California 2019-2020 Regular Session Status: Passed Senate

SB 424 — Tobacco products: single-use and multiuse components.

Last action — Referred to Coms. on G.O. and HEALTH.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) Under existing law, the Stop Tobacco Access to Kids Enforcement Act, an enforcing agency, as defined, may assess civil penalties against any person, firm, or corporation that sells, gives, or furnishes specified tobacco and cigarette related items, including cigarette papers, to a person who is under 21 years of age, except as specified. The existing civil penalties range from $400 to $600 for a first violation, up to $5,000 to $6,000 for a 5th violation within a 5-year period. Existing law prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 years of age through the United States Postal Service or other public or private postal or package delivery service. Under existing law, a district attorney, city attorney, or the Attorney General may assess civil penalties against a violator of not less than $1,000 or more than $2,000 for the first violation and up to $10,000 for a 5th or subsequent violation within a 5-year period. Under existing law, every person, firm, or corporation that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or furnishes a cigarette, among other specified items, to another person who is under 21 years of age is, except as specified, subject to either a criminal action for a misdemeanor or to a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of $200 for the first offense, $500 for the 2nd offense, and $1,000 for the 3rd offense. This bill would prohibit a person or entity from selling, giving, or furnishing to another person of any age in this state a cigarette utilizing a single-use filter made of any material, an attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product, and a single-use electronic cigarette or vaporizer device. The bill would prohibit that selling, giving, or furnishing, whether conducted directly or indirectly through an in-person transaction, or by means of any public or private method of shipment or delivery to an address in this state. This bill would authorize a city attorney, county counsel, or district attorney to assess a $500 civil fine against each person determined to have violated those prohibitions in a proceeding conducted pursuant to the procedures of the enforcing agency, as specified. (2) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use carryout bags and single-use plastic straws. This bill would require the manufacturer of a tobacco product to use materials eligible for recycling under state or local recycling programs, including electronic waste recycling programs, in existence as of January 1, 2020, to make any reusable component of the tobacco product, or, alternatively, if certain conditions are met, to collect reusable components that are not eligible for recycling through a take-back or mail-back program, as provided. The bill would define "reusable component" to mean a multiuse cigarette filter or a multiuse electronic cigarette that is designed to work for at least one year with daily use. The bill would require a manufacturer to collect reusable components that are household hazardous waste, as defined, and send those components to the appropriate recycler, or to reimburse household hazardous waste collection facilities, as defined, for the costs of collecting and recycling those reusable components. The bill would authorize the department to impose an administrative penalty, as provided, on a manufacturer that is in violation of these provisions. The bill would authorize the department to collect a fee that does not exceed the reasonable regulatory costs of enforcing and administering these provisions from the manufacturer of a tobacco product with a reusable component, and to adopt regulations to implement these provisions.

Bill Text

Action History

  1. Referred to Coms. on G.O. and HEALTH.

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

  3. Read third time. Passed. (Ayes 25. Noes 10. Page 1270.) Ordered to the Assembly.

  4. Read second time. Ordered to third reading.

  5. Read second time and amended. Ordered to second reading.

  6. From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1099.) (May 16).

  7. Set for hearing May 16.

  8. May 13 hearing: Placed on APPR. suspense file.

  9. Set for hearing May 13.

  10. Re-referred to Com. on APPR.

  11. Withdrawn from committee.

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1. Page 843.) (April 24). Re-referred to Com. on JUD.

  13. Set for hearing April 24.

  14. Read second time and amended. Re-referred to Com. on EQ.

  15. From committee: Do pass as amended and re-refer to Com. on EQ. (Ayes 7. Noes 1. Page 715.) (April 10).

  16. Set for hearing April 10.

  17. Re-referred to Coms. on HEALTH, EQ., and JUD.

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

  19. Referred to Com. on RLS.

  20. From printer. May be acted upon on or after March 24.

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

Sponsors

  • Jackson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Jackson

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

3rd Reading

Passed 25 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17802
Democratic 8001
Republican 0200
Total 251003
% of votes cast 66%26%0%8%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Roth — Not Voting
Atkins — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Environmental Quality]

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5100
Democratic 2000
Republican 0001
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Rubio — Yea
Monning — Yea
Mitchell — Yea
Pan — Yea
Leyva — Yea
Mark Stone — Nay
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Grove, Shannon Republican Not Voting

Official roll call →

Subjects

public-safety environment health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 424 do?
(1) Under existing law, the Stop Tobacco Access to Kids Enforcement Act, an enforcing agency, as defined, may assess civil penalties against any person, firm, or corporation that sells, gives, or furnishes specified tobacco and cigarette related items, including cigarette papers, to a person who is under 21 years of age, except as specified. The existing civil penalties range from $400 to $600 for a first violation, up to $5,000 to $6,000 for a 5th violation within a 5-year period. Existing law prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 years of age through the United States Postal Service or other public or private postal or package delivery service. Under existing law, a district attorney, city attorney, or the Attorney General may assess civil penalties against a violator of not less than $1,000 or more than $2,000 for the first violation and up to $10,000 for a 5th or subsequent violation within a 5-year period. Under existing law, every person, firm, or corporation that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or furnishes a cigarette, among other specified items, to another person who is under 21 years of age is, except as specified, subject to either a criminal action for a misdemeanor or to a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of $200 for the first offense, $500 for the 2nd offense, and $1,000 for the 3rd offense. This bill would prohibit a person or entity from selling, giving, or furnishing to another person of any age in this state a cigarette utilizing a single-use filter made of any material, an attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product, and a single-use electronic cigarette or vaporizer device. The bill would prohibit that selling, giving, or furnishing, whether conducted directly or indirectly through an in-person transaction, or by means of any public or private method of shipment or delivery to an address in this state. This bill would authorize a city attorney, county counsel, or district attorney to assess a $500 civil fine against each person determined to have violated those prohibitions in a proceeding conducted pursuant to the procedures of the enforcing agency, as specified. (2) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use carryout bags and single-use plastic straws. This bill would require the manufacturer of a tobacco product to use materials eligible for recycling under state or local recycling programs, including electronic waste recycling programs, in existence as of January 1, 2020, to make any reusable component of the tobacco product, or, alternatively, if certain conditions are met, to collect reusable components that are not eligible for recycling through a take-back or mail-back program, as provided. The bill would define "reusable component" to mean a multiuse cigarette filter or a multiuse electronic cigarette that is designed to work for at least one year with daily use. The bill would require a manufacturer to collect reusable components that are household hazardous waste, as defined, and send those components to the appropriate recycler, or to reimburse household hazardous waste collection facilities, as defined, for the costs of collecting and recycling those reusable components. The bill would authorize the department to impose an administrative penalty, as provided, on a manufacturer that is in violation of these provisions. The bill would authorize the department to collect a fee that does not exceed the reasonable regulatory costs of enforcing and administering these provisions from the manufacturer of a tobacco product with a reusable component, and to adopt regulations to implement these provisions.
Who sponsors SB 424?
SB 424 is sponsored by Jackson.
What is the current status of SB 424?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” 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 424?
Track SB 424 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 424

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 424

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →