HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-466 In the Matter of RESOLUTION NO. 2403/466
Supporting AB 216 (Chan) ! 'C;L—
WHEREAS,alcohol is the number one youth drug problem in California—it is the leading cause of
death among teenagers; and
WHEREAS,AB 216 addresses the growing problem of alcohol-related problems by minors by
funding centers across the state to support youth alcohol prevention and recovery programs; and
WHEREAS,AB 216 pays for these centers by requiring alcohol producers to pay a fee based on the
proceeds they earn from illegal sale of alcohol to minors;and
WHEREAS,the number of 12-17 year-olds admitted to substance abuse treatment in Contra Costa
County has increased from 1.4%in 1994 to 6%in 2002;and
WHEREAS,recent studies by the Center on Alcohol Marketing and Youth show that youth are
overexposed to alcohol advertising. Young people are 45%more likely than adults to see beer ads in
magazines,and 27%more likely to see distilled spirit adds.
WHEREAS, youth drinking accounts for 12%of all consumption; and
WHEREAS,AB 216 addresses the growing problem of alcohol use and abuse by youth, via creating
centers to support youth alcohol recovery and prevention;and
WHEREAS,AB 216 would create at least one center in each county, and at least ten additional
centers in counties with populations of more than 2 million residents; and
WHEREAS,alcohol fees pay for the centers, and counteract aggressive marketing tactics by alcohol
producers;and
WHEREAS,the fee would be levied on beer manufacturers, distilled spirits manufacturers, and
importers, and would exclude wine producers and small brewers; and
WHEREAS,AB 216 is good for our children, and good for our community; and
NOW,THEREFORE BE IT RESOLVED, that the County of Contra Costa does hereby endorse
and support the passage of Assembly Bill 216 in the California legislature.
PASSED by unan;n,ous vote of the Contra Costa County Board.of Supervisors on this
5th day of August,2003
MARK DeSAULNIER
Chair r
District IV Superviso
JOHN GIOIA G E B.UILKEMA
District I Supervisor District II Supervis
MILLIE GREENBERG FEDEkAL D.GLOVER
District M Supervisor District V Supervisor
Witness my hand and the Seal of
the Board of Supervisors affixed
this 5th Day of August,2003
John Sweeten,Clerk of the Board
Introduced by of Supervisors and County
Supervisor John Gioia Administrator
By �r
Deputy
AB 216 Assembly Bill - AMENDED Page 1 of 5
BILL NUMBER: AB 216 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2043
AMENDED IN ASSEMBLY MARCH 27, 2003
INTRODUCED BY Assembly Member Chan
(Coauthors: Assembly Members Hancock, Koretz, Lieber, and
Vargas)
(Coauthor: senator Seta)
JANUARY 29, 2003
An act to add Article 6 (commencing with Section 23500) to Chapter
3 of Division 9 of the Business and Professions Code, and to add
Chapter 4.5 (commencing with Section 11759.7) to Part 1 of Division
10.5 of the Health and Safety Code, relating to alcohol recovery and
prevention.
LEGISLATIVE COUNSEL'S DIGEST
AB 216, as amended, Chan. Alcohol: fee: youth alcohol recovery
and prevention.
Existing law imposes various duties on the State Board of
Equalization in connection with the administration of various taxes
and fees.
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 matters, and
requires the department to collect various fees in connection
therewith. Existing law also imposes various duties on the State
Department of Alcohol and Drug Programs, including a program for the
alcohol and drug treatment of adolescents.
This bill would require the
State Board of Equalization to
collect a fee, as specified, from any beer manufacturer, distilled
spirits manufacturer, beer importer, and distilled spirits importer,
with specified exemptions. This bill would require the State
Department of Alcohol and Drug Programs to distribute, upon
appropriation, the fees to counties to fund alcohol recovery and
prevention centers in this state in accordance with a specified
allocation methodology. This bill would require that the centers be
administered by the counties in which they are established, thereby
imposing a state-mandated local program. This bill would require that
all fees, and earnings thereon, be expended, upon appropriation by
the Legislature, only for purposes of this bill, as specified.
This bill would become operative only if no bill from the 200.E-04
Regular Session that imposes or increases any surtax on alcoholic
beverages is chaptered. This bill would only be operative for years,
commen'c.ing with 2005, for which the Director of Finance determines
that a prudent reserve threshold is met, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
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AB 216 Assembly Bill - AMENDED Page 2 of 5
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 6 (commencing with Section 23500) is added to
Chapter 3 of Division 9 of the Business and Professions Code, to
read:
Article 6. Fee on Brewers and Distillers
23500. Except as provided in Section 23501, the
State Board
of Equalization shall collect a fee from any beer manufacturer,
distilled spirits manufacturer, beer importer, and distilled spirits
importer licensed pursuant to this division.
