BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1901|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 1901
          Author:   Quirk (D) 
          Amended:  8/1/16 in Senate
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 6/29/16
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/1/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  79-0, 5/5/16 (Consent) - See last page for  
            vote

           SUBJECT:   Taxation:  cigarettes:  unaffixed stamps


          SOURCE:    Author


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


          ANALYSIS:  


          Existing law:


          1)Imposes a tax on cigarette distributors at the rate of $0.87  
            per package of 20 cigarettes.  








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          2)Requires that the cigarette tax is paid through the use of  
            stamps or meter impressions.  Specifically, these stamps or  
            meter impressions must be affixed to each package of  
            cigarettes distributed.  


          3)Imposes a fine of up to $50,000, or imprisonment not to exceed  
            one year in county jail, or both, for possessing, selling, or  
            buying false or fraudulent cigarette tax stamps or meter  
            impressions, and requires the state Board of Equalization  
            (BOE) to destroy any stamps seized.  Any fines assessed are  
            deposited in the Cigarette and Tobacco Products Compliance  
            Fund.  


          This bill:


          1)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.


          2)Requires the BOE to seize and destroy these stamps aggregated  
            for reuse purposes.  


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


          Background


          BOE's inspection teams have recently identified tax evasion  
          schemes involving reused cigarette tax stamps.  For example, an  
          inspector's scan revealed that a stamp affixed to a pack of  







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          Marlboros had originally been applied to a pack of Camels.  In  
          these situations, it is obvious that the original stamp was  
          subsequently reused and affixed to another cigarette pack.   
          These used stamps can be acquired by rummaging through trash  
          bins or retailers may acquire them by offering to unwrap  
          cigarette packages for their customers.  By applying used stamps  
          to an untaxed cigarette pack, taxpayers may evade the tax and  
          disguise duty free, counterfeit, stolen, smuggled, and otherwise  
          untaxed cigarettes as legitimate.  The majority of these used  
          stamps appear to be affixed to counterfeit and duty free  
          cigarettes.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee, BOE estimates  
          that based on current trends, enactment of this bill could deter  
          tax evasion of about $400,000 annually (special funds). BOE  
          would incur absorbable administrative costs to notify affected  
          retailers, amend appropriate publications, and answer inquiries.




          SUPPORT:   (Verified8/3/16)


          American Cancer Society Cancer Action Network
          American Lung Association
          California Distributors Association
          Fiona Ma, State Board of Equalization Member
          State Board of Equalization


          OPPOSITION:   (Verified8/3/16)


          None received


          ARGUMENTS IN SUPPORT:     According to the author, "Under  
          existing law, cigarette distributors are required to pay an  







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          87-cents excise tax on each pack of cigarettes by purchasing a  
          tax stamp which is affixed on each pack of cigarettes prior to  
          distribution.  The BOE's inspection teams have recently  
          identified cigarette tax evasion schemes where used tax stamps  
          were re-used and affixed to another cigarette pack to evade the  
          87-cents per cigarette pack excise tax.  BOE inspectors have  
          also found large collections of used stamps that are intended  
          for reuse.  Current law is ambiguous whether BOE inspection  
          teams have the authority to seize and destroy the collection of  
          used stamps, even though it is clear that the used stamps have  
          been collected for the purpose of re-using the stamp to evade  
          the stamp tax.  AB 1901 clarifies that it is a misdemeanor for  
          anyone to possess, buy, sell, or offer to buy or sell any used  
          cigarette tax stamps.  It also authorizes the BOE to seize and  
          destroy used cigarette tax stamps aggregated for reuse purposes.  
           Unlike postage stamps or trading cards that are collectibles  
          with value, cigarette tax stamp collections have value solely  
          related to tax evasion.  During 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.  AB 1901 serves to combat this tax evasion scheme,  
          minimize tax evasion opportunities, and assist in making the  
          marketplace fair and equitable for those that are legitimately  
          paying the excise tax."



          ASSEMBLY FLOOR:  79-0, 5/5/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Beth Gaines

          Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119







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