Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2005

Introduced by Assembly begin delete Member end delete begin insert Members end insert Chesbro begin insert and Levine end insert

February 20, 2014

begin delete An act to amend Section 25200 of the Business and Professions Code, relating to alcoholic beverages. end delete begin insert An act to amend Sections 19421 and 19425 of the Business and Professions Code, relating to horse racing. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2005, as amended, Chesbro. begin delete Beer: labeling requirements. end delete begin insert California Horse Racing Board: membership and per diem. end insert

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Existing law, the Horse Racing Law, provides for the operation of live horse racing in this state and for wagering thereon, and for the operation of satellite wagering facilities, subject to regulation and oversight by the California Horse Racing Board, as specified. That law provides that the board consist of 7 members appointed by the Governor and that the members of the board receive a per diem of $100 for each day spent in attendance at official meetings and be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties.

end insert begin insert

This bill would expand the membership of the board to 11 members, 7 public members appointed by the Governor, 2 Members of the Senate appointed by the Senate Committee on Rules, and 2 Members of the Assembly appointed by the Speaker of the Assembly. The bill would provide that Members of the Legislature shall serve a term of not more than 4 years, with no limit on the number of terms that may be served by any one Member. The bill would provide that a Member of the Legislature may participate in the activities of the board to the extent that his or her participation is not incompatible with his or her position as a Member of the Legislature and would prohibit a legislative member of the board from receiving per diem or reimbursement for traveling and other expenses from the board for his or her service on the board.

end insert begin delete

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for specified labeling requirements for containers of alcoholic beverages sold within this state, and requires that all beer sold in the state have a label affixed to its package or container with the true and correct name and address of the manufacturer of the beer and the true and correct name of the bottler of the beer if other than the manufacturer. Existing law requires a beer manufacturer that refills any container supplied by a consumer to affix a label on the container that complies with these provisions prior to its resale to the consumer.

end delete begin delete

This bill would make a nonsubstantive change to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 19421 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

19421.  

begin insert (a) end insert begin insert   end insert The board consists of begin delete seven end delete begin insert 11 end insert members, begin insert seven
public members end insert appointed by the Governor begin insert , two Members of the
Senate appointed by the Senate Committee on Rules, and two
Members of the Assembly appointed by the Speaker of the
Assembly end insert . begin insert Each public member shall hold office for a term of four
years, commencing at the expiration of the previous term. A public
member shall be eligible for reappointment at the discretion of the
Governor. Any vacancy of a public member shall be filled by the
Governor for the unexpired term. end insert

begin insert

(b) Members of the Legislature shall serve a term of not more
than four years, with no limit on the number of terms that may be
served by any one Member. A Member of the Legislature may
participate in the activities of the board to the extent that his or
her participation is not incompatible with his or her position as a
Member of the Legislature.

end insert begin delete

Each member shall hold office for a term of four years,
commencing at the expiration of the previous term.

end delete begin delete

The term of the members of the board in office on January 1,
1959, shall expire as follows: one member July 26, 1959, one
member July 26, 1960, and one member July 26, 1961. The terms
shall expire in the same relative order as to each member as the
term for which he holds office on January 1, 1959.

end delete begin delete

The term of the members appointed pursuant to amendments
made to this section during the 1977-1978 legislative session shall
expire as follows: one on January 1, 1979 and one on January 1,
1982.

end delete begin delete

The term of the members appointed pursuant to amendments
made to this section during the 1979-80 Regular Session of the
Legislature shall expire as follows: one on January 1, 1982, and
one on January 1, 1984.

end delete begin delete

Any vacancy shall be filled by the Governor for the unexpired
term.

end delete begin delete

Each member shall be eligible for reappointment in the discretion
of the Governor.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 19425 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

19425.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert Except as provided in subdivision (b), the end insert
members of the board shall receive a per diem of one hundred
dollars ($100) for each day spent in attendance at meetings
scheduled by the chairperson of the board for the purpose of
fulfilling the duties of the board pursuant to this chapter, and shall
be reimbursed for traveling and other expenses necessarily incurred
in the performance of official duties.

begin delete

Notwithstanding any other provision of law, any member of the
board who is also a member of, and is entitled to receive the
benefits from, the Legislators’ Retirement System may elect to
forego the compensation provided by this section and, if the
compensation is foregone, the member shall not have his or her
retirement benefits reduced and shall not be required to be
reinstated into the retirement system.

end delete begin insert

(b) A Member of the Legislature serving on the board shall not
receive per diem or reimbursement for traveling or other expenses
from the board for his or her service on the board pursuant to
subdivision (a).

end insert

begin delete

SECTION 1.  

Section 25200 of the Business and Professions Code
is amended to read:

25200.  

(a) All beer sold in this state shall have a label affixed
to the package or container thereof, containing the brand and type
of beer, upon which shall appear the true and correct name and
address of the manufacturer of the beer, and also the true and
correct name of the bottler of the beer if other than the
manufacturer.

(b) A manufacturer, importer, or wholesaler of beer shall not
use a container or carton as a package or container of a beer other
than the beer as is manufactured by the manufacturer whose name
or brand of beer appears upon the container or carton, or use as a
package or container of a beer a container or carton which bears
the name of a manufacturer of beer or the brand of any beer other
than those of the manufacturer of the beer contained in the
container or carton.

(c) A beer manufacturer that refills any container supplied by
a consumer shall affix a label that complies with this section on
the container prior to resale of the container to the consumer. Any
information concerning any beer previously packaged in the
container, including, but not limited to, information regarding the
manufacturer and bottler of the beer, or any associated brands or
trademarks, shall be removed or completely obscured in a manner
not readily removable by the consumer prior to the resale of the
container to the consumer. This subdivision does not authorize a
beer manufacturer to refill a container supplied by a consumer
with a capacity of five liquid gallons or more.

end delete