SB 5 — Electronic cigarettes.

Summary

Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products to a person under 18 years of age. Existing law permits enforcing agencies to assess various civil penalties for violations of the STAKE Act. Existing law makes it a crime to furnish tobacco products to a person under 18 years of age. Existing law also prohibits a person from selling or otherwise furnishing an electronic cigarette to a person under 18 years of age, and makes a violation punishable as an infraction. This bill would define the term "smoking" for purposes of the STAKE Act. The bill would also change the STAKE Act's definition of "tobacco products" to include electronic devices, such as electronic cigarettes, that deliver nicotine or other vaporized liquids, and make furnishing the tobacco product to a minor a misdemeanor. Existing law, the Cigarette and Tobacco Products Tax Law, imposes a tax on the distribution of cigarettes and tobacco products at specified rates, and defines tobacco products for those purposes. Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires the State Board of Equalization to administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products, as defined. Under existing law, a violation of this act is a misdemeanor. Existing law requires a retailer to have in place and maintain a license to engage in the sale of cigarettes or tobacco products, as defined, and prescribes procedures for the issuance of and grounds for revocation or suspension of a license. Existing law requires a retailer who seeks to obtain a license to engage in the sale of cigarettes and tobacco products to pay a one-time license fee of $100, as specified. Existing law authorizes the State Board of Equalization or a law enforcement agency that discovers that a retailer or other person possesses, stores, owns, or has made a retail sale of tobacco products on which a tax is due but has not been paid to seize those products, and deems those products forfeited, as specified. This bill would include in the definition of tobacco products for the purposes of those provisions relating to licenses for retailers the STAKE Act's new definition of tobacco products. The bill would impose a specified fee on retailers, to be submitted with each license or renewal application for the sale or distribution of tobacco products that are not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law, unless the retailer is already in possession of a valid license to sell cigarette and tobacco products that are subject to that tax. The bill would include the STAKE Act's new definition of tobacco products in the provision authorizing seizure of tobacco products described above. The bill would make these provisions operative on January 1, 2017. Existing law makes it a crime for a person or entity to engage in the business of selling cigarettes or tobacco products without a valid license or after a license has been suspended or revoked, as specified. Existing law also makes it a crime for a person to continue selling or gifting cigarettes or tobacco products without a valid license or after a notification of suspension or revocation, as specified. This bill would include in the definition of tobacco products for the purposes of those provisions the STAKE Act's new definition of tobacco products. The bill would require all cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging, as prescribed. The bill would make these provisions operative on October 1, 2016. Existing law prohibits the smoking of cigarettes and other tobacco products in a variety of specified areas. Under existing law, a violation of some of these prohibitions is punishable as an infraction. This bill would change the location restrictions for smoking cigarettes and other tobacco products to reflect the STAKE Act's definitions of smoking and tobacco products. The bill would make the use of electronic cigarettes in some of these restricted locations a violation punishable as an infraction. Existing law prohibits the smoking of medical marijuana in any place where smoking is prohibited by law. This bill would declare that its provisions do not affect any law or regulation regarding medical marijuana. This bill would incorporate additional changes to Section 6404.5 of the Labor Code proposed by certain bills in the 2nd Extraordinary Session of the 2015–16 Legislative Session that would become operative if this bill and those bills are enacted, as specified, and this bill is enacted last. 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 7 and AB 8 of the 2015–16 2nd Extraordinary Session of the Legislature. Those other bills would prohibit selling, advertising, or furnishing tobacco products to, or the purchasing of tobacco products by, persons under 21 years of age. 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 a crime, 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

• Chaptered 05/04/16 - Chaptered Current pdf May 04, 2016
• Enrolled 04/19/16 - Enrolled pdf April 19, 2016
• Amended 03/02/16 - Amended Assembly pdf March 02, 2016
• Amended 02/29/16 - Amended Assembly pdf February 29, 2016
• Amended 08/26/15 - Amended Senate pdf August 26, 2015
• Introduced 07/16/15 - Introduced pdf July 16, 2015
• SB5 View text html

Action History

1. May 04, 2016

   Chaptered by Secretary of State. Chapter 7, Statutes of 2015-16 Second Extraordinary Session.

2. May 04, 2016

   Approved by the Governor.

3. April 22, 2016

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

4. March 10, 2016

   Assembly amendments concurred in. (Ayes 26. Noes 11.) Ordered to engrossing and enrolling.

5. March 03, 2016

   In Senate. Concurrence in Assembly amendments pending.

6. March 03, 2016

   Read third time. Passed. (Ayes 52. Noes 25. Page 178.) Ordered to the Senate.

7. March 03, 2016

   Assembly Rule 63 suspended.

8. March 03, 2016

   Ordered to third reading.

9. March 03, 2016

   Withdrawn from committee.

10. March 03, 2016

    Assembly Rule 96 suspended.

11. March 02, 2016

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

12. February 29, 2016

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

13. February 29, 2016

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

14. August 27, 2015

    In Assembly. Read first time. Held at Desk.

15. August 27, 2015

    Read third time. Passed. (Ayes 25. Noes 13. Page 52.) Ordered to the Assembly.

16. August 26, 2015

    Read second time and amended. Ordered to third reading.

17. August 25, 2015

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

18. August 21, 2015

    Set for hearing August 24.

19. August 19, 2015

    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. August 13, 2015

    Set for hearing August 19.

21. July 17, 2015

    From printer.

22. July 16, 2015

    To print.

23. July 16, 2015

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

Sponsors

• Pavley · Cosponsor
• Pan · Cosponsor
• Mike McGuire · Cosponsor
• Liu · Cosponsor
• Leno · Primary
• Hernandez · Cosponsor
• Beall · Cosponsor
• Mitchell · Cosponsor

Votes

Subjects