BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1901


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          Date of Hearing:  April 27, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1901 (Quirk) - As Amended March 14, 2016


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          |Policy       |Governmental Organization      |Vote:|18 - 0       |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |Revenue and Taxation           |     |9 - 0        |
          |             |                               |     |             |
          |             |                               |     |             |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill makes it a misdemeanor to buy, sell, or possess  
          unaffixed cigarette stamps. Specifically, this bill: 


          1)Defines "unaffixed stamps" as cigarette stamps for which the  
            tax has previously been paid by a licensed distributor and  
            previously affixed to a package. The term does not include any  








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            unused or unapplied rolls of stamps or loose stamps acquired  
            from the State Board of Equalization (BOE) or its authorized  
            agent and in the possession of a licensed distributor. 


          2)Provides that any person who possesses, sells, or offers to  
            sell, or who buys or offers to buy, unaffixed stamps is guilty  
            of a misdemeanor, punishable by a fine or imprisonment in  
            county jail for up to a year, or both.


          3)Requires that BOE destroy unaffixed stamps. 


          FISCAL EFFECT:


          1)Minor and absorbable costs related to inspections and  
            enforcements. This bill would not lead to any additional  
            inspections on top of which are already being done. 


          2)Likely minor cost savings because of deterred tax evasion. 


          COMMENTS:


          1)Purpose. This bill is intended to combat the "used stamp  
            scheme," which is a tax evasion scheme that involves reused  
            cigarette tax stamps. 
             


          2)Background.  Existing law requires the cigarette tax to be  
            paid through the use of stamps or meter impressions, which  
            must be affixed to each package of cigarettes distributed.  
            Cigarette stamps resemble stickers and are encrypted with the  
            date, distributor information, and the cigarette brand. BOE  








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            inspection teams authenticate tax stamps with scanning  
            devices, and under existing law it is a misdemeanor to sell,  
            by, or possess fraudulent or false stamps. 



          3)Used stamp scheme. According to BOE, the sponsor of AB 1901,  
            inspection teams have identified a tax evasion scheme that  
            involves reusing legitimate cigarette tax stamps. In these  
            cases, the stamp is removed but reaffixed to another cigarette  
            pack. By applying used stamps to an untaxed cigarette pack,  
            taxpayers can avoid paying the tax and also disguise duty  
            free, counterfeit, stolen, or smuggled cigarettes. 



          4)Examples. The BOE notes that in one enforcement operation  
            alone, BOE staff found a storage unit containing nearly  
            206,000 unaffixed used stamps with a tax value of about  
            $179,000 placed on transfer sheets and prepared for affixation  
            to cigarette packs. In total, the BOE hopes that by making  
            possessing, selling, or buying unaffixed stamps a misdemeanor  
            can help prevent tax evasion in the range of $400,000  
            annually. 
          


          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081


















                                                                    AB 1901


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