BILL NUMBER: AB 951	CHAPTERED  06/28/07

	CHAPTER  19
	FILED WITH SECRETARY OF STATE  JUNE 28, 2007
	APPROVED BY GOVERNOR  JUNE 28, 2007
	PASSED THE SENATE  JUNE 18, 2007
	PASSED THE ASSEMBLY  JUNE 21, 2007
	AMENDED IN SENATE  MAY 23, 2007

INTRODUCED BY   Assembly Members Jones and Nakanishi
   (Principal coauthor: Senator Steinberg)
   (Coauthors: Assembly Members Gaines and Niello)

                        FEBRUARY 22, 2007

   An act to add Section 25608.5 to the Business and Professions
Code, relating to alcoholic beverages, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 951, Jones. Alcoholic beverages: possession: Lower American
River.
   (1) Existing law establishes the Alcoholic Beverage Control Act to
regulate the possession, sale, and consumption of alcohol. Existing
law makes it a crime to violate any provision of the Alcoholic
Beverage Control Act.
   This bill would prohibit a person, in a nonmotorized vessel on
certain portions of the Lower American River, as defined, from
possessing a container, as defined, with an alcoholic beverage during
the summer holiday periods that the Sacramento County Board of
Supervisors prohibits the consumption or possession of an open
alcoholic beverage container on the land portions along the river.
The bill would require Sacramento County to provide notice on the
land portions along the river that this conduct is punishable as an
infraction.
   Because this bill would create a new crime and require Sacramento
County to provide notice on the land portions along the river that
this conduct is punishable as an infraction, this bill would impose a
state-mandated local program.
   This bill would make legislative findings and declarations as to
the necessity of a special statute.
   (2) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25608.5 is added to the Business and
Professions Code, to read:
   25608.5.  (a) On the portion of the Lower American River, as
defined in Section 5841 of the Public Resources Code, from the Hazel
Avenue Bridge to the Watt Avenue Bridge, a person in a nonmotorized
vessel shall not possess a container with an alcoholic beverage,
whether opened or closed, during the summer holiday periods that the
Sacramento County Board of Supervisors prohibits the consumption or
possession of an open alcoholic beverage container on the land
portions along the river.
   (b) For purposes of this section, "container" means bottle, can,
or other receptacle.
   (c) A violation of this section is punishable as an infraction
pursuant to subdivision (b) of Section 25132 of the Government Code.
   (d) Sacramento County shall provide notice on the land portions
along the river described in subdivision (a) that a violation of this
section is punishable as an infraction.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique problem of prevalent consumption of alcohol
during certain summer holiday periods on this portion of the Lower
American River.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the health and safety of the public due to the
problem of consumption of alcohol during certain summer holiday
periods on a portion of the Lower American River, it is necessary for
this act to take effect immediately.