BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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. 









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          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  







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            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  







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            (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,  







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            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  







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            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  







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          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







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          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.









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          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


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