California 2015-2016 Regular Session Status: Passed Assembly 1 D cosponsors

AB 1396 — Public health finance.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 would require moneys collected and deposited in the California Tobacco Tax Act of 2015 Fund from an additional tax to be imposed on the distribution of cigarettes, a related floor stock tax, and a cigarette indicia adjustment tax to be transferred from that fund to the California Children and Families Trust Fund, which is a continuously appropriated fund, thereby making an appropriation, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund, as necessary to offset revenue decreases to those funds directly resulting from additional taxes to be imposed. This bill would also make funds of accounts in the California Tobacco Tax Act of 2015 Fund available to specified state entities upon appropriation by the Legislature to supplement tobacco prevention and control programs, to improve existing programs to provide quality and access to health care programs for families and children, and to supplement funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products, as specified. This bill would require the Department of Justice, the State Department of Public Health, the State Department of Education, the State Department of Health Care Services, and would request the Regents of the University of California, annually to publish an accounting of moneys received from the fund on their respective Internet Web sites. This bill would become operative only if SB 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Article IV, Sec. 10(c) of the Constitution.

  3. Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.

  4. Ordered to third reading.

  5. From inactive file.

  6. Assembly Rule 78 suspended. (Ayes 51. Noes 25. Page 2938.)

  7. Ordered to inactive file at the request of Assembly Member Bonta.

  8. Read third time and amended. Ordered to third reading. (Ayes 48. Noes 28. Page 1883.)

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered returned to second reading.

  11. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  12. In committee: Set, first hearing. Referred to APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 5.) (April 21). Re-referred to Com. on APPR.

  14. Re-referred to Com. on HEALTH.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  16. Referred to Com. on HEALTH.

  17. Read first time.

  18. From printer. May be heard in committee March 31.

  19. Introduced. To print.

Sponsors

  • Pan · Cosponsor
  • Wood · Cosponsor
  • Mia Bonta · Primary

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (2)

  • Pan
  • Wood

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

AB 1396 BONTA Assembly Third Reading Amend By BONTA Set #1

Passed 48 Yea · 28 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 452104
Democratic 3100
Republican 0600
Total 482804
% of votes cast 60%35%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Baker — Nay
Brough — Not Voting
Brown — Yea
Jones-Sawyer — Not Voting
Levine — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
Melendez — Nay
O'Donnell — Yea
Perea — Yea
Ridley-Thomas — Yea
Thurmond — Not Voting
Weber — Yea
Wood — Not Voting
Chau — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Burke — Yea
Frazier — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Harper — Nay
Holden — Yea
Lopez — Yea
Mayes — Nay
McCarty — Yea
Atkins — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Alejo — Yea
Bloom — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Dababneh — Yea
Dodd — Yea
Obernolte — Nay
Olsen — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Wagner — Nay
Williams — Yea
Chang — Nay
Hadley — Nay
Bigelow — Nay
Kim — Nay
Linder — Nay
Steinorth — Nay
Waldron — Nay
Wilk — Nay
Gonzalez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 10300
Republican 0200
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Quirk — Yea
Eggman — Yea
Gomez — Yea
Chang — Nay
Gordon — Yea
Daly — Yea
Bigelow — Nay
Holden — Yea
Rendon — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

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

Passed 13 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 11401
Republican 1100
Total 13501
% of votes cast 68%26%0%5%
How each member voted (19)
Member Party Vote
Maienschein — Nay
Ridley-Thomas — Not Voting
Santiago — Yea
Wood — Yea
Gomez — Yea
Burke — Yea
Bonilla — Yea
Chiu — Yea
Chávez — Nay
Nazarian — Yea
Rodriguez — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Nay
Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Subjects

taxation healthcare
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Frequently asked questions

What does AB 1396 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 would require moneys collected and deposited in the California Tobacco Tax Act of 2015 Fund from an additional tax to be imposed on the distribution of cigarettes, a related floor stock tax, and a cigarette indicia adjustment tax to be transferred from that fund to the California Children and Families Trust Fund, which is a continuously appropriated fund, thereby making an appropriation, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund, as necessary to offset revenue decreases to those funds directly resulting from additional taxes to be imposed. This bill would also make funds of accounts in the California Tobacco Tax Act of 2015 Fund available to specified state entities upon appropriation by the Legislature to supplement tobacco prevention and control programs, to improve existing programs to provide quality and access to health care programs for families and children, and to supplement funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products, as specified. This bill would require the Department of Justice, the State Department of Public Health, the State Department of Education, the State Department of Health Care Services, and would request the Regents of the University of California, annually to publish an accounting of moneys received from the fund on their respective Internet Web sites. This bill would become operative only if SB 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1396?
AB 1396 is sponsored by Pan, Wood, and Bonta, Mia (Democratic).
What is the current status of AB 1396?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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 AB 1396?
Track AB 1396 free on One Click Politics — get push/email alerts when it moves.

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