BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  September 8, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          ABX2 18  
          (Bonilla) - As Introduced August 31, 2015


          SUBJECT:  Taxation: distilled spirits: Cocktails for Healthy  
          Outcomes Act.


          SUMMARY:  Imposes a $0.05 per drink tax on all spirits-based  
          cocktails purchased in restaurants, bars, and other venues in  
          the state to fund developmental disability services and other  
          health programs.  Specifically, this bill:  


          1)Imposes a surtax of $0.05 for each spirts-based cocktail  
            purchased by an individual from an on-sale licensee, beginning  
            January 1, 2016. 


          2)Requires the State Board of Equalization (BOE) to recalculate  
            the rate annually, for each calendar year beginning January 1,  
            2017, in accordance with the percent change in the California  
            Consumer Price Index.  Prohibits the rate from being less than  
            $0.05 per cocktail. 


          3)Requires the licensee to collect the surtax as a charge  
            separate from, and not included in, any other fee, charge, or  
            other amount paid by the purchaser. 









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          4)Requires the BOE to administer and collect the surtax imposed  
            by this bill pursuant to the Fee Collection Procedures Law. 


          5)Allows the BOE to prescribe, adopt, and enforce regulations  
            relating to the administration and enforcement of this bill,  
            including, but not limited to, collections, reporting,  
            refunds, and appeals. 


          6)Requires the licensee to remit the surtax to BOE quarterly on  
            or before the last day of the month succeeding each quarterly  
            period. 


          7)Requires licensees that collect the surtax pursuant to this  
            bill to register with the BOE as a surtax collector, as  
            specified. 


          8)Specifies that the taxes imposed by this bill are in addition  
            to any other taxes imposed under current law. 


          9)Specifies that the cocktail purchaser is liable for the surtax  
            until it has been paid to the BOE, except that payment to an  
            on-sale licensee is sufficient to relieve the purchaser from  
            further fee liability.


          10)Creates the Healthy California Special Fund (fund) within the  
            State Treasury, to receive revenues collected by BOE pursuant  
            to this bill.  


          11)Specifies that, upon appropriation by the Legislature, all  
            moneys in the fund will be expended to either: 









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             a)   Developmental disability services, and other health  
               programs; and


             b)   Reimbursement for expenses incurred by BOE pursuant to  
               this bill. 


          EXISTING LAW:  


          1)Establishes the State Department of Alcoholic Beverage Control  
            (ABC) and grants it the exclusive authority to administer the  
            provisions of the Alcoholic Beverage Control Act in accordance  
            with laws enacted by the Legislature.


          2)Contains various provisions regulating the application for,  
            the issuance of, the suspension of, and the conditions imposed  
            upon, alcoholic beverage licenses by ABC.


          3)Establishes the BOE to collect sales and excise taxes, among  
            its other duties.


          4)Imposes, under the Alcoholic Beverage Tax Law, the following  
            taxes and surcharges on the sale of beer, wine, and distilled  
            spirits:



                  ----------------------------------------------------- 
                 |                          |  Tax   |   Per   | Total |
                 |                          |        | Gallon  |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |Surcharge|       |








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                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |--------------------------+--------+---------+-------|
                 |Beer                      |  $0.04 |  $0.16  | $0.20 |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |--------------------------+--------+---------+-------|
                 |Wine (not more than 14%   |  $0.01 |  $0.19  | $0.20 |
                 |alcohol)                  |        |         |       |
                 |                          |        |         |       |
                 |--------------------------+--------+---------+-------|
                 |Wine (more than 14%       |  $0.02 |  $0.18  | $0.20 |
                 |alcohol)                  |        |         |       |
                 |                          |        |         |       |
                 |--------------------------+--------+---------+-------|
                 |Sparkling wine            |  $0.30 |  $0.00  | $0.30 |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |--------------------------+--------+---------+-------|
                 |Hard cider                |  $0.02 |  $0.18  | $0.20 |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |--------------------------+--------+---------+-------|
                 |Distilled spirits (100    |  $2.00 |  $1.30  | $3.30 |
                 |proof)                    |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |








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                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |                          |        |         |       |
                 |--------------------------+--------+---------+-------|
                 |Distilled spirits (100+   |  $4.00 |  $2.60  | $6.60 |
                 |proof)                    |        |         |       |
                 |                          |        |         |       |
                  ----------------------------------------------------- 



            The proceeds from these taxes and surcharges are deposited  
            into the Alcohol Beverage Control Fund and are withdrawn for  
            use by the General Fund or used to pay refunds under the  
            Alcoholic Beverage Tax program.


