BILL ANALYSIS
AB 1860
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1860 (Tom Berryhill) - As Introduced: February 12, 2010
Policy Committee: Governmental
Organization Vote: 20 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill 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 county office of
education or school district.
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)Rationale . Existing law provides for many exceptions to the
general prohibition, including those for college stadiums,
culinary arts programs, and housing and performing arts
facilities. Other existing exceptions allow alcoholic
beverages to be possessed, consumed, and sold at organized,
licensed events held on the grounds of overnight retreat
facilities owned and operated by the Marin and Stanislaus
County Offices of Education, provided the events occur on
weekends or at other times when pupils are not on the grounds.
This bill extends the current exceptions for Marin and
Stanislaus County Offices of Education to all county offices
of education and school districts with overnight retreat
facilities when pupils are not on the grounds.
AB 1860
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The Clovis Unified School District and the Sutter County
Superintendent of Schools state, "during these difficult
budget times, when we are making significant cuts to our
educational programs and services, having some ability to
increase revenues will be very helpful in our effort to
sustain very important outdoor educational programs." During
days and weekends when outdoor education facilities are not in
use and not hosting students, the public would have access to
a unique center for weddings, family reunions, and other
organizational events.
The Santa Clara County Office of Education writes, this
measure "will be beneficial because not only will it keep
costs down for students but will provide a usable venue for
the public, without jeopardizing the safety of students."
2)Related Legislation . AB 1643 (Smyth) of 2010, would allow
alcoholic beverages to be possessed and used at fundraising
events held at community college-owned facilities where K-12
students are taught, provided that the events take place when
K-12 students are not present. This bill is identical to AB
172 (Smyth; Chapter 398, Statutes of 2009) which was
inadvertently chaptered out by AB 1448 (Tom Berryhill; Chapter
399, Statutes of 2009).
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.
3)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 amendments may eventually be
necessary.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081