California 2015-2016, 2nd Special Session Status: Enacted 2 D cosponsors

SB 7 — Tobacco products: minimum legal age.

Last action — Chaptered by Secretary of State. Chapter 8, Statutes of 2015-16 Second Extraordinary Session.

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

This bill has been enacted into law. Introduced July 16, 2015. Enacted.

Prognosis

Likely to advance 66% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Mixed recorded votes

    10 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, establishes various requirements for distributors and retailers relating to tobacco sales to minors. Existing law prohibits the furnishing of tobacco products to, and the purchase of tobacco products by, a person under 18 years of age. Under existing law, a person is prohibited from making various promotional or advertising offers of smokeless tobacco products without taking actions to ensure that the product is not available to persons under 18 years of age. Existing law also requires the State Department of Public Health to conduct random, onsite sting inspections of tobacco product retailers with the assistance of persons under 18 years of age. Existing law, the STAKE Act, authorizes an enforcing agency to assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 18 years of age, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, according to a specified schedule. Existing law also makes 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 in any way furnishes to another person who is under 18 years of age any tobacco, cigarette, cigarette papers, blunts wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, 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, as specified. This bill would extend the applicability of those provisions to persons under 21 years of age. The bill would authorize the State Department of Public Health to conduct random, onsite sting inspections of tobacco product retailers with the assistance of persons under 21 years of age. The bill would also provide that the STAKE Act does not invalidate existing local government ordinances or prohibit the adoption of local government ordinances requiring a more restrictive legal age to purchase or possess tobacco products. This bill would make the civil and criminal penalties described above inapplicable if the person being furnished the product is active duty military personnel who is 18 years of age or older, as confirmed by a military identification card. Existing law makes it a crime, punishable by a fine of $75 or 30 hours of community service work, for a person under 18 years of age to purchase, receive, or possess certain tobacco products. Existing law requires 25% of certain fines to be paid to the city or county for the administration and cost of that community service work component. Existing law immunizes a person under 18 years of age from prosecution for those actions when they were taken while participating in specified enforcement activities. This bill would delete those provisions. This bill would incorporate additional changes to Section 22958 of the Business and Professions Code and Section 308 of the Penal Code proposed by SB 5 and AB 6 of the 2015–16 2nd Extraordinary Session of the Legislature. Those other bills would include an electronic device that delivers nicotine or other vaporized liquids in the definition of a tobacco product. If this bill and those bills are enacted, as specified, and this bill is enacted last, then this bill would prohibit selling, advertising, or furnishing an electronic device that delivers nicotine or other vaporized liquids, as specified, to persons under 21 years of age. By expanding the scope of existing crimes, the 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

Action History

  1. Chaptered by Secretary of State. Chapter 8, Statutes of 2015-16 Second Extraordinary Session.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 9:30 a.m.

  4. Assembly amendments concurred in. (Ayes 26. Noes 10.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 49. Noes 25. Page 175.) Ordered to the Senate.

  7. Assembly Rule 63 suspended.

  8. Ordered to third reading.

  9. Withdrawn from committee.

  10. Assembly Rule 96 suspended.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.H. & D.S.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.H. & D.S.

  13. Referred to Com. on P.H. & D.S.

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

  15. Read third time. Passed. (Ayes 25. Noes 11. Page 51.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 5. Noes 2. Page 37.) (August 24).

  18. Set for hearing August 24.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3. Page 28.) (August 19). Re-referred to Com. on APPR.

  20. Set for hearing August 19.

  21. From printer.

  22. To print.

  23. Introduced. Read first time. Referred to Com. on P.H. & D.S.

Sponsors

  • Wood · Cosponsor
  • Mike McGuire · Cosponsor
  • Leno · Cosponsor
  • Hernandez · Primary
  • Block · Cosponsor
  • Mitchell · Cosponsor
  • Benjamin Allen · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on · 17 voted No

Sponsors (1)

  • Hernandez

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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, but first amend, and re-refer to the Committee on [Appropriations]

Passed 6 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 2000
Republican 0200
Total 6200
% of votes cast 75%25%0%0%
How each member voted (8)
Member Party Vote
Glazer — Yea
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Do pass, but first be re-referred to the Committee on [Rules]

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7001
Unaffiliated 1000
Republican 0101
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Not Voting
Seyarto, Kelly Republican Nay

Official roll call →

Unfinished Business SB7 Hernandez Concurrence

Passed 26 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 241003
Democratic 2001
Total 261004
% of votes cast 65%25%0%10%
How each member voted (40)
Member Party Vote
Fuller — Nay
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Block — Yea
Mendoza — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Cannella — Nay
Galgiani — Nay
Runner — Nay
Hueso — Yea
Bates — Nay
Moorlach — Nay
Morrell — Nay
Vidak — Nay
Huff — Not Voting
Anderson — Nay
Beall — Yea
Hill — Yea
Leyva — Yea
Monning — Yea
Nielsen — Not Voting
Beth Gaines — Not Voting
Bill Berryhill — Nay
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting

