COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 3040-01

BILL NO.: SB 720

SUBJECT: Tobacco Products; Merchandising Practices; Crimes and Punishment; Federal-State Relations; Taxation-Sales and Use

TYPE: Original

DATE: January 24, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials of the Department of Public Safety, Office of State Courts Administrator, Department of Corrections, Office of the State Public Defender, Office of Prosecution Services and the Attorney General's Office stated that this proposal would have little or minimal fiscal impact to their agency.



Officials of the Department of Revenue (DOR) state this legislation prohibits grey market cigarettes. Normally these are cigarettes that are made for overseas markets, they are loaded on a ship sometimes for shipment and somehow find their way back to the US. This legislation will have no administrative impact on Department of Revenue. There could possibly be a very small increase in taxable cigarette sales if this somewhat non-taxable market is eliminated, but it would be too small to estimate.



Based on the Department of Revenue's response, Oversight for purposes of this fiscal note, will reflect the fiscal impact of the proposal as zero.



FISCAL IMPACT - State Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0





FISCAL IMPACT - Local Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0



FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



This act prohibits a tax stamp from being affixed to any package of cigarettes unless certain federal requirements are met. No stamp shall be affixed to any package that is labeled as not intended for sale inside the United States or has a label that has been altered. A violation is a Class D felony, and is also deemed a deceptive act or practice. The Department of Revenue may



DESCRIPTION

(Continued)



revoke a wholesale license of a person in violation of these provisions, and may seize the items involved.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION



Office of Prosecution Services

Office of State Courts Administrator

Office of the State Public Defender

Office of the Attorney General

Department of Corrections

Department of Revenue

Department of Public Safety





Jeanne Jarrett, CPA

Director

January 24, 2000