          5)Establishes an entitlement to services for individuals with  
            developmental disabilities under the Lanterman Developmental  
            Disabilities Services Act (Lanterman Act). 


          6)Grants all individuals with developmental disabilities, among  
            all other rights and responsibilities established for any  
            individual by the United States Constitution and laws and the  
            California Constitution and laws, the right to treatment and  
            habilitation services and supports in the least restrictive  
            environment.


          7)Establishes a system of 21 nonprofit regional centers  
            throughout the state to identify needs and coordinate services  
            for eligible individuals with developmental disabilities and  
            requires the Department of Developmental Services (DDS) to  
            contract with regional centers to provide case management  
            services and arrange for or purchase services that meet the  
            needs of individuals with developmental disabilities, as  
            defined.  








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          8)Establishes Department of Health Care Services (DHCS) as the  
            single state agency responsible for administering and  
            coordinating the state's efforts in alcohol and drug abuse  
            prevention, treatment, and recovery services.  


          FISCAL EFFECT:  This bill has not been analyzed by a fiscal  
          committee.


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, this bill will  
            help provide the necessary funding to ensure California's  
            compliance with the Lanterman Act, a California law passed in  
            1969, which provides people with developmental disabilities  
            and their families the right to receive necessary services in  
            their community.  There have been significant reductions in  
            the DDS budget.  One billion dollars has been lost since the  
            Great Recession. This is about 25% of the entire DDS budget.   
            According to information provided by the author, Approximately  
            $400 million is needed for DDS programs including in-home  
            supportive services, community-based programs, and supportive  
            living services. The current regional center caseload ratio is  
            1 worker/75 consumers. However, in statute the regional center  
            caseload is required to be 1 worker/62 consumers.  Given the  
            current regional center caseload, the state is at risk for  
            losing federal dollars if it does not come into compliance  
            with the Lanterman Act.  In order to meet caseworker ratios  
            required under current statute, the state would need about 650  
            additional regional center workers. The author further states  
            that the funding from a $0.05 charge on cocktails is needed  
            for providers to deliver respite care, transportation, day  
            treatment programs; and independent and supported living  
            programs to our developmental disability community.








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          2)BACKGROUND.  


             a)   Alcohol Consumption and Public Health.  According to the  
               Centers for Disease Control and Prevention (CDC), excessive  
               alcohol use, either in the form of heavy drinking (drinking  
               15 or more drinks per week for men or eight or more drinks  
               per week for women), or binge drinking (drinking five or  
               more drinks on an occasion for men or four or more drinks  
               on an occasion for women), can lead to increased risk of  
               health problems such as liver disease or unintentional  
               injuries.  Alcohol use contributes to illnesses as varied  
               as liver cirrhosis, esophageal cancer, pancreatitis, and  
               epilepsy.  It also plays a role in violent crimes such as  
               sexual assaults, domestic violence, and child abuse, while  
               also causing serious injuries and traffic fatalities.  

               According to the CDC's Behavioral Risk Factor Surveillance  
               System (BRFSS) survey, more than half of the adult U.S.  
               population drank alcohol in the past 30 days.   
               Approximately 5% of the total population drank heavily,  
               while 17% of the population binge drank.  The 2010 BRFSS  
               notes that, compared to other states, Californians report  
               relatively low rates of binge drinking.  CDC states that  
               excessive alcohol consumption cost the United States $223.5  
               billion in 2006.  This amounts to about $1.90 per drink, or  
               about $746 per person.  The costs due to excessive drinking  
               largely resulted from losses in workplace productivity (72%  
               of the total cost), health care expenses (11%), and other  
               costs due to a combination of criminal justice expenses,  
               motor vehicle crash costs, and property damage.


               
               While a relatively small percentage of drinkers report  
               binge or heavy drinking, these drinkers accounts for a  
               disproportionately high percentage of state costs.  CDC  
               estimates that binge drinking is responsible for more than  








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               70% of the cost of excessive alcohol use in all states and  
               the District of Columbia.  Additionally, about $2 of every  
               $5 of the economic costs of excessive alcohol use were paid  
               by federal, state, and local governments.  CDC found that  
               the total state costs for excessive drinking were generally  
               of the same order of magnitude as the costs for smoking and  
               Medicaid.





