BILL ANALYSIS Ó
SCR 45
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SENATE THIRD READING
SCR 45 (Corbett)
As Amended August 18, 2011
Majority vote
SENATE VOTE : 33-0
GOVERNMENTAL ORGANIZATION 16-0
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|Ayes:|Hall, Nestande, Atkins, | | |
| |Block, Blumenfield, | | |
| |Chesbro, Cook, Galgiani, | | |
| |Garrick, Hill, Jeffries, | | |
| |Ma, Perea, V. Manuel | | |
| |Pérez, Silva, Torres | | |
| | | | |
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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
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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 8th graders have consumed
alcohol.
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.
7)Contains co-authors.
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
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shall be punished by a fine of $1,000, 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 by
the Legislative Counsel.
COMMENTS : The author 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 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 also references the California State Attorney
General's "California Student Survey" which found that 36% of
9th grade and nearly half (48%) 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. This bill encourages Governor Brown to ensure that
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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.
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 two-thirds 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
schoolmates 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 the
Senate)
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Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001928