Official roll call →

SB 7 Hernandez Senate Third Reading By WOOD Move Previous Question By CALDERON

Passed 49 Yea · 26 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 452103
Democratic 4000
Republican 0501
Total 492604
% of votes cast 62%33%0%5%
How each member voted (79)
Member Party Vote
Burke — Yea
Chau — Yea
Eggman — Yea
Cooley — Yea
Daly — Yea
Frazier — Not Voting
Campos — Yea
Salas — Yea
Bonilla — Yea
Gatto — Yea
Gonzalez — Yea
Holden — Yea
Low — Yea
McCarty — Yea
Lopez — Yea
Mullin — Yea
Nazarian — Yea
Rendon — Yea
Ridley-Thomas — Yea
Bloom — Yea
Chiu — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Chu — Yea
Levine — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Atkins — Yea
Chang — Nay
Gray — Not Voting
Chávez — Nay
Hadley — Nay
Harper — Nay
Baker — Nay
Bigelow — Nay
Kim — Nay
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Olsen — Nay
Steinorth — Nay
Wagner — Nay
Waldron — Not Voting
Wilk — Nay
Gomez — Yea
Gordon — Yea
Achadjian — Nay
Alejo — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Linder — Nay
Maienschein — Nay
Mathis — Nay
Medina — Yea
O'Donnell — Yea
Quirk — Yea
Santiago — Yea
Williams — 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 Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

SB 7 Hernandez Senate Third Reading By WOOD Motion to Appeal the Decision of the Chair By BAKER

Passed 49 Yea · 26 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 452103
Democratic 4000
Republican 0501
Total 492604
% of votes cast 62%33%0%5%
How each member voted (79)
Member Party Vote
Eggman — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Burke — Yea
Campos — Yea
Chau — Yea
Chiu — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Atkins — Yea
Low — Yea
Chu — Yea
Cooley — Yea
Dodd — Yea
McCarty — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Ting — Yea
Williams — Yea
Gray — Not Voting
Chang — Nay
Chávez — Nay
Frazier — Not Voting
Hadley — Nay
Harper — Nay
Kim — Nay
Baker — Nay
Linder — Nay
Maienschein — Nay
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Olsen — Nay
Steinorth — Nay
Wagner — Nay
Waldron — Not Voting
Wilk — Nay
Gatto — Yea
Gonzalez — Yea
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Levine — Yea
Mathis — Nay
Medina — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Weber — Yea
Wood — 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 Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

SB 7 Hernandez Senate Third Reading By WOOD Motion to Adjourn By GALLAGHER

Failed 26 Yea · 49 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 214503
Republican 5001
Democratic 0400
Total 264904
% of votes cast 33%62%0%5%
How each member voted (79)
Member Party Vote
Eggman — Nay
Daly — Nay
Chávez — Yea
Chang — Yea
Mayes — Yea
Melendez — Yea
Obernolte — Yea
Wagner — Yea
Wilk — Yea
Campos — Nay
Cooper — Nay
Salas — Nay
Bonilla — Nay
Gatto — Nay
Jones-Sawyer — Nay
Kim — Yea
Linder — Yea
Medina — Nay
Mullin — Nay
Nazarian — Nay
O'Donnell — Nay
Rendon — Nay
Steinorth — Yea
Frazier — Not Voting
Gomez — Nay
Lopez — Nay
Gonzalez — Nay
Gordon — Nay
Holden — Nay
Atkins — Nay
Levine — Nay
Gray — Not Voting
Burke — Nay
McCarty — Nay
Chau — Nay
Chiu — Nay
Chu — Nay
Cooley — Nay
Dababneh — Nay
Dodd — Nay
Quirk — Nay
Ridley-Thomas — Nay
Rodriguez — Nay
Santiago — Nay
Thurmond — Nay
Ting — Nay
Waldron — Not Voting
Weber — Nay
Wood — Nay
Hadley — Yea
Achadjian — Yea
Alejo — Nay
Baker — Yea
Bigelow — Yea
Bloom — Nay
Brough — Yea
Brown — Nay
Harper — Yea
Low — Nay
Maienschein — Yea
Mathis — Yea
Olsen — Yea
Williams — Nay
Beth Gaines — Yea
Cristina Garcia — Nay
Eduardo Garcia — Nay
Mark Stone — Nay
Roger Hernández — Nay
Travis Allen — Yea
Bonta, Mia Democratic Nay
Calderon, Lisa Democratic Nay
Gipson, Mike A. Democratic Nay
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

