BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1643|
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CONSENT
Bill No: AB 1643
Author: Smyth (R)
Amended: 5/12/10 in Senate
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORG. COMMITTEE : 6-0, 6/9/10
AYES: Wright, Negrete McLeod, Padilla, Price, Wyland, Yee
NO VOTE RECORDED: Harman, Calderon, Denham, Florez,
Oropeza
ASSEMBLY FLOOR : 69-0, 4/26/10 - See last page for vote
SUBJECT : Alcohol beverages: places of consumption
SOURCE : Author
DIGEST : This bill permits alcoholic beverages to be
acquired, possessed, or used during events held at a
community college-owned facility used to school K-12
students, if the event is held at a time when students in
any grades from K-12 are not present at the facility,
defines "events" to include fundraisers held to benefit a
nonprofit that has obtained an appropriate Alcoholic
Beverage Control license for the event, and contains a
chaptering out provision incorporating the provisions of
this bill and AB 1860 (Tom Berryhill).
ANALYSIS : The enactment of the 21st Amendment to the
U.S. Constitution in 1933 repealed the 18th Amendment and
ended the era of Prohibition. Accordingly, states were
CONTINUED
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granted the authority to establish alcoholic beverage laws
and administrative structures to regulate the sale and
distribution of alcoholic beverages. Existing law
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. The ABC Act generally prohibits, with
specified exceptions, the possession, consumption and sale
of alcoholic beverages in any public school (K-14) or any
grounds thereof.
Over the years, numerous legislative exceptions have been
granted to school districts to allow for the possession and
use of alcoholic beverages on community college school
grounds. (See policy committee analysis for those bills.)
Background
According to the author's office, the College of the
Canyons, located in the Santa Clarita Valley, has completed
construction of a new University Center facility to serve a
variety of purposes for the campus. A portion of the first
floor of the University Center facility 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.
The author's office notes that current law prohibits
alcohol service in any facility that is also occupied by
K-12 students. Given that the conference center (3rd
floor) will be used after school hours and will be located
on a different floor than the two schools, with no direct
access by high school students, this measure seeks to
revise the law to allow alcohol service in the University
Center facility when high school students are not present.
The author's office emphasizes that without such a change,
College of the Canyons will be unable to utilize this new
facility to its maximum potential. Furthermore, the
author's office points out that events scheduled to be held
in the new facility will provide valuable contributions to
both the school and the surrounding community, as they
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often raise money for a variety of community activities.
Related and Prior Legislation
AB 1860 (Tom Berryhill) 2009-10 Session, would allow any
county office of education 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. Under current law only
Marin and Stanislaus have this authority. (Pending in
Senate Governmental Organization Committee)
AB 1748 (Hill) 2009-10 Session, would expand an existing
exception to the general prohibition against the
consumption of alcoholic beverages on publicly owned school
property (K-14) applicable to special events held at a
community college in a county of the first class (Los
Angeles) and in a county of the fourth class (Alameda) to
also include a community college located in a county of the
10th class (San Mateo). (Pending on the Senate Floor)
AB 888 (Price) 2009-10 Session, would have added a new
provision to the ABC Act prohibiting an individual from
possessing or consuming an open alcoholic beverage
container on city and county streets, alleys, and sidewalks
within 600 feet of a public or private school, with
specified exceptions. This bill was vetoed by Governor on
the basis that existing law already allows local government
the ability to enact ordinances to restrict or prohibit the
possession or consumption of alcohol in public areas.
AB 1448 (Tom Berryhill) Chapter 399, Statutes of 2009,
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 172 (Smyth) Chapter 398, Statutes of 2009, similar to
this bill. (AB 1448, Tom Berryhill, Chapter 399, Statutes
of 2009 inadvertently chaptered out AB 172.)
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/14/10)
College of the Canyons
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, Portantino, Ruskin, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines
NO VOTE RECORDED: Arambula, Bass, Carter, Fuller,
Furutani, V. Manuel Perez, Salas, Saldana, Yamada, John
A. Perez
DLW:nl 6/14/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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