Bill Text: CA SB558 | 2009-2010 | Regular Session | Amended
Bill Title: Alcohol Abuse Treatment Program Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB558 Detail]
Download: California-2009-SB558-Amended.html
BILL NUMBER: SB 558 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2009
INTRODUCED BY Senator DeSaulnier
FEBRUARY 27, 2009
An act to add Division 10.56 (commencing with Section 11972.10) to
the Health and Safety Code, relating to alcohol abuse programs.
LEGISLATIVE COUNSEL'S DIGEST
SB 558, as amended, DeSaulnier. Alcohol Abuse Treatment Program
Fund.
Existing law requires the State Department of Alcohol and Drug
Programs to perform various functions and duties with respect to the
development and implementation of state and local substance abuse
treatment programs.
This bill would, in addition, establish the Alcohol Abuse
Treatment Program Fund and would authorize the Department of
Alcoholic Beverage Control to assess and collect a fee in an amount
not to exceed $0.05 per drink from every person who is engaged in
business in this state and sells alcoholic beverages for resale, as
prescribed. The bill would require the fees to be deposited into the
fund and would make those moneys available, upon appropriation by the
Legislature, exclusively for alcohol abuse programs established
pursuant to this bill. The bill would authorize the State Department
of Alcohol and Drug Programs to establish, or contract or provide
grants for the establishment of, public education, outreach,
counseling, case management, and recovery services, related to
alcohol abuse.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 10.56 (commencing with Section 11972.10) is
added to the Health and Safety Code, immediately following Section
11970.45, to read:
DIVISION 10.56. ALCOHOL ABUSE TREATMENT PROGRAM FUND
11972.10. The Legislature finds and declares all of the
following:
(a) Alcohol-related problems cost Californians an estimated $38.4
billion annually, including costs for alcohol abuse-related crime and
illness, incarceration, lost productivity, as well as impacts on the
welfare system, trauma and emergency care, and foster care system.
(b) One out of every nine Californians suffers from alcohol
addiction, and eight out of every 10 felons sent to state prisons are
substance abusers.
(c) There is a clear nexus between alcohol-related problems and
the need for substance abuse treatment services.
(d) There are significant benefits of alcohol abuse treatment
programs and they are effective. People who complete treatment find
employment and pay taxes, lead alcohol abuse-free lives, and become
productive members of their communities.
(e) Annually, there are over 220,000 admissions to publicly funded
alcohol treatment services.
(f) Alcohol treatment services reunify families, and decrease
criminal justice activities and costs.
(g) Effective prevention and treatment services for youth increase
school attendance and academic performance.
(h) California prevention services reach 4.3 million people
annually.
(i) The State of California can no longer continue to subsidize
the costs associated with the consumption of alcoholic beverages
within the state.
(j) This act is necessary to combat the adverse effects of alcohol
use and abuse.
(k) It is the Intent of the Legislature to impose a regulatory fee
pursuant to this division within the limitations approved by the
Supreme Court of California in Sinclair Paint Co. v. State Bd. of
Equalization (1997) 15 Cal.4th 866.
11972.15. 11972.10. (a) The
Department of Alcoholic Beverage Control shall assess and collect a
fee in the amount not to exceed five cents ($0.05) per drink from any
person engaged in business in this state as described in Section
6203 of the Revenue and Taxation Code and making sales of alcoholic
beverages, where the sale is for the purpose of resale in the regular
course of business of the purchaser, except that the fee shall be
assessed only at the first point of sale within the state. The amount
of the fee shall be sufficient to defray the costs of the Department
of Alcoholic Beverage Control and the State Department of Alcohol
and Drug Abuse Programs in implementing this division, but not in
excess of the amount needed to fully implement this division. The fee
shall be based on 1.50 ounces of distilled spirits, 12 ounces of
beer, and 5 ounces of table wine. The fees shall be collected in the
same manner as other fees pursuant to Chapter 3 (commencing with
Section 23300) of Division 9 of the Business and Professions Code.
(b) All funds collected pursuant to subdivision (a) shall be
deposited in the Alcohol Abuse Treatment Program Fund, which is
hereby established in the State Treasury.
(c) The State Department of Alcohol and Drug Programs and the
Department of Alcoholic Beverage Control shall be reimbursed for
costs associated with implementing this division from the fund.
(d) Fees collected pursuant to this section shall, upon
appropriation by the Legislature, be used exclusively for the
purposes of funding alcohol abuse treatment programs pursuant to this
section, including, but not limited to, the cost of administrating
this division.
(e) The State Department of Alcohol and Drug Programs shall
establish, enter into contracts for the establishment of, or provide
grants for the establishment of, programs to provide public
education, outreach, screening, counseling, case management, and
recovery services directly related to alcohol abuse.
(f) Any fee imposed pursuant to this division shall be consistent
with all applicable legal requirements for imposing fees, including
the requirements set forth in Sinclair Paint Co. v. State Bd. of
Equalization (1997) 15 Cal.4th 866.
(g) Notwithstanding any provision of law to the contrary,
including, but not limited to, this division, the fees generated
pursuant to this division shall be expended only in a manner that is
consistent with their status as a regulatory fee pursuant to the
standards set forth in Sinclair Paint Co. v. State Bd. of
Equalization.
