Special Session Tobacco Vote Record
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1 Special Session Tobacco Vote Record 2016 California Extraordinary Session on Health Care During 2015, the Governor called an Extraordinary Session on Health Care to address funding needs for Medi-Cal and developmental disability programs, known as a special session. Special sessions differ from regular legislative sessions because there is no specific schedule and they can be called by the Governor intermittently to deal with specific issues or topics. During this special session, fifteen tobacco-related bills were introduced, seven of which were jointly introduced in both the Senate and Assembly. Ten bills received votes on either the Assembly or Senate floor, or both. Six of those bills made it to the Governor s desk for signature, and five of them were signed into law by Governor Jerry Brown. The American Lung Association in California Center for Tobacco Policy & Organizing analyzes and monitors the progress of tobacco-related bills that are introduced in the California Legislature. Throughout the year, the Center sends out regular updates about this legislation to keep local advocates informed about the tobacco-related activity that is occurring at the State Capitol. In addition to this update on the special session, a final update and vote record for all of the regular session tobacco-related bills will be published at the end of the legislative session. This special session update and vote record contains summaries, legislative histories and the position on the bills taken by the major voluntary health organizations American Lung Association in California, American Cancer Society Cancer Action Network and American Heart Association. Following the final update is the 2016 Extraordinary Session on Health Care Tobacco Vote Record that tracks how every Assembly Member and Senator voted on the ten tobacco-related bills that received floor votes. Copies of the legislation and vote information may be obtained at Press statements from the American Lung Association in California about tobacco-related bills are available at
2 THE CENTER FOR TOBACCO POLICY & ORGANIZING PAGE 2 OF 8 SPECIAL SESSION BILLS SIGNED BY THE GOVERNOR AB 7 Smoking in the Workplace (Stone D, Scotts Valley) This bill expands the prohibition on smoking in a place of employment to eliminate most of the specified exemptions that permit smoking in certain work environments, such as owner operated businesses, hotel lobbies, bars and taverns, banquet rooms, warehouse facilities, and employee break rooms. History: Passed the Assembly (49-25 with 5 members absent/did not vote on March 3, 2016) and Senate (21-13 with 6 members absent/did note vote on March 10, 2016). AB 9 Tobacco Use Programs (Thurmond D, Richmond; Nazarian D, Sherman Oaks) This bill requires all school districts and county offices of education (COEs) to adopt and enforce a tobacco-free campus policy. History: Passed the Assembly (59-6 with 14 members absent/did not vote on March 3, 2016) and Senate (30-8 with 2 members absent/did not vote on March 10, 2016). AB 11 Cigarette and Tobacco Product Licensing: Fees and Funding (Nazarian D, Sherman Oaks) This bill would establish an annual Board of Equalization (BOE) tobacco licensing fee that is sufficient to cover the cost of administering and enforcing the program and requires the BOE to conduct a report to determine if the fee established in the bill is sufficient to cover those costs. History: Passed the Assembly (48-26 with 5 members absent/did not vote on March 3, 2016) and Senate (24-15 with 1 member absent/did not vote on March 10, 2016). SB 5 Electronic Cigarettes (Leno D, San Francisco) This bill would change the STAKE Act s definition of tobacco products to include electronic devices, such as electronic cigarettes, requiring retailers to obtain a state license with the Board of Equalization (BOE). It will also include electronic cigarettes in California s smokefree laws and require child-resistant packaging for these products. History: Passed the Senate (25-13 with 2 members absent/ did not vote on August 27, 2015) and the Assembly (49-26 with 4 members absent/did not vote on March 3, 2016). It was then sent back to the full Senate for approval of amendments, where it again passed (26-11 with 3 members absent/did not vote on March 10, 2016). Cosponsor/ SB 7 Tobacco Products: Minimum Legal Age (Hernandez D, Azusa) This bill will raise the legal minimum age of purchase for tobacco products from 18 to 21 and severely limit teen access to these products. History: Passed the Senate (25-11 with 4 members absent/ did not vote on August 27, 2015) and the Assembly (49-25 with 5 members absent/did not vote on March 3, 2016). It was then sent back to the full Senate for approval of amendments, where it again passed (26-10 with 4 members absent/did not vote on March 10, 2016). Cosponsor/
