BILL ANALYSIS
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THIRD READING
Bill No: AB 1748
Author: Hill (D)
Amended: 6/21/10 in Senate
Vote: 21
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 : 72-0, 5/17/10 - See last page for vote
SUBJECT : Alcoholic beverage control: public
schoolhouses
SOURCE : San Mateo Community College District
DIGEST : This bill expands an existing exception in the
Alcoholic Beverage Control Act pertaining to the general
prohibition against the consumption of alcoholic beverages
on publicly owned school property (K-14) which is
applicable for "special events" held at the facilities of a
community college in a county of the first class (Los
Angeles) or a county of the fourth class (Alameda) to also
include a community college located in a county of the 10th
class (San Mateo).
Senate Floor Amendments of 6/21/10 add double-jointing
language to prevent a chaptering conflict with AB 1643
(Smyth) and AB 1860 (Tom Berryhill).
CONTINUED
AB 1748
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2
ANALYSIS : 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.
Background
The College of San Mateo recently completed the renovation
and expansion of one of its main dining facilities that
will be able to seat as many as 400 people for special
events (e.g., weddings and receptions) with alcoholic
beverages being served. Current law, however generally
prohibits, with specified exceptions, the possession,
consumption and sale of alcoholic beverages in any public
school (K-14) or any grounds thereof. AB 3071 (Assembly
Governmental Organization Committee), Chapter 508, Statutes
of 2008, created a narrow exception to this existing
prohibition applicable only to community colleges in the
Counties of Los Angeles and Alameda. This bill adds the
County of San Mateo to this existing provision of law
thereby granting the San Mateo County Community College
District the same privilege.
Prior/Related Legislation
AB 1860 (Tom Berryhill) 2009-10 Session, allows 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. (In Senate Governmental
Organization Committee)
AB 1748
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AB 1643 (Smyth) 2009-10 Session, allows public colleges
(K-14) to serve alcoholic beverages during "special events"
and fundraisers in a college facility that is used to
school K-12 students, provided the events are held at a
time when students in any grade from K-12 are not present
at the facility. (On the Senate Floor)
AB 888 (Price) 2009-10 Session, 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. AB
888 passed off the Senate Floor 26/10 on 8/27/09 but 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,
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 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 AB
1643 (Smyth) of 2010. (AB 1448 - Tom Berryhill Chapter 399
of 2009 inadvertently chaptered out AB 172)
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/21/10)
San Mateo Community College District (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
AB 1748
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Fuller, 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, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torres, Torrico, Tran, Villines,
John A. Perez
NO VOTE RECORDED: Bass, Caballero, Carter, Furutani,
Silva, Torlakson, Yamada, Vacancy
DLW:do 6/22/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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