California 2015-2016 Regular Session Status: In Committee

SB 591 — Cigarette and tobacco products taxes: California Tobacco Tax Act of 2015.

Last action — Died on file pursuant to Joint Rule 56.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Children and Families Act of 1998 (Proposition 10) . This bill, beginning January 1, 2016, would impose an additional tax on the distribution of cigarettes at the rate of $0.10 for each cigarette distributed, which would be $2.00 per pack; would require a dealer and a wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in its possession or under its control on that date, and impose a related floor stock tax; and would require a licensed cigarette distributor to file a return with the board and pay a cigarette indicia adjustment tax at the rate equal to the difference between the existing tax rate and the tax rate imposed by this bill for cigarette tax stamps in its possession or under its control on that date. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. The bill would provide that the revenues collected from the additional tax be deposited in the California Tobacco Tax Act of 2015 Fund created by this bill, and transferred into accounts within that fund, which are created by this bill, the Tobacco Prevention and Education Account, the Tobacco Disease Related Health Care Account, and the Tobacco Law Enforcement Account. The bill would provide that revenue from this tax would not be considered General Fund revenue, and would limit the use or loan of those revenues, as provided. Because this bill would impose new requirements under the Cigarette and Tobacco Products Tax Law, the violation of which is a crime, it 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. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would become operative only if AB 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.

Bill Text

Action History

  1. Died on file pursuant to Joint Rule 56.

  2. Ordered to inactive file on request of Senator Pan.

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

  4. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1157.) (May 28).

  5. Set for hearing May 28.

  6. May 11 hearing: Placed on APPR. suspense file.

  7. Set for hearing May 11.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 861.) (April 29). Re-referred to Com. on APPR.

  9. Set for hearing April 29.

  10. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 5. Noes 2. Page 725.) (April 22). Re-referred to Com. on HEALTH.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  12. Set for hearing April 22.

  13. April 8 set for first hearing canceled at the request of author.

  14. Set for hearing April 8.

  15. Referred to Coms. on GOV. & F. and HEALTH.

  16. From printer. May be acted upon on or after March 29.

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

Sponsors

  • Bonta · Cosponsor
  • Pan · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

  • Pan

Co-sponsors (1)

  • Bonta

Not signed on (120)

120 members have not signed on to this bill.

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"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

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Nay
Leyva — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

Subjects

taxation health-insurance
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Frequently asked questions

What does SB 591 do?
The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Children and Families Act of 1998 (Proposition 10) . This bill, beginning January 1, 2016, would impose an additional tax on the distribution of cigarettes at the rate of $0.10 for each cigarette distributed, which would be $2.00 per pack; would require a dealer and a wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in its possession or under its control on that date, and impose a related floor stock tax; and would require a licensed cigarette distributor to file a return with the board and pay a cigarette indicia adjustment tax at the rate equal to the difference between the existing tax rate and the tax rate imposed by this bill for cigarette tax stamps in its possession or under its control on that date. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. The bill would provide that the revenues collected from the additional tax be deposited in the California Tobacco Tax Act of 2015 Fund created by this bill, and transferred into accounts within that fund, which are created by this bill, the Tobacco Prevention and Education Account, the Tobacco Disease Related Health Care Account, and the Tobacco Law Enforcement Account. The bill would provide that revenue from this tax would not be considered General Fund revenue, and would limit the use or loan of those revenues, as provided. Because this bill would impose new requirements under the Cigarette and Tobacco Products Tax Law, the violation of which is a crime, it 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. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would become operative only if AB 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.
Who sponsors SB 591?
SB 591 is sponsored by Bonta and Pan.
What is the current status of SB 591?
This bill died with 2015-2016 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 591?
Track SB 591 free on One Click Politics — get push/email alerts when it moves.

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