BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  SBX2 10
          Author:   Beall (D), et al.
          Introduced:7/16/15  
          Vote:     21  

           SENATE PUBLIC HEALTH AND DEVELOP. SVCS. COMM.:  9-3, 8/19/15
           AYES:  Hernandez, Beall, Hall, Leno, McGuire, Mitchell,  
            Monning, Pan, Wolk
           NOES:  Morrell, Moorlach, Nielsen
           NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/24/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Cigarette and tobacco product licensing: fees and  
                     funding


          SOURCE:    Author

          DIGEST:   This bill revises the Cigarette and Tobacco Products  
          Licensing Act of 2003 to change the retailer license fee from a  
          $100 one-time fee to a $265 annual fee, and increases the  
          distributor and wholesaler license fee from $1,000 to $1,200.

          ANALYSIS: 
          
          Existing law:

          1)Imposes a one-time license fee of $100 per location on  
            cigarette and tobacco retailers.  The fee is assessed at the  
            time a retailer submits an application for a license.








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          2)Imposes a fee of $1,000 per location with each license or  
            renewal application on cigarette and tobacco distributors and  
            wholesalers. 
          3)Requires a distributor, wholesaler, manufacturer, or importer  
            of cigarettes or tobacco products to register with and be  
            licensed by the Board of Equalization (BOE).

          4)Requires BOE to collect the retailer, and the distributor and  
            wholesaler license fees.

          This bill:

          1)Increases the license fee on cigarette and tobacco retailers  
            from $100 to $265, and requires the fee to be paid annually.

          2)Increases the license fee on cigarette and tobacco  
            distributors and wholesalers from $1,000 to $1,200.

          3)Requires the BOE to submit a report to the Legislature  
            regarding the adequacy of funding for the Cigarette and  
            Tobacco Products Licensing Act of 2003 (the Act). The report  
            shall include data and recommendations about whether the  
            annual licensing fee funding levels are set at an appropriate  
            level to maintain an effective enforcement program.

          4)Applies to calendar years beginning on, and after January 1,  
            2016.

          Comments
          
          1)Author's statement.  According to the author, in 2003  
            California enacted the Act which established a statewide  
            licensing program administered by the BOE. The Act was  
            established to reduce untaxed distributions and the illegal  
            sale of cigarettes and tobacco products.  

            The current licensing fee does not generate enough revenue to  
            cover the administrative costs associated with the program.  
            According to the Legislative Analyst's Office, in 2013-14 it  
            cost approximately $10 million to run the program while  
            revenue remained stagnant at $2 million. The BOE has also  
            stated that inadequate funding of this program can lead to a  
            lack of field enforcement or a reduction in compliance staff,  







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            potentially leading to further decreases in funding.  

            Further, in 2006, the Legislature approved a budget proposal  
            to begin charging special funds that receive cigarette and  
            tobacco excise tax revenue for part of the costs of  
            administering the licensing program. These funds support  
            programs such as childhood development; tobacco education and  
            prevention, tobacco-related disease research, health care for  
            low-income persons, environmental protection, and recreation  
            programs; and breast cancer related research and screening for  
            uninsured women. While this has helped increase the funding to  
            administer the license program, this change has reduced the  
            resources for programmatic purposes.

          2)Cigarette and Tobacco Products Licensing Act of 2003.  The Act  
            established a statewide licensing program for retailers,  
            manufacturers, distributors, and importers of cigarettes and  
            tobacco products, (AB 71, Horton, Chapter 890, Statutes of  
            2003). The Act was enacted to counter cigarette tax evasion  
            through illegal sales of cigarettes and tobacco products in  
            California. According to BOE, the Act has been successful in  
            reducing illegal sales.

          Related Legislation
          
          SBX2 5 (Leno)/ABX2 6 (Cooper) recast and broaden the definition  
          of "tobacco product" in existing law to include electronic  
          cigarettes as specified; extend current restrictions and  
          prohibitions against the use of tobacco products to electronic  
          cigarettes; extend current licensing requirements for  
          manufacturers, importers, distributors, wholesalers, and  
          retailers of tobacco products to electronic cigarettes; and  
          require electronic cigarette cartridges to be child-resistant.  
          SBX2 5 was heard on August 24, 2015, in the Senate  
          Appropriations Committee, and passed on a vote of 5-2. ABX2 6  
          will be heard on August 25, 2015, in the Assembly Public Health  
          and Developmental Services Committee.

