BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SBX2 9| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SBX2 9 Author: McGuire (D), et al. Introduced:7/16/15 Vote: 21 SENATE PUBLIC HEALTH AND DEVELOPMENTAL SERVICES COMMITTEE: 9-2, 8/19/15 AYES: Hernandez, Beall, Hall, Leno, McGuire, Mitchell, Monning, Pan, Wolk NOES: Morrell, Nielsen NO VOTE RECORDED: Anderson, Moorlach SUBJECT: Local taxes: authorization: cigarettes and tobacco products SOURCE: Author DIGEST: This bill allows counties to impose a tax on the privilege of distributing cigarettes and tobacco products. ANALYSIS: Existing law: 1)Imposes a tax on distributors of cigarettes and tobacco products, set at $0.87 per pack of 20 cigarettes. Requires the taxes on cigarette and tobacco products to fund a variety of programs and services including: health education, research, hospital care, fire prevention, environmental conservation, breast cancer research and early detection services, and early childhood development programs. SBX2 9 Page 2 2)Establishes the Board of Equalization (BOE) and requires the BOE to administer the tobacco tax provisions, including collecting the tax. 3)Requires the BOE to annually set a tax on other tobacco products, such as cigars and chewing tobacco, at an amount equivalent to the tax on cigarettes. 4)Requires a distributor, wholesaler, manufacturer, or importer of cigarettes or tobacco products to register with and be licensed by the BOE. 5)States that the cigarette and tobacco products taxes apply in lieu of all other state, county, municipal, or district taxes on the privilege of distributing cigarettes or tobacco products. The in-lieu language does not prohibit the application of a fee, the sales and use tax, Uniform Local Sales and Use Tax Law, or Transactions and Use Tax Law to the sale, storage, use or other cigarette or tobacco products consumption. This bill: 1)Allows a board of supervisors of a county, or city and county, to impose a tax on the privilege of distributing cigarettes and tobacco products in the county or city and county. 2)Allows a board of supervisors to impose this tax within an incorporated city within the county. 3)Requires a board of supervisors, subject to California Constitution limitations, to adopt an ordinance to levy a tax on the privilege of distributing cigarettes and tobacco products. The vote threshold is majority for a general tax, and two-thirds for a special tax. Comments 1)Author's statement. According to the author, tobacco use is the single most preventable cause of death and disease in California. Smoking claims the lives of nearly 40,000 people every year. In California alone, there are over 3.6 million adult smokers and 21,300 youth smokers. In fact, nearly half a million youth living in our state will die prematurely from SBX2 9 Page 3 tobacco related diseases. Increasing the cost of tobacco is widely recognized as the most effective way to reduce smoking across California, especially for young people. It has been 16 years since California last raised its tobacco tax and during that time, we have seen the state costs of providing health care increase significantly. In fact, smoking related diseases cost our state roughly $3.5 billion in direct expenses through tobacco related illness in Medi-Cal. At $0.87 per pack of cigarettes, our state currently ranks 35th in the nation for tobacco tax rates. The national average state tobacco tax is now $1.60 per pack. New York is the highest at $4.35 per pack. SB2X 9 allows counties, if they so choose, to increase local cigarette taxes, independent of the state. As a result, this legislation would provide counties more local control in reducing the public health effects of tobacco use. 2)Smoking prevalence. According to the 2012 Surgeon General's Report, nearly 90 % of smokers in the United States started smoking by the age of 18, and 99 % started by age 26. In California, 64 % of smokers start by the age of 18 and 96 % start by age 26. According to the Department of Public Health (DPH), in 2010, 36.8 % of high school students had smoked a whole cigarette by age 13 or 14, and illegal tobacco sales to minors rose to 8.7 % from 5.6 % in 2011. Yet, the state's adult smoking rate has hit a record low. In 2010, 11.9 % of the state's adults smoked, down from 13.1 % in 2009, making California one of only two states to reach the federal Healthy People 2020 target of reducing the adult smoking prevalence rate to 12 %. However, research highlights that the burdens of smoking do not fall evenly across the state. According to the American Lung Association (ALA), African-American men and women have the highest smoking usage rate at 21.3 % and 17.1 % respectively, followed by white men at 17.2 % and Latino men at 16 %. The ALA reports that Korean men have an unusually high tobacco usage rate at 27.9 %, as do Lesbian, Gay, Bisexual, and Transgender women who smoke at almost triple the rate of women in general. 