BILL NUMBER: SB 108 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2003
AMENDED IN SENATE MARCH 12, 2003
AMENDED IN SENATE MARCH 10, 2003
INTRODUCED BY Senator Romero
(Principal coauthors: Assembly Members Chu and Koretz)
(Coauthors: Senators Alarcon, Escutia, Kuehl, and Soto)
(Coauthors: Assembly Members Lieber and Longville)
JANUARY 30, 2003
An act to add Section 23335 to the Business and Professions Code,
and to add Chapter 13 (commencing with Section 1900) to Division 2.5
of the Health and Safety Code, relating to emergency medical
services, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 108, as amended, Romero. Emergency medical services: alcohol:
fee.
The Alcoholic Beverage Control Act imposes various functions and
duties on the Department of Alcoholic Beverage Control with respect
to the sale of alcoholic beverages and related licensing.
Existing law establishes various health services programs
administered by, among other state agencies, the State Department of
Health Services.
This bill would enact the Alcohol-Related Emergency Services
Reimbursement Act of 2003, which would require the
department State Board of Equalization to
collect a $0.05 per drink fee, based upon a specified formula, from
any wholesaler located within the state who distributes alcoholic
beverages to retailers for consumption in the state. The bill would
establish the Alcohol-Related Emergency Services Reimbursement Trust
Fund, to be administered by the State Department of Health
Services department , would allocate
funds into which moneys collected by the
board from the imposition of the fees, would be deposited
and would continuously appropriate money from the fund to the
State Department of Health Services
department for allocation to local emergency medical services
providers that meet the qualifications established by the department
for reimbursement of expenses incurred in providing services for
alcohol-related emergencies, and to the Department of
Alcoholic Beverage Control State Board of Equalization
and the State Department of Health Services
department for costs associated with implementing the
above provisions.
The bill would require, after 2 years of implementing the bill,
that the department evaluate the economic impact of the bill on the
alcohol industry and submit its evaluation to the Legislature.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Emergency medical services are inadequate to properly meet the
needs of the residents of California.
(b) In the last 10 years, over 70 emergency rooms and trauma
centers have shut their doors in the state.
(c) Alcohol-related incidents on California roads cost over $3
billion per year in monetary costs.
(d) Alcohol is a factor in nearly one-third of all vehicle crashes
in the state, and emergency rooms and trauma centers are the primary
medical services providers for those injured in these incidents.
(e) From July 1, 2000, to June 30, 2001, inclusive, 60 percent of
all patients admitted to emergency rooms and trauma centers in Los
Angeles County tested positive for alcohol.
(f) Emergency rooms and trauma centers can no longer afford to
continue to pay for these services without reimbursement.
(g) Alcohol distributors within the State of California should
reimburse the state for moneys expended by the state as a direct
result of the use and abuse of these products.
(h) The State of California is facing an unprecedented budget
shortfall that necessitates drastic cuts in programs and services to
the people of California.
(i) The State of California cannot continue to subsidize the costs
associated with the consumption of alcoholic beverages within the
state.
(j) The Alcohol-Related Emergency Services Reimbursement Act of
2003 is necessary to combat the adverse effects of alcohol use and
abuse.
SEC. 2. This act shall be known, and may be cited, as the
Alcohol-Related Emergency Services Reimbursement Act of 2003.
SEC. 3. Section 23335 is added to the Business and Professions
Code, to read:
23335. (a) The Department of Alcoholic Beverage Control
State Board of Equalization shall collect a
five-cent ($0.05) per drink fee from any wholesaler located within
the state who distributes alcoholic beverages to retailers for
consumption in the state. The fee shall be based on 1.50 ounces of
distilled spirits, 12 ounces of beer, and 5 ounces of table
wine.
(b) All funds collected pursuant to subdivision (a) shall be
deposited in the Alcohol-Related Emergency Services Reimbursement
Trust Fund established pursuant to Chapter 13 (commencing with
Section 1900) of Division 2.5 of the Health and Safety Code.
(c) The department (1) The board
shall be reimbursed for costs associated with implementing this
section pursuant to Section 1901 of the Health and Safety Code.
