BILL ANALYSIS AB 1860 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1860 (Tom Berryhill) As Amended August 3, 2010 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 3, 2010) |SENATE: |33-0 |(August 5, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: G.O. SUMMARY : Allows any county office of education (COE) or school district in the state that owns and operates an overnight retreat facility to have an event at the overnight retreat facility where alcoholic beverages can be possessed, consumed or sold, provided the event is held during weekends or at times when pupils are not on the grounds, as specified. Under current law only Marin and Stanislaus COEs have this authority. The Senate amendments contain double-jointing language to prevent a chaptering-out conflict with AB 1643 (Smyth) and AB 1748 (Hill). EXISTING LAW : 1)Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Alcoholic Beverage Control Act in accordance with laws enacted by the Legislature. 2)Prohibits, with specified exceptions, the possession, consumption and sale of alcoholic beverages in any public school (K-14) or any grounds thereof. Existing law provides various exceptions to this general prohibition at specified venues (e.g., performing arts centers, stadiums, etc.). 3)Creates an exception to the general prohibition against the consumption of alcoholic beverages on publicly owned school property by allowing alcoholic beverages to be sold and consumed for an event during the weekend or at other times when pupils are not on the rounds of an overnight retreat facility owned and operated by the COE in Stanislaus County. AS PASSED BY THE ASSEMBLY , this bill is consistent with Assembly AB 1860 Page 2 actions. FISCAL EFFECT : According to the Assembly Appropriations Committee, any costs associated with this legislation would be minor and absorbable within ABC's existing resources. COMMENTS : Existing law provides for many exceptions to the general prohibition, including those for college stadiums, culinary arts programs, and housing and performing arts facilities. Other existing exceptions allow alcoholic beverages to be possessed, consumed, and sold at organized, licensed events held on the grounds of overnight retreat facilities owned and operated by the Marin and Stanislaus County Offices of Education, provided that the events occur on weekends or at other times when pupils are not on the grounds. This bill extends the exceptions for the aforementioned Marin and Stanislaus COEs to all COEs and school districts with overnight retreat facilities when pupils are not on the grounds. The Clovis Unified School District and the Sutter County Superintendent of Schools state "during these difficult budget times, when we are making significant cuts to our educational programs and services, having some ability to increase revenues will be very helpful in our effort to sustain very important outdoor educational programs." During days and weekends when outdoor education facilities are not in use and not hosting students, the public would have access to a unique center for weddings, family reunions, and other organizational events. The Santa Clara County Office of Education writes, this measure "will be beneficial because not only will it keep costs down for students but will provide a usable venue for the public, without jeopardizing the safety of students." Analysis Prepared by: Eric Johnson / G. O. / (916) 319-2531 FN: 0005576