SB 7 Hernandez Senate Third Reading By WOOD

Passed 49 Yea · 25 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 452004
Democratic 4000
Republican 0501
Total 492505
% of votes cast 62%32%0%6%
How each member voted (79)
Member Party Vote
Campos — Yea
Eggman — Yea
Chu — Yea
Cooper — Yea
Dababneh — Yea
Low — Yea
Medina — Yea
O'Donnell — Yea
Bonilla — Yea
Gonzalez — Yea
Gordon — Yea
Lopez — Yea
Holden — Yea
Maienschein — Yea
McCarty — Yea
Mullin — Yea
Santiago — Yea
Burke — Yea
Atkins — Yea
Thurmond — Yea
Bloom — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Dodd — Yea
Williams — Yea
Bigelow — Nay
Chávez — Nay
Daly — Nay
Salas — Nay
Gray — Nay
Harper — Nay
Kim — Nay
Linder — Nay
Mayes — Nay
Obernolte — Nay
Olsen — Not Voting
Quirk — Yea
Steinorth — Nay
Wagner — Nay
Waldron — Not Voting
Wilk — Nay
Frazier — Not Voting
Gatto — Nay
Gomez — Yea
Hadley — Yea
Achadjian — Yea
Alejo — Not Voting
Baker — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Levine — Yea
Mathis — Nay
Melendez — Nay
Nazarian — Yea
Rendon — Yea
Ridley-Thomas — Nay
Rodriguez — Yea
Ting — Yea
Weber — Yea
Wood — 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 Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

3rd Reading

Passed 25 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 231103
Democratic 2001
Total 251104
% of votes cast 63%28%0%10%
How each member voted (40)
Member Party Vote
Fuller — Nay
Galgiani — Not Voting
Glazer — Yea
Cannella — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Runner — Nay
Anderson — Nay
Hueso — Yea
Lara — Yea
Monning — Yea
Moorlach — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
Bates — Nay
Hertzberg — Not Voting
Hall — Yea
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Huff — Nay
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Morrell — Nay
Nielsen — Nay
Vidak — Nay
Wieckowski — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting

Official roll call →

Do pass

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
Lara — Yea
Bates — Nay
Mendoza — Yea
Nielsen — Nay
Beall — Yea
Hill — Yea
Leyva — Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8301
Democratic 1000
Total 9301
% of votes cast 69%23%0%8%
How each member voted (13)
Member Party Vote
Mitchell — Yea
Hernandez — Yea
Anderson — Not Voting
Beall — Yea
Monning — Yea
Nielsen — Nay
Pan — Yea
Wolk — Yea
Hall — Yea
Leno — Yea
Moorlach — Nay
Morrell — Nay
McGuire, Mike Democratic Yea

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

What does SB 7 do?
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, establishes various requirements for distributors and retailers relating to tobacco sales to minors. Existing law prohibits the furnishing of tobacco products to, and the purchase of tobacco products by, a person under 18 years of age. Under existing law, a person is prohibited from making various promotional or advertising offers of smokeless tobacco products without taking actions to ensure that the product is not available to persons under 18 years of age. Existing law also requires the State Department of Public Health to conduct random, onsite sting inspections of tobacco product retailers with the assistance of persons under 18 years of age. Existing law, the STAKE Act, authorizes an enforcing agency to assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 18 years of age, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, according to a specified schedule. Existing law also makes 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 in any way furnishes to another person who is under 18 years of age any tobacco, cigarette, cigarette papers, blunts wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, 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, as specified. This bill would extend the applicability of those provisions to persons under 21 years of age. The bill would authorize the State Department of Public Health to conduct random, onsite sting inspections of tobacco product retailers with the assistance of persons under 21 years of age. The bill would also provide that the STAKE Act does not invalidate existing local government ordinances or prohibit the adoption of local government ordinances requiring a more restrictive legal age to purchase or possess tobacco products. This bill would make the civil and criminal penalties described above inapplicable if the person being furnished the product is active duty military personnel who is 18 years of age or older, as confirmed by a military identification card. Existing law makes it a crime, punishable by a fine of $75 or 30 hours of community service work, for a person under 18 years of age to purchase, receive, or possess certain tobacco products. Existing law requires 25% of certain fines to be paid to the city or county for the administration and cost of that community service work component. Existing law immunizes a person under 18 years of age from prosecution for those actions when they were taken while participating in specified enforcement activities. This bill would delete those provisions. This bill would incorporate additional changes to Section 22958 of the Business and Professions Code and Section 308 of the Penal Code proposed by SB 5 and AB 6 of the 2015–16 2nd Extraordinary Session of the Legislature. Those other bills would include an electronic device that delivers nicotine or other vaporized liquids in the definition of a tobacco product. If this bill and those bills are enacted, as specified, and this bill is enacted last, then this bill would prohibit selling, advertising, or furnishing an electronic device that delivers nicotine or other vaporized liquids, as specified, to persons under 21 years of age. By expanding the scope of existing crimes, the 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 7?
SB 7 is sponsored by Wood, McGuire, Mike (Democratic), Leno, Hernandez, Block, Mitchell, and Allen, Benjamin (Democratic).
What is the current status of SB 7?
This bill has been enacted into law. Introduced July 16, 2015. Enacted.
Where can I track SB 7?
Track SB 7 free on One Click Politics — get push/email alerts when it moves.

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