BILL ANALYSIS
AB 1643
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1643 (Smyth) - As Introduced: January 12, 2010
Policy Committee: Governmental
Organization Vote: 20 - 0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill removes the prohibition against serving alcohol at a
public kindergarten K-12 school housed on the campus of a
college, as long as the event is held at a time when children
are not present. In addition, the only allowable events at which
alcohol can be served in this instance are fundraisers held to
benefit a nonprofit corporation.
FISCAL EFFECT
Any costs associated with this legislation would be minor and
absorbable within the Department of Alcoholic Beverage Control's
existing resources.
COMMENTS
1)Existing law generally prohibits, with specified exceptions,
the possession, consumption and sale of alcoholic beverages on
the grounds of any public school (K-14). Over the years,
numerous legislative exceptions have been granted to school
districts to allow for the possession and use of alcoholic
beverages on school grounds. These include instances where a
qualified community college district conducts viticulture
instructional programs or, in the case of one exception,
permitting the consumption of alcohol in conjunction with a
professional minor league baseball program at a community
college stadium or culinary arts programs at California
Community Colleges.
The above-mentioned exceptions were narrowly drafted and done
to address specific instances of alcohol consumption at an
AB 1643
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event held on the grounds of a community college.
2)Purpose . According to the author, the College of the Canyons,
located in the Santa Clarita Valley, is completing
construction of a new University Center facility to serve a
variety of functions for the campus. At the college, a
portion of the first floor of the University Center building
will house the Academy of the Canyons (11th and 12th grades)
and Early College High School (9th through 12th grades). The
community college plans to use the top floor of the facility
as a conference and meeting center. Part of that plan
includes alcohol service in support of designated events.
Current law allows alcohol to be served on a community college
campus, provided there is some benefit given back to its
students for educational programming. In order to meet the
requirements of current law, any event hosted by the College
of the Canyons where alcohol is served will induce a
contribution to the College of the Canyons Foundation.
3)Related Legislation . This bill is virtually identical to last
year's AB 172 (Smyth) which was signed by the governor but
inadvertently chaptered out by AB 1448 (Tom Berryhill)
(Chapter 399, Statutes of 2009), which authorized the
possession, consumption, or sale of alcoholic beverages for an
event during the weekend or at other times when pupils are not
on the grounds of an overnight retreat facility owned and
operated by the county office of education in Stanislaus
County.
AB 1860 (Tom Berryhill) authorizes the possession,
consumption, or sale of alcoholic beverages for an event
during the weekend or at other times when pupils are not on
the grounds of any overnight retreat facility owned and
operated by any school district or county office of education.
That bill is currently pending before this committee.
4)Chaptering Problem . Similar to last year's situation, where
Assemblymember Berryhill introduced legislation that
inadvertently chaptered out Assemblymember Smyth's AB 172,
both authors have introduced bills amending the same code
section again. Chaptering language will eventually be
necessary.
AB 1643
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Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081