BILL ANALYSIS
AB 2426
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Date of Hearing: April 15, 2008
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Lois Wolk, Chair
AB 2426 (Cook) - As Amended: April 10, 2008
SUBJECT : State Parks: Alcoholic Beverages: Open Containers
SUMMARY : Makes it an infraction to possess an open container
of an alcoholic beverage in a state park if the district
superintendent has posted an order, in accordance with state
park regulations, prohibiting consumption of alcoholic beverages
in that area.
EXISTING LAW :
1) Makes it an infraction for any person to possess an open
container of an alcoholic beverage in any city or county
park, or other regional park or open-space district area, if
the city or county has enacted an ordinance prohibiting
possession of open containers or consumption of alcoholic
beverages in those areas.
2) Authorizes the Department of Parks & Recreation (DPR) to
administer property under its jurisdiction for use and
enjoyment of the public. Authorizes DPR to establish rules
and regulations not inconsistent with law for the government
and administration of property under its jurisdiction.
3) Provides in regulation, Title 14, CCR, Section 4326, that no
person shall violate any posted order in a state park,
including orders for no alcoholic beverage areas.
FISCAL EFFECT : Unknown
COMMENTS : The author indicates this bill has been introduced
to address the fact that currently state park rangers and
lifeguards cannot prohibit the possession of alcohol or cite
individuals for having open containers of alcoholic beverages in
state parks. Cities and counties are able to cite infractions
for any open container of alcohol in city parks if there is an
ordinance prohibiting alcohol in those areas. This bill would
give DPR authority to ban alcohol possession in specific state
parks pursuant to an order posted by a district superintendent
in accordance with state park regulations. DPR notes that
AB 2426
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particularly on certain holidays, abuse of alcohol in some state
parks has become a problem and creates an unwelcoming
environment for safe use of state parks by families and other
members of the public. In addition, intoxicated visitors often
leave the state park and get behind the wheel. This bill would
give DPR the authority to ban alcohol possession in specific
state park locations at specific times, pursuant to a state park
district superintendent's posted order.
Amendments : The Assembly Governmental Organizations Committee
heard this bill on April 9th and approved an amendment requiring
that an order posted by a district superintendent, to be
effective, must be approved by the DPR director. This committee
may also wish to consider whether an additional amendment should
be added to require that there be public notice and opportunity
for public comment on proposed orders to ban alcoholic beverages
in state parks.
REGISTERED SUPPORT / OPPOSITION :
Support
California Department of Parks & Recreation (sponsor)
State Park Peace Officers Association of California
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096