California 2019-2020 Regular Session Status: To Executive 1 D cosponsors

SB 538 — Electronic cigarettes.

Last action — Veto sustained.

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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 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires the California Department of Tax and Fee Administration to administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products and requires every manufacturer and importer of cigarettes or tobacco products sold in the state to obtain and maintain a license to engage in the sale of cigarettes. Existing law requires cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging, as defined. This bill would require, commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state to submit a written physical description and a photograph of each type of electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the bill would require the manufacturer to submit the written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale. The bill would require the California Department of Tax and Fee Administration to share with the State Department of Public Health a list of manufacturers licensed to sell electronic cigarettes in California, and would require the State Department of Public Health to use the list to verify that manufacturers of electronic cigarettes comply with the bill's requirements. The bill would require the State Department of Public Health, commencing on July 1, 2020, to post the description and photograph of each electronic cigarette on its internet website, and would require the State Department of Public Health to coordinate with the State Department of Education to notify local educational agencies of that posting. The bill would require the State Department of Public Health to impose a fee on manufacturers of electronic cigarettes sold in the state in an amount to cover the reasonable costs to the State Department of Public Health and the State Department of Education to comply with the requirements of the bill. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Veto sustained.

  2. Stricken from file.

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

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 3 p.m.

  6. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2881.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Urgency clause adopted. Passed. (Ayes 77. Noes 0. Page 3321.) Ordered to the Senate.

  9. Ordered to third reading.

  10. Read third time and amended.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 18. Noes 0.) (August 30).

  13. Joint Rule 62(a) suspended.

  14. August 28 set for first hearing. Placed on APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (August 20). Re-referred to Com. on APPR.

  16. Read second time and amended. Re-referred to Com. on HEALTH.

  17. From committee: Do pass as amended and re-refer to Com. on HEALTH. (Ayes 20. Noes 0.) (July 10).

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

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

  20. Read third time. Urgency clause adopted. Passed. (Ayes 38. Noes 0. Page 1277.) Ordered to the Assembly.

  21. Ordered to special consent calendar.

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 6. Noes 0. Page 1102.) (May 16).

  24. Set for hearing May 16.

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

  26. Set for hearing May 13.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 904.) (May 1). Re-referred to Com. on APPR.

  28. Set for hearing May 1.

  29. April 24 hearing postponed by committee.

  30. Set for hearing April 24.

  31. Re-referred to Com. on HEALTH.

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

  33. Referred to Com. on RLS.

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

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

Sponsors

Sponsorship breakdown

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

Sponsors (1)

Co-sponsors (1)

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

Unfinished Business SB538 Rubio et al. Urgency Clause Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 10000
Republican 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. 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
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

SB 538 Rubio Third Reading Urgency By Eduardo Garcia

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 51001
Democratic 21001
Republican 5000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Kamlager-Dove — Yea
Medina — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Obernolte — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Fong — Yea
Kiley — Yea
Mayes — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Not Voting
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 13000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Fong — Yea
Brough — Yea
Obernolte — Yea
Maienschein — Yea
Bigelow — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 4000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Burke — Yea
Wood — Yea
Rodriguez — Yea
Santiago — Yea
Mayes — Yea
Bigelow — Yea
McCarty — Yea
Waldron — Yea
Nazarian — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Ramos, James C. Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Health]

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 2000
Democratic 7000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Salas — Yea
Brough — Yea
Mathis — Yea
Bigelow — Yea
Cooley — Yea
Gray — Yea
Daly — Yea
Jones-Sawyer — Yea
Cooper — Yea
Melendez — Yea
Low — Not Voting
Eduardo Garcia — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Special Consent (Urgency Clause)

Passed 38 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 9000
Republican 2000
Total 38000
% of votes cast 100%0%0%0%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
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 Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass

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 →

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 →

Subjects

public-safety taxation healthcare education
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Frequently asked questions

What does SB 538 do?
Existing law requires the California Department of Tax and Fee Administration to administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products and requires every manufacturer and importer of cigarettes or tobacco products sold in the state to obtain and maintain a license to engage in the sale of cigarettes. Existing law requires cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging, as defined. This bill would require, commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state to submit a written physical description and a photograph of each type of electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the bill would require the manufacturer to submit the written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale. The bill would require the California Department of Tax and Fee Administration to share with the State Department of Public Health a list of manufacturers licensed to sell electronic cigarettes in California, and would require the State Department of Public Health to use the list to verify that manufacturers of electronic cigarettes comply with the bill's requirements. The bill would require the State Department of Public Health, commencing on July 1, 2020, to post the description and photograph of each electronic cigarette on its internet website, and would require the State Department of Public Health to coordinate with the State Department of Education to notify local educational agencies of that posting. The bill would require the State Department of Public Health to impose a fee on manufacturers of electronic cigarettes sold in the state in an amount to cover the reasonable costs to the State Department of Public Health and the State Department of Education to comply with the requirements of the bill. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 538?
SB 538 is sponsored by Rubio, Susan (Democratic) and Eduardo Garcia.
What is the current status of SB 538?
This bill died with 2019-2020 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 538?
Track SB 538 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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