California 2009-2010 Regular Session Status: Enacted 1 D cosponsors

AB 813 — Alcoholic beverages: advertising.

Last action — Chaptered by Secretary of State - Chapter 647, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2009. Enacted.

Prognosis

Likely to advance 66% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    1 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Mixed recorded votes

    9 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. This bill would expressly authorize a beer manufacturer, holder of a winegrower's license, California winegrower's agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer's agent to purchase advertising space or time from specified fully enclosed venues located in Los Angeles County, as described, under specified conditions. This bill would require a venue owner that enters into a written agreement pursuant to this authorization to obtain an annual certificate from the Department of Alcoholic Beverage Control. This bill would additionally require the department to, in its annual report to the Legislature, include specified information with regard to this authorization. This bill would also make a beer manufacturer, holder of a winegrower's license, winegrower's agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer's agent who, through coercion or other means, induces the holder of a wholesaler's license to fulfill those contractual obligations guilty of a misdemeanor. This bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler's license to solicit a beer manufacturer, holder of a winegrower's license, winegrower's agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer's agent to purchase advertising time or space guilty of a misdemeanor. The bill thus imposes a state-mandated local program by creating new crimes. This bill would make findings regarding the need for special legislation. 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 act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 647, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 10:45 a.m.

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 66. Noes 4. Page 3552.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 13. Noes 1.) (October 26).

  6. Re-referred to Com. on G.O. pursuant to Assembly Rule 77.2.

  7. Joint Rule 62(a), file notice waived. (Page 3541.)

  8. Assembly Rule 77 suspended. (Page 3552.)

  9. In Assembly. Concurrence in Senate amendments pending. May be considered on or after October 28 pursuant to Assembly Rule 77.

  10. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 31. Noes 3. Page 2529.)

  11. Reconsideration granted. (Ayes 39. Noes 0. Page 2454.)

  12. Motion to reconsider made by Senator Cedillo.

  13. Read third time. Urgency clause refused adoption. (Ayes 22. Noes 1. Page 2454.)

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  16. (Ayes 23. Noes 14. Page 2280.)

  17. Senate Rule 29.10 suspended.

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 1.) (September 8).

  19. Joint Rule 62(a), file notice suspended. (Page 2256.)

  20. From committee: Be re-referred to Com. on G.O. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on G.O.

  21. Joint Rule 61(a)(12) suspended. (Ayes 39. Noes 0. Page 2222.)

  22. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  23. Read second time. To third reading.

  24. Read third time, amended. To second reading.

  25. Read second time. To third reading.

  26. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  27. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 1.) (July 8).

  28. Referred to Com. on G.O.

  29. In Senate. Read first time. To Com. on RLS. for assignment.

  30. Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1733.)

  31. Read second time. To third reading.

  32. From committee: Do pass. (Ayes 16. Noes 0.) (May 13).

  33. Re-referred to Com. on APPR.

  34. Read second time and amended.

  35. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 30).

  36. In committee: Set, first hearing. Hearing canceled at the request of author.

  37. Re-referred to Com. on G.O.

  38. From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.

  39. Referred to Com. on G.O.

  40. From printer. May be heard in committee March 30.

  41. Read first time. To print.

Sponsors

  • Cedillo · Cosponsor
  • John A. Perez · Primary
  • Audra Strickland · Cosponsor
  • Strickland · Cosponsor
  • Florez · Cosponsor
  • Hall · Cosponsor
  • Padilla · Cosponsor
  • Oropeza · Cosponsor
  • Wright · Cosponsor
  • Lisa Calderon · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 9 co-sponsors · 112 not signed on

Sponsors (1)

  • John A. Perez

Co-sponsors (9)

  • Cedillo
  • Audra Strickland
  • Strickland
  • Florez
  • Hall
  • Padilla
  • Oropeza
  • Wright
  • Calderon, Lisa Democratic

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate amendments be concurred in.

Passed 16 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 16105
Total 16105
% of votes cast 73%5%0%23%
How each member voted (22)
Member Party Vote
Hall — Yea
Chesbro — Nay
Evans — Not Voting
Cook — Yea
De — Yea
Leon — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Hill — Not Voting
Anderson — Not Voting
Lieu — Yea
Silva — Yea
Torres — Yea
Tran — Not Voting
Jeffries — Yea
Mendoza — Yea
Nestande — Yea
Torrico — Yea
Coto — Yea
Galgiani — Not Voting

Official roll call →

AB 813 PEREZ, J. Concurrence- Urgency Added

Passed 76 Yea · 4 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 704011
Democratic 3000
Republican 3000
Total 764011
% of votes cast 84%4%0%12%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Tom — Not Voting
Evans — Not Voting
Fong — Not Voting
Bonnie — Not Voting
Lowenthal — Not Voting
Saldana — Not Voting
Chesbro — Nay
Conway — Not Voting
Huffman — Nay
Mendoza — Yea
Miller — Yea
Nava — Yea
Bass — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Hayashi — Yea
Huber — Nay
Jeffries — Yea
Lieu — Yea
Ma — Yea
Monning — Not Voting
Nielsen — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Not Voting
Eng — Yea
DeVore — Yea
Yamada — Not Voting
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB813 John A. Perez Urgency Clause

