BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1901| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. AB 1901 Page 2 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 AB 1901 Page 3 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 AB 1901 Page 4 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 AB 1901 Page 5 8/3/16 18:09:05 **** END ****