               California is the largest market for alcohol sales in the  
               United States.  It is estimated that in a single year,  
               Californians consume almost 14 billion alcoholic drinks  
               (including spirits, wine, and beer).  The National  
               Institute of Alcohol Abuse and Alcoholism Surveillance  
               Report #102 estimated that, nationally, Americans consumed  
               an average of 2.34 gallons of ethanol each in 2013.   
               California was ranked with 30 other high consumption states  
               that had over 2.31 gallons per person per year.  According  
               to the Distilled Spirits Council of the U.S., about  
               one-third of alcohol consumed in California is  
               spirts-based, while the remaining two-thirds are wine and  
               beer.  





               A 2006 study published in the American Journal of  
               Preventive Medicine calculated the cost of excessive  
               alcohol consumption in California at $32 billion, with  
               $13.7 billion coming from the state funds.  A 2008 study  
               published in the journal Alcoholism: Clinical and  
               Experimental Research titled "The Cost of Alcohol in  
               California" calculated the overall economic cost of  
               excessive alcohol consumption - including costs such as  
               health issues, injury, violent crime, property crime, and  








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               traffic collisions - at $38.5 billion.  According to the  
               California Department of Public Health, excessive alcohol  
               consumption caused approximately 88,000 deaths and 2.5  
               million years of potential life lost annually in the U.S.  
               during 2006 to 2010, making it the fourth leading  
               preventable cause of death.  In California, the rate of  
               alcohol-attributable deaths (ADD/year/100,000 population,  
               2006 to 2010) is higher for males (43.9) and African  
               Americans (36.6) in comparison with the total population  
               (29.4).



             b)   The Lanterman Act.  The Lanterman Act, which was enacted  
               in 1977, guides the provision of services and supports for  
               Californians with developmental disabilities.  Each  
               individual under the Act (typically referred to as a  
               "consumer") is legally entitled to treatment and  
               habilitation services and supports in the least restrictive  
               environment possible.  Lanterman Act services are designed  
               to enable all consumers to live more independent and  
               productive lives in the community.  The term "developmental  
               disability" is defined in statute as a disability that  
               originates before an individual attains 18 years of age,  
               continues, or can be expected to continue, indefinitely,  
               and constitutes a substantial disability for that  
               individual.  It includes intellectual disabilities,  
               cerebral palsy, epilepsy, and autism spectrum disorders.   
               It also includes disabling conditions that are closely  
               related to intellectual disabilities or require treatment,  
               care, and management similar to what is required for  
               individuals with an intellectual disability. These  
               conditions must occur before age 18, result in a  
               substantial handicap, be likely to continue indefinitely,  
               and involve brain damage or dysfunction (conditions that  
               are solely psychiatric or physical in nature are excluded).


               Passage of the Lanterman Act marked the beginning of  








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               California's shift from a model of care that relied on  
               institutional placement to one that focused on providing  
               services and supports at home or in other community-based  
               settings, and it was followed by a number of federal and  
               state legal decisions, as well as administrative and  
               legislative initiatives, which reinforced the new  
               entitlement to services.  Of particular note was the 1994  
               settlement agreement reached in the William Coffelt et. al.  
               v. the California Department of Developmental Services, et.  
               al. class-action lawsuit to develop additional community  
               placement options and reduce the population of individuals  
               in institutions by 2,000 within five years. Five years  
               later, the U.S. Supreme Court ruled in Olmstead vs LC (527  
               U.S. 581 (1999)) that a lack of community supports was not  
               legal grounds for denying people with disabilities a move  
               from an institution into a community setting if they could  
               benefit from community placement.  The court ruled that  
               such a denial constituted a violation of individual civil  
               rights, as well as discrimination under the Americans with  
               Disabilities Act. In California, 10 years after the  
               Olmstead decision, Capitol People First et al. v DDS, et  
               al. resulted in a settlement in which DDS and the regional  
               centers agreed to develop additional community living  
               options and establish new practices to ensure the Lanterman  
               Act's promise of services in the least-restrictive  
               environment would be maintained.





             c)   Regional Centers.  Direct responsibility for  
               implementation of the Lanterman Act service system is  
               shared by DDS and 21 regional centers.  Regional centers  
               are private nonprofit entities established pursuant to the  
               Lanterman Act that contract with DDS to carry out many of  
               the state's responsibilities under the Act.  The primary  
               duties of regional centers include intake and assessment,  
               individualized program plan development, case management,  








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               and securing services through generic agencies (e.g.,  
               school districts, In-Home Supportive Services) or  
               purchasing services provided by vendors.  Regional centers  
               also share responsibility with local education agencies for  
               the provision of early intervention services under the  
               California Early Intervention Services Act (e.g., Early  
               Start Program).  In fiscal year 2015-16, funding for DDS is  
               $5.9 billion (General Fund/federals fund). 



