BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          ABX2 11 (Nazarian) - Cigarette and tobacco product licensing:  
          fees and funding
          
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          |Version: July 16, 2015          |Policy Vote: P.H. & D.S.  9-4   |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: March 8, 2016     |Consultant: Brendan McCarthy    |
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          This bill does not meet the criteria for referral to the  
          Suspense File.

          Bill  
          Summary:  AB X2 11 would change the existing licensing fee  
          assessed on tobacco retailers from a one-time $100 fee to an  
          annual $265 fee. The bill would also increase the existing  
          $1,000 annual licensing fee assessed on tobacco distributors to  
          $1,200.


          Fiscal  
          Impact:  
           Unknown administrative costs for the Board of Equalization to  
            make required computer system changes and notify retailers  
            (Compliance Fund).  Previously, the Board indicated a January  
            1, 2017 operative date would allow the Board to make the  
            necessary changes within existing resources without delaying  
            other projects.

           Ongoing annual revenue increases of $11.1 million per year  
            from increased licensing fees on tobacco retailers and on  
            distributors and wholesalers (Compliance Fund).







          SB 151 (Hernandez)                                     Page 1 of  
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          Background:  Current law requires the Board of Equalization to license  
          tobacco wholesalers and retailers. The purpose of this licensing  
          requirement is to facilitate the collection of state tobacco  
          taxes and prevent tax evasion. Tobacco products are subject to  
          both a specific excise tax on tobacco products as well as the  
          general Sales and Use Tax. Under current law, retailers of  
          tobacco products pay a one-time, $100 fee to be licensed.  
          Distributors and wholesalers pay an annual licensing fee of  
          $1,000.


          Proposed Law:  
            AB X2 11 would change the existing licensing fee assessed on  
          tobacco retailers from a one-time $100 fee to an annual $265  
          fee. The bill would also increase the existing $1,000 annual  
          licensing fee assessed on tobacco distributors to $1,200.


          Related  
          Legislation:  SB X2 10 (Beall) is identical to this bill. That  
          bill is pending in the Assembly.


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