California 2019-2020 Regular Session Status: In Committee 3 D cosponsors

AB 138 — California Community Health Fund.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for various programs that prevent disease and promote health, including the Safe Drinking Water Supplemental Benefit Pilot Program that provides, until July 1, 2020, additional benefits to residents of prioritized disadvantaged communities to purchase safe drinking water. Existing law imposes various taxes, including taxes of the privilege of engaging in certain activities. The Fee Collection Procedures Law provides procedures for the collection of certain fees and surcharges and establishes criminal penalties for specified acts, including making it a misdemeanor to knowingly or willfully file a false return and making it a felony to willfully evade or attempt to evade or defeat the payment of a fee. This bill, subject to specified exemptions, would impose a fee on every distributor, as defined, for the privilege of distributing bottled sugary drinks and concentrate in the state, at a rate of $0.02 per fluid ounce and for the privilege of distributing syrups and powders concentrate in this state, either as concentrate or as sweetened beverages derived from that concentrate, at the rate of $0.02 per fluid ounce of sweetened beverage to be produced from concentrate. The bill would require the California Department of Tax and Fee Administration to administer and collect the fee pursuant to the Fee Collection Procedures Law, to register the distributors upon whom the fee is imposed, and would authorize the California Department of Tax and Fee Administration to promulgate and enforce regulations related to administration of the fee. The bill would require the fees to be deposited into the California Community Health Fund, created by the bill. The bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to specified entities, including the State Department of Public Health, the State Department of Health Care Services, the State Department of Social Services, and the State Department of Education, to promote health equity, to reduce health disparities, to improve oral health, and to prevent the leading causes of illness, injury, and premature death. The bill would authorize state departments to award competitive grants to local organizations in support of the bill's objectives, and would authorize the State Department of Social Services to prioritize the revenues that it receives from the California Community Health Fund to fund the Safe Drinking Water Supplemental Benefit Pilot Program. The bill would require the State Department of Social Services to coordinate with the State Water Resources Control Board for purposes of conducting any activities related to the Safe Drinking Water Supplemental Benefit Pilot Program and that are funded by the California Community Health Fund. The bill would extend the Safe Drinking Water Supplemental Benefit Pilot Program to July 1, 2025, and would repeal those provisions on January 1, 2026. Because the bill would expand the application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. This bill would make legislative findings and declarations relating to the consumption of sweetened beverages, diabetes, childhood obesity, and dental disease. 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 include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII   A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

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

  4. Re-referred to Com. on REV. & TAX.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  6. From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 8. Noes 6.) (April 9). Re-referred to Com. on REV. & TAX.

  7. Re-referred to Com. on HEALTH.

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

  9. Referred to Coms. on HEALTH and REV. & TAX.

  10. Read first time.

  11. From printer. May be heard in committee January 7.

  12. Introduced. To print.

Sponsors

  • Bloom · Primary
  • Chiu · Cosponsor
  • McCarty · Cosponsor
  • Nazarian · Cosponsor
  • Buffy Wicks · Cosponsor
  • Monning · Cosponsor
  • Scott D. Wiener · Cosponsor
  • Mia Bonta · Cosponsor

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 114 not signed on · 2 voted No

Sponsors (1)

  • Bloom

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"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

Do pass and be re-referred to the Committee on [Revenue and Taxation]

Passed 8 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4401
Democratic 4100
Republican 0100
Total 8601
% of votes cast 53%40%0%7%
How each member voted (15)
Member Party Vote
Burke — Yea
Wood — Yea
McCarty — Yea
Nazarian — Yea
Santiago — Nay
Rodriguez — Nay
Bigelow — Nay
Waldron — Nay
Mayes — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Ramos, James C. Democratic Nay
Wicks, Buffy Democratic Yea
Flora, Heath Republican Nay

Official roll call →

Subjects

taxation healthcare education
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Frequently asked questions

What does AB 138 do?
Existing law provides for various programs that prevent disease and promote health, including the Safe Drinking Water Supplemental Benefit Pilot Program that provides, until July 1, 2020, additional benefits to residents of prioritized disadvantaged communities to purchase safe drinking water. Existing law imposes various taxes, including taxes of the privilege of engaging in certain activities. The Fee Collection Procedures Law provides procedures for the collection of certain fees and surcharges and establishes criminal penalties for specified acts, including making it a misdemeanor to knowingly or willfully file a false return and making it a felony to willfully evade or attempt to evade or defeat the payment of a fee. This bill, subject to specified exemptions, would impose a fee on every distributor, as defined, for the privilege of distributing bottled sugary drinks and concentrate in the state, at a rate of $0.02 per fluid ounce and for the privilege of distributing syrups and powders concentrate in this state, either as concentrate or as sweetened beverages derived from that concentrate, at the rate of $0.02 per fluid ounce of sweetened beverage to be produced from concentrate. The bill would require the California Department of Tax and Fee Administration to administer and collect the fee pursuant to the Fee Collection Procedures Law, to register the distributors upon whom the fee is imposed, and would authorize the California Department of Tax and Fee Administration to promulgate and enforce regulations related to administration of the fee. The bill would require the fees to be deposited into the California Community Health Fund, created by the bill. The bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to specified entities, including the State Department of Public Health, the State Department of Health Care Services, the State Department of Social Services, and the State Department of Education, to promote health equity, to reduce health disparities, to improve oral health, and to prevent the leading causes of illness, injury, and premature death. The bill would authorize state departments to award competitive grants to local organizations in support of the bill's objectives, and would authorize the State Department of Social Services to prioritize the revenues that it receives from the California Community Health Fund to fund the Safe Drinking Water Supplemental Benefit Pilot Program. The bill would require the State Department of Social Services to coordinate with the State Water Resources Control Board for purposes of conducting any activities related to the Safe Drinking Water Supplemental Benefit Pilot Program and that are funded by the California Community Health Fund. The bill would extend the Safe Drinking Water Supplemental Benefit Pilot Program to July 1, 2025, and would repeal those provisions on January 1, 2026. Because the bill would expand the application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. This bill would make legislative findings and declarations relating to the consumption of sweetened beverages, diabetes, childhood obesity, and dental disease. 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 include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII   A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
Who sponsors AB 138?
AB 138 is sponsored by Bloom, Chiu, McCarty, Nazarian, Wicks, Buffy (Democratic), Monning, Wiener, Scott D. (Democratic), and Bonta, Mia (Democratic).
What is the current status of AB 138?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 138?
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