California 2015-2016, 2nd Special Session Status: To Executive 1 D cosponsors

AB 10 — Local taxes: authorization: cigarettes and tobacco products.

Last action — Vetoed by Governor.

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

This bill died with 2015-2016, 2nd Special 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Cigarette and Tobacco Products Tax Law imposes a tax on every distributor of cigarettes and tobacco products at specified rates. That law specifies that the taxes imposed by that law are in lieu of all other state, county, municipal, or district taxes on the privilege of distributing cigarettes or tobacco products. The California Constitution prohibits the Legislature from imposing taxes for local purposes, but allows the Legislature to authorize local governments to impose them. This bill would authorize, on and after January 1, 2017, the board of supervisors of a county or city and county to impose a tax on the privilege of distributing cigarettes and tobacco products in the county or city and county, including within an incorporated city within the county, and would make conforming changes. This bill would define "distributing" to mean making a sale of cigarettes or tobacco products in a county or city and county that has not been taxed by a cigarette or tobacco products tax ordinance of that county or city and county. This bill would authorize the board of supervisors of a county or city and county to enter into an agreement with another county or city and county to share any startup and ongoing administrative costs of a tax imposed pursuant to that authorization. This bill also would authorize the board of supervisors of a county or city and county to contract with the State Board of Equalization to perform functions incident to the administration or operation of the cigarette and tobacco products tax ordinance of the county, with reimbursement for costs incurred, and would require the State Board of Equalization to perform those functions pursuant to that contract. This bill also would require the State Board of Equalization to permit the examination of its records with respect to the tax imposed pursuant to the Cigarette and Tobacco Products Tax Law upon request by a county or city and county officer or employee to the extent necessary for the proper administration of that local cigarette and tobacco products tax, and authorizes the State Board of Equalization to require reimbursement. The bill would make knowingly accessing, using, or disclosing that confidential information without authorization a crime, thereby imposing 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. Vetoed by Governor.

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

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 14. Page 116.).

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 5. Noes 2.) (March 8).

  7. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (March 7). Re-referred to Com. on APPR.

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

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 27. Page 179.)

  11. Assembly Rule 63 suspended. (Ayes 48. Noes 26. Page 178.)

  12. Assembly Rule 69 suspended. (Ayes 48. Noes 26. Page 178.)

  13. Read third time and amended. Ordered to third reading. (Page 178.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 9. Noes 4.) (August 25).

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

  17. From printer.

  18. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 11 voted No

Sponsors (1)

  • Bloom

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

3rd Reading AB10 Bloom By McGuire

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Democratic 2100
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Fuller — Nay
Galgiani — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Nay
Cannella — Nay
Hall — Yea
Hancock — Yea
Bates — Nay
Block — Yea
Hernandez — Yea
Hertzberg — Not Voting
Huff — Not Voting
Lara — Yea
Leyva — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Roth — Nay
Wieckowski — Yea
Glazer — Yea
Anderson — Nay
Beall — Yea
Hill — Yea
Hueso — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Not Voting
Pavley — Yea
Vidak — Nay
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

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
De León — Yea
Bates — Nay
Lara — Yea
Mendoza — Yea
Nielsen — Nay
Beall — Yea
Hill — 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
Moorlach — Not Voting
Nielsen — Nay
Pan — Yea
Wolk — Yea
Hall — Yea
Anderson — Nay
Beall — Yea
Leno — Yea
Monning — Yea
Morrell — Nay
McGuire, Mike Democratic Yea

Official roll call →

AB 10 BLOOM Assembly Third Reading Motion to Appeal the Decision of the Chair By GALLAGHER

