BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC HEALTH AND DEVELOPMENTAL SERVICES
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    ABX2 10             
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          |AUTHOR:        |Bloom                                          |
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          |VERSION:       |March 3, 2016                                  |
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          |HEARING DATE:  |March 7, 2016  |               |               |
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          |CONSULTANT:    |Myriam Bouaziz                                 |
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           SUBJECT  :  Local taxes: authorization: cigarettes and tobacco  
          products

           SUMMARY  : Authorizes a board of supervisors of a county or city and  
          county to impose taxes on cigarette and tobacco distributors,  
          including within an incorporated city within the county; allows  
          counties, or cities and counties to enter into agreements with  
          other counties, or cities and counties to share any startup and  
          administrative costs; and, also allows them to enter into an  
          agreement with the State Board of Equalization (BOE) to perform  
          functions incident to the administration or operation of a tax  
          imposed pursuant to the authorization of this bill.
          
          Existing law:
          1)Imposes a tax on distributors of cigarettes and tobacco  
            products, set at $0.87 per pack of 20 cigarettes.  Requires  
            the taxes on cigarette and tobacco products to fund a variety  
            of programs and services including:  health education,  
            research, hospital care, fire prevention, environmental  
            conservation, breast cancer research and early detection  
            services, and early childhood development programs.

          2)Establishes the BOE and requires the BOE to administer the  
            tobacco tax provisions, including collecting the tax.  

          3)Requires the BOE to annually set a tax on other tobacco  
            products, such as cigars and chewing tobacco, at an amount  
            equivalent to the tax on cigarettes.

          4)Requires a distributor, wholesaler, manufacturer, or importer  
            of cigarettes or tobacco products to register with and be  
            licensed by the BOE.








          ABX2 10 (Bloom)                                    Page 2 of ?
          
          
          5)States that the cigarette and tobacco products taxes apply in  
            lieu of all other state, county, municipal, or district taxes  
            on the privilege of distributing cigarettes or tobacco  
            products.  The in-lieu language does not prohibit the  
            application of a fee, the sales and use tax, Uniform Local  
            Sales and Use Tax Law, or Transactions and Use Tax Law to the  
            sale, storage, use or other cigarette or tobacco products  
            consumption.
          
          This bill:
          1)Allows a 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
            .
          2)Requires a board of supervisors, subject to California  
            Constitution limitations, to adopt an ordinance to levy a tax  
            on the privilege of distributing cigarettes and tobacco  
            products.  The vote threshold is majority for a general tax,  
            and two-thirds for a special tax
            . 
          3)Allows the Board of Equalization to collect and administer the  
            local tax on behalf of a county or a city and county.

          4)Allows the board of supervisors of a county, or city and  
            county, to contract with another county, or city and county,  
            to share any administration costs in order to impose the local  
            tax.

          5)Requires the Board of Equalization to allow, upon request, a  
            county, or city and county officer or employee to examine any  
            records regarding the administration of the cigarette and  
            tobacco products tax ordinance of the county or city and  
            county. Allows the Board of Equalization to require  
            reimbursement for costs incurred in complying with such  
            requests.

           FISCAL  
          EFFECT  :  This bill has not been analyzed by a fiscal committee.

           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     | 46-27                      |
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          ABX2 10 (Bloom)                                    Page 3 of ?
          
          
          |Assembly Appropriations Committee:  |                            |
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          |Assembly Public Health and          | 9-4                        |
          |Developmental Services Committee:   |                            |
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          COMMENTS  :
          1)Author's statement.  According to the author, tobacco is the  
            leading cause of preventable death and disease in the United  
            States and treatment for tobacco-related health conditions  
            costs the state billions of taxpayer dollars.  The author  
            notes since the 1988 passage of Proposition 99, California has  
            seen smoking rates drop drastically due to the tax increase as  
            well as due to the programs funded by the tax.  The author  
            contends it is time to take the success of the statewide tax  
            and utilize it on a more local level, empowering local  
            authorities to discourage the use of tobacco products and  
            providing a new source of funding to important local programs.  
             The author states, while rates of tobacco usage have  
            decreased in recent decades, there are still large numbers of  
            teenagers and young adults who are picking up their first  
            cigarette and becoming addicted and the Surgeon General  
            projects that, without a serious reversal of current trends,  
            5.6 million youth age 0-17 alive today will die prematurely  
            from tobacco use.  The author concludes it is time to focus on  
            what can be done on a local level to directly address the  
            issues that are leading Californians to begin and maintain  
            this harmful habit.

