Rubio
Author
Existing law, except as specified, prohibits a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale a flavored tobacco product or a tobacco product flavor enhancer, as defined. Under the Cigarette and Tobacco Products Licensing Act of 2003, the California Department of Tax and Fee Administration administers the statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products. This bill, the Strengthen Tobacco Oversight Programs (STOP) and Seize Illegal Tobacco Products Act, would amend the Cigarette and Tobacco Products Licensing Act of 2003 to authorize the department, if it discovers that a retailer, or any of the tobacco retailer's agents or employees, sell, offer for sale, or possess with the intent to sell or offer for sale a flavored tobacco product or tobacco product flavor enhancer, in violation of existing law, to seize those products at the retail location or any other person's location. The bill would deem any seized products to be forfeited and would require the department to comply with specified procedures relating to the seizure and forfeiture of cigarette and tobacco products. Existing law requires certain items forfeited to the state, including any cigarettes or tobacco products forfeited to the state pursuant to the Cigarette and Tobacco Products Licensing Act of 2003, to be destroyed. This bill would additionally require flavored tobacco products and tobacco product flavor enhancers forfeited to the state pursuant to the Cigarette and Tobacco Products Licensing Act of 2003 to be destroyed. The Stop Tobacco Access to Kids Enforcement (STAKE) Act regulates the use of tobacco and tobacco products by, among other things, prohibiting a person from selling or otherwise furnishing tobacco, cigarettes, or any other paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance to a person under 21 years of age, and establishes an exception for active duty military personnel who are at least 18 years of age. Existing law authorizes civil penalties for a first and subsequent violations of the act. This bill would increase the penalties for providing a person who is under 21 years of age any of those substances or paraphernalia. Existing federal law prohibits the sale of tobacco products to any person younger than 21 years of age. This bill, in conformity with federal law, would repeal the provision authorizing the sale of tobacco products to active duty military personnel who are at least 18 years of age. The bill would also make a nonsubstantive conforming change. This bill would also make findings and declarations related to the STOP and Seize Illegal Tobacco Products Act. This bill would incorporate additional changes to Section 104559.5 of the Health and Safety Code proposed by AB 3218 to be operative only if this bill and AB 3218 are enacted and this bill is enacted last.
Chaptered by Secretary of State. Chapter 462, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 31. Noes 5. Page 5588.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 68. Noes 2. Page 6658.) Ordered to the Senate.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 15).
August 7 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 18. Noes 0.) (July 2). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on G.O. (Ayes 16. Noes 0.) (June 11). Re-referred to Com. on G.O.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 31. Noes 5. Page 4030.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 3976.) (May 16).
Set for hearing May 16.
May 6 hearing: Placed on APPR suspense file.
Set for hearing May 6.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3702.) (April 22). Re-referred to Com. on APPR.
Set for hearing April 22.
April 24 hearing postponed by committee.
Set for hearing April 24.
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 6. Noes 1. Page 3564.) (April 10). Re-referred to Com. on HEALTH.
Set for hearing April 10.
Referred to Coms. on REV. & TAX. and HEALTH.
From printer. May be acted upon on or after March 17.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1230 | HTML |
| 02/15/24 - Introduced | |
| 08/19/24 - Amended Assembly | |
| 08/22/24 - Amended Assembly | |
| 08/30/24 - Enrolled | |
| 09/22/24 - Chaptered |
| Document | Format |
|---|---|
| 04/05/24- Senate Revenue and Taxation | |
| 04/18/24- Senate Health | |
| 05/03/24- Senate Appropriations | |
| 05/17/24- Sen. Floor Analyses | |
| 06/07/24- Assembly Health | |
| 07/01/24- Assembly Governmental Organization | |
| 08/05/24- Assembly Appropriations | |
| 08/21/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/23/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/27/24- Sen. Floor Analyses |
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