23501. The fee imposed by this article does not apply to, and no
fee imposed by this article may be assessed upon, beer manufacturer
licensees who produce 60,000 barrels or less a year.
23502. The mat:.. State Board of
Equalization shall, by regulation, establish specific fee
amounts to be assessed on licensees included in this article. To the
maximum extent practicable, the fees shall be assessed on the basis
of both of the following:
(a) The amount of the licensee's product that is consumed by
underage youth.
(b) The licensee's product "market share" of total alcohol
consumed by underage youth.
23503. The --dapa*4ao% State Board of
Equalization, in cooperation with the Department of Alcoholic
Beverage Control or any other state agency deemed appropriate by the
board, shall conduct an annual survey of youth alcohol
consumption practices and alcoholic beverage brand usage to support
its calculation of a licensee's fee amount under Section 23502.
23504. For the calendar year 2004, the total fee collected by the
-4wp-a4aan4 State Board of Equalization
may not exceed $100 million or the total retail revenues generated by
underage alcohol consumption as estimated by the
State Board of Equalization , whichever is
lower.
23505. The fees collected under this article shall be deposited
in the Youth Alcohol Prevention and Recovery Fund, which is hereby .
created in the State Treasury. Moneys in the fund shall, upon
appropriation by the Legislature, be expended exclusively for the
purposes of implementing this article and Chapter 4.5 (commencing
with Section 11755.7) of Part 1 of Division 9 of the Health and
Safety Code, including the State
Board of Equalization 's costs in administering this article
and the costs of the State Department of Alcohol and Drug Programs in
administering Chapter 4.5 (commencing with Section 11579.7) of Part
1 of Division 9 of the Health and Safety Code. All interest earned
on the moneys that have been deposited into the Youth Alcohol
Prevention and Recovery Fund shall be retained in that fund.
23506. No fee shall be collected from a corporation if the
4409a+ao-l-me State Board of Equalization
determines that underage drinkers did not consume that corporation's
alcoholic beverage products. The intent of the corporation not to
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promote illegal sales of its products to underage youth may not be
considered in making this determination.
23507. The fees collected pursuant to this article and Chapter
4.5 (commencing with Section 11759.7) of Part 1 of Division 9 of the
Health and Safety Code, and the earnings therefrom, shall be used
solely for the purposes of implementing this article and Chapter 4 .5
(commencing with Section 11759.7) of Part 1 of Division 9 of the
Health and Safety Code. The .i, a .- State
Board of Equalization may not collect fees pursuant to this
section in a total amount that exceeds the amount reasonably
anticipated by the depa6.4aeA ,State Board of
Equalization to fully implement this article and Chapter 4.5
(commencing with Section 11759.7) of Part 1 of Division 9 of the
Health and Safety Code. No funds other than the fees collected under
this article, including the earnings thereon, -may be expended for
the purposes of this article and Chapter 4.5 (commencing with Section
11759.7) of Part 1 of Division 9 of the Health and Safety Code.
23508. Regulations adopted for fee assessment and collection
pursuant to this section are exempt from any review by the Office of
Administrative Law as may otherwise be required by law.
SEC. 2. Chapter 4.5 (commencing with Section 11759.7) is added to
Part 1 of Division 10.5 of the Health and Safety Code, to read:
CHAPTER 4.5. YOUTH ALCOHOL RECOVERY AND PREVENTION
11759.7. For purposes of this part:
(a) "Department" means the State Department of Alcohol and Drug
Programs.
(b) "Youth" shall mean those individuals under 21 years of age.
(c) Except where the context requires otherwise, the definitions
set forth in Division 9 (commencing with Section 230100) of the
Business and Professions Code shall apply to this chapter.
11759.8. (a) The department shall establish youth alcohol
recovery and prevention centers in this state and shall distribute,
upon appropriation by the Legislature, the fee revenues, including
the earnings thereon, collected under Article 6 (commencing with
Section 23500) of Chapter 3 of Division 9 of the Business and
Professions Code, among the counties to fund those centers, in
accordance with the standard allocation methodology agreed to by the
department and the County Alcohol and Drug Program Administrator's
Association of California, and described in the February 1997
Allocations Report to the Legislature.