Passed 31 Yea · 3 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 28307
Democratic 2000
Republican 1000
Total 31307
% of votes cast 76%7%0%17%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Harman — Yea
Hollingsworth — Yea
Wyland — Yea
Lowenthal — Yea
Runner — Yea
Kehoe — Yea
Negrete — Not Voting
Cedillo — Yea
Leno — Nay
Liu — Not Voting
McLeod — Not Voting
Cogdill — Yea
Corbett — Nay
Benoit — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Nay
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Huff — Yea
Maldonado — Yea
Pavley — Yea
Simitian — Not Voting
Wolk — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB813 John A. Perez Reconsider

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36002
Republican 1000
Democratic 2000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Runner — Yea
Negrete — Not Voting
Hollingsworth — Yea
Leno — Yea
McLeod — Not Voting
Oropeza — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Cedillo — Yea
Florez — Yea
Harman — Yea
Cogdill — Yea
Ducheny — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Pavley — Yea
Wiggins — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB813 John A. Perez By Cedillo

Failed 22 Yea · 1 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 201017
Democratic 2000
Republican 0001
Total 221018
% of votes cast 54%2%0%44%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Lowenthal — Yea
Cedillo — Yea
Cogdill — Not Voting
Hancock — Yea
Hollingsworth — Not Voting
Huff — Not Voting
Negrete — Not Voting
Runner — Not Voting
Corbett — Not Voting
Kehoe — Yea
Liu — Yea
McLeod — Not Voting
Oropeza — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Alquist — Yea
Benoit — Not Voting
Correa — Yea
Ducheny — Yea
Dutton — Not Voting
Wiggins — Nay
Wolk — Yea
Wright — Yea
Aanestad — Not Voting
Ashburn — Not Voting
Harman — Not Voting
Leno — Not Voting
Maldonado — Yea
Romero — Yea
Walters — Not Voting
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 9 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 8103
Democratic 1001
Total 9104
% of votes cast 64%7%0%29%
How each member voted (14)
Member Party Vote
Yee — Yea
Florez — Not Voting
Harman — Yea
Negrete — Not Voting
Denham — Yea
McLeod — Not Voting
Oropeza — Yea
Price — Yea
Wright — Yea
Benoit — Yea
Wiggins — Nay
Wyland — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 10 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9102
Democratic 1001
Total 10103
% of votes cast 71%7%0%21%
How each member voted (14)
Member Party Vote
Yee — Yea
Wyland — Yea
Negrete — Yea
Florez — Yea
Harman — Yea
Benoit — Nay
McLeod — Yea
Price — Yea
Oropeza — Not Voting
Wiggins — Not Voting
Wright — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

AB 813 HALL Assembly Third Reading

Passed 88 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 80004
Democratic 5000
Republican 3000
Total 88004
% of votes cast 96%0%0%4%
How each member voted (92)
Member Party Vote
Hall — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huber — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Yamada — Not Voting
Beall — Not Voting
Tran — Yea
Villines — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Not Voting
Logue — Yea
Ma — Yea
Monning — Not Voting
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
Hall — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Harkey — Yea
Krekorian — Yea
Miller — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 17 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17003
Total 17003
% of votes cast 85%0%0%15%
How each member voted (20)
Member Party Vote
Hall — Yea
Cook — Yea
De — Yea
Leon — Yea
Portantino — Yea
Galgiani — Yea
Hill — Yea
Jeffries — Not Voting
Anderson — Yea
Lieu — Yea
Mendoza — Yea
Nestande — Yea
Price — Yea
Torrico — Yea
Silva — Not Voting
Torres — Yea
Tran — Yea
Chesbro — Yea
Coto — Not Voting
Evans — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 813 do?
Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. This bill would expressly authorize a beer manufacturer, holder of a winegrower's license, California winegrower's agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer's agent to purchase advertising space or time from specified fully enclosed venues located in Los Angeles County, as described, under specified conditions. This bill would require a venue owner that enters into a written agreement pursuant to this authorization to obtain an annual certificate from the Department of Alcoholic Beverage Control. This bill would additionally require the department to, in its annual report to the Legislature, include specified information with regard to this authorization. This bill would also make a beer manufacturer, holder of a winegrower's license, winegrower's agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer's agent who, through coercion or other means, induces the holder of a wholesaler's license to fulfill those contractual obligations guilty of a misdemeanor. This bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler's license to solicit a beer manufacturer, holder of a winegrower's license, winegrower's agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer's agent to purchase advertising time or space guilty of a misdemeanor. The bill thus imposes a state-mandated local program by creating new crimes. This bill would make findings regarding the need for special legislation. 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 act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 813?
AB 813 is sponsored by Cedillo, John A. Perez, Audra Strickland, Strickland, Florez, Hall, Padilla, Oropeza, Wright, and Calderon, Lisa (Democratic).
What is the current status of AB 813?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 813?
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