BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1860|
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CONSENT
Bill No: AB 1860
Author: Tom Berryhill (R), et al
Amended: 8/3/10 in Senate
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-0, 6/22/10
AYES: Wright, Harman, Calderon, Denham, Florez, Negrete
McLeod, Padilla, Price, Yee
NO VOTE RECORDED: Oropeza, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/3/10 - See last page for vote
SUBJECT : Alcoholic beverages: places of consumption
SOURCE : Author
DIGEST : This bill modifies an existing exception in the
Alcoholic Beverage Control Act (currently applicable only
to Marin County and Stanislaus County) that permits the
possession, consumption and sale of alcoholic beverages for
an event held at an overnight retreat facility owned and
operated by the aforementioned counties, provided the event
occurs on weekends or at other times when pupils are not
present. This bill also contains double-jointing language
to prevent a chaptering out problem with AB 1643 (Smyth),
Chapter 79, Statutes of 2010 and AB 1748 (Hill), Chapter
84, Statutes of 2010.
CONTINUED
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ANALYSIS :
Existing Law
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. For example:
1. AB 3071 (Assembly Governmental Organization Committee),
Chapter 508, Statutes of 2008, authorizes the
possession, use, sale or consumption of alcoholic
beverages in connection with special events held at the
facilities of a public community college, located in Los
Angeles County or Alameda County.
2. SB 1486 (Hollingsworth), Chapter 72, Statutes of 2006,
authorizes alcoholic beverages to be served and consumed
on the grounds of the Water Conservation Demonstration
Garden on the campus of Cuyamaca College in Rancho San
Diego.
3. SB 220 (Chesbro), Chapter 203, Statutes of 2005,
authorizes Napa Valley College to sell wine it produces
as part of the College's instructional program in
viticulture and enology.
4. AB 767 (Mullin), Chapter 204, Statutes of 2005,
authorizes the possession and consumption of alcoholic
beverages in residential facilities or housing offered
for rent, lease, or sale exclusively to faculty or staff
of San Mateo Community College.
5. SB 572 (Maddy), Chapter 90, Statutes of 1997, authorizes
the possession and use of alcoholic beverages during
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nonprofit fundraising events held at Memorial Stadium on
the Bakersfield College campus. "Events" does not
include football games or other athletic contests held
at the college.
6. SB 113 (Thompson), Chapter 238, Statutes of 1993,
authorizes the possession and use of alcoholic beverages
on public school grounds as follows: (a) at events
sponsored by Napa Community College (currently known as
Napa Valley College) which has an instructional program
on viticulture and enology; and, (b) at a professional
minor league baseball game conducted at the stadium of a
community college (Butte Community College) located in a
county with a population of less than 2500,000
inhabitants.
This bill:
1. Strikes reference to the Counties of Marin and
Stanislaus, thereby extending the current privilege to
possess, consume or sell alcoholic beverages to all
county offices of education or school districts with
overnight retreat facilities, when pupils are not on the
grounds.
2. Contains language to avoid a chaptering problem with AB
1643 (Smyth) Chapter 79, Statutes of 2010, and AB 1748
(Hill), Chapter 84, Statutes of 2010.
3. Makes other minor technical, clarifying and code
maintenance changes.
Comment
As noted above, current law prohibits the sale, possession
or consumption of alcoholic beverages on the grounds of a
public school (K-14) and provides various exceptions to
this prohibition, including those for college stadiums,
culinary arts programs, and housing and performing arts
facilities. Current law also provides a narrow exception
to this prohibition that allows alcoholic beverages to be
possessed, consumed, or sold, pursuant to a license, for an
event during the weekend or at other times when pupils are
not on the grounds of an overnight retreat facility owned
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and operated by a county office of education in a county of
the 18th class (Marin County) or 20th class (Stanislaus
County).
According to the author's office, this bill is intended to
allow the Clovis Unified School District to rent out an
overnight facility it owns and operates for weddings,
family reunions and other events. This bill essentially
extend the current exception applicable to Marin and
Stanislaus County Offices of Education to all county
offices of education or school districts with overnight
retreat facilities when pupils are not on the grounds.
The Clovis Unified School District states that "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
education programs."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/2/10)
California County Superintendents Educational Services
Association
Clovis Unified School District
School Services of California
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, 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, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
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Torres, Torrico, Tran, Villines
NO VOTE RECORDED: Carter, De Leon, Hall, Yamada, John A.
Perez, Vacancy
TSM:do 8/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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