          2)Smoking prevalence.  According to the 2012 Surgeon General's  
            Report, nearly 90 % of smokers in the United States started  
            smoking by the age of 18, and 99 % started by age 26. In  
            California, 64 % of smokers start by the age of 18 and 96 %  
            start by age 26. According to the Department of Public Health  
            (DPH), in 2010, 36.8 % of high school students had smoked a  
            whole cigarette by age 13 or 14, and illegal tobacco sales to  
            minors rose to 8.7 % from 5.6 % in 2011.  Yet, the state's  
            adult smoking rate has hit a record low.  In 2010, 11.9 % of  
            the state's adults smoked, down from 13.1 % in 2009, making  
            California one of only two states to reach the federal Healthy  
            People 2020 target of reducing the adult smoking prevalence  
            rate to 12 %. However, research highlights that the burdens of  
            smoking do not fall evenly across the state. According to the  
            American Lung Association (ALA), African-American men and  
            women have the highest smoking usage rate at 21.3 % and 17.1 %  








          ABX2 10 (Bloom)                                    Page 4 of ?
          
          
            respectively, followed by white men at 17.2 % and Latino men  
            at 16 %. The ALA reports that Korean men have an unusually  
            high tobacco usage rate at 27.9 %, as do Lesbian, Gay,  
            Bisexual, and Transgender women who smoke at almost triple the  
            rate of women in general.

          3)Tobacco-related diseases.  Every year, an estimated 443,000  
            people in the United States die from tobacco and  
            smoking-related illnesses or exposure to secondhand smoke,  
            according to the Centers for Disease Control and Prevention  
            (CDC).  The CDC also reports that another 8.6 million people  
            suffer from serious smoking-related illnesses.  According to  
            DPH, smoking causes ischemic heart disease, cancer, stroke,  
            and chronic lower respiratory diseases, which are the leading  
            causes of death and disability among adults in California.  
            Smoking-attributed diseases are an economic burden due not  
            only to health care expenses but also productivity losses  
            related to disability or early death. DPH asserts, since the  
            1988 passage of Proposition 99 in California, adult smoking  
            rates declined by more than 40 % from 22.7 % to 13.3 % in  
            2008. As smoking rates declined, mortality and morbidity rates  
            for diseases related to smoking also declined. This parallel  
            trend, according to DPH, supports causal association between  
            these conditions and smoking.  
          
            
          4)Tobacco taxes in California.  Prior to 1989, California levied  
            an excise tax of $0.10 on each pack of 20 cigarettes.  Passage  
            of Proposition 99 in November 1988 increased the excise tax on  
            cigarettes by $0.25 per pack (to $0.35 per pack) effective  
            January 1, 1989 and imposed a "tobacco products tax" on  
            cigars, chewing tobacco, pipe tobacco, and snuff.  The tobacco  
            products tax, which is stated as a percentage of the wholesale  
            cost of tobacco, was set at a rate equivalent to the excise  
            tax on cigarettes.  Proposition 99 revenues are deposited into  
            the Cigarette and Tobacco Products Surtax Fund to support  
            anti-smoking education programs, tobacco-related diseases  
            research, indigent health care and public resources.  An  
            additional $0.02 per pack cigarette increase was added in 1994  
            to fund Breast Cancer Research.  The proceeds from the tax are  
            deposited in the Breast Cancer Fund, with allocations to the  
            Breast Cancer Research Program and the Breast Cancer Control  
            Program.  

            Passage of Proposition 10 in November 1998 further increased  








          ABX2 10 (Bloom)                                    Page 5 of ?
          
          
            both the cigarette and tobacco products tax rates, bringing  
            the state tax to $0.87.  Proposition 10 increased the  
            cigarette tax rate by $0.50 per pack and the other tobacco  
            products tax rate increased by an equivalent amount, effective  
            January 1, 1999.  Proposition 10 requires that revenues from  
            the Proposition 10 tax increase be deposited in the California  
            Children and Families First Trust Fund for the purpose of  
            promoting, supporting, and improving the development of  
            children from the prenatal stage to five years of age.   
            Proposition 10 also indirectly generated a second increase in  
            the other tobacco products tax rate, beginning July 1, 1999.   
            This additional increase resulted because Proposition 99  
            requires the other tobacco products tax rate to be  
            recalculated on July 1 of each year based on the wholesale  
            price of cigarettes in March of that year.  Thus, when  
            Proposition 10 increased the tax on a pack of cigarettes by  
            $0.50 on January 1, it indirectly triggered an additional  
            increase in the other tobacco products tax on July 1, 1999.   
            Revenues from this additional increase were deposited in the  
            Cigarette and Tobacco Products Surtax Fund to fund Proposition  
            99 programs.  There is a federal excise tax on cigarettes of  
            $1.01 per pack.

