BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2121 (Gonzalez) - Alcoholic beverage control: Responsible Beverage Service Training Program Act of 2016 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 21, 2016 |Policy Vote: G.O. 13 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Debra Cooper | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 2121 would establish the Responsible Beverage Service (RBS) Training Program Act of 2016, beginning July 1, 2020, that will require an alcohol server, as defined, to successfully complete an RBS training course from an accredited training provider within three months of employment and every three years thereafter. Fiscal Impact: Ongoing costs of approximately $250,000 per year for the initial development, evaluation, testing, and implementation of the RBS Training Program and two analyst positions for establishing the rulemaking process, establishing the credentialing process, establishing the auditing program, preparation of outreach information and web design for information. (Alcohol Beverage Control Fund (ABCF)) AB 2121 (Gonzalez) Page 1 of ? Unknown costs for development of IT, administrative, and educational structures to support the program. Costs are expected to decrease over time. (ABCF) Unknown additional costs to approve accreditation agencies other than the American National Standards Institute (ANSI). There is a potential source of revenue for a fee for the review and approval of accreditation agencies; however, it is currently unknown whether any such accreditation agencies other than ANSI exist. (ABCF) Minor and absorbable costs for enforcement. (ABCF) Background: RBS training is not required in California although some cities and counties do require RBS training to sell or serve alcoholic beverages at licensed establishments within their jurisdiction. The Department of Alcoholic Beverage Control (ABC) currently oversees the Licensee Education on Alcohol and Drugs (LEAD) Program, which is a free, voluntary, prevention and education class offered for retail licensees, their employees, and applicants. The LEAD Program provides practical information on serving alcoholic beverages safely, responsibly, and legally, preventing illicit drug activity, and more. At the conclusion of the class, an exam is given and each person that fulfills all of the training requirements receives a certificate certifying that they successfully completed a LEAD training course. Proposed Law: This bill would establish the RBS Training Program and, beginning July, 1, 2020, would require alcohol servers, as defined, to complete an RBS training course from an accredited training provider, as defined, within three months of employment and every three years thereafter. AB 2121 (Gonzalez) Page 2 of ? Specifically, this bill would: Define "alcohol server" and "accredited training provider" Stipulates that a licensee must ensure that those required to successfully complete an RBS training course do so. Stipulate that a current certificate or card provided by an accredited training provider shall be accepted throughout the state. Provide that a nonprofit organization that has obtained a temporary daily on-sale license or a temporary daily off-sale license from the department shall designate a person or persons to receive RBS training prior to the event who must also remain on site for the duration of the event. Require ABC, by January 1, 2020, to publish a list on its Internet Web site of RBS training courses provided by accredited RBS training providers. Provide that an RBS training course must consist of at least four hours of instruction and include certain information, and authorize ABC to establish additional training standards and curricula. Require at least one RBS training course to cost a participant no more than $15 and at least one RBS training course to be offered in Spanish. Allow ABC to authorize an accreditation agency, in addition to ANSI, to accredit training providers to offer RBS training courses and to collect fees to cover the reasonable costs associated with the review and approval of that accreditation agency Require that ABC, beginning January 1, 2019, include information on RBS training course requirements on the application for an authorized license and with the license renewal notices sent to authorized licensees, and requires licensees to maintain records necessary to establish compliance with this bill. Stipulate that, beginning July 1, 2020, an authorized licensee who knowingly and intentionally employs someone who has not completed an RBS training course shall only be subject to certain ABC Act civil and administrative penalties. Staff Comments: The primary revenue source for the Alcohol Beverage Control Fund is derived from original license fees, annual renewal fees, and special service fees. Excise taxes, fees, and AB 2121 (Gonzalez) Page 3 of ? penalties are collected into this fund and transferred to the General Fund. However, ABC receives no funding from the General Fund to cover expenditures associated with its public mandates. -- END --