(b) The centers shall be administered through the county
departments of alcohol programs. The purpose of the centers is to
support youth alcohol prevention, and youth recovery from problems
related to alcohol consumption. A local planning process shall be
utilized to develop the centers and a local youth committee shall be
established to oversee the centers. The centers shall provide:
(1) Community-based youth-driven prevention activities including,
but not limited to, educational support, youth mobilization,
leadership development, skills assessment and development, and
vocational training and job placement, provided these activities are
designed to prevent youth alcohol-related problems.
(2) Alcohol-free environments for youth and their families that
promote peer interactions, mutual support, and 12-step based
assistance for youth with chronic or acute alcohol problems.
(3) Nonresidential and nonclinical services for youth and their
families.
(4) Meeting space for Alcoholic Anonymous and other mutual
self-help meetings that support youth recovery.
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(5) Referral services for youth who require therapeutic
interventions other than peer-based recovery services as a result of
their consumption of alcoholic beverages.
(6) Positive, alcohol-free social and recreational activities for
youth that support the peer-based recovery services.
(7) Environmental prevention activities, and educational and media
programs that support youth recovery and counter messages that
encourage youth alcohol consumption.
(8) Collaboration with other community organizations, and
educational and training opportunities for youth that develop healthy
lifestyles free of alcohol consumption.
(c) Participation in any activities or the use of any services
provided at the centers shall be voluntary. The centers shall
provide the services listed in subdivision (b) as a means to
encourage healthy lifestyles among participating youth. The centers
shall keep records of group activities, but may not keep any records
of the status or activities of any single individual. The centers may
not conduct drug testing, maintain individual case files, or develop
individual progress notes or treatment plans. Individual sessions
with participating youth provided by trainers, peers, sponsors, or
staff shall be for the purposes of promoting healthy life choices or
recovery plans, and may not include formal therapeutic interventions.
If a center, determines that a youth participant requires
therapeutic intervention, it shall make a referral to an appropriate
community agency for formal diagnosis and treatment.
11759.9. The department shall promulgate regulations to ensure
that the centers fulfill the functions described in Section 11759.8.
The department shall review existing state regulations and policies
to determine whether state regulations or policies hamper or inhibit
the responsible operation of these programs. The department shall
issue a biennial report to the Legislature that assesses the costs,
quality, and effectiveness of the centers` recovery and prevention
programs. This report shall be sent to all local health departments
and be made broadly available to the public.
11759.10. The centers established and maintained pursuant to this
chapter, including the administration, development, and oversight of
those centers, shall be fully supported from the fees collected
pursuant to Article 6 (commencing with Section 23500) of Chapter 3 of
Division 9 of the Business and Professions Code. Notwithstanding
the scope of activity mandated by this chapter, in no event may this
chapter be interpreted to require services necessitating expenditures
in any fiscal year in excess of the fees, and earnings therefrom,
collected pursuant to Article 6 (commencing with Section 23500) of
Chapter 3 of Division 9 of the Business and Professions Code. This
chapter shall be implemented only to the extent fee revenues pursuant
to Article 6 (commencing with Section 23500) of Chapter 3 of
Division 9 of the Business and Professions Code are available for
expenditure for purposes of this chapter.
SEC. 3. This act shall become operative only if no bill from
the 2003-04 Regular Session of the Legislature that imposes or
increases any surtax on alcoholic beverages is chaptered, and, if no
such bill is chaptered, shall be operative only for each year
beginning on or after January 1, 2005, for which the Director of
Finance certifies pursuant to subdivision (b) that the prudent
reserve threshold has been met.
(b) (1) No later than November 1 of 2004, and on or before each
November 1 thereafter, the Director of Finance shall do both of the
following:
(A) Estimate whether, as of June 30 of the current fiscal year,
the amount in the Special Fund for Economic Uncertainties, as
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established pursuant to Section 16418 of the Government Code, will
exceed 3 percent of General Fund Revenues for the current fiscal
year.
(S) Certify his or her estimate to the Governor and each house of
the Legislature.
(.2) For purposes of this subdivision, the Director of Finance
certifies that the prudent reserve threshold has been met when he or
she certifies, pursuant to paragraph (1) , that the amount in the
Special Fund for Economic Uncertainties as of June 30 of the current
fiscal year is estimated to exceed 3 percent of General Fund revenues
for the current fiscal year.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
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