3)Tobacco-related diseases. Every year, an estimated 443,000 people in the United States die from tobacco and smoking-related illnesses or exposure to secondhand smoke, according to the Centers for Disease Control and Prevention SBX2 9 Page 4 (CDC). The CDC also reports that another 8.6 million people suffer from serious smoking-related illnesses. According to DPH, smoking causes ischemic heart disease, cancer, stroke, and chronic lower respiratory diseases, which are the leading causes of death and disability among adults in California. Smoking-attributed diseases are an economic burden due not only to health care expenses but also productivity losses related to disability or early death. DPH asserts, since the 1988 passage of Proposition 99 in California, adult smoking rates declined by more than 40 % from 22.7 % to 13.3 % in 2008. As smoking rates declined, mortality and morbidity rates for diseases related to smoking also declined. This parallel trend, according to DPH, supports causal association between these conditions and smoking. 4)Tobacco taxes and other states. California's tobacco tax rate ($0.87) ranks 33rd when compared to the rates of other states. The national median cigarette tax rate is $1.54 per pack. The highest tobacco tax rate is in New York at $4.35 per pack and the lowest is Virginia at $0.30 per pack. Some local governments, such as New York City ($5.85 per pack total tax rate) and Chicago ($5.66 per pack total tax rate) have their own tax in addition to the state tax. California has not raised its cigarette excise tax since 1998. According to the Campaign for Tobacco-Free Kids, the average price for a pack of cigarettes in California is $5.44 with all taxes included. 5)Impacts of higher cigarette prices. According to the Legislative Analyst's Office (LAO), most revenue estimates assume that an increased tax on cigarettes would raise the retail prices of cigarettes to include the new cost. This could potentially result in consumers reducing the quantity of taxable products they consume. Additionally, the state and local governments in California incur costs for providing: 1) health care for low-income and uninsured persons and 2) health insurance coverage for state and local government employees and retirees. The LAO further reports, since the use of tobacco products has been linked to various adverse health effects, an increased cigarette tax could reduce state and local government health care spending on tobacco-related diseases over the long-term. DPH maintains that higher taxes are particularly effective in reducing smoking among vulnerable populations, such as youth, SBX2 9 Page 5 pregnant women, and low-income smokers. Increases in tobacco prices affect the behavior of the young and low-income, who tend to be more responsive to price changes than older and wealthier individuals. Higher tobacco taxes could encourage more low-income smokers to quit. According to the Federal Trade Commission Cigarette Report, since three out of every four smokers expected to quit because of cigarette tax increase are estimated to be low-income, the public health benefits of reduced tobacco-related illnesses from smoking will also be borne by lower-income households. However, if individuals considered to be low-income do not quit, the tobacco tax increase could be considered a regressive tax because these populations would be spending more of their income on the product. Higher cigarette prices through tax or fee increases can also exacerbate tax evasion and foster illegal cigarette sales. These illegal activities include increased smuggling of cigarettes and tobacco products into California and the sale of counterfeit cigarette stamps and products. According to the BOE, cigarette tax evasion is highly correlated with cigarette prices and excise tax rates. It was this concern regarding illegal sales that led to the enactment of the California Cigarette and Tobacco Products Licensing Act of 2003 (AB 71, Horton, Chapter 890, Statutes of 2003), which established a comprehensive licensing program for retailers, manufacturers, distributors, and importers of cigarettes and tobacco products. According to the BOE, the California Cigarette and Tobacco Licensing Act of 2003 has been successful in reducing illegal sales. 6)Local Tobacco Fee. The City and County of San Francisco's Cigarette Litter Abatement Fee is a $0.20 per pack of cigarettes fee collected at the point of sale by the retailer. The funds generated by the fee are used to abate cigarette litter through education and removal of cigarette litter. In 2008, the City and County of San Francisco spent over $24,792,558 in public litter clean up, with cigarette related waste alone amounting to approximately $6,098,969 of the City's annual litter removal costs. The fee is estimated to generate $5 million annually. The ordinance has been in effect since 2009. 