California 2023-2024 Regular Session

California Senate Bill SB388

Introduced
2/9/23  
Refer
2/22/23  
Introduced
2/9/23  
Introduced
2/9/23  
Refer
2/22/23  
Refer
2/22/23  
Report Pass
4/12/23  
Report Pass
4/12/23  
Refer
4/12/23  
Report Pass
4/25/23  
Report Pass
4/25/23  
Report Pass
5/18/23  
Refer
4/25/23  
Refer
4/25/23  
Engrossed
5/25/23  
Report Pass
5/18/23  
Report Pass
5/18/23  
Refer
6/8/23  
Engrossed
5/25/23  
Report Pass
6/27/23  
Refer
6/8/23  
Refer
6/8/23  
Report Pass
6/27/23  
Report Pass
8/23/23  
Refer
6/27/23  
Refer
6/27/23  
Enrolled
8/31/23  
Report Pass
8/23/23  
Report Pass
8/23/23  
Chaptered
9/22/23  
Enrolled
8/31/23  
Enrolled
8/31/23  
Chaptered
9/22/23  
Passed
9/22/23  

Caption

Alcoholic Beverage Tax: beer manufacturer returns and schedules.

Impact

The legislation introduces a significant change to current tax disclosure practices for beer manufacturers. By making specific information publicly accessible, it aims to promote accountability and provide stakeholders with the data necessary to make informed decisions regarding the industry. However, the bill also includes provisions that allow taxpayers (other than individuals) to prevent the disclosure of their proprietary information - a balancing act between transparency and protecting business interests.

Summary

Senate Bill 388, introduced by Senator Archuleta, seeks to amend the Alcoholic Beverage Tax Law in California by requiring the State Board of Equalization to make certain information regarding beer manufacturers publicly available starting January 1, 2024. Specifically, the bill mandates that names and addresses of taxpayers filing beer manufacturer returns be disclosed upon request, while still allowing exceptions for individuals (natural persons) and certain confidential information. This move is positioned to increase transparency within the beer manufacturing industry and facilitate better market analysis.

Sentiment

The sentiment around SB 388 appears mostly supportive among those favoring increased transparency and fairness in tax reporting within the alcoholic beverage industry. Proponents argue that such measures will foster a healthier marketplace by allowing for effective oversight and competition. Conversely, concerns have been raised by some legislators and stakeholders regarding the impact of public disclosure on individual taxpayers and the potential for misuse of the publicly accessible data, suggesting a more cautious approach to such transparency be warranted.

Contention

Key points of contention surrounding SB 388 focus on the implications of public disclosure relating to the competitive nature of the brewing industry. Critics argue that revealing taxpayer identities could undermine private business strategies and advantage competitors. Additionally, the exception for natural persons in terms of name disclosure raises questions about equity and whether it provides sufficient protection for small-scale brewers compared to larger entities, potentially fueling a debate about fairness in tax law and its application.

Companion Bills

No companion bills found.

Previously Filed As

CA SB518

Alcoholic Beverage Tax: winegrower returns and schedules.

CA AB2307

Alcoholic beverages: beer manufacturers: branch offices.

CA AB1541

Alcoholic beverages: beer manufacturers and wholesalers: distribution.

CA SB56

Alcoholic beverages: retail licensees: beer returns.

CA AB2085

Tied-house restrictions: donations of alcoholic beverages: returns.

CA AB1940

Alcoholic beverages: beer returns.

CA AB997

Alcoholic beverage licensees: winegrowers and beer manufacturers.

CA AB2301

Alcoholic beverage sales: beer manufacturers: licensed premises.

CA AB1890

Alcoholic beverage licensees: craft distillers, winegrowers, and beer manufacturers.

CA SB254

Alcoholic beverage control; delivery of alcoholic beverages, third-party delivery license.

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