          5)Tobacco taxes and other states. California's tobacco tax rate  
            ($0.87) ranks 33rd when compared to the rates of other states.  
            The national median cigarette tax rate is $1.54 per pack. The  
            highest tobacco tax rate is in New York at $4.35 per pack and  
            the lowest is Virginia at $0.30 per pack. Some local  
            governments, such as New York City ($5.85 per pack total tax  
            rate) and Chicago ($5.66 per pack total tax rate) have their  
            own tax in addition to the state tax. California has not  
            raised its cigarette excise tax since 1998. According to the  
            Campaign for Tobacco-Free Kids, the average price for a pack  
            of cigarettes in California is $5.44 with all taxes included.

          6)Impacts of higher cigarette prices. According to the  
            Legislative Analyst's Office (LAO), most revenue estimates  
            assume that an increased tax on cigarettes would raise the  
            retail prices of cigarettes to include the new cost. This  
            could potentially result in consumers reducing the quantity of  
            taxable products they consume.  Additionally, the state and  
            local governments in California incur costs for providing: 1)  
            health care for low-income and uninsured persons and 2) health  
            insurance coverage for state and local government employees  
            and retirees. The LAO further reports, since the use of  








          ABX2 10 (Bloom)                                    Page 6 of ?
          
          
            tobacco products has been linked to various adverse health  
            effects, an increased cigarette tax could reduce state and  
            local government health care spending on tobacco-related  
            diseases over the long-term. 

            DPH maintains that higher taxes are particularly effective in  
            reducing smoking among vulnerable populations, such as youth,  
            pregnant women, and low-income smokers. Increases in tobacco  
            prices affect the behavior of the young and low-income, who  
            tend to be more responsive to price changes than older and  
            wealthier individuals. Higher tobacco taxes could encourage  
            more low-income smokers to quit. According to the Federal  
            Trade Commission Cigarette Report, since three out of every  
            four smokers expected to quit because of cigarette tax  
            increase are estimated to be low-income, the public health  
            benefits of reduced tobacco-related illnesses from smoking  
            will also be borne by lower-income households. However, if  
            individuals considered to be low-income do not quit, the  
            tobacco tax increase could be considered a regressive tax  
            because these populations would be spending more of their  
            income on the product.  
          
            Higher cigarette prices through tax or fee increases can also  
            exacerbate tax evasion and foster illegal cigarette sales.  
            These illegal activities include increased smuggling of  
            cigarettes and tobacco products into California and the sale  
            of counterfeit cigarette stamps and products.  According to  
            the BOE, cigarette tax evasion is highly correlated with  
            cigarette prices and excise tax rates. It was this concern  
            regarding illegal sales that led to the enactment of the  
            California Cigarette and Tobacco Products Licensing Act of  
            2003 (AB 71 [Horton], Chapter 890, Statutes of 2003), which  
            established a comprehensive licensing program for retailers,  
            manufacturers, distributors, and importers of cigarettes and  
            tobacco products. According to the BOE, the California  
            Cigarette and Tobacco Licensing Act of 2003 has been  
            successful in reducing illegal sales.

          7)Local Tobacco Fee.  The City and County of San Francisco's  
            Cigarette Litter Abatement Fee is a $0.20 per pack of  
            cigarettes fee collected at the point of sale by the retailer.  
            The funds generated by the fee are used to abate cigarette  
            litter through education and removal of cigarette litter. In  
            2008, the City and County of San Francisco spent over  
            $24,792,558 in public litter clean up, with cigarette related  








          ABX2 10 (Bloom)                                    Page 7 of ?
          
          
            waste alone amounting to approximately $6,098,969 of the  
            City's annual litter removal costs. The fee is estimated to  
            generate $5 million annually. The ordinance has been in effect  
            since 2009. 

          8)Related legislation. SBX2 5 (Leno) recasts and broadens the  
            definition of "tobacco product" in current law to include  
            electronic cigarettes as specified; extends current  
            restrictions and prohibitions against the use of tobacco  
            products to electronic cigarettes; extends current licensing  
            requirements for manufacturers, importers, distributors,  
            wholesalers, and retailers of tobacco products to electronic  
            cigarettes; requires electronic cigarette cartridges to be  
            child-resistant; and exempts active duty military personnel,  
            as specified, from the requirement of being 21 years of age or  
            older to purchase tobacco products. SBX2 5 is pending on the  
            Senate Floor.
            
            SBX2 7 (Hernandez) increases the minimum legal age to purchase  
            or consume tobacco from 18 to 21. SB X2 7 is pending on the  
            Senate Floor.

            ABX2 7 (Stone) removes many, but not all, exemptions in  
            existing law that allow tobacco smoking in certain indoor  
            workplaces and expands the prohibition on smoking in a place  
            of employment to include owner-operated businesses. ABX2 7  
            will be heard in this committee on March 7, 2016.

