BILL ANALYSIS Ó
AB 2004
Page 1
Date of Hearing: April 2, 2014
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 2004 (Chesbro) - As Amended: February 20, 2014
SUBJECT : Department of Alcoholic Beverages Control: Annual
Report.
SUMMARY : Requires the Department of Alcoholic Beverage Control
(ABC or department) to include in its annual report to the
Legislature, the number of active field agents employed by the
department and the number and type of enforcement activities
conducted by the department and by local law enforcement
agencies in conjunction with the department by license type and
by region or county.
EXISTING LAW :
1) The enactment of the 21st Amendment to the U.S. Constitution
in 1933 repealed the 18th Amendment and ended the era of
Prohibition. Accordingly, states were granted the authority to
establish alcoholic beverage laws and administrative structures
to regulate the sale and distribution of alcoholic beverages.
2) Establishes ABC and grants it exclusive authority to
administer the provisions of the Alcoholic Beverage Control Act
(Act). This involves licensing individuals and businesses
associated with the manufacture, importation and sale of
alcoholic beverages in this state and the collection of license
fees for this purpose.
3) Provides that on or before March 1 of each year, the
director shall prepare and submit to the Legislature an annual
report on the department's activities and post the report on the
department's Internet Web site. The report shall include, but
not be limited to, the following information for the previous
fiscal year:
(a) The amount of funds allocated and spent by the department
for licensing, enforcement, and administration.
(b) The number of licenses issued, renewed, denied, suspended,
and revoked, by license category.
AB 2004
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(c) The average time for processing license applications, by
license category.
(d) The number and type of enforcement activities conducted by
the department and by local law enforcement agencies in
conjunction with the department.
(e) The number, type, and amount of penalties, fines, and other
disciplinary actions taken by the department.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : Currently, the ABC Director reports to the
Legislature annually the number and type of enforcement
activities by the department and by local law enforcement in
conjunction with the Department.
According to the author, "Unfortunately, the annual report does
not provide the actual number of ABC enforcement agents in the
field or the specific enforcement activities broken down by
region and county and by license type."
Further the author states, "AB 2004 merely ensures full
transparency for the Legislature as to how many active field
agents there are, a breakdown of type of license category that
are subject to enforcement activity and where those enforcement
efforts are occurring. This bill will provide the Legislature a
more accurate picture of ABC's staffing and workload issues
enabling better Legislative budget decisions."
In support : According to California Craft Brewers Association,
this bill will assist ABC in its mission to administer the
provisions of the Act in a manner that fosters and protects the
health, safety, welfare, and economic well-being of the people
of the State. A strong ABC is in the best interest of the
public and the alcohol beverage industry.
Prior legislation : AB 1425 (Committee on Governmental
Organization), Chapter 463, Statutes of 2013. Required ABC to
post its annual report to the Legislature on its Internet Web
site by March 1 of each year instead of submitting it to the
Legislature.
AB 2004
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AB 749 (Hall), Chapter 221, Statutes of 2011. Changed the
period covered by the Department of ABC annual report to the
Legislature from a "calendar" year time period to a "fiscal"
year.
SB 1480 (Committee on Governmental Organization), Chapter 296,
Statutes of 2010. Among other things, deleted the requirement
that the Director of ABC include recommendations for legislation
in the annual ABC report to the Legislature.
AB 2413 (Committee on Governmental Organization) Chapter 579 of
Statutes of 2002. Required ABC to include within its annual
report to the Legislature, the number and type of enforcement
activities conducted by local law enforcement agencies in
conjunction with the ABC.
REGISTERED SUPPORT / OPPOSITION :
Support
California Craft Brewers Association
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531