BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SBX2 10| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SBX2 10 Page 2 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, SBX2 10 Page 3 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. SBX2 10 Page 4 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 SBX2 10 Page 5 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 SBX2 10 Page 6 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 **** END ****