            ABX2 9 (Thurmond) extends current tobacco use prevention  
            funding eligibility and requirements for county offices of  
            education and school districts to include charter schools;  
            broadens the definition of products containing tobacco and  
            nicotine, as specified, and prohibits their use in specified  
            areas of schools and school districts, regardless of funding;  
            and requires specified signs to be prominently displayed at  
            all entrances to school property. ABX2 9 will be heard in this  
            committee on March 7, 2016. 

            ABX2 10 (Bloom) allows counties to impose a tax on the  
            privilege of distributing cigarettes and tobacco products.  
            ABX2 10 will be heard in this committee on March 7, 2016.

            ABX2 11 (Nazarian) revises the Cigarette and Tobacco Products  
            Licensing Act of 2003 to change the retailer license fee from  
            a $100 one-time fee to a $265 annual fee, and increase the  








          ABX2 10 (Bloom)                                    Page 8 of ?
          
          
            distributor and wholesaler license fee from $1,000 to $1,200.  
            ABX2 11 will be heard in this committee on March 7, 2016.

          9)Prior legislation. SB 653 (Steinberg) of 2011 would have  
            authorized the governing board of any county or city and  
            county, any school district, any community college district,  
            and any county office of education subject to specified  
            constitutional and voter approval requirements, to levy,  
            increase, or extend a local personal income tax, transactions  
            and use tax, vehicle license fee, and excise tax, including,  
            but not limited to, an alcoholic beverages tax, a cigarette  
            and tobacco products tax, a sweetened beverage tax, and an oil  
            severance tax, as provided.  SB 653 failed passage on the  
            Senate Floor.

            AB 1040 (Leno) of 2003 would have, subject to specified  
            requirements, authorized the board of supervisors of a county  
            to impose a tax, in addition to other local taxes, on the  
            privilege of selling cigarette and tobacco products at retail  
            within its boundaries, whether or not within an incorporated  
            city.  Among other things, the tax would be subject to  
            approval by a majority vote of the board of supervisors and by  
            a two-thirds vote of the qualified voters of the county and  
            would be imposed at an unspecified rate in increments of 1/8%.  
            The ordinance levying the tax would, among other things,  
            require the county to contract with the State Board of  
            Equalization with respect to the administration of the tax, as  
            provided.  AB 1040 was held in the Assembly Committee on  
            Revenue and Taxation.

          10)Support.  The American Cancer Society Cancer Action Network  
            (ACS CAN) states California has one of the lowest tobacco  
            taxes in the nation, currently ranking 35th with a tax of  
            0.87.  ACS CAN notes the average nationwide cigarette tax in  
            $1.60 per pack, and that local control of tobacco taxes is a  
            critical tool in allowing communities to set public health  
            priorities that can better meet the needs of its citizens.   
            ACS CAN concludes tobacco taxes are one of the most effective  
            ways to drive down smoking and studies have shown communities  
            benefit when those tobacco taxes are passed.

            The American Heart Association/American Stroke Association  
            (AHA/ASA) states regular, significant increases in the retail  
            price of cigarettes reduce the number of people who begin  
            smoking and increase the number of smokers who quit.  AHA/ASA  








          ABX2 10 (Bloom)                                    Page 9 of ?
          
          
            points out for every 10% increase in the price of cigarettes;  
            there is a 4% reduction in overall cigarette consumption and a  
            .5% reduction in youth consumption.
               
          11)Opposition.  The California Distributor Association opposes  
            this bill stating it would create massive confusion for  
            retailers and consumers alike because small businesses in the  
            same area but different municipalities will have different  
            tax-rates, allowing the store with the lower tax a business  
            advantage.
          
           SUPPORT AND OPPOSITION  :
          Support:  American Cancer Society Cancer Action Network  
          (sponsor)
                    American Heart Association/American Stroke Association
                    American Lung Association in California
                    Association of Northern California Oncologists
                    California Black Health Network
                    California Chronic Care Coalition
                    California Dental Association
                    California Medical Association
                    California Optometric Association
                    California Pan-Ethnic Health Network
                    California Primary Care Association
                    California Society of Addiction Medicine
                    Community Action Fund of Planned Parenthood of Orange  
                    and San Bernardino Counties
                    Health Access California
                    Medical Oncology Association of Southern California,  
                    Inc.
                    Planned Parenthood Advocacy Project Los Angeles County
                    Planned Parenthood Affiliates of California
                    Planned Parenthood Mar Monte
                    Planned Parenthood Northern California Action Fund
                    Planned Parenthood Action Fund of the Pacific  
                    Southwest

          Oppose:   California Chamber of Commerce
                    California Distributor Association
                    CalTax
                    Howard Jarvis Taxpayers Association
          
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          ABX2 10 (Bloom)                                    Page 10 of ?