BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1860
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1860 (Tom Berryhill)
          As Amended  August 3, 2010
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |74-0 |(May 3, 2010)   |SENATE: |33-0 |(August 5,     |
          |           |     |                |        |     |2010)          |
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           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

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