OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http://www.cga.ct.gov/ofa

sSB-24

AN ACT CONCERNING THE GOVERNOR'S RECOMMENDATIONS REGARDING ELECTRONIC NICOTINE DELIVERY SYSTEMS AND YOUTH SMOKING PREVENTION.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 15 $

FY 16 $

Revenue Serv., Dept.

GF - Potential Revenue Gain

See Below

See Below

Judicial Dept.

GF - Potential Revenue Gain

See Below

See Below

Municipal Impact: None

Explanation

Section 1 of the bill creates a new offense of selling e-cigarettes to minors or possession of an e-cigarette. As this is a new offense, it is unknown how many violations would occur. In FY 13 there were 161 violations where a minor bought or was sold regular cigarettes, with a total revenue gain of approximately $22,000. It is anticipated that this new violation will result in a similar number of violations and revenue gain.

The bill creates a new civil penalty for misuse of information collected with electronic ID scanners and makes such misuse subject to a penalty of up to $1,000. This results in potential revenue gain to the Department of Revenue Services.

Section 2 alters the current process for civil penalty assessments by the Department of Revenue Services (DRS) for the purchase and sale of cigarette or tobacco products by and to minors by: 1) establishing a 24-month window for fining a minor for a second or subsequent violation for buying cigarettes, and 2) waiving the penalty for a first offense for dealers and distributors who successfully complete an online tobacco prevention education program. This does not result in any fiscal impact as it is DRS' current practice to issue a warning rather than levying a fine for a first offense.

Section 3 creates a new offense of selling individual cigarettes. This results in potential indeterminate revenue gain to the Judicial Department through fines as it is unknown how many violations will occur.

Section 4 eliminates the suspension of the activities of the Tobacco and Health Trust Fund (THTF) Board in FY 16 per Section 151 of PA 13-234 and increases the maximum amount that the Board can recommend to the Public Health and Appropriations Committees for disbursement from the Fund.  Section 151 of PA 13-234 limited the Board's disbursement recommendations to $3 million in FY 14 and FY 15. The bill, instead, limits the Board's recommendations to the unobligated balance of the Fund, up to $12 million, starting in FY 14. The projected unobligated FY 15 THTF balance, post the $6 million deposit from the Tobacco Settlement Fund (TSF), is approximately $10 million. The reduced transfer amount from the TSF to the THTF in FY 14 and FY 15 ($6 million instead of $12 million per Section 71 of PA 13-184) remains unchanged under the bill.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

Sources:

Judicial Department Offenses and Revenue Database