SACRAMENTO – Assemblywoman Susan A. Bonilla (D-Concord) introduced Assembly Bill 18 of the Second Extraordinary Session, yesterday afternoon to help restore the community-based system for developmental disability services (DDS) in California.
ABx2-18, establishes the Cocktails for Healthy Outcomes Act, which adds a five cent charge per cocktail at any restaurant or bar beginning January 1, 2016. This bill will help ensure California’s compliance with the Lanterman Act, a California law passed in 1969, which provides people with developmental disabilities and their families the right to receive necessary services in their community.
“Currently, 280,000 Californian’s are diagnosed with a developmental disability that requires the state of California to fund regional centers, which provide respite care, transportation, day treatment, and independent and supported living programs,” said Assemblywoman Bonilla. “In the next three years alone, 24,000 children will leave public school and need services. The problem is, regional center workers are already extremely overburdened with caseload ratios of one worker to every seventy-five individuals seeking services.”
Long term funding reductions to the DDS system have left both regional centers and service providers struggling to serve more people with fewer resources. In order to meet caseworker ratios required under current statute, the state would need about 650 additional regional center workers. ABx2-18 will simply raise the price of a cocktail by a mere five cents per drink, which is projected to generate over $200 million annually for providers to deliver essential services to some of our state’s most vulnerable populations.
“During the Great Recession, the DDS community experienced over $1 billion in reductions, while demand is growing with over 10,000 additional individuals needing services each year,” continued Bonilla. “This very small charge – a nickel – will have a significant impact, easing hardships facing our developmentally disabled loved ones across California.”
Assemblywoman Susan A. Bonilla (D-Concord) was elected in November 2010 and represents California’s 14th Assembly District, which includes Contra Costa County and Solano County.
Here is a look at the Bill:
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 6012.4 is added to the Revenue and Taxation Code, to read:
6012.4.
Notwithstanding Section 6012, “gross receipts” shall not include the surtax imposed pursuant to Part 14.5 (commencing with Section 33001).
SEC. 2.
Part 14.5 (commencing with Section 33001) is added to Division 2 of the Revenue and Taxation Code, to read:
PART 14.5. Cocktails for Healthy Outcomes Act
33001.
This part is known, and may be cited, as the “Cocktails for Healthy Outcomes Act.”
33002.
(a) On and after January 1, 2016, there is hereby imposed a surtax on every individual for each purchase of a cocktail from an on-sale licensee for consumption or other use on the licensed, in-state premises of that on-sale licensee at the rate of five cents ($0.05) per cocktail.
33003.
(a) Every on-sale licensee making sales of cocktails for consumption or other use on the licensed, in-state premises of the licensee shall, at the time of making such a sale to an individual, collect the surtax as a charge separate from, and not included in, any other fee, charge, or other amount paid by the purchaser.
33004.
(a) An on-sale licensee required to collect the surtax imposed under this part shall register with the board. Every application for registration shall be made in a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of the licensee’s place or places of business, and any other information that the State Board of Equalization may require. An application for registration shall be authenticated in a form or pursuant to methods as may be prescribed by the State Board of Equalization.
33005.
The taxes imposed by this part are in addition to any other tax imposed under the Alcoholic Beverage Tax Law (Part 14 (commencing with Section 32001)), the Sales and Use Tax Law (Part 1 (Commencing with Section 6001)), or the Bradley-Burns Uniform Sales and Use Tax law (Part 1.5 (commencing with Section 7200)), or in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)).
33006.
For purposes of this part, the following definitions shall apply:
33007.
The Healthy California Special Fund is hereby established in the State Treasury. All revenues, less refunds, collected pursuant to this part shall be made in remittances to the State Board of Equalization and shall be deposited in the Healthy California Special Fund. Upon appropriation by the Legislature, all moneys in the fund shall be expended for the following purposes:
SEC. 3.
Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 5.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.
1 comment
This is great but then the mental illness advocates that say alcohol is an addiction will cry foul bc their alcoholics won’t be able to support their habits. What can we do? Smh
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