3 THE CENTER FOR TOBACCO POLICY & ORGANIZING PAGE 3 OF 8 SPECIAL SESSION BILLS VETOED BY THE GOVERNOR AB 10 Local Taxes: Authorization: Cigarettes and Tobacco Products (Bloom D, Santa Monica) This bill would authorize counties to adopt local tobacco taxes. It specifies that local county taxes that are adopted can apply to incorporated areas within the county. History: Passed the Assembly (46-27 with 6 members absent/did not vote on March 3, 2016) and the Senate (23-14 with 3 members absent/did not vote on March 10, 2016). Vetoed by the Governor on May 4, SPECIAL SESSION BILLS THAT RECEIVED FLOOR VOTE IN ONE HOUSE SB 6 Smoking in the Workplace (Monning D, Carmel) This bill expands the prohibition on smoking in a place of employment to eliminate most of the specified exemptions that permit smoking in certain work environments, such as owner operated businesses, hotel lobbies, bars and taverns, banquet rooms, warehouse facilities, and employee break rooms. History: Passed the Senate (24-13 with 3 members absent/ did not vote on August 27, 2015). While this bill failed to progress, AB 7, a corresponding bill which was introduced in the Assembly, went on to be signed by the Governor. SB 8 Tobacco Use Programs (Liu D, La Canada Flintridge) History: Passed the Senate (passing by a vote of with 3 members absent/did not vote on August 27, 2015). While this bill failed to progress, AB 9, a corresponding bill which was introduced in the Assembly, went on to be signed by the Governor. SB 9 Local Taxes: Authorization: Cigarettes and Tobacco Products (McGuire D, Healdsburg) This bill would authorize counties to adopt local tobacco taxes. It specifies that local county taxes that are adopted can apply to incorporated areas within the county. History: Passed the Senate (23-15 with 2 members absent/ did not vote on August 27, 2015). While this bill failed to progress, AB 10, a corresponding bill which was introduced in the Assembly, went on to pass both houses before being vetoed by the Governor. SB 10 Cigarette and Tobacco Product Licensing: Fees and Funding (Beall D, San Jose) This bill would establish an annual Board of Equalization (BOE) tobacco licensing fee that is sufficient to cover the cost of administering and enforcing the program and requires the BOE to conduct a report to determine if the fee established in the bill is sufficient to cover those costs. History: Passed the Senate (24-15 with 1 member absent/ did not vote on August 27, 2015). While this bill failed to progress, AB 11, a corresponding bill which was introduced in the Assembly, went on to be signed by the Governor. This bill requires all school districts and county offices of education (COEs) to adopt and enforce a tobacco-free campus policy.
4 THE CENTER FOR TOBACCO POLICY & ORGANIZING PAGE 4 OF 8 SPECIAL SESSION BILLS THAT DID NOT RECEIVE FLOOR VOTES AB 6 Electronic Cigarettes (Cooper D, Elk Grove) This bill would change the STAKE Act s definition of tobacco products to include electronic devices, such as electronic cigarettes, requiring retailers to obtain a state license with the Board of Equalization (BOE). It will also include electronic cigarettes in California s smokefree laws and require child-resistant packaging for these products. History: Failed to be brought up for a vote on the Assembly floor. While this bill failed to progress, SB 5, a corresponding bill which was introduced in the Senate, went on to be signed by the Governor. Cosponsor/ AB 8 Tobacco Products: Minimum Legal Age (Wood D, Healdsburg) This bill will raise the legal minimum age of purchase for tobacco products from 18 to 21 and severely limit teen access to these products. History: Failed to be brought up for a vote on the Assembly floor. While this bill failed to progress, SB 7, a corresponding bill which was introduced in the Senate, went on to be signed by the Governor. SB 13 Public health: cigarette and tobacco products: electronic cigarettes: taxes: California Health Care, Research, and Prevention Tobacco Tax Act of 2015 (Pan D, Sacramento) History: Failed to be brought up for a vote in committee. Tobacco Control Position: ALA in CA/ASCAN/AHA SB 14 Tobacco: electronic cigarettes: taxes: managed care organization provider tax: inhome supportive services (Hernandez D, Azusa) History: Failed to be brought up for a vote on the Senate floor. Tobacco Control Position: ALA in CA/ASCAN/AHA Visit the Center s Bill Tracker for full details about all of the tobacco-related bills introduced in the 2015 legislative session. Cosponsor/ AB 16 Public health: cigarette and tobacco products: electronic cigarettes: taxes: California Health Care, Research, and Prevention Tobacco Tax Act of 2015 (Bonta D, Alameda) History: Failed to be brought up for a vote in committee.
