California 2011-2012 Regular Session Status: To Executive

SB 977 — Sherman Food, Drug, and Cosmetic Law: nail polish.

Last action — In Senate. Consideration of Governor's veto pending.

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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 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Sherman Food, Drug, and Cosmetic Law (Sherman 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. The Sherman Law prohibits the misbranding of a cosmetic. A violation of these provisions is a crime subject to, with specified exceptions, imprisonment for not more than one year in the county jail or a fine of not more than $1,000, or both imprisonment and fine. This bill would, with certain exceptions, increase the maximum criminal fine for specified violations by a nail polish manufacturer of the misbranding prohibitions of the Sherman Law to $2,000.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 31. Noes 0. Page 5107.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 25. Page 6771.) Ordered to the Senate.

  7. Assembly Rule 63 suspended. (Page 6750.)

  8. Amended.

  9. Read second time.

  10. From committee: Do pass as amended. (Ayes 12. Noes 2.) (August 30).

  11. Joint Rule 62(a) file notice suspended. (Ayes 52. Noes 26. Page 6648.)

  12. Re-referred to Com. on HEALTH pursuant to Assembly Rule 77.2.

  13. Read third time and amended. (Ayes 52. Noes 27. Page 6558.)

  14. Assembly Rule 63 suspended. (Ayes 50. Noes 26. Page 6557.)

  15. Ordered to third reading.

  16. Withdrawn from committee. (Ayes 52. Noes 27. Page 6556.)

  17. Referred to Com. on HEALTH.

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

  19. Read third time. Urgency clause adopted. Passed. (Ayes 36. Noes 0. Page 4442.) Ordered to the Assembly.

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

  21. From committee: Do pass as amended. (Ayes 5. Noes 0. Page 4297.) (July 3).

  22. Set for hearing July 3.

  23. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 7. Noes 0. Page 3922.) (June 13). Re-referred to Com. on PUB. S.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  25. Set for hearing June 13.

  26. Re-referred to Coms. on HEALTH and PUB. S.

  27. Re-referred to Com. on RLS.

  28. Withdrawn from committee.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.E. & R.

  30. Referred to Com. on P.E. & R.

  31. From printer. May be acted upon on or after February 23.

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

Sponsors

  • Yee · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Yee

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

Passed 31 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 28009
Republican 1000
Democratic 2000
Total 31009
% of votes cast 78%0%0%23%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Not Voting
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Runner — Not Voting
Hernandez — Yea
Huff — Yea
Leno — Not Voting
Alquist — Yea
Anderson — Yea
Blakeslee — Not Voting
Corbett — Not Voting
Dutton — Not Voting
Lieu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Harman — Not Voting
Kehoe — Not Voting
Liu — Yea
Pavley — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 54 Yea · 25 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 532301
Democratic 1000
Total 542501
% of votes cast 68%31%0%1%
How each member voted (80)
Member Party Vote
Hall — Yea
Feuer — Yea
Yamada — Yea
Gordon — Yea
Campos — Yea
Gorell — Nay
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Halderman — Nay
Chesbro — Yea
Harkey — Nay
Jeffries — Nay
Beall — Yea
Cook — Nay
Dickinson — Yea
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Butler — Yea
Fuentes — Yea
Gatto — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Hayashi — Yea
Huber — Yea
Huffman — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Ammiano — Yea
Blumenfield — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Achadjian — Nay
Alejo — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Hueso — Not Voting
Knight — Nay
Ma — Yea
Mansoor — Nay
Monning — Yea
Nielsen — Nay
Pan — Yea
Perea — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Conway — Nay
Eng — Yea
Davis — Yea
Donnelly — Nay
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 12205
Total 12205
% of votes cast 63%11%0%26%
How each member voted (19)
Member Party Vote
Gordon — Yea
Mitchell — Yea
Atkins — Yea
Bonilla — Not Voting
Logue — Nay
Monning — Yea
Pan — Yea
Ammiano — Yea
Hayashi — Yea
Mansoor — Yea
Nestande — Nay
Silva — Yea
Smyth — Not Voting
Williams — Not Voting
Eng — Yea
Garrick — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea

Official roll call →

Passed 52 Yea · 27 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 512501
Democratic 1000
Total 522701
% of votes cast 65%34%0%1%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Yamada — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Gordon — Yea
Hayashi — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Hueso — Yea
Huffman — Yea
Lara — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Mendoza — Yea
Monning — Yea
Carter — Yea
Bonilla — Yea
Atkins — Yea
Pan — Yea
Ammiano — Yea
Beall — Yea
Cedillo — Yea
Chesbro — Yea
Davis — Yea
Dickinson — Yea
Perea — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Not Voting
Garrick — Nay
Gorell — Nay
Hagman — Nay
Halderman — Nay
Harkey — Nay
Conway — Nay
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Olsen — Nay
Skinner — Yea
Smyth — Nay
Solorio — Yea
Cook — Nay
Eng — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 1001
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Wyland — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Fuller — Yea
Hernandez — Not Voting
Cannella — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Leno — Yea
Price — Yea
Vargas — Yea
Wright — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Blakeslee — Yea
Huff — Yea
Kehoe — Yea
Lieu — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Anderson — Yea
Harman — Not Voting
Liu — Yea
Pavley — Yea
Steinberg — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 0001
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hancock — Yea
Harman — Not Voting
Liu — Yea
Anderson — Yea
Steinberg — Yea
Price — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Rubio — Yea
De León — Not Voting
DeSaulnier — Yea
Harman — Yea
Hernandez — Yea
Alquist — Yea
Wolk — Yea
Anderson — Yea
Blakeslee — Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does SB 977 do?
Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman 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. The Sherman Law prohibits the misbranding of a cosmetic. A violation of these provisions is a crime subject to, with specified exceptions, imprisonment for not more than one year in the county jail or a fine of not more than $1,000, or both imprisonment and fine. This bill would, with certain exceptions, increase the maximum criminal fine for specified violations by a nail polish manufacturer of the misbranding prohibitions of the Sherman Law to $2,000.
Who sponsors SB 977?
SB 977 is sponsored by Yee.
What is the current status of SB 977?
This bill died with 2011-2012 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 977?
Track SB 977 free on One Click Politics — get push/email alerts when it moves.

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