Passed 48 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 442104
Democratic 4000
Republican 0501
Total 482605
% of votes cast 61%33%0%6%
How each member voted (79)
Member Party Vote
Eggman — Yea
Chávez — Nay
Daly — Yea
Frazier — Not Voting
Campos — Yea
Gatto — Yea
Cooper — Yea
Salas — Yea
Bonilla — Yea
Gonzalez — Yea
Lopez — Yea
Alejo — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Atkins — Yea
Hadley — Nay
Holden — Not Voting
Burke — Yea
Levine — Yea
Linder — Nay
Chang — Nay
Gray — Not Voting
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Not Voting
Weber — Yea
Wilk — Nay
Wood — Yea
Gomez — Yea
Gordon — Yea
Achadjian — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Nay
Jones-Sawyer — Yea
Kim — Nay
Low — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Rendon — Yea
Ting — Yea
Wagner — Nay
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 →

AB 10 BLOOM Assembly Third Reading

Passed 46 Yea · 27 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 432105
Democratic 3100
Republican 0501
Total 462706
% of votes cast 58%34%0%8%
How each member voted (79)
Member Party Vote
Eggman — Yea
Dababneh — Yea
Daly — Not Voting
Burke — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Hadley — Nay
Jones-Sawyer — Yea
Levine — Yea
Atkins — Yea
Low — Yea
Mayes — Nay
McCarty — Yea
Salas — Nay
Campos — Yea
Medina — Yea
Melendez — Nay
Nazarian — Yea
Chang — Nay
Alejo — Yea
Baker — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Yea
Dodd — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Weber — Yea
Williams — Yea
Wood — Yea
Holden — Not Voting
Mathis — Nay
Olsen — Not Voting
Waldron — Not Voting
Frazier — Not Voting
Gonzalez — Yea
Achadjian — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Nay
Kim — Nay
Linder — Nay
Maienschein — Nay
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Steinorth — Nay
Ting — Yea
Wilk — Nay
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 Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8400
Democratic 1000
Total 9400
% of votes cast 69%31%0%0%
How each member voted (13)
Member Party Vote
Mayes — Nay
Bonilla — Yea
Campos — Yea
Santiago — Yea
Thurmond — Yea
Wood — Yea
Baker — Nay
Steinorth — Nay
Levine — Yea
Maienschein — Nay
Eduardo Garcia — Yea
Mark Stone — Yea
Bonta, Mia Democratic Yea

Official roll call →

Subjects

taxation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 10 do?
The Cigarette and Tobacco Products Tax Law imposes a tax on every distributor of cigarettes and tobacco products at specified rates. That law specifies that the taxes imposed by that law are in lieu of all other state, county, municipal, or district taxes on the privilege of distributing cigarettes or tobacco products. The California Constitution prohibits the Legislature from imposing taxes for local purposes, but allows the Legislature to authorize local governments to impose them. This bill would authorize, on and after January 1, 2017, the board of supervisors of a county or city and county to impose a tax on the privilege of distributing cigarettes and tobacco products in the county or city and county, including within an incorporated city within the county, and would make conforming changes. This bill would define "distributing" to mean making a sale of cigarettes or tobacco products in a county or city and county that has not been taxed by a cigarette or tobacco products tax ordinance of that county or city and county. This bill would authorize the board of supervisors of a county or city and county to enter into an agreement with another county or city and county to share any startup and ongoing administrative costs of a tax imposed pursuant to that authorization. This bill also would authorize the board of supervisors of a county or city and county to contract with the State Board of Equalization to perform functions incident to the administration or operation of the cigarette and tobacco products tax ordinance of the county, with reimbursement for costs incurred, and would require the State Board of Equalization to perform those functions pursuant to that contract. This bill also would require the State Board of Equalization to permit the examination of its records with respect to the tax imposed pursuant to the Cigarette and Tobacco Products Tax Law upon request by a county or city and county officer or employee to the extent necessary for the proper administration of that local cigarette and tobacco products tax, and authorizes the State Board of Equalization to require reimbursement. The bill would make knowingly accessing, using, or disclosing that confidential information without authorization a crime, thereby imposing 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 AB 10?
AB 10 is sponsored by McGuire, Mike (Democratic) and Bloom.
What is the current status of AB 10?
This bill died with 2015-2016, 2nd Special 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 AB 10?
Track AB 10 free on One Click Politics — get push/email alerts when it moves.

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