               Regional centers contract with a network of local providers  
               that are authorized to receive state and federal funding by  
               becoming vendors of the local regional center.  Prior to  
               being approved to receive funding from a regional center  
               for providing services to a consumer, a service provider  
               must become vendorized by the regional center that oversees  
               the catchment area in which the provider is located.  This  
               "vendorization" process includes verifying that the  
               provider is qualified to provide the planned services and  
               meets all other regulatory standards and requirements.  It  
               is important to note that vendorization makes a provider  
               eligible to provide services paid for by the regional  
               center, but does not guarantee the regional center will  
               refer consumers.  Furthermore, there is nothing precluding  
               a vendor from being vendorized by more than one regional  
               center.  There are over 45,000 vendors that provide  
               services paid for by regional centers in California. 



               Services provided to people with developmental disabilities  
               are determined through an individual planning process,  
               which is coordinated by regional center case managers.  
               Within this process,  planning teams-which include, among  
               others, the consumer, his or her parent(s) or other legally  
               authorized representative, and one or more regional center  
               representatives-jointly prepare an Individual Program Plan  
               (IPP) based on the consumer's needs and choices.  The  








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               Lanterman Act requires that the IPP promote community  
               integration and maximize opportunities for each consumer to  
               develop relationships, be part of community life, increase  
               control over his or her life, and acquire increasingly  
               positive roles in the community.  The IPP must give the  
               highest preference to those services and supports that  
               allow minors to live with their families and adults to live  
               as independently as possible in the community.  The  
               regional center caseload includes over 280,000 individuals  
               who receive services such as respite care, transportation,  
               day treatment programs, residential placements, behavioral  
               therapies, independent and supported living, supported  
               employment, and numerous other social and therapeutic  
               activities and services.  Another 10,000 individuals are  
               within the "diagnosis and evaluation" phase of their  
               respective regional centers, half of which are children  
               under three years of age. 



               According to DDS data, 60% of the regional center  
               population is between 18 and 61 years of age; about  
               two-thirds of all consumers have an intellectual  
               disability, just over 30% are diagnosed with autism or a  
               related disorder; and nearly 18% are identified as having  
               severe behaviors.  As of April 2015, around 77% of  
               consumers live in their own home with a parent or guardian,  
               and nearly 25,000 (8.9%) receive independent living or  
               supported living services.  As of July 1, 2015, there are  
                                                                                           1,077 regional center consumers who reside at one of  
               California's three developmental centers (Porterville,  
               Sonoma, and Fairview) and one state-operated, specialized  
               community facility (Canyon Springs).  These facilities  
               provide 24-hour habilitation and medical and social  
               treatment services. While some residents in these  
               facilities were voluntarily placed by relatives and  
               conservators due to acute medical needs and other special  
               needs that made it unsafe for them to live in the community  
               at the time of placement, other residents have experienced  








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               involuntary placements due to court orders (e.g., forensic  
               placements at Porterville Developmental Center within the  
               secured treatment unit). 



               The state's regional centers vary considerably in size and  
               organization, from Redwood Coast Regional Center, which  
               serves the smallest caseload at almost 3,500 consumers all  
               the way to Inland Regional Center, with a caseload of  
               30,000.  Additionally, while some regional center catchment  
               areas are geographically expansive, others provide services  
               alongside many other regional centers, often due to higher,  
               more concentrated populations.  For example, Inland  
               Regional Center, with the highest caseload for a single  
               regional center, covers San Bernardino and Riverside  
               Counties, whereas neighboring Los Angeles County includes  
               seven regional center catchment areas, which together serve  
               over 87,500 consumers.

             d)   Regional Center Rates.  Current statute and regulations  
               set forth rate requirements for regional centers to adhere  
               to when contracting with vendors to provide services to  
               consumers.  There are different types of rates for services  
               provided in different settings, many of which are  
               negotiated between regional centers and vendors and are  
               subject to a cap as a result of the state's  
               cost-containment efforts over the past several years. July  
               1, 2008 marked the original implementation date for  
               statewide and regional center median rates, with a  
               requirement that regional centers do not negotiate rates  
               higher than the lower of the two median rates for services.  
                Each regional center is required to annually certify to  
               DDS its median rate for each negotiated rate service, which  
               DDS verifies during its biennial fiscal audit of the  
               regional center.  Despite the median rate cap, a regional  
               center can obtain a rate increase from DDS under a "health  
               and safety exemption" for a particular consumer if the  
               regional center can demonstrate the exemption is necessary  








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               to maintain his or her health and safety.  Most recently,  
               FYs 2014-15 and 2015-16 Budget trailer bill provisions  
               allowed for provider rate increases to address new state  
               minimum wage requirements and sick leave benefits. 


