BILL ANALYSIS Ó
SCR 45
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Date of Hearing: July 13, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SCR 45 (Corbett) - As Introduced: May 3, 2011
SENATE VOTE : 33-0
SUBJECT : Alcoholic beverage control
SUMMARY : This resolution urges the Governor to make the
prevention of underage alcohol use a priority of the state by
engaging in a statewide effort to prevent and reduce underage
drinking and its consequences and ensuring that California joins
with the 41 other states that are active in the Leadership to
Keep Children Alcohol Free which is an initiative to prevent the
use of alcohol by children ages 9 to 15. Specifically, this
resolution makes the following legislative findings:
1) Recent scientific studies show that alcohol causes much more
damage to the developing brains of adolescents and teenagers
than previously thought, and adolescent brains suffer much more
damage from the abuse of alcohol than adult brains. Recent
research indicates that adolescent substance users show
abnormalities in their brain functions that are also linked to
changes in neurocognition over time.
2) Because of continuous neurological developments in
adolescence and young adulthood, increased preferences for risky
behavior and novelty seeking emerge, predisposing teenagers to
experiment more with drugs and alcohol while being particularly
at risk of developing addictive behaviors
3) Each year, approximately 5,000 young people under 21 years
of age die as a result of underage drinking; including about
1,900 deaths from motor vehicle crashes, 1,600 as a result of
homicides, 300 from suicide, as well as hundreds from other
injuries such as falls, burns, and drownings.
4) Drinking continues to be widespread among adolescents, as
shown by nationwide surveys as well as studies in smaller
populations. According to an annual survey of U.S. youth,
three-fourths of 12th graders, more than two-thirds of 10th
graders, and about two in every five eighth graders have
consumed alcohol.
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5) In 2007, the United States Surgeon General, in collaboration
with the National Institute on Alcohol Abuse and Alcoholism and
the Substance Abuse and Mental Health Services Administration,
issued a call to action to combat teen alcohol drinking.
6) Governors of 41 states have joined the Leadership to Keep
Children Alcohol Free, a unique coalition of governors,
governors' spouses, federal agencies, and public and private
organizations working to prevent the use of alcohol by children
9 to 15 years of age. It is the only national effort that
focuses on this age group. The initiative is alerting the nation
to the critical public health problem of underage drinking,
mobilizing stakeholders, and promoting evidence-based public
policy initiatives.
EXISTING LAW :
1) Establishes the Department of Alcoholic Beverage Control
(ABC) and grants it exclusive authority to administer
the provisions of the ABC Act in accordance with laws enacted by
the Legislature. This involves licensing individuals and
businesses associated with the manufacture, importation and sale
of alcoholic beverages in this state and the collection of
license fees or occupation taxes for this purpose.
2) States that every person who sells, furnishes, gives, or
causes to be sold, furnished, or given away, any alcoholic
beverage to any person under the age of 21 years is guilty of a
misdemeanor.
3) Provides that except as provided by law, any person who
violates existing law by furnishing an alcoholic beverage, or
causing an alcoholic beverage to be furnished, to a minor shall
be punished by a fine of $1000, no part of which shall be
suspended, and the person shall be required to perform not less
than 24 hours of community service during hours when the person
is not employed and is not attending school.
4) Provides for the Department of Alcohol and Drug Programs
which is responsible for administering prevention, treatment,
and recovery services for alcohol and drug abuse and problem
gambling.
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal
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by the Legislative Counsel.
COMMENTS :
The author's office points out that as a society, we must
continue to fight back the ill effects of underage drinking
because the lives of far too many young people are negatively
impacted by alcohol consumption. A sizeable number of deaths
and injuries are sustained each year due to this
practice. Yet, despite the clear consequences and dangers posed
by underage drinking, studies show that minors throughout
California are being exposed to alcohol at much earlier ages.
The author's office notes that underage drinking costs
Californians an estimated $8.1 billion annually. In 2007,
underage drinkers consumed nearly 14% of all alcohol sold in
California, totaling $3.6 billion in sales.
The author's office also references the California State
Attorney General's "California Student Survey" which found that
36 percent of 9th grade and nearly half (48 percent) of 11th
grade students report that alcohol is very easy to obtain. The
survey also discovered that teens who binge drink (consume five
or more drinks in a row within the past 30 days) constitute
almost half of 9th graders who report any drinking.
Additionally, the survey found that by 11th grade nearly
two-thirds of the teens who drink report binge drinking.
The Leadership to Keep Children Alcohol Free Foundation is a
coalition of current and former Governors' spouses, federal
agencies, and public and private organizations on a mission to
prevent the use of alcohol by children ages 9 to 15. It is the
only national effort that focuses on alcohol use in this age
group. It is also the oldest and largest organization of
Governors' spouses focused on a single issue. Currently, 41
states and 75% of Governors' spouses or their representatives
are members. SCR 45 encourages Governor Brown to ensure that
California is active in this coalition. Additionally, this
resolution encourages the Governor to make the prevention of
underage alcohol use a priority by engaging in a statewide
effort to prevent and reduce underage drinking.
In support : Proponents of this measure point out that more
than 2.3 million underage youth drink alcohol each year in
California and approximately 5,000 young people under 21 years
of age die each year as a result of underage drinking.
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Additionally, proponents contend that about half of high school
students who drop out of school are involved with alcohol or
other drugs. Furthermore, according to annual student surveys,
three out every four 12th graders, more than 2/3 of 10th graders
and about two in every five 8th graders have consumed alcohol
and 8 of 10 high school students say that they see school mates
getting high or drunk at school.
Prior legislation : AB 1658 (Sharon Runner), Chapter 743,
Statutes of 2007. Increased the fines for trying to purchase
alcohol by persons under 21 years old and manufacturing of false
IDs and licenses.
AB 2037 (La Suer), Chapter 291, Statutes of 2004. Provided the
same liability for furnishing or giving alcohol to a person
under 21 years of age as there currently is for purchasing
alcohol for a person under 21 years of age when the person under
21 drinks the alcohol and proximately causes injury or death.
AB 1301 (Simitian), Chapter 625, Statutes of 2003. Created a
misdemeanor for permitting a person under the age of 18 to
consume alcohol or a controlled substance at the home of the
adult or legal guardian, as specified.
SB 340 (Baca), Chapter 786, Statutes of 1999. Required ABC,
after conducting any minor decoy program, to notify licensees
within 72 hours of the results of the program, or within 72
hours of issuing any citation for violations involving a sale to
a minor.
Related legislation : AB 183 (Ma) 2011-12 Session. Would
prohibit off-sale licensees from selling alcoholic beverages
using a customer-operated checkout stand. (Pending in Senate
Appropriations Committee)
REGISTERED SUPPORT / OPPOSITION :
Support
California Beer and Beverage Distributors
California council on Alcohol Problems
California Police Chiefs Association
County of Alcohol and Drug Program Administrators Association of
California
Mothers Against Drunk Driving
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Narcotic Officers' Association
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531