BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           602 (Padilla)
          
          Hearing Date:  05/28/2009           Amended: 05/18/2009
          Consultant: Mark McKenzie       Policy Vote: Rev&Tax 5-3
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 602 would prohibit the Board of Equalization  
          (BOE) from issuing a new cigarette and tobacco products license  
          for a retail location in an "area of overconcentration," as  
          specified.  The bill would also authorize BOE to take action  
          related to the licensure of retailers who have violated the Stop  
          Tobacco Access to Kids Enforcement (STAKE) Act at any time.  The  
          Department of Public Health (DPH) or other enforcement agency  
          would be required to notify BOE of any conviction of a violation  
          of either the STAKE Act or provisions that prohibit the sale of  
          tobacco products to minors.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           BOE: STAKE Act         Unknown administrative costs, likely in  
          the                    Special*/
                                   range of $250-$500 annually        
          General

          DPH: tracking/reporting           $89         $178       
          $178Special*/
           of STAKE Act violations                                    
          General

          Law enforcement reporting         Unknown reimbursable mandate  
          costs,                 General
           (local mandate)         likely in the range of $300-$500  
          annually

          STAKE Act: penalties   Unknown penalty revenue gains,  
          potentially            Special* 
                                   in the range of $1,000 - $2,000  
          annually
          __________             
          * Cigarette and Tobacco Products Compliance Fund; also General  
          Fund, other tobacco tax special funds (see staff comments)










          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  SUSPENSE FILE.  AS PROPOSED TO BE AMENDED.
           Tobacco retail license restriction
           This provision is intended to prevent further proliferation of  
          tobacco retailers by requiring denial of new tobacco retail  
          licenses in areas of overconcentration.  (these provisions  
          deleted from bill by suspense amendments)

           STAKE Act revisions
           This provision is intended to reduce illegal sales of cigarette  
          and tobacco products to minors by strengthening penalties on  
          retailers convicted of furnishing these products to a person  
          under the age of 18.

          Existing law requires DPH to take primary responsibility for  
          enforcement STAKE Act, and to enlist the assistance of persons  
          who are 15 or 16 years of age as decoys for the purpose of  
          attempting to purchase cigarettes.  Penal Code Section 308 makes  
          it a violation to sell or furnish cigarettes or tobacco products  
          to minors.  BOE is required to 
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          SB 602 (Padilla)

          warn, suspend, or revoke a retailer's license for sales to  
          underage persons or related offenses under the following  
          circumstances:
                 First conviction: warning letter and training  
               requirement.
                 Second conviction in 12 months: $500 fine
                 Third conviction in 12 months: $1000 fine
                 Fourth to seventh conviction in 12 months: 90-day  
               suspension of license
                 Eighth conviction in 24 months: revocation of license.
          BOE's authority to suspend or revoke a license for underage  
          sales violations is limited to periods when the underage sales  
          rate in California is 13% or more, as measured in an annual  
          Youth Tobacco Survey conducted by DPH.

          SB 602 would delete the restriction on BOE enforcement action  
          (13 percent trigger), thereby authorizing BOE to levy penalties  
          against a license holder for violations of underage sales at any  
          time.  This bill also revises the penalty schedule as follows:
                 First conviction: warning letter, training requirement,  
               and an unspecified fine.










                 Second conviction: unspecified fine and 25-day license  
               suspension.
                 Third conviction within any three-year period: license  
               revocation.

          This bill would also require DPH and state and local law  
          enforcement agencies to notify BOE of any convictions of  
          violations in a timely manner, and require BOE to take  
          appropriate action.  BOE would be authorized to take action  
          against a retailer if other enforcement agencies fail to provide  
          timely notification, as defined. 

          SB 602 would increase the Department of Public Health's (DPH)  
          workload and resource expenditure by requiring mandatory  
          reporting of information not normally tracked or evaluated.  DPH  
          would to develop and maintain an enforcement reporting system in  
          order to comply with the proposed reporting requirements.  This  
          would require 2 PY of additional staff as follows:  one  
          full-time Program Analyst position at a cost of $86,000 per  
          year, and a contract for 1 PY of Information Technology support  
          at a cost of approximately $92,000.  Funding for these positions  
          would need to be allocated from the Cigarette and Tobacco  
          Products Compliance Fund.

          Staff notes that any costs to local law enforcement agencies  
          related to the tracking and reporting of information for  
          convictions of the STAKE Act and Penal Code Section 308 (illegal  
          sales of tobacco products to minors) would likely be  
          reimbursable by the state.  Reimbursable costs are unknown, but  
          previous assessments for similar legislation estimated a  
          mandated cost of $300,000 to $500,000 annually.

          With respect to the requirements of the STAKE Act provisions of  
          SB 602, BOE would incur some costs for suspending or revoking  
          retail licenses, processing appeals filed for a suspended or  
          revoked licenses, inspecting suspended or revoked retail  
          licensee locations, and seizing, storage, and destruction of  
          cigarettes or tobacco products from retailers whose license has  
          been suspended or revoked.  These unabsorbable costs are unknown  
          at this time, but likely in the range of $250,000 to $500,000  
          annually.

           
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          SB 602 (Padilla)











           Compliance Fund deficiencies
           Up until 2005-06, all BOE costs to enforce and administer the  
          Licensing Act were fully covered by license fee revenues,  
          penalties, and fines deposited into the Compliance Fund.   
          However, since the retail license revenues were predominantly a  
          one-time revenue gain, the Compliance Fund does not have  
          sufficient revenues to cover BOE's ongoing costs.  In 2008-09,  
          for example, revenues deposited into the Compliance Fund totaled  
          $1.1 million, while BOE's costs to administer and enforce the  
          Licensing Act were approximately $10.2 million.  The difference  
          between revenues and costs are currently offset with $1.1  
          million General Fund and other tobacco tax revenues: $209,000  
          Breast Cancer Fund; $2.6 million Cigarette and Tobacco Products  
          Surtax Fund (Proposition 99); and $5.2 million from the  
          California Children and Families First Trust Fund (Proposition  
          10).  Staff notes that the administrative costs associated with  
          this bill would place further strains on the General Fund and  
          other tobacco tax funds.  To the extent that the restrictions in  
          SB 602 results in fewer overall licenses and less convenience  
          for consumers, there would be a net loss in excise tax and  
          license fee revenues.


          Proposed amendments would delete provisions that prohibit BOE  
          from issuing a new cigarette and tobacco products license for a  
          retail location in an "area of overconcentration," and specify  
          penalty amounts for violations of the STAKE Act ($750 for a  
          first conviction and $1,500 for a second conviction).