          3)Alcoholic Beverage Taxes.  According to the National  
            Conference of State Legislatures, all 50 states, the District  
            of Columbia and Puerto Rico tax alcoholic beverages. Most  
            states have imposed excise taxes on alcoholic beverages since  
            the 1930s. Alaska and Oklahoma, in 1959, were the last states  
            to impose the tax.  Excise taxes on alcohol are intended to  
            generate revenue and discourage consumption by increasing  
            prices to the consumer. Proponents argue that alcoholic  
            beverage excise taxes improve the efficiency of the free  
            market by including the social costs of drinking in the price  
            of the product, while opponents argue that alcoholic beverage  
            taxes are a highly regressive form of taxation.  California,  
            among about two-thirds of the US states, allows licensed  
            private retailers to sell liquor, beer and wine. For these  
            states, revenues are generated through wholesale excise taxes.  
             


          4)SUPPORT.  The California Medical Association (CMA) states that  
            alcohol abuse is an issue that puts a significant cost burden  
            on California's healthcare system. Alcohol-related deaths from  
            car accidents still make up a third of all car accident  
            fatalities.  CMA further states that alcohol taxes reduce  
            excessive drinking and alcohol-related problems; one estimate  
            suggests that a nickel-per-drink increase in alcohol would  
            reduce fatal traffic accidents by 7%.   The California  
            Supported Living Network and other supporters of this bill,  
            state that it will provide an important funding source to keep  
            individuals and families together, living independently, and  
            getting the services that integrate them into communities. 


          5)OPPOSITION.  Opponents, representing makers, carriers, and  








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            sellers of alcohol products, assert that there are no negative  
            social costs associated with normal moderate consumption of  
            alcoholic beverages and this bill unfairly penalizes 90-95% of  
            responsible drinkers. They argue that this bill could make it  
            even more difficult for businesses that are struggling to keep  
            their doors open and retain employees during these difficult  
            economic times by disproportionately targeting a specific  
            category of products for fee increases.  Opponents maintain  
            that the alcohol industry already pays more than its fair  
            share of revenue to the state, and that this bill would add  
            new costs and reporting burdens on small businesses in  
            California's hospitality industry.  


          6)PREVIOUS LEGISLATION.  


          
             a)   AB 1694 (Beall) of 2010 would have established the  
               Alcohol-Related Services (ARS) Program within the  
               Department of Alcohol and Drug Programs (DADP) to mitigate  
               the harm of alcohol use and imposes a $0.05 mitigation fee  
               on beer, wine, and liquor to fund the ARS Program.  AB 1694  
               failed passage in Assembly Health Committee with a 5-8  
               vote. 



             b)   AB 1019 (Beall) of 2009, substantially similar to AB  
               1694, failed passage in the Assembly Health Committee by a  
               5-8 vote. 



             c)   SB 558 (DeSaulnier) of 2009, would have established the  
               Alcohol Abuse Treatment Fund and authorized ABC to assess  
               and collect a fee in the maximum amount of $0.05 per drink  
               from every person who is engaged in business in this state  
               and sells alcoholic beverages for resale.  SB 558 was  








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               referred to the Senate Governmental Organization Committee  
               but was never set for a hearing.



             d)   SB 297 (Romero) of 2007, would have authorized counties,  
               with voter approval, to levy a local tax on the consumption  
               of beer, wine, and distilled spirits consumed on the  
               premises of the seller of one of these products.  SB 297  
               was referred to the Senate Governmental Organization  
               Committee but was never set for a hearing. 

             e)   AB 216 (Chan) of 2004, would have required the BOE to  
               collect a fee from any beer manufacturer, distilled spirits  
               manufacturer, beer importer, and distilled spirits importer  
               of up to $100 million and required the DAPD to establish  
               youth alcohol recovery and prevention programs in every  
               county.  AB 216 failed passage in the Assembly Health  
               Committee.



             f)   SBX1-5 (Romero) and SB 108 (Romero) of 2003, would have  
               imposed a $0.05 per drink fee on any wholesaler located in  
               this state who distributes alcoholic beverages to retailers  
               for consumption in the state.  The fee would be based on  
               1.5 ounces of distilled spirits, 12 ounces of beer, and  
               five ounces of wine.  Both bills passed out of the Senate  
               Health and Human Services Committee but subsequently died  
               in the Senate Rules Committee.



