Villines — Yea
Adams — Nay
Anderson — Nay
Beall — Yea
Blakeslee — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huber — Not Voting
Huffman — Yea
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Ruskin — Yea
Solorio — Yea
Torres — Yea
Eng — Yea
Evans — Yea
DeVore — Nay
Fuller — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Hall — Yea
Coto — Yea
De — Yea
Conway — Nay
Miller — Nay
Nielsen — Nay
Norby — Nay
Solorio — Yea
Torrico — Yea
Bradford — Yea
Harkey — Nay
Huffman — Yea
Skinner — Yea
Torlakson — Yea
Leon — Yea
Davis — Yea
Fuentes — Yea
Gatto — Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Total 6102
% of votes cast 67%11%0%22%
How each member voted (9)
Member Party Vote
Chesbro — Yea
Monning — Yea
Nava — Yea
Smyth — Not Voting
Blakeslee — Not Voting
Davis — Yea
Miller — Nay
Ruskin — Yea
Feuer — Yea

Official roll call →

Senate 3rd Reading SB929 Pavley

Passed 27 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 241003
Democratic 2000
Republican 1000
Total 271003
% of votes cast 68%25%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Cogdill — Nay
Hancock — Yea
Harman — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Liu — Yea
McLeod — Yea
Runner — Nay
Ashburn — Nay
Ducheny — Yea
Dutton — Nay
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Maldonado — Yea
Walters — Not Voting
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 3003
Republican 1000
Total 4003
% of votes cast 57%0%0%43%
How each member voted (7)
Member Party Vote
Lowenthal — Yea
Runner — Not Voting
Corbett — Not Voting
Hancock — Not Voting
Simitian — Yea
Pavley — Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does SB 929 do?
(1) Existing law prohibits the manufacturing, shipping, selling, or offering for sale of jewelry, as defined, for retail sale in the state, unless the jewelry is made entirely from specified materials. Existing law also prohibits any person from taking those actions with regard to children's jewelry, as defined, unless the children's jewelry is made entirely from certain specified materials. Existing law prohibits parties that are signatories to a specified consent judgment from being subject to enforcement under those provisions. This bill would additionally prohibit a person from manufacturing, shipping, selling, offering for sale, or offering for promotional purposes children's jewelry that contains any component or is made of any material that is more than 0.03% cadmium by weight. This bill would exempt from this prohibition any toy regulated for cadmium exposure under the federal Consumer Product Safety Improvement Act of 2008 and would make conforming changes. The bill would provide that the exemption from enforcement action for signatories to that consent judgment does not apply to this prohibition. (2) Existing law requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. The department is prohibited from duplicating or adopting conflicting regulations for regulated product categories. This bill would prohibit cadmium-containing jewelry from being considered as a product category already regulated or subject to pending regulation for purposes of those regulations. (3) Existing law imposes criminal penalties upon a manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry containing lead in violation of those provisions or who knowingly and with intent to deceive falsifies any document or certificate required to be kept or produced pursuant to those provisions. This bill would additionally impose those criminal penalties upon a manufacturer or supplier of jewelry containing cadmium, thereby imposing a state-mandated local program by creating new crimes. (4) 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 929?
SB 929 is sponsored by Brownley, Salas, Saldana, Hancock, Lieu, Ma, Pavley, and Torlakson.
What is the current status of SB 929?
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 929?
Track SB 929 free on One Click Politics — get push/email alerts when it moves.

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