BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    ABX2 11


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          Date of Hearing:   September 8, 2015


                            ASSEMBLY COMMITTEE ON FINANCE


                                Shirley Weber, Chair


          ABX2 11  
          (Nazarian) - As Introduced July 16, 2015


          SUBJECT:  Cigarette and tobacco product licensing: fees and  
          funding.


          SUMMARY:  Updates the Cigarette and Tobacco Products Licensing  
          Program under the Board of Equalization (BOE) by increasing  
          licensing, distributor, and wholesaler fees.  Specifically, this  
          bill:  


          1)Increases, beginning January 1, 2016, the current one-time  
            retailer license fee of $100 per location to $265 per location  
            on an annual basis of a tobacco retailer license.


          2)Increases, beginning January 1, 2016, the annual distributor  
            and wholesaler licensing fee from $1,000 to $1,200.


          3)Requires BOE to report back to the Legislature no later than  
            January 1, 2019, regarding the adequacy of funding for the  
            Cigarette and Tobacco Products Licensing Act of 2003.   
            Requires the report to include data and recommendations about  
            whether the annual licensing fee funding levels are set at an  
            appropriate level to maintain an effective enforcement  
            program.








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          EXISTING LAW:  


          1) Requires, under the Cigarette and Tobacco Licensing Act of  
          2003 (Licensing Act), a retailer to have in place and maintain a  
          license to engage in the sale of cigarettes or tobacco products.  
           Provides that a retailer license is valid for a 12-month period  
          and must be renewed annually.





          2) Requires a retailer, in order to obtain a license, to file a  
          license application accompanied by a one-time license fee of  
          $100 for each retail location.  Requires the retailer to renew  
          the license annually but only requires the $100 fee per retail  
          location with the initial application.


          3) Requires, if a retailer's license has expired, that as a  
          condition of reinstatement, they pay an additional fee of $100.


          FISCAL EFFECT:  


          Unknown administrative costs for the BOE to make required  
          computer system changes and notify retailers.  The BOE indicates  
          that implementing the bill by January 1, 2016, will require the  
          BOE to redirect resources from existing responsibilities to make  
          the necessary changes included in this bill.  According to the  
          BOE, a delay in implementation to January 1, 2017, would allow  
          the BOE to make the necessary changes within existing resources  
          and estimates costs to be about $18,000 for 2015-16.  










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          According to the LAO, the estimated revenue raised from the  
          change in fee structure is about $11 million annually from  
          increased licensing fees on tobacco retailers and on  
          distributors and wholesalers (Compliance Fund).  


          COMMENTS:  


          According to the author, the one-time tobacco licensing fee is  
          not adequate to cover costs associated with maintaining a viable  
          enforcement program, which is crucial to help maintain Master  
          Settlement Agreement (MSA) compliance.  The author notes that  
          the intent of the bill is to shift the administrative costs from  
          the tobacco programs such as First 5 California, Proposition 10,  
          and Proposition 99 back to the retailers and wholesalers, while  
          maintaining the enforcement requirements under the MSA.     


          According to a 2015-16 LAO Budget Brief:  Cigarette Tax and  
          Licensing Programs, the initial influx of revenue from the  
          licensing program was sufficient to pay the program's costs,  
          however in subsequent years fee revenue has been one-tenth of  
          the initial level and expenditures consistently exceed revenue.   
          Beginning in 2005-06, annual expenditures averaged $7 million  
          more than annual fee revenue.  As a result, the Legislature, in  
          fiscal year 2006-07, allowed the BOE to charge the funds that  
          receive cigarette and tobacco excise tax revenue to cover the  
          administration of the licensing program.  Consequently, the  
          funds pay about four-fifths of the licensing program's costs,  
          which have led to reduced programmatic resources.


          










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          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Cancer Society Cancer Action Network


          American Heart Association/American Stroke Association


          American Lung Association in California
          California Academy of Family Physicians


          California Dental Association


          California Medical Association


          California Pan-Ethnic Health Network


          Children's Defense Fund - California


          Chronic Care Coalition


          First 5 Association of California 


          First 5 Los Angeles










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          Planned Parenthood Affiliates of California


          Service Employees International Union





          
          Opposition


          None on file. 


          


          Analysis Prepared by:Genevieve Morelos / FINANCE / 916-319-2099