BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1400 (Wieckowski) - Retail tobacco licenses
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: February 19, 2016      |Policy Vote: B., P. & E.D. 6 -  |
          |                                |          1                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: May 27, 2016      |Consultant: Brendan McCarthy    |
          |                                |                                |
           ----------------------------------------------------------------- 
          

          Bill  
          Summary:  SB 1400 would revise the definition of a "retail  
          location" under the Cigarette and Tobacco Products Licensing Act  
          to limit the sale of cigarettes and tobacco products to "tobacco  
          stores" as currently defined in law.


          *********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
             The following information is revised to reflect amendments 
                      adopted by the committee on May 27, 2016




          Fiscal  
          Impact:  
           No fiscal impact is anticipated by the Department of Public  
            Health with respect to its enforcement of the Stop Tobacco  
            Access to Kids Enforcement Act.

           One time increase in tobacco retailer licensing fees of about  
            $700,000 in the first year, offset in future years by an  







          SB 1400 (Wieckowski)                                   Page 1 of  
          ?
          
          
            ongoing reduction of $470,000 per year in licensing fee  
            revenues (Compliance Fund).  The definitional change in the  
            bill will result in a substantial reduction in the number of  
            retail businesses that can legally sell cigarettes and tobacco  
            products in the state. According to the Board of Equalization,  
            this change is expected to prohibit about 30,000 retailers  
            (including grocery stores and gas stations) from selling  
            tobacco products. This would leave about 2,200 existing  
            retailers that are likely to meet the new definition of a  
            "retail location". In addition, the Board estimates that an  
            additional 7,000 new retail locations would open to meet  
            existing demand for tobacco products. The Board anticipates an  
            initial influx of licensing application fee revenue from those  
            new retail locations, offset in future years from reductions  
            in license applications from retail locations no longer  
            authorized to sell tobacco products.

           Reduced total excise tax and sales tax revenues on tobacco  
            products of $84 million per year (various funds). The Board of  
            Equalization projects reduced tobacco excise tax revenues of  
            about $56 million per year (about 10% of which would come from  
            the General Fund and the remainder from special funds that  
            support a variety of public health programs). The Board  
            estimates reduced sales tax revenues of about $29 million per  
            year (about 50% coming from the General Fund and the remainder  
            coming from local government sales tax revenues). The Board  
            estimates that most consumers will shift their purchases of  
            tobacco products from retailers such as gas stations or  
            grocery stores to tobacco stores. However, the Board also  
            projects an overall reduction in tobacco consumption from this  
            change, due to the reduced convenience having to purchase  
            tobacco products only at tobacco stores.

           Unknown, but significant health care cost savings to public  
            payers (various funds). According to the Centers for Disease  
            Control and Prevention, estimates of annual direct health care  
            costs related to smoking are between $130 billion and $180  
            billion per year, nationally. This bill is likely to reduce  
            health care costs, by reducing tobacco use rates. If the  
            long-term reduction in the expenditure of health care costs  
            relating to smoking is proportional to the reduction in the  
            use rate, total direct health care costs in the state would be  
            reduced by as much as $1 billion per year in the long-run. A  
            significant portion of those savings would likely accrue to  








          SB 1400 (Wieckowski)                                   Page 2 of  
          ?
          
          
            public payers such as the Medi-Cal program and CalPERS. 


          Author  
          Amendments:  Delay implementation until January 1, 2019.


                                      -- END --