          SBX2 6 (Monning)/ABX2 7 (Stone) prohibit smoking in  
          owner-operated businesses and remove specified exemptions in  
          existing law that allow tobacco smoking in certain workplaces.  
          SBX2 6 is currently on Third Reading on the Senate Floor. ABX2 7  
          will be heard on August 25, 2015, in the Assembly Public Health  
          and Developmental Services Committee.







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          SBX2 7 (Hernandez)/ABX2 8 (Wood) increase the minimum legal age  
          to purchase or consume tobacco from 18 to 21. SBX2 7 was heard  
          on August 24, 2015, in the Senate Appropriations Committee, and  
          passed on a vote of 5-2. ABX2 8 will be heard on August 25,  
          2015, in the Assembly Public Health and Developmental Services  
          Committee.

          SBX2 8 (Liu)/ABX2 9 (Thurmond and Nazarian) extend current  
          tobacco use prevention funding eligibility and requirements to  
          charter schools; broaden the definition of products containing  
          tobacco and nicotine, as specified, and prohibit their use in  
          specified areas of schools and school districts, regardless of  
          funding; and require specified signs to be prominently displayed  
          at all entrances to school property. SBX2 8 was heard on August  
          24, 2015, in the Senate Appropriations Committee, and passed on  
          a vote of 5-2. ABX2 9 will be heard on August 25, 2015, in the  
          Assembly Public Health and Developmental Services Committee.

          SBX2 9 (McGuire)/ABX2 10 (Bloom) allow counties to impose a tax  
          on the privilege of distributing cigarettes and tobacco  
          products. SBX2 9 is currently on Third Reading on the Senate  
          Floor. ABX2 10 will be heard on August 25, 2015, in the Assembly  
          Public Health and Developmental Services Committee.

          SBX2 10 (Beall)/ABX2 11 (Nazarian) revise the Act to change the  
          retailer license fee from a $100 one-time fee to a $265 annual  
          fee, and increase the distributor and wholesaler license fee  
          from $1,000 to $1,200.  ABX2 11 will be heard on August 25, 2015  
          in the Assembly Public Health and Developmental Services  
          Committee.

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

          According to the Senate Appropriations Committee:

          1)Unknown administrative costs for the BOE to make required  
            computer system changes and notify retailers (Compliance  
            Fund).  The BOE indicates that implementing this bill by  
            January 1, 2016 will require it to redirect resources away  
            from existing responsibilities to make the necessary system  
            changes. According to the BOE, a delay in implementation to  
            January 1, 2017 would allow the BOE to make the necessary  







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            changes within existing resources without delaying other  
            changes.

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


          SUPPORT:   (Verified8/25/15)


          American Cancer Society Cancer Action Network
          American Heart Association/American Stroke Association
          American Lung Association in California
          Association of Northern California Oncologists
          California Academy of Family Physicians
          California Black Health Network
          California Chronic Care Coalition
          California Dental Association
          California Medical Association
          California Optometric Association
          California Pan-Ethnic Health Network
          California Primary Care Association
          California Society of Addiction Medicine
           Community Action Fund of Planned Parenthood Orange and San  
            Bernadino Counties
          First 5 Association of California
          March of Dimes, California Chapter
          Medical Oncology Association of Southern California
          Planned Parenthood Action Fund of the Pacific Southwest
          Planned Parenthood Advocacy Project Los Angeles
          Planned Parenthood Affiliates of California
          Planned Parenthood Mar Monte
          Planned Parenthood Northern California Action Fund
          Service Employees International Union
          Solano County Board of Supervisors


          OPPOSITION:   (Verified8/25/15)


          None received









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          ARGUMENTS IN SUPPORT:     The supporters of this bill argue that  
          this bill will cover the cost of administering the BOE's  
          licensing program, which would eliminate the program's current  
          funding shortfall. Further, supporters argue that this will  
          result in more funding of Proposition 99 programs that help  
          reduce smoking, provide health care services, and support  
          tobacco-related research.
           

          Prepared by:Myriam Bouaziz /PHDS /
          8/26/15 14:13:14


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