          7)POLICY COMMENTS


             a)   Narrow tax on alcohol.  Negative health effects of  
               excessive alcohol consumption are not limited to  
               spirits-based drinks.  There is no health reason that  








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               alcohol from one source is better or worse than others.   
               Along the same lines, spirit alcohol consumed at home is  
               not necessarily less of a public health burden than spirit  
               alcohol consumed at a bar but the alcohol consumed at the  
               bar is subject to this tax.  The committee may wish to  
               consider why beer and wine drinks are not being included in  
               this bill and why this tax only applies to on-premise  
               alcohol consumption? 


             b)   Where are the funds going? The language in this bill  
               fails to specify how the funds will actually be allocated.   
               This bill refers broadly to "developmental disability  
               services" rather than specifically to the Department of  
               Developmental Services.  The addition of "among other  
               health programs" could open the door to spending these  
               funds on any number of programs such as Medi-Cal, Alcohol  
               and drug abuse treatment programs, or nearly any other  
               health-related program. 


             c)   Binding Future Legislatures.  This bill would require  
               the Legislature to appropriate the funds in the Healthy  
               California Special Fund for the specified purposes.  Of  
               concern is the fact that one legislative body may not limit  
               or restrict its own power or that of subsequent  
               legislatures, and the act of one Legislature may not bind  
               its successors [County of Los Angeles v. State of  
               California (1984) 153 Cal.App.3d 568, 573].  In practical  
               terms, it means that subsequent legislatures are under no  
               legal obligation to comply with the provisions of this  
               bill. 


             d)   Administrative issues and burden.  There are  
               approximately 18,000 to 20,000 licensees that would need to  
               register with BOE pursuant to this bill.  While these  
               retailers are already registered for the purposes of paying  
               their sales and use tax, this bill would be a new and  








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               different type of tax.  Due to substantial differences in  
               the tax programs, this bill may require a separate  
               registration, separate tax returns, and bookkeeping issues  
               for each retailer. In addition, retailers would have to  
               keep records of every mixed drink sold.  Many currently do  
               not, leading to additional compliance burdens.


               There are some hospitality industry practices that are not  
               clearly addressed under this bill, for example  
               complimentary alcoholic beverages; cash or ticket bars;  
               varying beverage or serving sizes; open bars; membership or  
               private club privileges; and others.  It is unclear if  
               certain transactions would be subject to the surtax or if  
               there may be certain industry practices that the author  
               should address in statute.  The author may wish to consider  
               amending the bill to resolve these issues, or  
               alternatively, to provide the BOE broad authority to  
               address surtax imposition and exemptions by regulation.


          8)SUGGESTED AMENDMENTS


             a)   Delayed implementation: January 1, 2016 may not allow  
               enough time for BOE to begin collecting this tax.  The  
               author may wish to consider delaying implementation to  
               January 1, 2017.  In section 33002 (b), the date on which  
               BOE must recompute the rate should be moved forward  
               accordingly. 


             b)   Technical amendment: because "board" is defined in the  
               bill to mean the State Board of Equalization, it is  
               unnecessary to use the full name elsewhere in the bill.   
               For consistency and clarity, all mentions of "State Board  
               of Equalization" should be stricken and replaced with just  
               "board". 









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          John Gioia, Supervisor, Contra Costa County


          Association of Regional Center Agencies


          California Medical Association


          California Society of Anesthesiologists


          California Supported Living Network


          East Bay Developmental Disabilities Legislative Coalition


          Futures Explored


          Strategies to Empower People




          Opposition


          California Craft Brewers Association








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          California Beer and Beverage Distributors


          California Manufacturers and Technology Association


          California Restaurant Association


          Diageo


          Distilled Spirits Council of the United States


          Howard Jarvis Taxpayers Association


          National Federation of Independent Business


          Wine Institute




          Analysis Prepared by:Dharia McGrew / HEALTH / (916) 319-2097


















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