7)Policy Comment. This bill authorizes a county to impose a tax SBX2 9 Page 6 on the privilege of distributing cigarettes and tobacco products. Unfortunately, collecting the tax may be costly and burdensome. If a cigarette distributor provides cigarettes to 10 counties in California, all with different local tax rates, compliance and bookkeeping may be difficult. Furthermore, if an out of county distributor is subject to the local tax, at what point will the tax be collected, at the point of sale to the local retailer? If the BOE, who has a relationship with all of the distributors, were to contract with the counties to collect the tax, the administrative cost may be more than the tax collected. The author may wish to specify the collection method of the tax if imposed. Related/Prior Legislation SBX2 5 (Leno)/AB X2 6 (Cooper) recast and broaden the definition of "tobacco product" in current 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. SB X2 5 will be heard on August 24, 2015 in the Senate Appropriations Committee. AB X2 6 will be heard on August 25, 2015 in the Assembly Public Health and Developmental Services Committee. SBX2 6 (Monning)/AB X2 7 (Stone) prohibit smoking in owner-operated businesses and remove specified exemptions in existing law that allow tobacco smoking in certain workplaces. SB X2 6 will be heard on August 24, 2015 in the Senate Appropriations Committee. AB X2 7 will be heard on August 25, 2015 in the Assembly Public Health and Developmental Services Committee. SBX2 7 (Hernandez)/AB X2 8 (Wood) increase the minimum legal age to purchase or consume tobacco from 18 to 21. SB X2 7 will be heard on August 24, 2015 in the Senate Appropriations Committee. AB X2 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 SBX2 9 Page 7 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. SB X2 8 will be heard on August 24, 2015 in the Senate Appropriations Committee. AB X2 9 will be heard on August 25, 2015 in the Assembly Public Health and Developmental Services Committee. ABX2 10 (Bloom) allows counties to impose a tax on the privilege of distributing cigarettes and tobacco products. AB X2 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 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 increase the distributor and wholesaler license fee from $1,000 to $1,200. SB X2 10 will be heard on August 24, 2015 in the Senate Appropriations Committee. AB X2 11 will be heard on August 25, 2015 in the Assembly Public Health and Developmental Services Committee. SB 653 (Steinberg, 2011), proposed to authorize the governing board of any county or city and county, any community college district, and any county office of education to levy, increase, or extend, among others, a cigarette and tobacco products tax. SB 653 died on the Senate inactive file. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified 8/21/15) American Academy of Pediatrics, California 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 SBX2 9 Page 8 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 California March of Dimes, California Chapter Medical Oncology Association of California Planned Parenthood Advocacy Project Los Angeles Planned Parenthood Affiliates of California Planned Parenthood Mar Monte Planned Parenthood Northern California Action Fund Planned Parenthood of the Pacific Southwest OPPOSITION: (Verified8/21/15) California Chamber of Commerce California Distributor Association California Retailers Association California Taxpayers Association Howard Jarvis Taxpayers Association National Federation of Independent Business ARGUMENTS IN SUPPORT: The supporters of this bill argue that this bill will help dissuade people from smoking, which causes various smoking-related diseases and is the single-largest preventable cause of death-killing more people than alcohol, AIDS, car crashes, illegal drugs, murders, and suicide combined. Supporters also cite the strains that tobacco-related illness cause on the state's health care system, which is estimated at $13.29 billion a year. Supporters argue that the burdens of smoking are disproportionately felt by underserved, low-income, and minority groups, and that an increased cigarette tax will further fund programs that currently exist to support these communities. SBX2 9 Page 9 ARGUMENTS IN OPPOSITION: The opponents of this bill argue that the bill will further add to the already regressive nature of tobacco taxes. Opponents also argue the bill will lead to tax evasion, and smokers will move their purchases to neighboring cities and counties. Further, they argue that the bill will create massive confusion for retailers and customers. Prepared by:Myriam Bouaziz / Public Health and Developmental Services / 8/21/15 13:57:51 **** END ****