5 THE CENTER FOR TOBACCO POLICY & ORGANIZING PAGE 5 OF SPECIAL SESSION TOBACCO VOTE RECORD Below is the Tobacco Vote Record for the California Legislature during the 2016 legislative special session. The vote record shows how every Assembly Member and Senator voted on the bills that received floor votes during the Special Session. Key: Y voted yes on the bill, N voted no on the bill, NV absent or did not vote on the bill The Assembly and Senate held floor votes on certain bills more than once, to concur with amendments made in the other house or because the bill failed to pass on the first vote. In some instances, member s votes differed when a bill was voted on more than once. If a member was absent or did not vote on the bill during one of the votes but voted during the other vote, then the vote record displays the time they actually voted. If a member voted no on a bill one time, and yes on a bill another time, then the vote record displays both votes. The Y and N refer to how the legislator actually voted on the legislation, not how the legislator voted in relation to the tobacco control position on the bill. To understand exactly what a yes or no vote means in relation to the tobacco control position, it is important to refer to the tobacco control positions that are included with each bill summary on the previous pages. Last Name First Name Assembly Party/ District AB 7 AB 9 AB 10 AB 11 SB 5 SB 7 Achadjian Katcho R-35 N Y N N Y Y Alejo Luis D-30 Y Y Y Y Y NV Allen Travis R-72 N Y N N N N Atkins Toni D-78 Y Y Y Y Y Y Baker Catharine R-16 Y Y N N Y Y Bigelow Frank R-5 N NV N N N N Bloom Richard D-50 Y Y Y Y Y Y Bonilla Susan D-14 Y Y Y Y Y Y Bonta Rob D-18 Y Y Y Y Y Y Brough William R-73 N N N N N N Brown Cheryl D-47 Y Y Y Y Y Y Burke Autumn D-62 Y Y Y Y Y Y Calderon Ian D-57 Y Y Y Y Y Y Campos Nora D-27 Y Y Y Y Y Y Chang Ling-Ling R-55 N Y N N NV Y Chau Ed D-49 Y Y Y Y Y Y Chavez Rocky R-76 N NV N N N N Chiu David D-17 Y Y Y Y Y Y Chu Kansen D-25 Y Y Y Y Y Y Cooley Ken D-8 Y Y Y Y Y Y Cooper Jim D-9 Y Y Y Y Y Y Dababneh Matt D-45 Y Y Y Y Y Y
6 THE CENTER FOR TOBACCO POLICY & ORGANIZING PAGE 6 OF 8 Last Name First Name Assembly Party/ District AB 7 AB 9 AB 10 AB 11 SB 5 SB 7 Dahle Brian R-1 N Y N N N N Daly Tom D-69 Y Y NV Y Y N Dodd Bill D-4 Y Y Y Y Y Y Talamantes Eggman Susan D-13 Y Y Y Y Y Y Frazier Jim D-11 NV NV NV NV NV NV Gaines Beth R-6 N N N N N N Gallagher James R-3 N NV N N N N Garcia Cristina D-58 Y Y Y Y Y Y Garcia Eduardo D-56 Y Y Y Y Y Y Gatto Mike D-43 Y Y Y Y N N Gipson Mike D-64 Y Y Y Y Y Y Gomez Jimmy D-51 Y Y Y Y Y Y Gonzalez Lorena D-80 Y Y Y Y Y Y Gordon Richard D-24 Y Y Y Y Y Y Gray Adam D-21 N Y Y Y Y N Grove Shannon R-34 NV NV NV NV NV NV Hadley David R-66 N Y N N Y Y Harper Matthew R-74 N N N N N N Hernandez Roger D-48 Y Y Y Y Y Y Holden Chris D-41 NV NV NV NV Y Y Irwin Jacqui D-44 Y Y N N Y Y Jones Brian W. R-71 N N N N N N Jones-Sawyer Sr. Reginald Byron D-59 Y Y Y Y Y Y Kim Young R-65 N Y N N N N Lackey Tom R-36 N N N N N N Levine Marc B. D-10 Y Y Y Y Y Y Linder Eric F. R-60 N NV N N N N Lopez Patty D-39 Y Y Y Y Y Y Low Evan D-28 Y Y Y Y Y Y Maienschein Brian R-77 N Y N N NV Y Mathis Devon R-26 N NV N N N N Mayes Chad R-42 N NV N N N N McCarty Kevin D-7 Y Y Y Y Y Y Medina Jose D-61 Y Y Y Y Y Y Melendez Melissa R-67 N NV N N N N Mullin Kevin D-22 Y Y Y Y Y Y Nazarian Adrin D-46 Y Y Y Y Y Y
