SB 331 — Retail tobacco licenses.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 62(a).
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
The Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarette and tobacco products in this state, and specifies instances when the board is not required to issue a license. Existing law requires an application for a license to be filed on or before April 15, 2004. Existing law makes it a misdemeanor to sign the application if the signer knows the application has false statements. Existing law, the Stop Tobacco Access to Kids Enforcement Act, or STAKE Act, establishes various requirements for retailers relating to tobacco sales to minors. This bill would make the location of a retail location within 600 feet of a public or private elementary or secondary school on or after January 1, 2013, a violation of the STAKE Act, and would prohibit the issuance of a license for a retail location that is located within 600 feet of a public or private elementary or secondary school on or after January 1, 2013. This bill would require the application to include a statement regarding the location. This bill would require the board to cancel licenses for retail locations issued on or after January 1, 2013, if these licenses were wrongfully issued, as specified, would delete the April 15, 2004, application deadline, and would make conforming changes. By changing the definition of a 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
- Amended 01/13/12 - Amended Senate Current pdf January 13, 2012
- Amended 01/04/12 - Amended Senate pdf January 04, 2012
- Amended 04/27/11 - Amended Senate pdf April 27, 2011
- Introduced 02/15/11 - Introduced pdf February 15, 2011
- SB331 View text html
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 62(a).
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Set, second hearing. Failed passage in committee. (Ayes 4. Noes 2. Page 2685.)
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Set for hearing January 19.
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Placed on APPR. suspense file.
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Set for hearing January 17.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 2648.) (January 11). Re-referred to Com. on APPR.
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Re-referred to Com. on HEALTH.
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Re-referred to Com. on RLS.
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Withdrawn from committee.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 3. Page 2639.) (January 11). Re-referred to Com. on APPR.
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Set for hearing January 11 in HEALTH pending receipt.
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Set for hearing January 11.
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Re-referred to Coms. on GOV. & F. and HEALTH.
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Re-referred to Com. on RLS.
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Withdrawn from committee.
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(Corrected January 4.)
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
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Set for hearing January 11.
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Hearing postponed by committee.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
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Set for hearing May 4.
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Set, first hearing. Hearing canceled at the request of author.
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Set for hearing April 27.
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Hearing postponed by committee.
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Set for hearing April 13.
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Referred to Com. on GOV. & F.
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From printer. May be acted upon on or after March 18.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Hill · Cosponsor
- Stephen C. Padilla · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No
Sponsors (1)
- Padilla, Stephen C. Democratic
Co-sponsors (1)
- Hill
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 3 |
| Total | 4 | 2 | 0 | 3 |
| % of votes cast | 44% | 22% | 0% | 33% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Runner | — | Not Voting |
| Lieu | — | Not Voting |
| Price | — | Not Voting |
| Steinberg | — | Yea |
| Walters | — | Nay |
| Alquist | — | Yea |
| Kehoe | — | Yea |
| Pavley | — | Yea |
| Emmerson | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Runner | — | Not Voting |
| Alquist | — | Yea |
| Pavley | — | Yea |
| Price | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Yea |
| Kehoe | — | Yea |
| Lieu | — | Yea |
| Emmerson | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Fuller | — | Nay |
| Hernandez | — | Yea |
| Kehoe | — | Yea |
| Liu | — | Not Voting |
| Huff | — | Nay |
| Wolk | — | Yea |
| DeSaulnier | — | Yea |
| La Malfa | — | Nay |
Subjects
Frequently asked questions
- What does SB 331 do?
- The Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarette and tobacco products in this state, and specifies instances when the board is not required to issue a license. Existing law requires an application for a license to be filed on or before April 15, 2004. Existing law makes it a misdemeanor to sign the application if the signer knows the application has false statements. Existing law, the Stop Tobacco Access to Kids Enforcement Act, or STAKE Act, establishes various requirements for retailers relating to tobacco sales to minors. This bill would make the location of a retail location within 600 feet of a public or private elementary or secondary school on or after January 1, 2013, a violation of the STAKE Act, and would prohibit the issuance of a license for a retail location that is located within 600 feet of a public or private elementary or secondary school on or after January 1, 2013. This bill would require the application to include a statement regarding the location. This bill would require the board to cancel licenses for retail locations issued on or after January 1, 2013, if these licenses were wrongfully issued, as specified, would delete the April 15, 2004, application deadline, and would make conforming changes. By changing the definition of a 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 331?
- SB 331 is sponsored by Hill and Padilla, Stephen C. (Democratic).
- What is the current status of SB 331?
- This bill died with 2011-2012 Regular Session. It reached “In Committee” 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 331?
- Track SB 331 free on One Click Politics — get push/email alerts when it moves.
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