CDA Legislative Update: Governor Brown Signs 5 Bills to Further Regulate Tobacco Use and Access in California

The Governor also vetoed ABX 2-10 which expanded taxing authority of tobacco to local government. CDA actively opposed ABX2-10 and it was our first priority for a veto.

Although we disagree with his signature on SBX2-5 and SBX2-7, we appreciate his decision to reject ABX2-10.

AB X2-7 (Stone, Mark D) Smoking in the workplace. (Chapter Number: 4)
Current law prohibits smoking of tobacco products inside an enclosed space, as defined, at a place of employment. The violation of the prohibition against smoking in enclosed spaces of places of employment is an infraction punishable by a specified fine. This bill would expand the prohibition on smoking in a place of employment to include an owner-operated business, as defined. This bill contains other related provisions and other current laws.

AB X2-9 (Thurmond D) Tobacco use programs. (Chapter Number: 5)
Would expand eligibility for funding for the tobacco use prevention program to include charter schools. The bill would require the State Department of Education to require that all school districts, charter schools, and county offices of education receiving funding under the program adopt and enforce a tobacco-free campus policy prohibiting the use of products containing tobacco and nicotine, as specified, in and on the properties described above and would, in addition, prohibit the use of tobacco and nicotine products in a county office of education, charter school or school district-owned or leased building, on school or district property, and in school or district vehicles without regard to whether those entities receive funding.

ABX2-11 (Nazarian D) Cigarette and tobacco product licensing: fees and funding. (Chapter Number: 6)
The Cigarette and Tobacco Products Licensing Act of 2003 requires retailers of cigarettes and tobacco products to obtain a separate license for each retail location from the State Board of Equalization, which is issued upon receipt of a completed application and payment of a one-time fee, unless specified conditions apply. This bill would require a fee of $265 to be submitted with each license application, as described above.

SBX2-5 (Leno D) Electronic cigarettes. (Chapter Number: 7)
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. This bill contains other related provisions and other existing laws.

SBX2-7 (Hernandez D) Tobacco products: minimum legal age. (Chapter Number: 8)
Current 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.

ABX2-10 (Bloom D) Local taxes: authorization: cigarettes and tobacco products
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 contains other related provisions and other existing laws.

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