(2) The board may implement this section in a manner consistent
with its current operations, to the extent possible, to allow for
administrative efficiency. The board may assess and collect fees, to
the extent authorized in this section, at the same time and in the
same or a similar manner as provided for the assessment and
collection of taxes under the Alcoholic Beverage Tax Law (Part 14
(commencing with Section 32001) of Division 2 of the Revenue and
Taxation Code).
(d) Fees collected pursuant to this section shall be used solely
to implement this section and Chapter 13 (commencing with Section
1900) of Division 2.5 of the Health and Safety Code. The
department shall board may not collect fees
pursuant to this section in excess of the amount needed to fully
implement this section and Chapter 13 (commencing with Section 1900)
of Division 2.5 of the Health and Safety Code.
SEC. 4. Chapter 13 (commencing with Section 1900) is added to
Division 2.5 of the Health and Safety Code, to read:
CHAPTER 13. ALCOHOL-RELATED EMERGENCY SERVICES REIMBURSEMENT
TRUST FUND
1900. The Alcohol-Related Emergency Services Reimbursement Trust
Fund is hereby created in the State Treasury. The fund shall be
administered by the State Department of Health Services. The fund
shall consist of fees collected by the Department of
Alcoholic Beverage Control State Board of Equalization
from wholesalers located within the state who distribute
alcoholic beverages to retailers for consumption in the state,
pursuant to Section 23335 of the Business and Professions Code.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund are continuously appropriated to the State Department of
Health Services, without regard to fiscal years, for purposes of
implementing this chapter.
1901. Moneys in the fund Alcohol-Related
Emergency Services Reimbursement Trust Fund shall be allocated
to the following persons and entities:
(a) Local emergency medical services providers, including , but
not limited to, emergency departments, trauma centers, emergency and
oncall physicians, entities that provide initial prehospital
emergency medical stabilization services, emergency ambulance
transportation, and other emergency medical professionals and
entities, that meet the qualifications established by the department
for reimbursement of expenses incurred in providing services for
alcohol-related emergencies. An alcohol-related emergency includes
an incident that results in the provision of medical services,
including transportation services, to a victim who is injured as a
result of, or in which a causative agent was, the ingestion of
alcohol. An alcohol-related emergency may also include, but is
not limited to, an accident involving personal injury, including a
traffic accident, an altercation, or an incident of violence,
including domestic violence. The department shall adopt
regulations that establish criteria to identify incidents
and emergencies that qualify as alcohol-related emergencies.
regulations that establish the acceptable methods for
determining whether an incident or emergency is alcohol related,
which may include, but shall not be limited to, a blood alcohol test
performed by the hospital or law enforcement, a consultation with law
enforcement or local emergency medical providers, self-declaration
by a patient, declaration by a physician or nurse, and an interview
upon patient stabilization.
(b) The Department of Alcoholic Beverage Control
State Board of Equalization , for the costs
associated with collecting the fee specified in Section 23335 of the
Business and Professions Code.
(c) The department, for the costs associated with implementing
this chapter.
(d) Priority for full reimbursement under subdivision (a), shall
be given to persons or entities that are unreimbursed by insurance or
the individual patient. Any funds remaining at the end of a
12-month period of the collection of fees pursuant to Section 23335
of the Business and Professions Code and the distribution of funds
pursuant to this section, and subsequent to a reconciliation of funds
with reimbursement prioritized for uncompensated care, shall be
applied to reimburse the remaining claims.
(e) Subsequent to the full reimbursement of all claims as provided
in subdivision (d), any remaining funds shall be refunded equitably
to all wholesalers who complied with the fee imposed pursuant to
Section 23335 of the Business and Professions Code during the
collection cycle.
1902. Qualifying persons or entities shall submit forms to the
department for purposes of obtaining reimbursement under this
chapter.
1903. The department shall adopt regulations necessary to
implement this chapter.
1904. After two years of implementing this chapter, the
department, in consultation with the State Board of Equalization and
governmental entities with information about the status of the
alcohol industry, shall evaluate the economic impact of this chapter
on the alcohol industry, including its impact on jobs and profits in
the industry. The evaluation shall be submitted to the Legislature
upon completion.