7 THE CENTER FOR TOBACCO POLICY & ORGANIZING PAGE 7 OF 8 Last Name First Name Assembly Party/ District AB 7 AB 9 AB 10 AB 11 SB 5 SB 7 Obernolte Jay R-33 N Y N N N N O Donnell Patrick D-70 Y Y Y Y Y Y Olsen Kristen M. R-12 NV NV NV NV NV NV Patterson Jim R-23 N NV N N N N Perea Henry T. D-31 N Y N Y Quirk Bill D-20 Y Y Y Y Y Y Rendon, Ph.D. Anthony D-63 Y Y Y Y Y Y Ridley-Thomas Sebastian D-54 Y Y Y Y Y N Rodriguez Freddie D-52 Y Y Y Y Y Y Salas Jr. Rudy D-32 Y Y N Y Y N Santiago Miguel D-53 Y Y Y Y Y Y Steinorth Marc R-40 N Y N N N N Stone Mark D-29 Y Y Y Y Y Y Thurmond Tony D-15 Y Y Y Y Y Y Ting Phil D-19 Y Y Y Y Y Y Wagner Donald P. R-68 N N N N N N Waldron Marie R-75 NV NV NV NV NV NV Weber Shirley D-79 Y Y Y Y Y Y Wilk Scott R-38 N NV N N N N Williams Das G. D-37 Y Y Y Y Y Y Wood James D-2 Y Y Y Y Y Y
8 THE CENTER FOR TOBACCO POLICY & ORGANIZING PAGE 8 OF 8 Last Name First Name Party/ District AB 7 AB 9 Senate AB 10 AB 11 Allen Ben D-26 Y Y Y Y Y Y Y Y Y Y Anderson Joel R-38 N N N N N N N N N N Bates Patricia R-36 N NV N N N N N NV N N Beall Jim D-15 Y Y Y Y Y Y Y Y Y Y Berryhill Tom R-8 N N N N N NV N N N N Block Marty D-39 Y Y Y Y Y Y Y Y Y Y Cannella Anthony R-12 N Y N Y N N N Y N Y de Leon Kevin D-24 Y Y Y Y Y Y Y Y Y Y Fuller Jean R-16 N N N N N N N N N N Gaines Ted R-1 N N N N N N NV N N N Galgiani Cathleen D-5 NV Y N N NV NV N Y N N Glazer Steve D-7 NV Y Y N Y Y Y Y Y N Hall lll Isadore D-35 Y Y Y Y Y Y Y Y Y Y Hancock Loni D-9 Y Y Y Y Y Y Y Y Y Y Hernandez Ed D-22 Y Y Y Y Y Y Y Y Y Y Hertzberg Bob D-18 NV Y NV Y Y Y N Y NV Y Hill Jerry D-13 Y Y Y Y Y Y Y Y Y Y Hueso Ben D-40 Y Y Y Y Y NV Y Y Y Y Huff Bob R-29 NV NV NV NV N N N N N N Jackson Hannah-Beth D-19 Y Y Y Y Y Y Y Y Y Y Lara Ricardo D-33 Y Y Y Y Y Y Y Y Y Y Leno Mark D-11 Y Y Y Y Y Y Y Y Y Y Leyva Connie D-20 Y Y Y Y Y Y Y Y Y Y Liu Carol D-25 Y Y Y Y Y Y Y Y Y Y McGuire Mike D-2 Y Y Y Y Y Y Y Y Y Y Mendoza Tony D-32 NV Y Y Y Y Y Y Y Y Y Mitchell Holly D-30 Y Y Y Y Y Y Y Y Y Y Monning William W. D-17 Y Y Y Y Y Y Y Y Y Y Moorlach John R-37 N N NV N N N N N NV N Morrell Mike R-23 N N N N N N N N N N Nguyen Janet R-34 N Y N N N N NV NV N N Nielsen Jim W. R-4 N N N N N N N N N N Pan Richard D-6 Y Y Y Y Y Y Y Y Y Y Pavley Fran D-27 Y Y Y Y Y Y Y Y Y Y Roth Richard D. D-31 NV Y N N Y Y Y Y N NV Runner Sharon R-21 N N N N N N N NV N N Stone Jeff R-28 N Y N N Y N Y N N N Vidak Andy R-14 N Y N N N N N N N N Wieckowski Bob D-10 Y Y Y Y Y Y Y Y Y Y Wolk Lois D-3 Y Y Y Y Y Y Y Y Y Y SB 5 SB 6 SB 7 SB 8 SB 9 SB 10
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