LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 7284 NOTE PREPARED: Jan 6, 2025 BILL NUMBER: SB 372 BILL AMENDED: SUBJECT: E-liquids and Tobacco. FIRST AUTHOR: Sen. Alexander BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: Sale or Distribution to Minors: This bill increases the penalty for a person who: (1) makes a delivery sale of an e-liquid to an individual less than 21 years of age; (2) sells or distributes tobacco, an e-liquid, or an electronic cigarette to a person less than 21 years of age; and (3) purchases tobacco, an e-liquid, or an electronic cigarette for a person less than 21 years of age; from a Class C infraction to a Class B infraction. The bill makes it a Class B infraction for a person to make a delivery sale of a vapor product to an individual less than 21 years of age. The bill also makes it a Class B infraction for a person to: (1) sell or distribute a vapor product to a person less than 21 years of age; and (2) purchase a vapor product for a person less than 21 years of age. Possession by a Minor: The bill makes it a Class C infraction for a person less than 21 years of age to possess an e-liquid or vapor product. Effective Date: July 1, 2025. Explanation of State Expenditures: Alcohol and Tobacco Commission (ATC): The ATC would enforce the provisions regarding a delivery sale of an e-liquid or a vapor product to an individual who is less than 21 years of age. The bill’s requirements are within the agency’s routine administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Explanation of State Revenues: Sale or Distribution to Minors: The bill increases the penalty for a person to sell or distribute tobacco, an e-liquid, or an electronic cigarette to a person less than 21 years of age from a Class C infraction to a Class B infraction and expands the provision to include vapor products. Civil penalties for violations of this provision would be deposited in the Richard D. Doyle Youth Tobacco Education and Enforcement Fund. The bill would increase civil penalty revenue to the fund, but the revenue increase is expected to be small. [In FY 2024, the fund collected $282,075 in youth tobacco fines.] SB 372 1 Penalty Provision: The bill makes it a Class C infraction for a person less than 21 years of age to possess an e-liquid or vapor product. It also It also makes it a Class B infraction to sell an e-liquid or vapor product to a person less than 21 years of age. The maximum judgment for a Class C infraction is $500 and a Class B infraction is $1,000, which would be deposited in the state General Fund. The total court fee revenue per case would range between $85.50 and $103. The amount of court fees deposited will vary depending on whether the case is filed in a court of record or a municipal court. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases. Explanation of Local Expenditures: Explanation of Local Revenues: Penalty Provision: If additional court actions occur and a judgement is entered, more revenue will be collected by certain local units. If the case is filed in a court of record, the county will receive $33.90 and qualifying municipalities will receive a share of $2.10. If the case is filed in a municipal court, the county receives $20, and the municipality will receive $33.50. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases. State Agencies Affected: Alcohol and Tobacco Commission. Local Agencies Affected: Trial courts, local law enforcement agencies. Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual Fiscal Analyst: Nate Bodnar, 317-234-9476. SB 372 2