BILL ANALYSIS �
Bill No: AB
749
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 749 Author: Hall
As Introduced: February 17, 2011
Hearing Date: June 28, 2011
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
AB 749 changes the period covered by the Department of
Alcoholic Beverage Control (ABC) annual report to the
Legislature from a "calendar" year time period to a
"fiscal" year.
EXISTING LAW
Existing law establishes the Department of Alcoholic
Beverage Control (ABC) and grants it exclusive authority to
administer the provisions of the ABC Act in accordance with
laws enacted by the Legislature. 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 or occupation taxes for
this purpose.
Existing law requires the Department of ABC to prepare an
annual report to the Legislature on the department's
activities on or before March 1 of each year.
BACKGROUND
As noted above, existing law requires the Director of ABC,
on or before March 1 of each year, to submit to the
Legislature an annual report on the department's
AB 749 (Hall) continued
Page 2
activities. The law provides that the report must include,
but not be limited to, the following information for the
previous calendar year: (a) the amount of funds allocated
and spent by ABC for licensing, enforcement, and
administration; (b) the number of licenses issued, renewed,
denied, suspended and revoked; (c) the average time for
processing license applications; (d) the number and type of
enforcement activities; and, (e) the number, type, and
amount of penalties, fines, and other disciplinary actions.
This measure would instead, require the Department of ABC
to report for the previous fiscal year.
According to the author's office, this measure is intended
to align ABC's annual report on activities and enforcement
with the timing of their budget tracking and reporting
requirements. ABC contends that the dual tracking for
"calendar year" and "fiscal year" reporting creates
unnecessary duplication of their reporting duties while
increasing administrative costs and inefficiencies.
PRIOR/RELATED LEGISLATION
SB 738 (Evans) 2011-12 Session. Would extend the due date
of the Department of ABC's annual report to the Legislature
from March 1 of each year to April 1 of each year.
(Pending in Assembly G.O. Committee)
AB 1419 (Committee on Governmental Organization) 2011-12
Session. Would change the due date on the Department of
ABC's annual report to the Legislature from March 1 of each
year to March 31. (Pending on Senate floor)
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.
SUPPORT: None on file as of June 24, 2011.
OPPOSE: None on file as of June 24, 2011.
FISCAL COMMITTEE: Senate Appropriations Committee
**********
AB 749 (Hall) continued
Page 3